Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50129 

NEW HAMPSHIRE NONREGULATORY—Continued 

Name of nonregulatory SIP 

provision 

Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approved date 3 Explanations 

Letter from the New Hampshire Department of Environmental Services dated 

July 10, 1996 submitting a 

revision to the NH SIP.

Statewide ............................... 7/10/1996 8/16/1999, 64 FR 44417 ........ See 52.1535(c)(63). 

Letter from the New Hampshire Air Resources Division dated July 17, 1998 

submitting Final RACT 

Order 98–001 as a revision 

to the NH SIP.

Statewide ............................... 7/17/1998 11/14/2000, 65 FR 68078 ...... See 52.1535(c)(64). 

Letter from the New Hampshire Department of Environmental Services dated 

August 16, 1999 submitting 

the Low Emission Vehicle 

program as a revision to 

the NH SIP.

Statewide ............................... 8/16/1999 3/9/2000, 65 FR 12476 .......... See 52.1535(c)(65). 

Letter from the New Hampshire Air Resources Division dated July 29, 1993 

submitting a revision to the 

New Hampshire State Implementation Plan.

Statewide ............................... 7/29/1993 7/27/2001, 66 FR 39100 ........ See 52.1535(c)(66). 

Letter from the New Hampshire Air Resources Division dated July 2, 1999 

submitting a revision to the 

New Hampshire State Implementation Plan.

Statewide ............................... 7/2/1999 7/27/2001, 66 FR 39100 ........ See 52.1535(c)(66). 

Letter from the New Hampshire Department of Environmental Services dated 

September 11, 1998 stating 

a negative declaration for 

the aerospace coating operations Control Techniques 

Guideline category.

Statewide ............................... 9/11/1998 7/10/2000, 65 FR 42290 ........ See 52.1535(c)(67). 

Letter from the DES, dated 

April 15, 2002, submitting 

revised Anheuser-Busch 

order to EPA as a SIP revision and withdrawing previous submittal for this facility dated June 20, 2000.

Merrimack, NH ....................... 4/15/2002 7/23/2002, 67 FR 48033 ........ See 52.1535(c)(68). 

Letter from the DES, dated 

March 22, 2002, containing 

information on New Filcas 

of America.

Nashua, NH ........................... 3/22/2002 7/23/2002, 67 FR 48033 ........ See 52.1535(c)(68). 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the FEDERAL REGISTER notice cited in this column for the particular provision. 

[FR Doc. E9–23472 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–8959–2] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Notice 24 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of acceptability. 

SUMMARY: This Determination of 

Acceptability expands the list of 

acceptable substitutes for ozonedepleting substances under the U.S. 

Environmental Protection Agency’s 

(EPA) Significant New Alternatives 

Policy (SNAP) program. The 

determinations concern new substitutes 

for use in the refrigeration and air 

conditioning and foam blowing sectors. 

DATES: This determination is effective 

on September 30, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 


sroberts on DSKD5P82C1PROD with RULES
50130 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

No. EPA–HQ–OAR–2003–0118 

(continuation of Air Docket A–91–42). 

All electronic documents in the docket 

are listed in the index at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at 

the EPA Air Docket (No. A–91–42), 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sheppard by telephone at 

(202) 343–9163, by facsimile at (202) 

343–2338, by e-mail at 

sheppard.margaret@epa.gov, or by mail 

at U.S. Environmental Protection 

Agency, Mail Code 6205J, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. Overnight or 

courier deliveries should be sent to the 

office location at 1310 L Street, NW., 

10th floor, Washington, DC 20005. 

For more information on the Agency’s 

process for administering the SNAP 

program or criteria for evaluation of 

substitutes, refer to the original SNAP 

rulemaking published in the Federal 

Register on March 18, 1994 (59 FR 

13044). Notices and rulemakings under 

the SNAP program, as well as other EPA 

publications on protection of 

stratospheric ozone, are available at 

EPA’s Ozone Depletion World Wide 

Web site at http://www.epa.gov/ozone/ 

including the SNAP portion at http:// 

www.epa.gov/ozone/snap/. 

