94-23678. Protection of Stratospheric Ozone; Proposed Rule  

  • [Federal Register Volume 59, Number 185 (Monday, September 26, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-23678]
    
    
    [[Page Unknown]]
    
    [Federal Register: September 26, 1994]
    
    
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    Part II
    
    
    
    
    
    Environmental Protection Agency
    
    
    
    
    
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    40 CFR Parts 9 and 82
    
    
    
    
    Protection of Stratospheric Ozone; Proposed Rule
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Parts 9 and 82
    
    [FRL-5078-4]
    
     
    Protection of Stratospheric Ozone
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This action proposes 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, and issued decisions on 
    the acceptability and unacceptability of a number substitutes. In this 
    notice of proposed rulemaking (NPRM), 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.
        Today's action proposes new additions to the list of controlled or 
    prohibited substitutes. As described in the final rule for the SNAP 
    program, EPA does believe that notice-and-comment rulemaking is 
    required to place any alternative on the list of prohibited 
    substitutes, to list an alternative as acceptable only under certain 
    use conditions or certain narrow end-use applications.
        EPA does not, however, 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 is adding substitutes to 
    the list of acceptable alternatives without first requesting comment on 
    new listings. Updates to the acceptable lists are published as separate 
    notices in the Federal Register. A comprehensive compilation of all 
    listings will be published annually.
    
    DATES: Written comments or data provided in response to this document 
    must be submitted by November 10, 1994.
    
    ADDRESSES: Written comments and data should be sent to 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. As provided in 40 CFC part 2, a reasonable fee may be charged for 
    photocopying. To expedite review, a second copy of the comments should 
    be sent to Sally Rand, Stratospheric Protection Division, Office of 
    Atmospheric Programs, U.S. EPA, 401 M Street SW., 6205-J, Washington, 
    DC 20460. Information designated as Confidential Business Information 
    (CBI) under 40 CFR, part 2 subpart B must be sent directly to the 
    contact person for this notice. However, the Agency is requesting that 
    all respondents submit a non-confidential version of their comments to 
    the docket as well.
    
    FOR FURTHER INFORMATION CONTACT: Sally Rand at (202) 233-9739 or fax 
    (202) 233-9577, Substitutes Analysis and Review Branch, Stratospheric 
    Protection Division, Office of Atmospheric Programs, Office of Air and 
    Radiation, Washington, DC.
    
    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. Proposed Listing of Substitutes
    IV. Administrative Requirements
    V. Additional Information
    
    Appendix A: Summary of Proposed 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 6 months.
        90-day Notification--Section 612(e) requires EPA to require any 
    person who produces a chemical substitute for a class I substance to 
    notify the Agency not less than 90 days before new or existing 
    chemicals are introduced into interstate commerce for significant new 
    uses as substitutes for a class I substance. The producer must also 
    provide the Agency with the producer's unpublished health and safety 
    studies on such substitutes.
        Outreach--Section 612(b)(1) states that the Administrator shall 
    seek to maximize the use of federal research facilities and resources 
    to assist users of class I and II substances in identifying and 
    developing alternatives to the use of such substances in key commercial 
    applications.
        Clearinghouse--Section 612(b)(4) requires the Agency to set up a 
    public clearinghouse of alternative chemicals, product substitutes, and 
    alternative manufacturing processes that are available for products and 
    manufacturing processes which use class I and II substances.
    
    B. Regulatory History
    
        On March 18, 1994, EPA published the Final Rulemaking (FRM) (59 FR 
    13044) which described the process for administering the SNAP program 
    and issued EPA's first acceptability lists for substitutes in the major 
    industrial use sectors. These sectors include: refrigeration and air 
    conditioning; foam blowing; solvent cleaning; fire suppression and 
    explosion protection; sterilants; aerosols; adhesives, coatings and 
    inks; and tobacco expansion. These sectors 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. Proposed 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 with no 
    limits 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 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 Notice of Proposed Rulemaking (NPRM), EPA is issuing its 
    preliminary decision on the acceptability of certain substitutes not 
    previously reviewed by the Agency. As described in the final rule for 
    the SNAP program (59 FR 13044), 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 is adding 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 E. below present a detailed discussion of the 
    substitute listing determinations by major use sector. Tables 
    summarizing listing decisions in this Notice of Proposed Rulemaking are 
    in Appendix A. The comments contained in Appendix A 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 use of these substitutes. In many instances, the 
    comments simply allude to sound operating practices that have already 
    been identified in existing industry and/or building-code standards. 
    Thus, many of the comments, if adopted, would not require significant 
    changes in existing operating practices for the affected industry.
    
