96-12625. Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances  

  • [Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
    [Rules and Regulations]
    [Pages 25585-25594]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-12625]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 82
    
    [FRL-5467-1]
    RIN 2060-AG12
    
    
    Protection of Stratospheric Ozone: Listing of Substitutes for 
    Ozone-Depleting Substances
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Final rule.
    
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    SUMMARY: This action finalizes restrictions or prohibitions on 
    substitutes for ozone depleting substances (ODSs) under the U.S. 
    Environmental Protection Agency (EPA) Significant New Alternatives 
    Policy (SNAP) program. SNAP implements section 612 of the amended Clean 
    Air Act of 1990 which requires EPA to evaluate and regulate substitutes 
    for the ODSs to reduce overall risk to human health and the 
    environment. Through these evaluations, SNAP generates lists of 
    acceptable and unacceptable substitutes for each of the major 
    industrial use sectors. The intended effect of the SNAP program is to 
    expedite movement away from ozone depleting compounds while avoiding a 
    shift into high-risk substitutes posing other environmental problems.
        On March 18, 1994, EPA promulgated a final rulemaking setting forth 
    its plan for administering the SNAP program (59 FR 13044), and issued 
    decisions on the acceptability and unacceptability of a number 
    substitutes. In this Final Rulemaking (FRM), EPA is issuing its 
    preliminary decisions on the acceptability of certain substitutes not 
    previously reviewed by the Agency. To arrive at determinations on the 
    acceptability of substitutes, the Agency completed a cross-media 
    evaluation of risks to human health and the environment by sector end-
    use.
    
    DATES: Effective date June 21, 1996.
        The information collection requirements contained in Appendix C of 
    subpart G of part 82 have not been approved by the Office of Management 
    and Budget (OMB) and are not effective until OMB has approved them. EPA 
    will publish a document in the Federal Register announcing OMB 
    approval.
    
    ADDRESSES: Public Docket: Public comments and data specific to this 
    final rule are in Docket A-91-42, Central Docket Section, South 
    Conference Room 4, U.S. Environmental Agency, 401 M Street, SW., 
    Washington, DC 20460. The docket may be inspected between 8 a.m. and 4 
    p.m. on weekdays. Telephone (202) 260-7549; fax (202) 260-4400. As 
    provided in 40 CFR part 2, a reasonable fee may be charged for 
    photocopying.
    
    FOR FURTHER INFORMATION CONTACT: Nancy Smagin at (202) 233-9126 or fax 
    (202) 233-9577, Stratospheric Protection Division, USEPA, Mail Code 
    6205J, 401 M Street, SW., Washington, DC 20460
    
    SUPPLEMENTARY INFORMATION:
    
    I. Overview of This Action
    
        This action is divided into five sections, including this overview:
    
    I. Overview of This Action
    II. Section 612 Program
        A. Statutory Requirements
        B. Regulatory History
    III. Listing of Substitutes
    IV. Administrative Requirements
    V. Additional Information
    Appendix: Summary of Listing Decisions
    
    II. Section 612 Program
    
    A. Statutory Requirements
    
        Section 612 of the Clean Air Act authorizes EPA to develop a 
    program for evaluating alternatives to ozone-depleting substances. EPA 
    is referring 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 substitute to or delete a substitute 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.
        90-day Notification--Section 612(e) requires EPA to require any 
    person who
    
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    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 comprise the principal 
    industrial sectors that historically consume large volumes of ozone-
    depleting compounds.
        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 chemical manufacturers, but may include 
    importers, formulators or end-users when they are responsible for 
    introducing a substitute into commerce.
    
    III. Listing of Substitutes
    
        To develop the lists of unacceptable and acceptable substitutes, 
    EPA conducts screens of health and environmental risks posed by various 
    substitutes for ozone-depleting compounds in each use sector. The 
    outcome of these risks screens can be found in the public docket, as 
    described above in the Addresses portion of this notice.
        Under section 612, the Agency has considerable discretion in the 
    risk management decisions it can make in SNAP. The Agency has 
    identified five possible decision categories: acceptable, acceptable 
    subject to use conditions; acceptable subject to narrowed use limits; 
    unacceptable; and pending. Acceptable substitutes can be used for all 
    applications within the relevant sector end-use. Conversely, it is 
    illegal to replace an ODS with a substitute listed by SNAP as 
    unacceptable. A pending listing represents substitutes for which the 
    Agency has not received complete data or has not completed its review 
    of the data.
        After reviewing a substitute, the Agency may make a determination 
    that a substitute is acceptable only if certain conditions of use are 
    met to minimize risks to human health and the environment. Use of such 
    substitutes in ways that are inconsistent with such use conditions 
    renders these substitutes unacceptable.
        Even though the Agency can restrict the use of a substitute based 
    on the potential for adverse effects, it may be necessary to permit a 
    narrowed range of use within a sector end-use because of the lack of 
    alternatives for specialized applications. Users intending to adopt a 
    substitute acceptable with narrowed use limits must ascertain that 
    other acceptable alternatives are not technically feasible. Companies 
    must document the results of their evaluation, and retain the results 
    on file for the purpose of demonstrating compliance. This documentation 
    shall include descriptions of substitutes examined and rejected, 
    processes or products in which the substitute is needed, reason for 
    rejection of other alternatives, e.g., performance, technical or safety 
    standards, and the anticipated date other substitutes will be available 
    and projected time for switching to other available substitutes. Use of 
    such substitutes in application and end-uses which are not specified as 
    acceptable in the narrowed use limit renders these substitutes 
    unacceptable.
        In this Final Rulemaking (FRM), EPA is issuing decisions on the 
    acceptability of certain substitutes not previously reviewed by the 
    Agency. The proposed rulemaking for these decisions was published on 
    October 2, 1995 (60 FR 51383). As described in the proposed rule, EPA 
    believes that notice-and-comment rulemaking is required to place any 
    alternative on the list of prohibited substitutes, to list a substitute 
    as acceptable only under certain use conditions or narrowed use limits, 
    or to remove an alternative from either the list of prohibited or 
    acceptable substitutes.
        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 
    substitute. Consequently, EPA adds substitutes to the list of 
    acceptable alternatives without first requesting comment on new 
    listings. Updates to the acceptable and pending lists are published as 
    separate Notices in the Federal Register.
        Parts A. through C. below present a detailed discussion of the 
    substitute listing determinations by major use sector. Tables 
    summarizing listing decisions in this Final Rulemaking are in Appendix 
    below. The comments contained in the Appendix provide additional 
    information on a substitute. Since comments are not part of the 
    regulatory decision, they are not mandatory for use of a substitute. 
    Nor should the comments 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 in their application of these substitutes. In many instances, 
    the comments simply allude to sound operating practices that have 
    already been identified in existing industry and/or building-code 
    standards. Thus, many of the comments, if adopted, would not require 
    significant changes in existing operating practices for the affected 
    industry.
    