    A. Refrigeration and Air Conditioning
    
    1. Overview
        The refrigeration and air conditioning sector includes all uses of 
    class I and class II substances to produce cooling, including 
    mechanical and non-mechanical refrigeration, air conditioning, and heat 
    transfer. Please refer to the final SNAP rule (59 FR 13044) for a more 
    detailed description of this sector.
        The refrigeration and air conditioning sector is divided into the 
    following end-uses:
         commercial comfort air conditioning;
         industrial process refrigeration system;
         industrial process air conditioning;
         ice skating rinks;
         uranium isotope separation processing;
         cold storage warehouses;
         refrigerated transport;
         retail food refrigeration;
         vending machines;
         water coolers;
         commercial ice machines;
         household refrigerators;
         household freezers;
         residential dehumidifiers;
         motor vehicle air conditioning;
         residential air conditioning and heat pumps;
         non-mechanical heat transfer; and
         very low temperature refrigeration.
        In addition, each end-use is divided into retrofit and new 
    equipment applications. EPA has not necessarily reviewed substitutes in 
    every end-use for this NPRM.
        EPA has modified the list of end-uses for this sector for this SNAP 
    update. First, EPA has changed the name of the heat transfer end-use to 
    non-mechanical heat transfer. This change is intended to avoid 
    confusion between systems that move heat from a cool area to a warm one 
    (mechanical refrigeration) and systems that simply aid the movement of 
    heat away from warm areas (non-mechanical heat transfer). The second 
    change is that EPA added a new end-use, very low temperature 
    refrigeration. Substitutes for this end-use have been reviewed since 
    the final rule, and therefore have been added for this SNAP update. 
    Finally, EPA has also reviewed substitutes for CFC-13, R-13B1, and R-
    503 industrial process refrigeration. Please refer to the final SNAP 
    rule (59 FR 13044) for a detailed description of end-uses other than 
    these three. EPA may continue to add other end-uses in future SNAP 
    updates.
        a. Non-mechanical Heat Transfer. As discussed above, this end-use 
    includes all cooling systems that rely on a fluid to remove heat from a 
    heat source to a cooler area, rather than relying on mechanical 
    refrigeration to move heat from a cool area to a warm one. Generally, 
    there are two types of systems: systems with fluid pumps, referred to 
    as recirculating coolers, and those that rely on natural convection 
    currents, known as thermosyphons.
        b. Very Low Temperature Refrigeration. Medical freezers, freeze-
    dryers, and other small appliances require extremely reliable 
    refrigeration cycles. These systems must meet stringent technical 
    standards that do not normally apply to refrigeration systems. They 
    usually have very small charges. Because they operate at very high 
    vapor pressures, and because performance is critically affected by any 
    charge loss, standard maintenance for these systems tends to reduce 
    leakage to a level considerably below that for other types of 
    refrigeration and air conditioning equipment.
        c. CFC-13, R-13B1, and R-503 Industrial Process Refrigeration. This 
    end-use differs from other types of industrial refrigeration only in 
    the extremely low temperature regimes that are required. Although some 
    substitutes may work in both these extremely low temperatures and in 
    systems designed to use R-502, they are acceptable only for this end-
    use because of global warming and atmospheric lifetime concerns. These 
    concerns are discussed more fully below.
    2. Substitutes for Refrigerants
        Substitutes fall into eight broad categories. Seven of these 
    categories are chemical substitutes used in the same vapor compression 
    cycle as the ozone-depleting substances being replaced. They include 
    hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs), 
    hydrocarbons, refrigerant blends, ammonia, perfluorocarbons (PFCs), and 
    chlorine systems. The eighth category includes alternative technologies 
    that generally do not rely on vapor compression cycles. Please refer to 
    the final SNAP rule (59 FR 13044) for more discussion of these broad 
    categories.
        a. Acceptable Subject to Use Conditions. (1) 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 proposing 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.
        In particular, 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 shall be retrofitted with conversion 
    assemblies or 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 statement ``This refrigerant contains an ozone-depleting substance 
    and it is therefore subject to the venting prohibition, recycling, and 
    other provisions of regulations issued under section 609 of the Clean 
    Air Act.''
        *--if the refrigerant is not or does not contain any ozone-
    depleting substances, the statement ``This refrigerant does not deplete 
    stratospheric ozone, and as of November 15, 1995, at the latest, it is 
    subject to the venting prohibition, recycling, and other provisions of 
    regulations issued under section 609 of the Clean Air Act.''
        *--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 
    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) HFC-134a. HFC-134a 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. HFC-134a does not contribute to ozone depletion. HFC-134a's GWP 
    and atmospheric lifetime are close to those of other alternatives which 
    have been determined to be acceptable for this end-use. However, HFC-
    134a's contribution to global warming could be significant in leaky 
    end-uses such as motor vehicle air conditioning systems (MVACS). EPA 
    has determined that the use of HFC-134a in these applications is 
    acceptable because industry continues to develop technology to limit 
    emissions. In addition, the number of available substitutes for use in 
    MVACS is currently limited. HFC-134a is not flammable and its toxicity 
    is low. While HFC-134a is compatible with most existing refrigeration 
    and air conditioning equipment parts, it is not compatible with the 
    mineral oils currently used in such systems. An appropriate ester-
    based, polyalkylene glycol-based, or other type of lubricant should be 
    used. Consult the original equipment manufacturer or the retrofit kit 
    manufacturer for further information.
        (b) R-401C. R-401C, which consists of HCFC-22, HFC-152a, and HCFC-
    124, 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. HCFC-22 
    and HCFC-124 contribute to ozone depletion, but to a much lesser degree 
    than CFC-12. The production of HCFC-22 will be phased out according to 
    the accelerated phaseout schedule (published 12/10/93, 58 FR 65018). 
    The GWP of HCFC-22 is somewhat higher than other alternatives for this 
    end-use. Experimental data indicate that HCFC-22 may leak through 
    flexible hosing in mobile air conditioners at a high rate. In order to 
    preserve the blend's composition and to reduce its contribution to 
    global warming, EPA strongly recommends using barrier hoses when hose 
    assemblies need to be replaced during a retrofit procedure. The GWPs of 
    the other components are low. Although this blend does contain one 
    flammable constituent, the blend itself is not flammable. Leak testing 
    demonstrated that the blend never becomes flammable.
        (c) HCFC Blend Beta. HCFC Blend Beta 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. Acceptable Subject to Narrowed Use Limits. (1) Non-mechanical 
    Heat Transfer, New and Retrofit.
        (a) Perfluorocarbons. Perfluorocarbons are proposed acceptable as 
    substitutes for CFC-11, CFC-12, CFC-113, CFC-114, and CFC-115 in new 
    and retrofitted thermosyphons and recirculating coolers only where no 
    other alternatives are technically feasible due to safety or 
    performance requirements. PFCs covered by this determination are 
    C3F8, C4F10, C5F12, C5F11NO, 
    C6F14, C6F13NO, C7F16, C7F15NO, 
    C8F18, C8F16O, AND C9F21N. PFCs offer 
    high dielectric resistance and they are low in toxicity and 
    nonflammable. The principal characteristic of concern for PFCs is that 
    they have long atmospheric lifetimes and have the potential to 
    contribute to global climate change. For instance, C5F12 has 
    a lifetime of 4,100 years and a 100-year GWP of 5,600. PFCs are also 
    included in the Climate Change Action Plan which broadly instructs EPA 
    to use section 612 of the CAA, as well as voluntary programs, to 
    control emissions. Despite these concerns, EPA is proposing to list 
    PFCs as acceptable in certain small applications because they may be 
    the only substitutes that can satisfy safety or performance 
    requirements. For example, a transformer may require very high 
    dielectric strength, or a heat transfer system for a chlorine 
    manufacturing process could require compatibility with the process 
    stream.
        Users should note, however, that use of a PFC should be a last 
    resort. As the proposed determination states, PFCs should be used 
    ``only where no other alternatives are technically feasible due to 
    safety or performance requirements.'' This statement requires users to 
    conduct a thorough search for other substitutes. Although EPA does not 
    require users to submit information on such a search, companies must 
    keep the results on file for future reference.
        In cases where users must adopt PFCs, they should make every effort 
    to:
         Recover and recycle these fluids during servicing
         Adopt maintenance practices that reduce leakage as much as 
    is technically feasible
         Recover these fluids after the end of the equipment's 
    useful life and either recycle them or destroy them
         Continue to search for other long-term alternatives
        Users of PFCs should note that if other alternatives become 
    available, EPA could be petitioned to list PFCs as unacceptable due to 
    the availability of other suitable substitutes. If such a petition were 
    granted, EPA may grandfather existing uses but only upon consideration 
    of cost and timing of testing and implementation of new substitutes. In 
    addition, while this listing allows for use of PFCs in some new 
    systems, a petition indicating widespread design of systems using PFCs 
    where other alternatives exist could adversely impact any 
    grandfathering decisions.
        EPA believes these end-uses are covered under section 608 of the 
    CAA and encourages voluntary compliance with the recycling and leak 
    repair provisions of that rule until new rulemakings specifically 
    address non-ozone-depleting refrigerants.
        c. Unacceptable Substitutes.
    (1) R-403B
        R-403B, which consists of HCFC-22, R-218, and propane, is proposed 
    unacceptable as a substitute for R-502 in the following new and 
    retrofitted end-uses:
         industrial process refrigeration;
         cold storage warehouses;
         refrigerated transport;
         retail food refrigeration;
         commercial ice machines; and
         household freezers.
        R-218, perfluoropropane, has an extremely high GWP and lifetime. 
    Although this substitute may offer energy efficiency gains, its 
    lifetime and direct GWP pose additional risk beyond that of other 
    substitutes for these end-uses. In particular, the lifetime of R-218 is 
    over 2000 years, which means that global warming and other effects 
    would be essentially irreversible. EPA believes that while other 
    substitutes may have high GWPs, they do not exhibit such long 
    lifetimes.
    (2) R-405A
        R-405A, which is composed of HCFC-22, HFC-152a, HCFC-142b, and R-
    c318, is proposed unacceptable as a substitute for CFC-12, R-500, and 
    R-502 in the following new and retrofitted end-uses:
         commercial comfort air conditioning;
         industrial process refrigeration;
         ice skating rinks;
         cold storage warehouses;
         refrigerated transport;
         retail food refrigeration;
         vending machines;
         water coolers;
         commercial ice machines;
         household refrigerators;
         household freezers;
         residential dehumidifiers; and
         motor vehicle air conditioning.
        R-405A was listed as HCFC/HFC/fluoroalkane Blend A in previous 
    notices. R-405A contains a high proportion of R-c318, 
    cycloperfluorobutane, which has an extremely high GWP and lifetime. 
    Although this substitute may offer energy efficiency gains, its 
    lifetime and direct GWP pose additional risk beyond that of other 
    substitutes for these end-uses. In particular, the lifetime of R-c318 
    is over 3000 years, which means that global warming and other effects 
    would be essentially irreversible. EPA believes that while other 
    substitutes may have high GWPs, they do not exhibit such long 
    lifetimes.
    (3) Hydrocarbon Blend B
        Hydrocarbon Blend B is proposed unacceptable as a substitute for 
    CFC-12 in the following new and retrofitted end-uses:
         commercial comfort air conditioning;
         ice skating rinks;
         cold storage warehouses;
         refrigerated transport;
         retail food refrigeration;
         vending machines;
         water coolers;
         commercial ice machines;
         household refrigerators;
         household freezers;
         residential dehumidifiers; and
         motor vehicle air conditioning.
        Flammability is the primary concern. EPA believes the use of this 
    substitute in very leaky uses like motor vehicle air conditioning may 
    pose a high risk of fire. EPA requires a risk assessment be conducted 
    to demonstrate this blend may be safely used in any CFC-12 end-uses. 
    The manufacturer of this blend has not submitted such a risk 
    assessment, and EPA therefore finds it unacceptable.
    (4) Flammable Substitutes
        Flammable substitutes, defined as having flammability limits as 
    measured according to ASTM E-681 with modifications included in Society 
    of Automotive Engineers Recommended Practice J1657, including blends 
    which become flammable during fractionation, are proposed unacceptable 
    as substitutes for CFC-12 in retrofitted motor vehicle air conditioning 
    systems.
        Flammable refrigerants differ from traditional substances in 
    several ways: potential gains in energy efficiency, reductions in 
    direct contribution to global warming, and additional risks from fire. 
    Flammable refrigerants may be good substitutes in systems designed with 
    fire risks in mind. In addition, in certain circumstances, they may 
    serve well as substitutes in retrofit uses. EPA encourages research 
    efforts into the use of flammable refrigerants, but remains concerned 
    about the dangers. Because of these concerns, EPA has established the 
    requirement that manufacturers of flammable refrigerants conduct 
    detailed risk assessments in all end-uses. The risks from flammability 
    are extremely sensitive to the size of charge and end-use.
        In MVACS, flammable refrigerants pose risks not found in stationary 
    equipment, including the potential for collisions, the placement of the 
    condenser directly behind the grille, flexible hoses which could be 
    punctured, the hazard to technicians who are expecting to handle 
    flammable fluids, the danger to passengers from evaporator leaks, and 
    the dangers to personnel involved in disposal of old automobiles. Due 
    to the length of SNAP review, certain substitutes have been marketed 
    which EPA believes may pose substantial risk to users. The intent of 
    the 90-day review process was not to allow manufacturers to market 
    risky substitutes, but rather to ensure a thorough review. Because of 
    potential risks to users and service personnel, EPA finds it necessary 
    to find all flammable substitutes unacceptable in retrofitted 
    automotive air conditioning to prevent hazardous substitutes from being 
    marketed prior to a thorough risk assessment.
        EPA continues to encourage investigation of all substitute 
    refrigerants, including flammable substances. This unacceptable 
    determination only applies to retrofitted MVACS. If a manufacturer 
    wishes an acceptable determination for a flammable substitute in MVACS, 
    this risk assessment must be conducted in a scientifically valid 
    manner. EPA will consider such a risk assessment in any determination 
    on the substitute.
    