    A. Refrigeration and Air Conditioning
    
    Response to Comment
        EPA received one comment supporting the requirement to use unique 
    fittings when retrofitting motor vehicle air conditioning systems 
    (MVACS). The commenter, however, requested EPA reduce the information 
    required on the label. EPA based the labeling requirements very closely 
    on SAE J1660 and a petition by the Mobile Air Conditioning Society 
    (MACS), and believes all of the information proposed in the NPRM is 
    necessary, as clarified below. The commenter requested that EPA remove 
    each of the following pieces of information from the label.
         Technician name and address.
        EPA requires this information to ensure that both the consumer and 
    various agencies know exactly who worked on the vehicle. In addition, 
    this information allows the consumer to check that the technician is 
    certified to work on MVACS.
         ASHRAE designation.
    
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        The American Society of Heating, Refrigerating, and Air-
    Conditioning Engineers (ASHRAE) assigns unique numbers to new 
    refrigerants. Refrigerant properties depend very strongly on both the 
    components and the individual percentages within a blend. The 
    composition of all ASHRAE-designated refrigerants is public, and EPA 
    believes it is important for consumers and technicians to be aware of 
    such information if it is available.
         Lubricant Manufacturer.
        Given the large number of new refrigerants and lubricants, EPA 
    believes the consumer is best served by having this information. This 
    information is particularly important since it is extremely difficult 
    to test every possible refrigerant/lubricant combination in every 
    vehicle.
         ``Ozone depleter'' phrase.
        The commenter reasoned that SNAP acceptability was the only 
    relevant criterion to protect the ozone layer. Until November 15, 1995, 
    however, only ozone-depleting substances were required to be recovered 
    from MVACS, and since the composition of certain blends was 
    confidential, EPA believed it was important to alert technicians of the 
    necessity of recovering the refrigerant during servicing and disposal. 
    EPA still believes that this statement does not add significantly to 
    the label size and provides useful information to the consumer.
         Flammability phrase.
        The commenter requested that this phrase be shortened from ``This 
    refrigerant is FLAMMABLE. Take appropriate precautions.'' to 
    ``FLAMMABLE''. However, because flammable refrigerants are not 
    currently in use, EPA believes it is extremely important to draw 
    attention to a flammable substitute. Technicians and consumers need to 
    be aware of the potential hazards posed by flammable refrigerants, and 
    the entire phrase serves that purpose better than a single word.
        In addition to the above rationale, the labeling requirements 
    cannot be changed each time EPA lists a new refrigerant as acceptable 
    for use in MVACS subject to use conditions. The labeling requirements 
    were finalized on June 13, 1995 (60 FR 51383) for HCFC Blend Beta, R-
    401C, and HFC-134a. It is not reasonable to require vendors of those 
    refrigerants to modify their labels or to meet standards not imposed on 
    subsequent refrigerants. EPA believes the labeling requirements are 
    necessary and appropriate to help the MVAC industry in its transition 
    away from CFC-12 in as smooth and safe a manner as possible.
    2. Acceptable Subject to Use Conditions
    a. CFC-12 Automobile and Non-automobile Motor Vehicle Air Conditioners, 
    Retrofit and New
        EPA is concerned that the existence of several substitutes in this 
    end-use may increase the likelihood of significant refrigerant cross-
    contamination and potential failure of both air conditioning systems 
    and recovery/recycling equipment. In addition, a smooth transition to 
    the use of substitutes strongly depends on the continued purity of the 
    recycled CFC-12 supply. In order to prevent cross-contamination and 
    preserve the purity of recycled refrigerants, EPA is imposing several 
    conditions on the use of all motor vehicle air conditioning 
    refrigerants. For the purposes of this rule, no distinction is made 
    between ``retrofit'' and ``drop-in'' refrigerants; retrofitting a car 
    to use a new refrigerant includes all procedures that result in the air 
    conditioning system using a new refrigerant. Please note that EPA only 
    reviews refrigerants based on environmental and health factors.
        When retrofitting a CFC-12 system to use any substitute 
    refrigerant, the following conditions must be met:
         Each refrigerant may only be used with a set of fittings 
    that is unique to that refrigerant. These fittings (male or female, as 
    appropriate) must be used with all containers of the refrigerant, on 
    can taps, on recovery, recycling, and charging equipment, and on all 
    air conditioning system service ports. These fittings must be designed 
    to mechanically prevent cross-charging with another refrigerant. A 
    refrigerant may only be used with the fittings and can taps 
    specifically intended for that refrigerant. Using an adapter or 
    deliberately modifying a fitting to use a different refrigerant will be 
    a violation of this use condition. In addition, fittings shall meet the 
    following criteria, derived from Society of Automotive Engineers (SAE) 
    standards and recommended practices:
    
    --When existing CFC-12 service ports are to be retrofitted, conversion 
    assemblies shall attach to the CFC-12 fitting with a thread lock 
    adhesive and/or a separate mechanical latching mechanism in a manner 
    that permanently prevents the assembly from being removed.
    --All conversion assemblies and new service ports must satisfy the 
    vibration testing requirements of sections 3.2.1 or 3.2.2 of SAE J1660, 
    as applicable, excluding references to SAE J639 and SAE J2064, which 
    are specific to HFC-134a.
    --In order to prevent discharge of refrigerant to the atmosphere, 
    systems shall have a device to limit compressor operation before the 
    pressure relief device will vent refrigerant. This requirement is 
    waived for systems that do not feature such a pressure relief device.
    --All CFC-12 service ports not retrofitted with conversion assemblies 
    shall be rendered permanently incompatible for use with CFC-12 related 
    service equipment by fitting with a device attached with a thread lock 
    adhesive and/or a separate mechanical latching mechanism in a manner 
    that prevents the device from being removed.
    
         When a retrofit is performed, a label must be used as 
    follows:
    
    --The person conducting the retrofit must apply a label to the air 
    conditioning system in the engine compartment that contains the 
    following information:
    
    *The name and address of the technician and the company performing the 
    retrofit
    *The date of the retrofit
    *The trade name, charge amount, and, when applicable, the ASHRAE 
    refrigerant numerical designation of the refrigerant
    *The type, manufacturer, and amount of lubricant used
    *If the refrigerant is or contains an ozone-depleting substance, the 
    phrase ``ozone depleter''
    *If the refrigerant displays flammability limits as measured according 
    to ASTM E681, the statement ``This refrigerant is FLAMMABLE. Take 
    appropriate precautions.''
    
    --This label must be large enough to be easily read and must be 
    permanent.
    --The background color must be unique to the refrigerant.
    --The label must be affixed to the system over information related to 
    the previous refrigerant, in a location not normally replaced during 
    vehicle repair.
    --Information on the previous refrigerant that cannot be covered by the 
    new label must be permanently rendered unreadable.
    