    B. Solvents
    
    1. Acceptable Subject to Use Conditions
        a. Electronics Cleaning. (1) HCFC-225 ca/cb. HCFC-225 is proposed 
    acceptable subject to use conditions as a substitute for CFC-113 and 
    MCF in electronics cleaning. The HCFC-225 ca isomer has a company-set 
    exposure limit of 25 ppm. The company set exposure limit of the HCFC-
    225 cb isomer is 250 ppm. These limits should be readily achievable 
    since HCFC-225 is only sold commercially as a (45%/50%) blend of -ca 
    and -cb isomers. In addition, the vapor degreasing and cold cleaning 
    equipment where HCFC-225 is used, typically has very low emissions.
        b. Precision Cleaning. (1) HCFC-225 ca/cb. HCFC-225 is proposed 
    acceptable subject to use conditions as a substitute for CFC-113 and 
    MCF in precision cleaning. The HCFC-225 ca isomer has a company-set 
    exposure limit of 25 ppm. The company set exposure limit of the HCFC-
    225 cb isomer is 250 ppm. These limits should be readily achievable 
    since HCFC-225 is only sold commercially as a (45%/50%) blend of -ca 
    and -cb isomers. In addition, the vapor degreasing and cold cleaning 
    equipment where HCFC-225 is used, typically has very low emissions.
    2. Unacceptable Substitutes
        a. Metals Cleaning. (1) Dibromomethane. Dibromomethane is proposed 
    as an unacceptable substitute for CFC-113 and MCF in metals cleaning. 
    Dibromomethane has a comparatively high ODP and other alternatives 
    exist which do not pose comparable risk.
        b. Electronics Cleaning. (2) Dibromomethane. Dibromomethane is 
    proposed as an unacceptable substitute for CFC-113 and MCF in 
    electronics cleaning. Dibromomethane has a comparatively high ODP and 
    other alternatives exist.
        c. Precision Cleaning. (3) Dibromomethane. Dibromomethane is 
    proposed as an unacceptable substitute for CFC-113 and MCF in precision 
    cleaning. Dibromomethane has a comparatively high ODP and other 
    alternatives exist.
    