         No substitute refrigerant may be used to ``top-off'' a 
    system that uses another refrigerant. The original refrigerant must be 
    recovered in accordance with regulations issued under section 609 of 
    the CAA prior to charging with a substitute.
        Since these use conditions necessitate unique fittings and labels, 
    it will be necessary for developers of automotive refrigerants to 
    consult with EPA about the existence of other alternatives. Such
    
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    discussions will lower the risk of duplicating fittings already in use.
        No determination guarantees satisfactory performance from a 
    refrigerant. Consult the original equipment manufacturer or service 
    personnel for further information on using a refrigerant in a 
    particular system.
    (a) HCFC Blend Delta
        HCFC Blend Delta is acceptable as a substitute for CFC-12 in 
    retrofitted and new motor vehicle air conditioners, subject to the use 
    conditions applicable to motor vehicle air conditioning described 
    above. The composition of this blend has been claimed confidential by 
    the manufacturer. This blend contains at least one HCFC, and therefore 
    contributes to ozone depletion, but to a much lesser degree than CFC-
    12. Regulations regarding recycling and reclamation issued under 
    section 609 of the Clean Air Act apply to this blend. Its production 
    will be phased out according to the accelerated schedule (published 12/
    10/93, 58 FR 65018). The GWPs of the components are moderate to low. 
    This blend is nonflammable, and leak testing has demonstrated that the 
    blend never becomes flammable.
    (b) Blend Zeta
        Blend Zeta is acceptable as a substitute for CFC-12 in retrofitted 
    and new motor vehicle air conditioners, subject to the use conditions 
    applicable to motor vehicle air conditioning described above. The 
    composition of this blend has been claimed confidential by the 
    manufacturer. This blend does not contribute to ozone depletion. The 
    GWPS of the components are moderate to low. This blend is nonflammable, 
    and leak testing has demonstrated that the blend never becomes 
    flammable.
    
    B. Solvents
    
    1. Response to Comment
        In response to EPA's proposal, the Agency received public comment 
    stating that the scope of SNAP did not extend to setting workplace 
    standards for chemicals. The Agency disagrees with this comment, and it 
    discussed in the original SNAP rule-making (59 FR 13044, March 18, 
    1994) how it is using section 612 authority under the Clean Air Act to 
    set workplace standards as interim measures until OSHA has had an 
    opportunity to review and decide on the need for standards under OSHA 
    legislative authorities. The commenter suggested that EPA review with 
    OSHA its intention of setting these standards. The EPA has already 
    taken this step, and EPA and OSHA are in agreement about the ability 
    and the need for the SNAP program to set occupational standards as an 
    interim regulatory measure until the chemical in question has been 
    reviewed by OSHA. Further discussion of this issue is included under 
    the Fire Extinguishing section below.
    2. Acceptable Subject to Use Conditions
    a. Metals Cleaning
    (1) Monochlorotoluenes/Benzotrifluorides
        Monochlorotoluenes/benzotrifluorides are acceptable subject to use 
    conditions as substitutes for CFC-113 and MCF in metals cleaning. These 
    two classes of chemicals are being sold as blends for a variety of 
    cleaning applications. Of all the structures of commercial interest, 
    the only chemical with an Occupational Safety and Health Administration 
    (OSHA) standard is orthochlorotoluene, one of the monochlorotoluenes. 
    This substance has an OSHA Permissible Exposure Level (PEL) of 50 ppm. 
    Using this standard as a proxy, the Agency is setting a workplace 
    standard of 50 ppm for monochlorotoluenes as a group. None of the 
    benzotrifluorides has a PEL. Based on a toxicological study recently 
    completed by the company interested in commercialization of these 
    chemicals, the Agency is setting a workplace standard of 25 ppm for 
    benzotrifluorides. Companies intending to use monochlorotoluene/
    benzotrifluoride mixtures should take the inherent hazard of these 
    chemicals into account.
        These workplace standards are designed to protect worker safety 
    until the Occupational Safety and Health Administration (OSHA) sets its 
    own standards under P.L. 91-596. The existence of the EPA standards in 
    no way bars OSHA from standard-setting under OSHA authorities as 
    defined in P.L. 91-596.
    b. Electronics Cleaning
    (1) Monochlorotoluenes/Benzotrifluorides
        Monochlorotoluenes/benzotrifluorides are acceptable subject to use 
    conditions as substitutes for CFC-113 and MCF in electronics cleaning. 
    For the reasons described in the section on metals cleaning, the Agency 
    is setting a workplace standard of 50 ppm for monochlorotoluenes and 25 
    ppm for benzotrifluorides.
        These workplace standards are designed to protect worker safety 
    until the Occupational Safety and Health Administration (OSHA) sets its 
    own standards under P.L. 91-596. The existence of the EPA standards in 
    no way bars OSHA from standard-setting under OSHA authorities as 
    defined in P.L. 91-596.
    c. Precision Cleaning
    (1) Monochlorotoluenes/Benzotrifluorides
        Monochlorotoluenes/benzotrifluorides are acceptable subject to use 
    conditions as substitutes for CFC-113 and MCF in precision cleaning. 
    For the reasons described in the section on metals cleaning, the Agency 
    is setting a workplace standard of 50 ppm for monochlorotoluenes and 25 
    ppm for benzotrifluorides.
        These workplace standards are designed to protect worker safety 
    until the Occupational Safety and Health Administration (OSHA) sets its 
    own standards under P.L. 91-596. The existence of the EPA standards in 
    no way bars OSHA from standard-setting under OSHA authorities as 
    defined in P.L. 91-596.
    
    C. Fire Suppression and Explosion Protection
    
    1. Response to Comments
        Comment: One commenter stated that EPA's regulation of total 
    flooding agents is within the purview of OSHA, and that EPA should 
    defer to OSHA rather than create duplicative regulation. Further, the 
    commenter states that the conditions EPA has stipulated allowing 
    exposure to oxygen deficient atmospheres of 10% to 12% oxygen is 
    hazardous and inconsistent with OSHA's requirement for 19.5% oxygen in 
    confined spaces. The commenter further advised EPA that OSHA published 
    an update to its Respiratory Protection Standard (November 15, 1994, 59 
    FR 58906) which includes a chart indicating that oxygen concentrations 
    below 16% at sea level should require the extra precautions that go 
    with IDLH atmospheres (immediately dangerous to life and health). The 
    commenter also pointed out the OSHA regulations requiring predischarge 
    alarms. In summary, the commenter recommended (1) that EPA revise the 
    proposed rule to be consistent with current OSHA regulation, (2) that 
    EPA not establish a 12% ``no effect level'' or a 10% ``lowest effect 
    level,'' and (3) that EPA leave this regulatory activity to OSHA.
        Response: EPA would like to direct the commenter's attention to the 
    original SNAP rulemaking published March 18, 1994 (59 FR 13044), as 
    discussed in the Solvents section above. The Agency responded to many 
    comments questioning its authority to promulgate workplace safety
    
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    regulations. To quote earlier language from the Comment Response 
    document:
    
        In imposing conditions of use, EPA does not intend to preempt 
    other regulatory authorities, such as those exercised by the 
    Occupational Safety and Health Administration (OSHA) or other 
    government or industrial standard-setting bodies. Rather, EPA hopes 
    to fill existing regulatory gaps during the interim period of 
    substitution away from ozone-depleting compounds and provide the 
    needed margin of protection to human health and the environment 
    until other regulatory controls or standards are developed under 
    appropriate authorities.
        EPA anticipates applying use conditions only in the rare 
    instances where clear regulatory gaps exist, and where an 
    unreasonable risk would exist in the absence of any condition. These 
    limitations will only remain in place until the appropriate standard 
    setting agency acts. Once existing gaps are filled, EPA will rescind 
    any conditions which have become redundant. The mechanism for 
    informing the public of this change will be the quarterly Federal 
    Register notices updating the status of the SNAP lists.
    
        For the March 18, 1994 SNAP rulemaking, EPA had conducted an 
    analysis of existing regulation of low oxygen atmospheres and 
    determined that none relates to the use of a fixed gaseous system. 
    (Available from the EPA Air Docket A-91-42, IV-A-4. ``Evaluation of 
    Federal Regulations and Industry Guidelines Governing Minimum Oxygen 
    Levels in Work Areas Protected By Gaseous Total Flooding Fire 
    Protection Systems,'' Memo from ICF Incorporated to Karen Metchis, EPA, 
    1993.) OSHA had a number of inquiries concerning the definition of 
    ``oxygen deficient atmospheres'', but the definition remained unclear 
    with OSHA stating that any atmosphere containing less than 19.5 per 
    cent oxygen falls within the definition of ``oxygen deficient 
    atmosphere.'' However existing regulations concerned only such things 
    as entering tanks (Ventilation Standard, 29 CFR 1910.94), confined 
    spaces not intended for occupancy, etc. In addition, the proposed OSHA 
    Respiratory Standard cited by the commenter does not apply to fire 
    protection systems, except in situations where personnel wish to 
    reenter an area that has experienced a system discharge.
        The Agency views discharge of fire extinguishment systems as 
    emergency situations, whether they be accidental discharges or 
    discharges in response to a fire. In these cases, personnel are 
    expected to quickly egress from an area, presumably before discharge 
    occurs, but potentially very quickly after discharge. To prohibit use 
    of this technology for fear of emergency situations would be akin to 
    prohibiting the use of a particular chemical for fear of an accidental 
    spill. Both cases represent an emergency situation that should be 
    handled accordingly. Inert gas systems are not to be used while 
    personnel remain in an area to conduct normal duties.
        Current OSHA regulations (1910.162) allow use of halon in fixed 
    extinguishing systems in normally occupied areas in amounts that would 
    result in an oxygen deficient atmosphere. The same regulation allows 
    use of carbon dioxide systems in normally occupied areas even though 
    exposure to discharge of a CO2 system results in immediate death. 
    Thus, it is not inconsistent with current OSHA regulations to design 
    fire extinguishing systems that might result in low oxygen atmospheres 
    provided that certain protections are present.
        Comment: The manufacturer of one inert gas system commented that 
    EPA has erred in determining that inert gases without CO2 can be 
    used at the same levels and for the same exposure times as inert gases 
    with added CO2, and referenced a supporting document, 
    ``Physiological Effects of Abrupt Exposure to 10% O2 with 4% 
    CO2,'' dated February 15, 1995. Further, the commenter explained 
    why EPA's concern that added CO2 might cause an increased 
    inspiration of combustion products is not warranted, by elaborating on 
    three exposure scenarios to a fire agent: no-fire, small-fire, and 
    large-fire. The commenter pointed out that only in the case of a large 
    fire will high levels of combustion products exist and in that case the 
    risk of the fire greatly exceeds any incremental risk from the added 
    CO2.
        Response: While EPA generally agrees with the commenter's 
    elaboration of the scenarios of exposure, the question of the relative 
    importance of the effects of inert gases systems with and without added 
    CO2 in fire protection scenarios is the subject of a current peer 
    review on hypoxic atmospheres. Pending the outcome of that assessment, 
    EPA may re-propose use conditions on these agents either to increase 
    flexibility in the use of these agents and/or to differentiate the use 
    conditions applicable to systems with or without added CO2.
        Comment: One manufacturer of this agent stated that the most 
    recently published atmospheric information on CF3I indicates that 
    its atmospheric lifetime is less than one day, the ozone depletion 
    potential is less than 0.0008 and more likely below 0.0001, and its 
    global warming potential is less than five.
        The commenter further stated that, compared to Halon 1211, its 
    weight and volume equivalence are 0.94 and 0.83 respectively. Finally, 
    the commenter requested that CF3I not be referred to as Halon 
    13001, as this might confuse the public as to why ``halon'' was being 
    replaced by a ``halon.''
        In addition, the manufacturer provided the Agency with the report 
    entitled ``Exposure Assessment of Firefighters to Triodide during 
    Streaming Scenarios,'' conducted at Tyndall Air Force Base. The results 
    of personal monitoring indicated that exposure to this agent during use 
    indoors does not exceed its cardiotoxic effect levels.
        Response: The Agency agrees with the commenter and will use the 
    most recent information on atmospheric characteristics as well as 
    weight and volume equivalence, as noted by the commenter. In addition, 
    CF3I will not be labeled Halon 13001 in order to avoid general 
    confusion. Finally, the Agency is proceeding to list this agent as 
    acceptable for use as a streaming agent in nonresidential uses.
    2. Acceptable Subject to Use Conditions
        As was discussed in the March 18, 1994 SNAP rulemaking, EPA in some 
    cases finds acceptable the use of an agent only under certain 
    conditions. In implementing its use of conditions, the Agency has 
    sought to avoid overlap with other existing regulatory authorities. EPA 
    believes that section 612 clearly authorizes imposition of use 
    conditions to ensure safe use of replacement agents. EPA's mandate is 
    to list agents that ``reduce the overall risk to human health and the 
    environment'' for ``specific uses.''
        In light of this authorization, EPA is only intending to set 
    conditions for the safe use of halon substitutes in the workplace until 
    OSHA incorporates specific language addressing gaseous agents into OSHA 
    regulation. Under OSHA Public Law 91-596, section 4(b)(1), OSHA is 
    precluded from regulating an area currently being regulated by another 
    federal agency. EPA is specifically deferring to OSHA, and has no 
    intention to assume responsibility for regulating workplace safety 
    especially with respect to fire protection. EPA's workplace use 
    conditions will not bar OSHA from regulating under its P.L. 91-596 
    authority.
    a. Total Flooding Agents
    (1) IG-55 (Formerly [Inert Gas Blend] B)
        IG-55 is acceptable as a Halon 1301 substitute for total flooding
    