    C. Fire Suppression and Explosion Protection
    
    1. Proposed Acceptable Subject to Use Conditions
        a. Total Flooding Agents. (1) C3F8. C3F8 is 
    proposed acceptable as a Halon 1301 substitute where other alternatives 
    are not technically feasible due to performance or safety requirements: 
    (a) Due to their physical or chemical properties or (b) where human 
    exposure to the agents may approach cardiosensitization levels or 
    result in other unacceptable health effects under normal operating 
    conditions. This proposed agent is subject to the same use conditions 
    stipulated for all total flooding agents, that is:
         Where egress from an area cannot be accomplished within 
    one minute, the employer shall not use this agent in concentrations 
    exceeding its NOAEL.
         Where egress takes longer than 30 seconds but less than 
    one minute, the employer shall not use the agent in a concentration 
    greater than its LOAEL.
         Agent concentrations greater than the LOAEL are only 
    permitted in areas not normally occupied by employees provided that any 
    employee in the area can escape within 30 seconds. The employer shall 
    assure that no unprotected employees enter the area during agent 
    discharge.
        Cup burner tests in heptane indicate that C3F8 can 
    extinguish fires in a total flood application at concentrations of 7.30 
    per cent and therefore has a design concentration of 8.8 per cent. The 
    cardiotoxicity NOAEL of 30 per cent for this agent is well above its 
    extinguishment concentration and therefore is safe for use in occupied 
    areas. This agent can replace Halon 1301 by a ratio of 2 to 1 by 
    weight.
        Using agents in high concentrations poses a risk of asphyxiation by 
    displacing oxygen. With an ambient oxygen level of 21 per cent, a 
    design concentration of 22.6 per cent may reduce oxygen levels to 
    approximately 16 per cent, the minimum level considered to be required 
    to prevent impaired judgement or other physiological effects. Thus, the 
    oxygen level resulting from discharge of this agent must be at least 16 
    per cent.
        C3F8 has no ozone depletion potential, and is 
    nonflammable, essentially non-toxic, and is not a VOC. However, this 
    agent has an atmospheric lifetime of 3,200 years and a 100-year GWP of 
    6100. Due to the long atmospheric lifetime of C3F8, the 
    Agency is finding this chemical acceptable only in those limited 
    instances where no other alternative is technically feasible due to 
    performance or safety requirements. In most total flooding 
    applications, the Agency believes that alternatives to C3F8 
    exist. EPA intends that users select C3F8 out of need and 
    that this agent be used as the agent of last resort. Thus, a user must 
    determine that the requirements of the specific end-use preclude use of 
    other available alternatives.
        Users must observe the limitations on C3F8 acceptability 
    by undertaking the following measures: (i) conduct an evaluation of 
    foreseeable conditions of end use; (ii) determine that human exposure 
    to the other alternative extinguishing agents may approach or result in 
    cardiosensitization or other unacceptable toxicity effects under normal 
    operating conditions; and (iii) determine that the physical or chemical 
    properties or other technical constraints of the other available agents 
    preclude their use.
        EPA recommends that users minimize unnecessary emissions of this 
    agent by limiting testing of C3F8 to that which is essential 
    to meet safety or performance requirements; recovering C3F8 
    from the fire protection system in conjunction with testing or 
    servicing; and destroying or recycling C3F8 for later use. 
    EPA encourages manufacturers to develop aggressive product stewardship 
    programs to help users avoid such unnecessary emissions.
        (2) CF3I. CF3I is proposed acceptable as a Halon 1301 
    substitute in normally unoccupied areas. Any employee that could 
    possibly be in the area must be able to escape within 30 seconds. The 
    employer shall assure that no unprotected employees enter the area 
    during agent discharge.
        CF3I (Halon 13001) is a fluoroiodocarbon with an atmospheric 
    lifetime of only 1.15 days due to its rapid photolysis in the presence 
    of light. The resulting GWP of this agent is less than one, and its ODP 
    when released at ground level is likely to be extremely low, with 
    current conservative estimates ranging from .008 to .01. Complete 
    analysis of the ozone depleting potential of this agent will be 
    available in the near future.
        Anticipating EPA's concern about releases of CF3I from 
    aircraft, and the associated likelihood of a higher ODP value when 
    released at altitude, the military has conducted an analysis of 
    historical releases of Halon 1301 from both military and commercial 
    aircraft. Initial assessment indicate that emissions from U.S. military 
    aircraft appear to have averaged about 56 pounds annually, of which 2 
    pounds were emitted above 30,000 feet. Commercial aircraft worldwide 
    released an estimated average of 933 pounds of Halon 1301 annually, of 
    which 158 pounds was released above 30,000 feet. While EPA is awaiting 
    the results of the ODP calculations of CF3I, it is unlikely that 
    such low emissions at high altitude will pose a significant threat to 
    the ozone layer.
        Interest in this agent is very high because it may constitute a 
    drop-in replacement to Halon 1301 on a weight and volume basis. Initial 
    tests have shown its weight equivalence for fire extinguishment to be 
    1.36, and its volume equivalence to be 1.0, while for explosion 
    inertion it is 1.42 and 1.04 respectively. The research community is 
    continuing to qualify the properties of this agent, including its 
    materials compatibility, its storage stability and its effectiveness. 
    While the manufacturer's SNAP submission only requests listing in 
    normally unoccupied areas, preliminary cardiosensitization data 
    received by the Agency indicate that CF3I has a NOAEL of 0.2 per 
    cent and a LOAEL of 0.4 per cent, and thus this agent would not 
    suitably be for use in normally occupied areas.
        (3) Gelled Halocarbon/Dry Chemical Suspension. Gelled Halocarbon/
    Dry Chemical Suspension is proposed acceptable as a Halon 1301 
    substitute in normally unoccupied areas. Any employee who could 
    possibly be in the area must be able to escape within 30 seconds. The 
    employer shall assure that no unprotected employees enter the area 
    during agent discharge.
        The manufacturer is proposing to blend either of two halocarbons 
    (HFC-125 or HFC-134a) with either ammonium polyphosphate (which is not 
    corrosive) or monoammonium phosphate (which is corrosive on hard 
    surfaces). An initial assessment of inhalation toxicology of fine 
    particulates indicates that some risk exists of inhalation exposure 
    when the particles are below a certain size compared to the mass per 
    cubic meter in air. Particle sizes less than 10 to 15 microns and a 
    mass above the ACGIH nuisance dust levels raise concerns which need to 
    be further studied. In a total flooding application, the exposure 
    levels may be of concern. In addition, because the discharge of powders 
    obscures vision, evacuation could be impeded. EPA is asking 
    manufacturers of total flooding systems using powdered aerosols to 
    submit to the Agency a review of the medical implications of inhaling 
    atmospheres flooded with fine powder particulates. While the 
    manufacturer requested a SNAP listing for unoccupied areas only, EPA 
    would not consider its use in occupied areas until the requested peer 
    review is complete. Meanwhile, EPA is finding this technology 
    acceptable for use in normally unoccupied areas.
        For further discussion of this agent, including a review of 
    particle size distributions, see the listing under ``Streaming Agents--
    Acceptable.''
        (4) Inert Gas/Powdered Aerosol Blend. Inert Gas/Powdered Aerosol 
    Blend is acceptable as a Halon 1301 substitute in normally unoccupied 
    areas. In areas where personnel could possibly be present, as in a 
    cargo area, the employer shall provide a pre-discharge employee alarm 
    capable of being perceived above ambient light or noise levels for 
    alerting employees before system discharge. The pre-discharge alarm 
    shall provide employees time to safely exit the discharge area prior to 
    system discharge.
        This alternative agent is formulated from a mixture of dry powders 
    pressed together into pill form. Upon exposure to heat from a fire, a 
    pyrotechnic charge initiates a series of exothermic, gas-producing 
    reactions composed mainly of a mixture of nitrogen, carbon dioxide and 
    water vapor, with small amounts of carbon monoxide, nitrous oxide, 
    nitrogen dioxide, and solid residues. The oxygen level in the room is 
    largely depleted, thus extinguishing the fire.
        The manufacturer has proposed this technology for use in normally 
    unoccupied areas only, such as engine nacelles and engine compartments, 
    aircraft dry bay areas and unoccupied cargo areas. Comparing agents 
    alone, deployment of 2.0 pounds of this agent at 400 deg.F has an 
    equivalent fire suppression effectiveness to 1.0 pound of Halon 1301 at 
    70 deg.F.
        This agent has no ODP. The carbon dioxide generated in the 
    combustion of this agent has a GWP of 1.
    2. Proposed Acceptable Subject to Narrowed Use Limits
        a. Total Flooding Agents. (1) C3F8. C3F8 is 
    proposed acceptable as a Halon 1301 substitute where other alternatives 
    are not technically feasible due to performance or safety requirements: 
    a) due to their physical or chemical properties or b) where human 
    exposure to the agents may approach cardiosensitization levels or 
    result in other unacceptable health effects under normal operating 
    conditions. This agent is subject to the use conditions stipulated for 
    all total flooding agents, that is:
         Where egress from an area cannot be accomplished within 
    one minute, the employer shall not use this agent in concentrations 
    exceeding its NOAEL.
         Where egress takes longer than 30 seconds but less than 
    one minute, the employer shall not use the agent in a concentration 
    greater than its LOAEL.
         Agent concentrations greater than the LOAEL are only 
    permitted in areas not normally occupied by employees provided that any 
    employee in the area can escape within 30 seconds. The employer shall 
    assure that no unprotected employees enter the area during agent 
    discharge.
        Cup burner tests in heptane indicate that C3F8 can 
    extinguish fires in a total flood application at concentrations of 7.30 
    per cent and therefore has a design concentration of 8.8 per cent. The 
    cardiotoxic NOAEL of 30 per cent for this agent is well above its 
    extinguishment concentration; therefore, it is safe for use in occupied 
    areas. This agent has a weight equivalence of two-to-one by weight 
    compared to Halon 1301.
        Using agents in high concentrations poses a risk of asphyxiation by 
    displacing oxygen. With an ambient oxygen level of 21 per cent, a 
    design concentration of 22.6 per cent may reduce oxygen levels to 
    approximately 16 per cent, the minimum level considered to be required 
    to prevent impaired judgement or other physiological effects. Thus, the 
    oxygen level resulting from discharge of this agent must be at least 16 
    per cent.
        This agent has an atmospheric lifetime of 3,200 years and a 100-
    year GWP of 6,100. Due to the long atmospheric lifetime of 
    C3F8, the Agency is finding this chemical acceptable only in 
    those limited instances where no other alternative is technically 
    feasible due to performance or safety requirements. In most total 
    flooding applications, the Agency believes that alternatives to 
    C3F8 exist. EPA intends that users select C3F8 out 
    of need and that this agent be used as the agent of last resort. Thus, 
    a user must determine that the requirements of the specific end-use 
    preclude use of other available alternatives.
        Users must observe the limitations on C3F8 acceptability 
    by undertaking the following measures: (i) conduct an evaluation of 
    foreseeable conditions of end use; (ii) determine that human exposure 
    to the other alternative extinguishing agents may approach or result in 
    cardiosensitization or other unacceptable toxicity effects under normal 
    operating conditions; and (iii) determine that the physical or chemical 
    properties or other technical constraints of the other available agents 
    preclude their use.
        EPA recommends that users minimize unnecessary emissions of this 
    agent by limiting testing of C3F8 to that which is essential 
    to meet safety or performance requirements; recovering C3F8 
    from the fire protection system in conjunction with testing or 
    servicing; and destroying or recycling C3F8 for later use. 
    EPA encourages manufacturers to develop aggressive product stewardship 
    programs to help users avoid such unnecessary emissions.
        (2) Sulfur Hexafluoride (SF6). SF6 is acceptable for use 
    as a discharge test agent in military uses only. Sulfur Hexafluoride is 
    a nonflammable, nontoxic gas which is colorless and odorless. With a 
    density of approximately five times that of air, it is one of the 
    heaviest known gases. SF6 is relatively inert, and has an 
    atmospheric lifetime of 3,200 years, with a 100-year, 500-year, and 
    1,000-year GWP of 16,100, 26,110 and 32,803 respectively.
        This agent has been developed by the U.S. Navy as a test gas 
    simulant in place of halon in new halon total flooding systems on ships 
    which have been under construction prior to identification and 
    qualification of substitute agents. Halon systems are no longer 
    included in designs for new ships. The Navy estimates its annual usage 
    to be less than 10,000 pounds annually, decreasing over time. Thus, the 
    Agency believes that the quantities involved are not significant.
        While SF6 is not currently used in the commercial sector and 
    new halon systems are rarely installed, EPA is proposing a narrowed use 
    limit to ensure that emissions of this agent remain minimal. The NFPA 
    12a and NFPA 2001 standards recommend that halon or other total 
    flooding gases not be used in discharge testing, but that alternative 
    methods of ensuring enclosure and piping integrity and system 
    functioning be used. Alternative methods can often be used, such as the 
    ``door fan'' test for enclosure integrity, UL 1058 testing to ensure 
    system functioning, pneumatic test of installed piping, and a ``puff'' 
    test to ensure against internal blockages in the piping network. These 
    stringent design and testing requirements have largely obviated the 
    need to perform a discharge test for total flood systems containing 
    either Halon 1301 or a substitute agent.
    3. Proposed Unacceptable
        a. Total Flooding. (1) HFC-32. HFC-32 is proposed unacceptable as a 
    total flooding agent. HFC-32 has been determined to be flammable, with 
    a large flammability range, and is therefore inappropriate as a halon 
    substitute when used as a pure agent. This agent was proposed 
    acceptable in the first SNAP proposed rulemaking (58 FR 28093, May 12, 
    1993) but public comment received indicated agreement about the 
    flammability characteristics of this agent. EPA is not aware of any 
    interest in commercializing this agent as a fire suppression agent.
    
    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.''
        It has been determined that this rule is not a ``significant 
    regulatory action'' under the terms of Executive Order 12866 and is 
    therefore not subject to OMB review.
    
    B. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that 
    federal agencies examine the effects of their regulations on small 
    entities. Under 5 U.S.C. 604(a), whenever an agency is required to 
    publish a final rule-making, it must prepare a regulatory flexibility 
    analysis (RFA). Such an analysis is not required if 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 
    substitues available.
    
    C. Paperwork Reduction Act
    
        The EPA has determined that this proposed rule contains no 
    information requirements subject to the Paperwork Reduction Act 44 
    U.S.C. 3501 et seq.
    
    V. Additional Information
    
        Contact the Stratospheric Protection Hotline at 1-800-296-1996, 
    Monday-Friday, between the hours of 10 a.m. and 4 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 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).
    
    List of Subjects
    
    40 CFR Part 9
    
        Environmental protection, Reporting and recordkeeping requirements.
    
    40 CFR Part 82
    
        Environmental protection, Administrative practice and procedure, 
    Air pollution control, Reporting and recordkeeping requirments.
    
        Dated: September 16, 1994.
    Carol M. Browner,
    Administrator.
    
    Appendix A to the Preamble: Summary of Proposed Decisions 
    
                              Refrigerants--Proposed Acceptable Subject to Use Conditions                           
    ----------------------------------------------------------------------------------------------------------------
           End-Use              Substitute             Decision                           Comments                  
    ----------------------------------------------------------------------------------------------------------------
    CFC-12 Automobile      HFC-134a, R-401C,     Proposed acceptable   EPA is concerned that the existence of       
     Motor Vehicle Air      HCFC Blend Beta.      when (1) used with    several substitutes in this end-use may     
     Conditioning                                 unique fittings and   increase the likelihood of significant      
     (Retrofit and New                            detailed labels and   refrigerant cross-contamination and         
     Equipment/NIKS).                             (2) all CFC-12 has    potential failure of both air conditioning  
                                                  been removed from     systems and recovery/recycling equipment. In
                                                  the system prior to   addition, a smooth transition to the use of 
                                                  retrofitting. Refer   substitutes strongly depends on the         
                                                  to the text for a     continued purity of the recycled CFC-12     
                                                  full description..    supply.                                     
                                                                       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.                          
    ----------------------------------------------------------------------------------------------------------------
    
    
                            Refrigerants--Proposed Acceptable Subject to Narrowed Use Limits                        
    ----------------------------------------------------------------------------------------------------------------
           End-Use              Substitute             Decision                           Comments                  
    ----------------------------------------------------------------------------------------------------------------
    CFC-11, CFC-12, CFC-   C3F8, C4F10, C6F12,   Proposed acceptable   Users must observe the limitations on PFC    
     113, CFC-114, CFC-     C6F11NO, C6F14,       only where no other   acceptability by determining that the       
     115 Non-Mechanical     C6F13NO, C7F16,       alternatives are      physical or chemical properties or other    
     Heat Transfer          C7F15NO, C8F18,       technically           technical constraints of the other available
     (Retrofit and New).    C8F16O, AND C9F21N.   feasible due to       agents preclude their use. Documentation of 
                                                  safety or             such measures must be available for review  
                                                  performance           upon request.                               
                                                  requirements.        The principal environmental characteristic of
                                                                        concern for PFCs is that they have high GWPs
                                                                        and long atmospheric lifetimes.             
    ----------------------------------------------------------------------------------------------------------------
    
    
                                    Refrigerants--Proposed Unacceptable Substitutes                                 
    ----------------------------------------------------------------------------------------------------------------
           End-Use              Substitute             Decision                           Comments                  
    ----------------------------------------------------------------------------------------------------------------
    CFC-11, CFC-12, CFC-   R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     113, CFC-114, R-500                          Unacceptable.         extremely high GWP and lifetime. Other      
     Centrifugal Chillers                                               substitutes exist which do not contain PFCs.
     (Retrofit and New                                                                                              
     Equipment/NIKs).                                                                                               
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12 Reciprocating   R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Chillers (Retrofit                           Unacceptable.         extremely high GWP and lifetime. Other      
     and New Equipment/                                                 substitutes exist which do not contain PFCs.
     NIKs).                                                                                                         
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-11, CFC-12, R-502  R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Industrial Process                           Unacceptable.         extremely high GWP and lifetime. Other      
     Refrigeration                                                      substitutes exist which do not contain PFCs.
     (Retrofit and New                                                                                              
     Equipment/NIKs).                                                                                               
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
    CFC-12, R-502 Ice      R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Skating Rinks                                Unacceptable.         extremely high GWP and lifetime. Other      
     (Retrofit and New                                                  substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-502 Cold     R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Storage Warehouses                           Unacceptable.         extremely high GWP and lifetime. Other      
     (Retroit and New                                                   substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-500, R-502   R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Refrigerated                                 Unacceptable.         extremely high GWP and lifetime. Other      
     Transport (Retrofit                                                substitutes exist which do not contain PFCs.
     and New Equipment/                                                                                             
     NIKs).                                                                                                         
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-502 Retail   R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Food Refrigeration                           Unacceptable.         extremely high GWP and lifetime. Other      
     (Retrofit and New                                                  substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-502          R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Commercial Ice                               Unacceptable.         extremely high GWP and lifetime. Other      
     Machines (Retrofit                                                 substitutes exist which do not contain PFCs.
     and New Equipment/                                                                                             
     NIKs).                                                                                                         
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12 Vending         R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Machines (Retrofit                           Unacceptable.         extremely high GWP and lifetime. Other      
     and New Equipment/                                                 substitutes exist which do not contain PFCs.
     NIKs).                                                                                                         
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12 Water Coolers   R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     (Retrofit and New                            Unacceptable.         extremely high GWP and lifetime. Other      
     Equipment/NIKs).                                                   substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12 Household       R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Refrigerators                                Unacceptable.         extremely high GWP and lifetime. Other      
     (Retrofit and New                                                  substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-502          R-403B..............  Proposed              R-403B contains R-218, a PFC, which has an   
     Household Freezers                           Unacceptable.         extremely high GWP and lifetime. Other      
     (Retrofit and New                                                  substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
                                                  Unacceptable.         extremely high GWP and lifetime. Other      
                                                                        substitutes exist which do not contain PFCs.
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12, R-500          R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Residential                                  Unacceptable.         extremely high GWP and lifetime. Other      
     Dehumidifiers                                                      substitutes exist which do not contain PFCs.
     (Retrofit and New                                                                                              
     Equipment/NIKs).                                                                                               
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
    CFC-12 Motor Vehicle   R-405A..............  Proposed              R-405A contains R-c318, a PFC, which has an  
     Air Conditioners                             Unacceptable.         extremely high GWP and lifetime. Other      
     (Retrofit and New                                                  substitutes exist which do not contain PFCs.
     Equipment/NIKs).                                                                                               
                           Hydrocarbon Blend     Proposed              Flammability is a serious concern. Data have 
                            Beta.                 Unacceptable.         not been submitted to demonstrate it can be 
                                                                        used safely in this end-use.                
                           Flammable             Proposed              The risks associated with using flammable    
                            Substitutes.          Unacceptable.         substitutes in this end-use have not been   
                                                                        addressed by a risk assessment.             
    ----------------------------------------------------------------------------------------------------------------
    