    [[Page 25590]]
    
    applications. IG-55, which is comprised of 50% nitrogen and 50% argon, 
    is designed to lower the oxygen level in a protected area to a level 
    that does not support combustion, and, unlike pure carbon dioxide 
    systems, sufficient oxygen remains to maintain life support.
        The toxicological issues of concern with inert gas systems differ 
    from those of halocarbon agents, in that the end-point for hypoxic (low 
    oxygen) atmospheres is asphyxiation while the end-point for halocarbons 
    is cardiac sensitization leading to cardiac arrhythmias. Thus, EPA 
    requested the manufacturers of the inert gas systems to conduct a peer 
    review by a panel of medical specialists to consider specific questions 
    concerning exposing the typical working population to this agent. In 
    addition, a panel of medical specialists convened by EPA to review all 
    inert gas systems concluded that the use conditions imposed by EPA are 
    conservative and adequate.
        The results of the peer reviews further convinces us that the SNAP 
    conditions previously listed for IG-541 are appropriate for IG-55 and 
    IG-01 as well. Specifically, while the terms No Observed Adverse Effect 
    Level (NOAEL) and Lowest Observed Adverse Effect Level (LOAEL) refer to 
    cardiotoxic effect levels which are not appropriate when discussing 
    hypoxic atmospheres, EPA is establishing a `no effect level' for inert 
    gas systems at 12% oxygen, and a `lowest effect level' at 10% oxygen.
        Thus, consistent with the Occupational Safety and Health 
    Administration (OSHA) conditions used by EPA for all total flooding 
    agents, EPA is specifying that an IG-55 system could be designed to an 
    oxygen level of 10% if employees can egress the area within one minute, 
    but may be designed only to the 12% level if it takes longer than one 
    minute to egress the area. If the possibility exists for the oxygen to 
    drop below 10%, employees must be evacuated prior to such oxygen 
    depletion. A design concentration of less than 10% oxygen may only be 
    used in normally unoccupied areas, as long as any employee who could 
    possibly be exposed can egress within 30 seconds.
        EPA stresses that, even though the medical specialists concur that 
    it is probably safe to expose the typical worker to 10% or 12% oxygen 
    for up to five minutes, EPA does not encourage any employee to 
    intentionally remain in the area, even in the event of accidental 
    discharge. In addition, the system must include alarms and warning 
    mechanisms as specified by OSHA.
        EPA intends that all personnel be evacuated from an area prior to, 
    or quickly after, discharge. An inert gas system may not be designed 
    with the intention of personnel remaining in the area unless 
    appropriate protection is provided, such as self-contained breathing 
    apparatus.
    (2) IG-01 (Formerly [Inert Gas Blend] C)
        IG-01 is acceptable as a Halon 1301 substitute for total flooding 
    applications. IG-01 is comprised 100% of argon, and as with IG-55, is 
    designed to lower the oxygen level in a protected area to a level that 
    does not support combustion, while maintaining sufficient oxygen for 
    life support.
        As with IG-55, an IG-01 system may be designed to an oxygen level 
    of 10% if employees can egress the area within one minute, but may be 
    designed only to the 12% level if it takes longer than one minute to 
    egress the area. If the possibility exists for the oxygen to drop below 
    10%, employees must be evacuated prior to such oxygen depletion. A 
    design concentration of less than 10% may only be used in normally 
    unoccupied areas, as long as any employee who could possibly be exposed 
    can egress within 30 seconds.
        EPA stresses that, even though the medical specialists concur that 
    it is probably safe to expose the typical worker to 10% or 12% oxygen 
    for up to five minutes, EPA does not encourage any employee to 
    intentionally remain in the area, even in the event of accidental 
    discharge. In addition, the system must include alarms and warning 
    mechanisms as specified by OSHA.
        Please refer to the discussion of IG-55 for a fuller description of 
    inert gas systems.
    3. Acceptable Subject to Narrowed Use Limits
    (a) Streaming Agents
    (1) CF3I
        CF3I is acceptable as a Halon 1211 substitute in 
    nonresidential applications. CF3I is a fluoroiodocarbon with an 
    atmospheric lifetime of less than one day due to its rapid photolysis 
    in the presence of light. Due to its short atmospheric lifetime of one 
    day and its photolytic decomposition mechanism, the resulting GWP of 
    this agent is less than 5, while its ODP when released at ground level 
    is 0.0008 and more likely below.
        CF3I has a weight and volume equivalence to Halon 1211 of 0.94 
    and 0.83, respectively. While it is potentially a `drop-in' replacement 
    for Halon 1211, with some modifications in elastomers or other system 
    materials, there exists a question as to whether current technical 
    standards allow the reuse of halon 1211 canisters for other chemicals. 
    Both the National Fire Protection Association (NFPA) standard and UL 
    listings should be examined in this context.
        Cardiac sensitization data received by the Agency indicate that 
    CF3I has a NOAEL of 0.2 per cent and a LOAEL of 0.4 per cent. 
    Personal monitoring for this agent was conducted using 2\1/2\ to 13 
    pound extinguishers in various indoor applications. The resulting data 
    indicate that cardiotoxic levels are not likely to be exceeded when 
    used as a streaming agent. While the tests were conducted in different 
    scenarios both with and without ventilation, EPA recommends that this 
    agent be used in well ventilated areas. Because of the low cardiac 
    sensitization values, EPA is prohibiting use of this agent in consumer 
    residential applications where the possibility exists of incorrect use 
    by untrained users.
    
    D. Aerosols
    
    1. Response to Comment
        As discussed in the section on solvent cleaning, EPA received a 
    comment stating that it did not have authority under SNAP to set 
    workplace standards. For the reasons described above, the Agency 
    disagrees with this comment.
    2. Acceptable Subject to Use Conditions
    a. Solvents
    (1) Monochlorotoluenes/Benzotrifluorides
        Monochlorotoluenes/benzotrifluorides are acceptable subject to use 
    conditions as substitutes for CFC-113 and MCF as aerosol solvents. 
    These two classes of chemicals are being sold as blends for aerosol 
    applications. Of all the structures of commercial interest, the only 
    chemical with an Occupational Safety and Health Administration (OSHA) 
    standard is orthochlorotoluene, one of the monochlorotoluenes. This 
    substance has an OSHA Permissible Exposure Level (PEL) of 50 ppm. Using 
    this standard as a proxy, the Agency is setting a workplace standard of 
    50 ppm for monochlorotoluenes as a group. None of the benzotrifluorides 
    has a PEL. Based on a toxicological study recently completed by the 
    company interested in commercialization of these chemicals, the Agency 
    is setting a workplace standard of 25 ppm for benzotrifluorides. 
    Companies intending to use monochlorotoluene/benzotrifluoride mixtures 
    should take the inherent hazard of these chemicals into account in 
    implementing applications.
        These workplace standards are designed to protect worker safety 
    until the Occupational Safety and Health Administration (OSHA) sets its 
    own
    
    [[Page 25591]]
    
    standards under P.L. 91-596. The existence of the EPA standards in no 
    way bars OSHA from standard-setting under OSHA authorities as defined 
    in P.L. 91-596.
    
    E. Adhesives, Coatings and Inks
    
    1. Response to Comment
        As discussed in the section on solvent cleaning, EPA received a 
    comment stating that it did not have authority under SNAP to set 
    workplace standards. For the reasons described above, the Agency 
    disagrees with this comment.
    2. Acceptable Subject to Use Conditions
    a. Monochlorotoluenes/Benzotrifluorides
        Monochlorotoluenes/benzotrifluorides are acceptable subject to use 
    conditions as substitutes for CFC-113 and MCF in adhesives, coatings, 
    and inks. These two classes of chemicals are being sold as blends for 
    these applications. Of all the substances of commercial interest, the 
    only chemical with an Occupational Safety and Health Administration 
    (OSHA) standard is orthochlorotoluene, one of the monochlorotoluenes. 
    This substance has an OSHA Permissible Exposure Level (PEL) of 50 ppm. 
    Using this standard as a proxy, the Agency is setting a workplace 
    standard of 50 ppm for monochlorotoluenes as a group. None of the 
    benzotrifluorides has a PEL. Based on a toxicological study recently 
    completed by the company interested in commercialization of these 
    chemicals, the Agency is setting a workplace standard of 25 ppm for 
    benzotrifluorides. Companies intending to use monochlorotoluene/
    benzotrifluoride mixtures should take the inherent toxicity of these 
    chemicals into account in implementing applications.
        These workplace standards are designed to protect worker safety 
    until the Occupational Safety and Health Administration (OSHA) sets its 
    own standards under P.L. 91-596. The existence of the EPA standards in 
    no way bars OSHA from standard-setting under OSHA authorities as 
    defined in P.L. 91-596.
    
    IV. Administrative Requirements
    
    A. Executive Order 12866
    
        Under Executive Order 12866, (58 FR 51735; October 4, 1993) the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to OMB review and the requirements of the 
    Executive Order. The Order defines ``significant regulatory action'' as 
    one that is likely to result in a rule that may: (1) have an annual 
    effect on the economy of $100 million or more or adversely affect in a 
    material way the economy, a sector of the economy, productivity, 
    competition, jobs, the environment, public health or safety, or State, 
    local, or tribal governments or communities; (2) create a serious 
    inconsistency or otherwise interfere with an action taken or planned by 
    another agency; (3) materially alter the budgetary impact of 
    entitlement, grants, user fees, or loan programs or the rights and 
    obligations of recipients thereof; or (4) raise novel legal or policy 
    issues arising out of legal mandates, the President's priorities, or 
    the principles set forth in the Executive Order.
        Pursuant to the terms of Executive Order 12866, OMB notified EPA 
    that it considers this a ``significant regulatory action'' within the 
    meaning of the Executive Order and EPA submitted this action to OMB for 
    review. Changes made in response to OMB suggestions or recommendations 
    have been documented in the public record.
    
    B. Unfunded Mandates Act
    
        Section 202 of the Unfunded Mandates Reform Act of 1995 requires 
    EPA to prepare a budgetary impact statement before promulgating a rule 
    that includes a Federal mandate that may result in expenditure by 
    state, local, and tribal governments, in aggregate, or by the private 
    sector, of $100 million or more in any one year. Section 203 requires 
    the Agency to establish a plan for obtaining input from and informing 
    any small governments that may be significantly or uniquely affected by 
    the rule. Section 205 requires that regulatory alternatives be 
    considered before promulgating a rule for which a budgetary impact 
    statement is prepared. The Agency must select the least costly, most 
    cost-effective, or least burdensome alternative that achieves the 
    rule's objectives, unless there is an explanation why this alternative 
    is not selected or this alternative is inconsistent with law.
        Because this final rule is estimated to result in the expenditure 
    by State, local, and tribal governments or the private sector of less 
    than $100 million in any one year, the Agency has not prepared a 
    budgetary impact statement or specifically addressed the selection of 
    the least costly, most cost-effective, or least burdensome alternative. 
    Because small governments will not be significantly or uniquely 
    affected by this rule, the Agency is not required to develop a plan 
    with regard to small governments. However, the rule has the net effect 
    of reducing burden from part 82, Stratospheric Protection regulations, 
    on regulated entities.
    
    C. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 604(a), applies to any 
    rulemaking that is subject to public notice and comment requirements. 
    The Act requires that a regulatory flexibility analysis be performed or 
    the head of the Agency certifies that a rule will not have a 
    significant economic effect on a substantial number of small entities, 
    pursuant to 5 U.S.C. 605(b).
        The Agency believes that this final rule will not have a 
    significant effect on a substantial number of small entities and has 
    therefore concluded that a formal RFA is unnecessary. Because costs of 
    the SNAP requirements as a whole are expected to be minor, the rule is 
    unlikely to adversely affect businesses, particularly as the rule 
    exempts small sectors and end-uses from reporting requirements and 
    formal agency review. In fact, to the extent that information gathering 
    is more expensive and time-consuming for small companies, this rule may 
    well provide benefits for small businesses anxious to examine potential 
    substitutes to any ozone-depleting class I and class II substances they 
    may be using, by requiring manufacturers to make information on such 
    substitutes available.
    
    D. Paperwork Reduction Act
    
        The information collection requirements in this rule will be 
    submitted for approval to the Office of Management and Budget (OMB) 
    under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
    Information Collection Request (ICR) document will be prepared by EPA 
    and a copy will be available from Sandy Farmer, OPPE Regulatory 
    Information Division; U.S. Environmental Protection Agency (2136); 401 
    M St., S.W.; Washington, DC 20460 or by calling (202) 260-2740. The 
    information requirements are not effective until OMB approves them. The 
    reasons for these information requirements are explained in the section 
    on automobile air conditioning (III.A.2.a), and will be mandatory once 
    the ICR is approved under section 612 of the Clean Air Act.
        EPA estimates that, over a 5 year period, approximately 30 million 
    cars will be retrofitted with alternative refrigerants, and that the 
    burden to complete and apply a label will not exceed 5 minutes per car. 
    Burden means the total time, effort, or financial resources expended by 
    persons to generate, maintain, retain, or disclose or provide 
    information to or for a Federal agency. This includes the time needed 
    to review instructions; develop, acquire,
    
    [[Page 25592]]
    
    install, and utilize technology and systems for the purposes of 
    collecting, validating, and verifying information, processing and 
    maintaining information, and disclosing and providing information; 
    adjust the existing ways to comply with any previously applicable 
    instructions and requirements; train personnel to be able to respond to 
    a collection of information; search data sources; complete and review 
    the collection of information; and transmit or otherwise disclose the 
    information.
        An Agency may not conduct or sponsor, and a person is not required 
    to respond to a collection of information unless it displays a 
    currently valid OMB control number. The OMB control numbers for EPA's 
    regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    
    V. Additional Information
    
        For copies of the comprehensive SNAP lists or additional 
    information on SNAP 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. (EST).
        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. Notices and rulemaking under the SNAP program 
    can also be retrieved electronically from EPA's Protection of 
    Stratospheric Ozone Technology Transfer Network (TTN), Clean Air Act 
    Amendment Bulletin Board. The access number for users with a 1200 or 
    2400 bps modem is (919) 541-5742. For users with a 9600 bps modem the 
    access number is (919) 541-1447. For assistance in accessing this 
    service, call (919) 541-5384 during normal business hours (EST). 
    Finally, all ozone depletion-related NPRMS, FRMs, and Notices may be 
    retrieved from EPA's Ozone Depletion World Wide Web site, at http://
    www.epa.gov/docs/ozone/title6/usregs.html.
    
    List of Subjects in 40 CFR Part 82
    
        Environmental protection, Administrative practice and procedure, 
    Air pollution control, Reporting and recordkeeping requirements.
    
        Dated: May 13, 1996.
    Carol M. Browner,
    Administrator.
    