    
                   Solvent Cleaning Sector--Proposed Acceptable Subject To Use Conditions Substitutes               
    ----------------------------------------------------------------------------------------------------------------
       Application          Substitute           Decision           Conditions                  Comments            
    ----------------------------------------------------------------------------------------------------------------
    Electronics         HCFC-225 ca/cb....  Acceptable........  Subject to the      HCFC-225 ca/cb blend is offered 
     Cleaning w/CFC-                                             company set         as a 45%-ca/55%-cb blend. The  
     113, MCF.                                                   exposure limit of   company set exposure limit of  
                                                                 25 ppm of the -ca   the -ca isomer is 25 ppm. The  
                                                                 isomer.             company set exposure limit of  
                                                                                     the -cb isomer is 250 ppm. It  
                                                                                     is the Agency's opinion that   
                                                                                     with the low emission cold     
                                                                                     cleaning and vapor degreasing  
                                                                                     equipment designed for this    
                                                                                     use, the 25 ppm limit of the   
                                                                                     HCFC-225 ca isomer can be met. 
                                                                                     The company is submitting      
                                                                                     further exposure monitoring    
                                                                                     data.                          
    Precision Cleaning  HCFC-225 ca/cb....  Acceptable........  Subject to the      HCFC-225 ca/cb blend is offered 
     w/CFC-113, MCF.                                             company set         as a 45%-ca/55%-cb blend. The  
                                                                 exposure limit of   company set exposure limit of  
                                                                 25 ppm of the -ca   the -ca isomer is 25 ppm. The  
                                                                 isomer.             company set exposure limit of  
                                                                                     the -cb isomer is 250 ppm. It  
                                                                                     is the Agency's opinion that   
                                                                                     with the low emission cold     
                                                                                     cleaning and vapor degreasing  
                                                                                     equipment designed for this    
                                                                                     use, the 25 ppm limit of the   
                                                                                     HCFC-225 ca isomer can be met. 
                                                                                     The company is submitting      
                                                                                     further exposure monitoring    
                                                                                     data.                          
    ----------------------------------------------------------------------------------------------------------------
    
    
                               Solvent Cleaning Sector--Proposed Unacceptable Substitutes                           
    ----------------------------------------------------------------------------------------------------------------
           End use              Substitute             Decision                          Comments                   
    ----------------------------------------------------------------------------------------------------------------
    Metals cleaning w/CFC- Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
     113.                                                                                                           
    Metals cleaning w/MCF  Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
    Electronics cleaning   Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
     w/CFC-113.                                                                                                     
    Electronics cleaning   Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
     w/MCF.                                                                                                         
    Precision cleaning w/  Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
     CFC-113.                                                                                                       
    Precision cleaning w/  Dibromomethane......  Unacceptable........  High ODP; other alternatives exist.          
     MCF.                                                                                                           
    ----------------------------------------------------------------------------------------------------------------
    
    
    Fire Suppression and Explosion Protection--Proposed Acceptable Subject to Use Conditions: Total Flooding Agents 
    ----------------------------------------------------------------------------------------------------------------
        Application         Substitute           Decision           Conditions                  Comments            
    ----------------------------------------------------------------------------------------------------------------
    Halon 1301........  C3F8..............  Proposed            Until OSHA          The comparative design          
    Total flooding                           acceptable where    establishes         concentration based on cup     
     agents                                  other               applicable          burner values is approximately 
                                             alternatives are    workplace           8.8%.                          
                                             not technically     requirements, EPA  Users must observe the          
                                             feasible due to     proposes: For       limitations on PFC             
                                             performance or      occupied areas      acceptability by making        
                                             safety              from which          reasonable efforts to undertake
                                             requirements:       personnel cannot    the following measures:        
                                            a. due to their      be evacuated in    (i) conduct an evaluation of    
                                             physical or         one minute, use     foreseeable conditions of end  
                                             chemical            is permitted only   use;                           
                                             properties, or      up to              (ii) determine that human       
                                            b. where human       concentrations      exposure to the other          
                                             exposure to the     not exceeding the   alternative extinguishing      
                                             extinguishing       cardiotoxicity      agents may approach or result  
                                             agents may          NOAEL of 30.        in cardiosensitization or other
                                             approach           Although no LOAEL    unacceptable toxicity effects  
                                             cardiosensitizati   has been            under normal operating         
                                             on levels or        established for     conditions; and                
                                             result in other     this product,      (iii) determine that the        
                                             unacceptable        standard OSHA       physical or chemical properties
                                             health effects      requirements        or other technical constraints 
                                             under normal        apply, i.e. for     of the other available agents  
                                             operating           occupied areas      preclude their use;            
                                             conditions.         from which         Documentation of such measures  
                                                                 personnel can be    must be available for review   
                                                                 evacuated or        upon request.                  
                                                                 egress can occur   The principal environmental     
                                                                 between 30 and 60   characteristic of concern for  
                                                                 seconds, use is     PFCs is that they have high    
                                                                 permitted up to a   GWPs and long atmospheric      
                                                                 concentration not   lifetimes. Actual contributions
                                                                 exceeding the       to global warming depend upon  
                                                                 LOAEL.              the quantities of PFCs emitted.
                                                                All personnel must  For additional guidance         
                                                                 be evacuated        regarding applications in which
                                                                 before              PFCs may be appropriate, users 
                                                                 concentration of    should consult the description 
                                                                 C3F8 exceeds 30%.   of potential uses which is     
                                                                Design               included in the March 18, 1994 
                                                                 concentration       Rulemaking (59 FR 13043).      
                                                                 must result in     See additional comments 1, 2, 3,
                                                                 oxygen levels of    4.                             
                                                                 at least 16%.                                      
                        CF3I..............  Proposed            EPA proposes that   Manufacturer has not applied for
                                             acceptable in       any employee who    listing for use in normally    
                                             normally            could possibly be   occupied areas. Preliminary    
                                             unoccupied areas.   in the area must    cardiosensitization data       
                                                                 be able to escape   indicates that this agent would
                                                                 within 30           not be suitable for use in     
                                                                 seconds. The        normally occupied areas.       
                                                                 employer shall     EPA is awaiting results of ODP  
                                                                 assure that no      calculations.                  
                                                                 unprotected        See additional comments 1, 2, 3,
                                                                 employees enter     4.                             
                                                                 the area during                                    
                                                                 agent discharge.                                   
                        Gelled halocarbon/  Proposed            EPA proposes that   The manufacturer's SNAP         
                         dry chemical        acceptable in       any employee who    application requested listing  
                         suspension.         normally            could possibly be   for use in unoccupied areas    
                                             unoccupied areas.   in the area must    only.                          
                                                                 be able to escape  See additional comment 2.       
                                                                 within 30                                          
                                                                 seconds. The                                       
                                                                 employer shall                                     
                                                                 assure that no                                     
                                                                 unprotected                                        
                                                                 employees enter                                    
                                                                 the area during                                    
                                                                 agent discharge.                                   
                        Inert gas/powdered  Proposed            In areas where      The manufacturer's SNAP         
                         aerosol blend.      acceptable as a     personnel could     application requested listing  
                                             Halon 1301          possibly be         for use in unoccupied areas    
                                             substitute in       present, as in a    only.                          
                                             normally            cargo area, EPA    See additional comment 2.       
                                             unoccupied areas.   proposes that the                                  
                                                                 employer shall                                     
                                                                 provide a pre-                                     
                                                                 discharge                                          
                                                                 employee alarm                                     
                                                                 capable of being                                   
                                                                 perceived above                                    
                                                                 ambient light or                                   
                                                                 noise levels for                                   
                                                                 alerting                                           
                                                                 employees before                                   
                                                                 system discharge.                                  
                                                                 The pre-discharge                                  
                                                                 alarm shall                                        
                                                                 provide employees                                  
                                                                 time to safely                                     
                                                                 exit the                                           
                                                                 discharge area                                     
                                                                 prior to system                                    
                                                                 discharge.                                         
    ----------------------------------------------------------------------------------------------------------------
    Additional Comments                                                                                             
    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 enter/reenter the
      area.                                                                                                         
    3--Discharge testing should be strictly limited only to that which is essential to meet safety or performance   
      requirements.                                                                                                 
    4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and  
      recycled for later use or destroyed.                                                                          
    
    
      Fire Suppression and Explosion Protection--Proposed Acceptable Subject to Narrowed Use Limits: Total Flooding 
                                                         Agents                                                     
    ----------------------------------------------------------------------------------------------------------------
        Application         Substitute           Decision           Conditions                  Comments            
    ----------------------------------------------------------------------------------------------------------------
    Halon 1301........  C3F8..............  Proposed            Until OSHA          The comparative design          
    Total flooding                           acceptable where    establishes         concentration based on cup     
     agents.                                 other               applicable          burner values is approximately 
                                             alternatives are    workplace           8.8%.                          
                                             not technically     requirements:      Users must observe the          
                                             feasible due to    For occupied areas   limitations on PFC             
                                             performance or      from which          acceptability by making        
                                             safety              personnel cannot    reasonable efforts to undertake
                                             requirements:       be evacuated in     the following measures:        
                                            a. due to their      one minute, use    (i) conduct an evaluation of    
                                             physical or         is permitted only   foreseeable conditions of end  
                                             chemical            up to               use;                           
                                             properties, or      concentrations     (ii) determine that human       
                                            b. where human       not exceeding the   exposure to the other          
                                             exposure to the     cardiotoxicity      alternative extinguishing      
                                             extinguishing       NOAEL of 30%.       agents may approach or result  
                                             agents may         Although no LOAEL    in cardiosensitization or other
                                             approach            has been            unacceptable toxicity effects  
                                             cardiosensitizati   established for     under normal operating         
                                             on levels or        this product,       conditions; and                
                                             result in other     standard OSHA      (iii) determine that the        
                                             unacceptable        requirements        physical or chemical properties
                                             health effects      apply, i.e. for     or other technical constraints 
                                             under normal        occupied areas      of the other available agents  
                                             operating           from which          preclude their use;            
                                             conditions.         personnel can be   Documentation of such measures  
                                                                 evacuated or        must be available for review   
                                                                 egress can occur    upon request.                  
                                                                 between 30 and 60  The principal environmental     
                                                                 seconds, use is     characteristic of concern for  
                                                                 permitted up to a   PFCs is that they have high    
                                                                 concentration not   GWPs and long atmospheric      
                                                                 exceeding the       lifetimes. Actual contributions
                                                                 LOAEL.              to global warming depend upon  
                                                                All personnel must   the quantities of PFCs emitted.
                                                                 be evacuated       For additional guidance         
                                                                 before              regarding applications in which
                                                                 concentration of    PFCs may be appropriate, users 
                                                                 C3F8 exceeds 30%.   should consult the description 
                                                                Design               of potential uses which is     
                                                                 concentration       included in the March 18, 1994 
                                                                 must result in      Final Rulemaking (58 FR 13043).
                                                                 oxygen levels of                                   
                                                                 at least 16%..                                     
                        Sulfurhexafluoride  Proposed            ..................  This agent has an atmospheric   
                         (SF6).              acceptable as a                         lifetime greater than 1,000    
                                             discharge test                          years, with an estimated 100-  
                                             agent in military                       year, 500-year, and 1,000-year 
                                             uses only.                              GWP of 16,100, 26,110, and     
                                                                                     32,803 respectively. Users     
                                                                                     should limit testing only to   
                                                                                     that which is essential to meet
                                                                                     safety or performance          
                                                                                     requirements.                  
                                                                                    This agent is only used to test 
                                                                                     new Halon 1301 systems.        
    ----------------------------------------------------------------------------------------------------------------
    
    
                      Fire Suppression and Explosion Protection--Proposed Unacceptable Substitutes                  
    ----------------------------------------------------------------------------------------------------------------
         Application            Substitute             Decision                           Comments                  
    ----------------------------------------------------------------------------------------------------------------
    Halon 1301...........  HFC-32..............  Proposed              Data indicate that HFC-32 is flammable and   
    Total flooding                                unacceptable.         therefore is not suitable as a halon        
     agents.                                                            substitute.                                 
    ----------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 94-23678 Filed 9-23-94; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
09/26/1994
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-23678
Dates:
Written comments or data provided in response to this document must be submitted by November 10, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: September 26, 1994
CFR: (2)
40 CFR 9
40 CFR 82