        For the reasons set out in the preamble, 40 CFR part 82 is amended 
    as follows:
    
    PART 82--PROTECTION OF STRATOSPHERIC OZONE
    
        1. The authority citation for part 82 continues to read as follows:
    
        Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
    
        2. Section 82.180 is amended by revising paragraph (a)(8)(ii) to 
    read as follows:
    
    
    Sec. 82.180  Agency review of SNAP submissions.
    
        (a) * * *
        (8) * * *
        (ii) Communication of Decision to the Public. The Agency will 
    publish in the Federal Register on a quarterly basis a complete list of 
    the acceptable and unacceptable alternatives that have been reviewed to 
    date. In the case of substitutes proposed as acceptable with use 
    restrictions, proposed as unacceptable or proposed for removal from 
    either list, a rulemaking process will ensue. Upon completion of such 
    rulemaking, EPA will publish revised lists of substitutes acceptable 
    subject to use conditions or narrowed use limits and unacceptable 
    substitutes to be incorporated into the Code of Federal Regulations. 
    (See Appendices to this subpart.)
    * * * * *
        3. Subpart G is amended by adding Appendix C to read as follows:
    
    Subpart G--Significant New Alternatives Policy Program
    
    * * * * *
    
    Appendix C to Subpart G--Substitutes Subject to Use Restrictions 
    and Unacceptable Substitutes Listed in the May 22, 1996 Final Rule, 
    Effective June 21, 1996
    
    Refrigeration and Air Conditioning Sector-- Acceptable Subject to Use 
    Conditions
    
        HCFC Blend Delta and Blend Zeta are acceptable subject to the 
    following conditions when used to retrofit a CFC-12 motor vehicle 
    air conditioning system:
        1. Each refrigerant may only be used with a set of fittings that 
    is unique to that refrigerant. These fittings (male or female, as 
    appropriate) must be used with all containers of the refrigerant, on 
    can taps, on recovery, recycling, and charging equipment, and on all 
    air conditioning system service ports. These fittings must be 
    designed to mechanically prevent cross-charging with another 
    refrigerant. A refrigerant may only be used with the fittings and 
    can taps specifically intended for that refrigerant. Using an 
    adapter or deliberately modifying a fitting to use a different 
    refrigerant will be a violation of this use condition. In addition, 
    fittings shall meet the following criteria, derived from Society of 
    Automotive Engineers (SAE) standards and recommended practices:
        a. When existing CFC-12 service ports are to be retrofitted, 
    conversion assemblies shall attach to the CFC-12 fitting with a 
    thread lock adhesive and/or a separate mechanical latching mechanism 
    in a manner that permanently prevents the assembly from being 
    removed.
        b. All conversion assemblies and new service ports must satisfy 
    the vibration testing requirements of sections 3.2.1 or 3.2.2 of SAE 
    J1660, as applicable, excluding references to SAE J639 and SAE 
    J2064, which are specific to HFC-134a.
        c. In order to prevent discharge of refrigerant to the 
    atmosphere, systems shall have a device to limit compressor 
    operation before the pressure relief device will vent refrigerant. 
    This requirement is waived for systems that do not feature such a 
    pressure relief device.
        d. All CFC-12 service ports not retrofitted with conversion 
    assemblies shall be rendered permanently incompatible for use with 
    CFC-12 related service equipment by fitting with a device attached 
    with a thread lock adhesive and/or a separate mechanical latching 
    mechanism in a manner that prevents the device from being removed.
        2. When a retrofit is performed, a label must be used as 
    follows:
        a. The person conducting the retrofit must apply a label to the 
    air conditioning system in the engine compartment that contains the 
    following information:
        i. The name and address of the technician and the company 
    performing the retrofit.
        ii. The date of the retrofit.
        iii. The trade name, charge amount, and, when applicable, the 
    ASHRAE refrigerant numerical designation of the refrigerant.
        iv. The type, manufacturer, and amount of lubricant used.
        v. If the refrigerant is or contains an ozone-depleting 
    substance, the phrase ``ozone depleter.''
        vi. If the refrigerant displays flammability limits as measured 
    according to ASTM E681, the statement ``This refrigerant is 
    FLAMMABLE. Take appropriate precautions.''
        b. This label must be large enough to be easily read and must be 
    permanent.
        c. The background color must be unique to the refrigerant.
        d. The label must be affixed to the system over information 
    related to the previous refrigerant, in a location not normally 
    replaced during vehicle repair.
        e. Information on the previous refrigerant that cannot be 
    covered by the new label must be permanently rendered unreadable.
        3. No substitute refrigerant may be used to ``top-off'' a system 
    that uses another refrigerant. The original refrigerant must be 
    recovered in accordance with regulations issued under section 609 of 
    the CAA prior to charging with a substitute.
    
    [[Page 25593]]
    
    
    
                   Solvent Cleaning Sector--Proposed Acceptable Subject to Use Conditions Substitutes               
    ----------------------------------------------------------------------------------------------------------------
             Application              Substitute          Decision            Conditions              Comments      
    ----------------------------------------------------------------------------------------------------------------
    Metals Cleaning with CFC-113,  Monochlorotoluen  Acceptable.......  Subject to a 50 ppm    The workplace        
     MCF and HCFC-141b.             es and                               workplace standard     standard for        
                                    benzotrifluorid                      for                    monochlorotoluenes  
                                    es.                                  monochlorotoluenes     is based on an OSHA 
                                                                         and a 25 ppm           PEL of 50 ppm for   
                                                                         standard for           orthochlorotoluene. 
                                                                         benzotrifluorides.     The workplace       
                                                                                                standard for        
                                                                                                benzotrifluorides is
                                                                                                based on a recent   
                                                                                                toxicology study.   
    Electronics Cleaning w/ CFC-   Monochlorotoluen  Acceptable.......  Subject to a 50 ppm    The workplace        
     113, MCF and HCFC-141b.        es and                               workplace standard     standard for        
                                    benzotrifluorid                      for                    monochlorotoluenes  
                                    es.                                  monochlorotoluenes     is based on an OSHA 
                                                                         and a 25 ppm           PEL of 50 ppm for   
                                                                         standard for           orthochlorotoluene. 
                                                                         benzotrifluorides.     The workplace       
                                                                                                standard for        
                                                                                                benzotrifluorides is
                                                                                                based on a recent   
                                                                                                toxicology study.   
    Precision Cleaning w/ CFC-     Monochlorotoluen  Acceptable.......  Subject to a 50 ppm    The workplace        
     113, MCF and HCFC-141b.        es and                               workplace standard     standard for        
                                    benzotrifluorid                      for                    monochlorotoluenes  
                                    es.                                  monochlorotoluenes     is based on an OSHA 
                                                                         and a 25 ppm           PEL of 50 ppm for   
                                                                         standard for           orthochlorotoluene. 
                                                                         benzotrifluorides.     The workplace       
                                                                                                standard for        
                                                                                                benzotrifluorides is
                                                                                                based on a recent   
                                                                                                toxicology study.   
    ----------------------------------------------------------------------------------------------------------------
    
    
         Fire Suppression and Explosion Protection--Acceptable Subject to Use Conditions: Total Flooding Agents     
    ----------------------------------------------------------------------------------------------------------------
             Application              Substitute          Decision            Conditions              Comments      
    ----------------------------------------------------------------------------------------------------------------
    Halon 1301...................  IG-55 (formerly   Acceptable.......  Until OSHA             The Agency does not  
                                    [Inert Gas                           establishes            contemplate         
                                    Blend] B).                           applicable workplace   personnel remaining 
                                                                         requirements:          in the space after  
                                                                                                system discharge    
                                                                                                during a fire       
                                                                                                without Self        
                                                                                                Contained Breathing 
                                                                                                Apparatus (SCBA) as 
                                                                                                required by OSHA.   
    Total Flooding Agents........  ................  .................  IG-55 systems may be                        
                                                                         designed to an                             
                                                                         oxygen level of 10%                        
                                                                         if employees can                           
                                                                         egress the area                            
                                                                         within one minute,                         
                                                                         but may be designed                        
                                                                         only to the 12%                            
                                                                         oxygen level if it                         
                                                                         takes longer than                          
                                                                         one minute to egress                       
                                                                         the area.                                  
                                                                        If the possibility     EPA does not         
                                                                         exists for the         encourage any       
                                                                         oxygen to drop below   employee to         
                                                                         10%, employees must    intentionally remain
                                                                         be evacuated prior     in the area after   
                                                                         to such oxygen         system discharge,   
                                                                         depletion.             even in the event of
                                                                                                accidental          
                                                                                                discharge. In       
                                                                                                addition, the system
                                                                                                must include alarms 
                                                                                                and warning         
                                                                                                mechanisms as       
                                                                                                specified by OSHA.  
                                                                        A design               See additional       
                                                                         concentration of       comments 1, 2.      
                                                                         less than 10% may                          
                                                                         only be used in                            
                                                                         normally unoccupied                        
                                                                         areas, as long as                          
                                                                         any employee who                           
                                                                         could possibly be                          
                                                                         exposed can egress                         
                                                                         within 30 seconds.                         
                                   IG-01 (formerly   Acceptable.......  Until OSHA             The Agency does not  
                                    [Inert Gas                           establishes            contemplate         
                                    Blend] C).                           applicable workplace   personnel remaining 
                                                                         requirements:          in the space after  
                                                                                                system discharge    
                                                                                                during a fire       
                                                                                                without Self        
                                                                                                Contained Breathing 
                                                                                                Apparatus (SCBA) as 
                                                                                                required by OSHA.   
                                                                        IG-01 systems may be                        
                                                                         designed to an                             
                                                                         oxygen level of 10%                        
                                                                         if employees can                           
                                                                         egress the area                            
                                                                         within one minute,                         
                                                                         but may be designed                        
                                                                         only to the 12%                            
                                                                         oxygen level if it                         
                                                                         takes longer than                          
                                                                         one minute to egress                       
                                                                         the area.                                  
                                                                        If the possibility     EPA does not         
                                                                         exists for the         encourage any       
                                                                         oxygen to drop below   employee to         
                                                                         10%, employees must    intentionally remain
                                                                         be evacuated prior     in the area after   
                                                                         to such oxygen         system discharge,   
                                                                         depletion.             even in the event of
                                                                                                accidental          
                                                                                                discharge. In       
                                                                                                addition, the system
                                                                                                must include alarms 
                                                                                                and warning         
                                                                                                mechanisms as       
                                                                                                specified by OSHA.  
    
    [[Page 25594]]
    
                                                                                                                    
                                                                        A design               See additional       
                                                                         concentration of       comments 1, 2.      
                                                                         less than 10% may                          
                                                                         only be used in                            
                                                                         normally unoccupied                        
                                                                         areas, as long as                          
                                                                         any employee who                           
                                                                         could possibly be                          
                                                                         exposed can egress                         
                                                                         within 30 seconds.                         
    ----------------------------------------------------------------------------------------------------------------
    1--Must conform with OSHA 29 CFR 1910 Subpart L Section 1910.160 of the U.S. Code.                              
    2--Per OSHA requirements, protective gear (SCBA) must be available in the event personnel must reenter the area.
    
    
    
                               Acceptable Subject to Narrowed Use Limits: Streaming Agents                          
    ----------------------------------------------------------------------------------------------------------------
              Application                 Substitute              Decision                      Comments            
    ----------------------------------------------------------------------------------------------------------------
    Halon 1211.....................  CF3I...............  Acceptable in non-                                        
                                                           residential uses only.                                   
    Streaming Agents                                                                                                
    ----------------------------------------------------------------------------------------------------------------
    
    
                           Aerosols--Proposed Acceptable Subject to Use Conditions Substitutes                      
    ----------------------------------------------------------------------------------------------------------------
             Application              Substitute          Decision            Conditions              Comments      
    ----------------------------------------------------------------------------------------------------------------
    CFC-113, MCF and HCFC-141b as  Monochlorotoluen  Acceptable.......  Subject to a 50 ppm    The workplace        
     solvent.                       es and                               workplace standard     standard for        
                                    benzotrifluo-                        for                    monochlorotoluenes  
                                    rides.                               monochlorotoluenes     is based on an OSHA 
                                                                         and a 25 ppm           PEL of 50 ppm for   
                                                                         standard for           orthochlorotoluene. 
                                                                         benzotrifluorides.     The workplace       
                                                                                                standard for        
                                                                                                benzotrifluorides is
                                                                                                based on a recent   
                                                                                                toxicology study.   
    ----------------------------------------------------------------------------------------------------------------
    
    
                 Adhesives, Coatings and Inks--Proposed Acceptable Subject to Use Conditions Substitutes            
    ----------------------------------------------------------------------------------------------------------------
             Application              Substitute          Decision            Conditions              Comments      
    ----------------------------------------------------------------------------------------------------------------
    CFC-113, MCF and HCFC-141b...  Monochlorotoluen  Acceptable.......  Subject to a 50 ppm    The workplace        
                                    es and                               workplace standard     standard for        
                                    benzotrifluo-                        for                    monochlorotoluenes  
                                    rides.                               monochlorotoluenes     is based on an OSHA 
                                                                         and a 25 ppm           PEL of 50 ppm for   
                                                                         standard for           orthochlorotoluene. 
                                                                         benzotrifluorides.     The workplace       
                                                                                                standard for        
                                                                                                benzotrifluorides is
                                                                                                based on a recent   
                                                                                                toxicology study.   
    ----------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 96-12625 Filed 5-21-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
6/21/1996
Published:
05/22/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-12625
Dates:
Effective date June 21, 1996.
Pages:
25585-25594 (10 pages)
Docket Numbers:
FRL-5467-1
RINs:
2060-AG12: Prot. of Strat. Ozone: Update of the Substitutes List Under (SNAP) Program
RIN Links:
https://www.federalregister.gov/regulations/2060-AG12/prot-of-strat-ozone-update-of-the-substitutes-list-under-snap-program
PDF File:
96-12625.pdf
CFR: (1)
40 CFR 82.180