SUPPLEMENTARY INFORMATION: 

I. Listing of New Acceptable Substitutes 

A. Refrigeration and Air Conditioning 

B. Foam Blowing 

II. Section 612 Program 

A. Section 612 Statutory and Regulatory 

Background 

B. Regulatory History 

Appendix A—Summary of Decisions for New 

Acceptable Substitutes 

I. Listing of New Acceptable Substitutes 

This section presents EPA’s most 

recent acceptable listing decisions for 

substitutes in the refrigeration and air 

conditioning and foam blowing sectors. 

For copies of the full list of ozone 

depleting substance (ODS) substitutes in 

all industrial sectors, visit EPA’s Ozone 

Depletion Web site at http:// 

www.epa.gov/ozone/snap/lists/ 

index.html. 

The sections below discuss each 

substitute listing in detail. Appendix A 

contains a table summarizing today’s 

listing decisions for new substitutes. 

The statements in the ‘‘Further 

Information’’ column in the table 

provide additional information, but are 

not legally binding under section 612 of 

the Clean Air Act (CAA). In addition, 

the ‘‘further information’’ may not be a 

comprehensive list of other legal 

obligations you may need to meet when 

using the substitute. Although you are 

not required to follow recommendations 

in the ‘‘further information’’ column of 

the table to use a substitute consistent 

with section 612 of the CAA, EPA 

strongly encourages you to apply the 

information when using these 

substitutes. In many instances, the 

information simply refers to standard 

operating practices in existing industry 

and/or building-code standards. 

However, some of these statements may 

refer to obligations that are enforceable 

or binding under Federal or State 

programs other than the SNAP program. 

Thus, many of these statements, if 

adopted, would not require significant 

changes to existing operating practices. 

You can find submissions to EPA for 

the use of the substitutes listed in this 

document and other materials 

supporting the decisions in this action 

in docket EPA–HQ–OAR–2003–0118 at 

http://www.regulations.gov. 

A. Refrigeration and Air Conditioning 

1. R–744 (CO2) 

EPA’s decision: R–744 (carbon 

dioxide or CO2) is acceptable for use in 

new equipment as a substitute for 

chlorofluorocarbon (CFC)–12, R–502, 

hydrochlorofluorocarbon (HCFC)–22 

and HCFC blends in: 

• Retail food refrigeration. 

• Cold storage warehouses. 

R–744 is carbon dioxide (CO2), CAS 

ID #124–38–9. You may find the 

submissions under Docket items EPA– 

HQ–OAR–2003–0118–0205, –0207, 

–0208 and –0223 at http:// 

www.regulations.gov. 

Environmental information: The 

ozone depletion potential (ODP) of CO2

is zero. The 100-year global warming 

potential (GWP) of CO2 is 1. The 

atmospheric lifetime of CO2 is based 

upon a complex function of different 

processes in the carbon cycle, with 

some portion of CO2 emissions expected 

to last 1000 years or longer (The 

International Panel on Climate Change 

[IPCC], Fourth Assessment Report, 

Climate Change 2007: The Physical 

Science Basis). 

EPA’s regulations codified at 40 CFR 

part 82, subpart F exempt CO2

refrigerant from the venting prohibition 

under section 608 (c)(2) of the Clean Air 

Act. This section and EPA’s 

implementing regulations prohibit the 

intentional venting or release of 

substitutes for class I or class II ODSs 

used during the repair, maintenance, 

service or disposal of refrigeration and 

air conditioning equipment (i.e., 

appliances). 

CO2 is excluded from the definition of 

volatile organic compound (VOC) under 

Clean Air Act regulations (see 40 CFR 

51.100(s)) addressing the development 

of State Implementation Plans (SIPs) to 

attain and maintain the national 

ambient air quality standards. 

Flammability information: CO2 is not 

flammable. 

Toxicity and exposure data: Potential 

health effects of this substitute at lower 

concentrations include loss of 

concentration. The substitute may also 

irritate the skin or eyes or cause 

frostbite. At sufficiently high 

concentrations, it may cause central 

nervous system depression or death. 

The substitute could cause 

asphyxiation, if air is displaced by 

vapors in a confined space. These 

potential health effects are common to 

many refrigerants. 

To protect against these potential 

health risks, CO2 has an 8 hour/day, 40 

hour/week permissible exposure limit 

(PEL) of 5000 ppm required by the 

Occupational Safety and Health 

Administration (OSHA) and a 15- 

minute recommended short-term 

exposure limit (STEL) of 30,000 ppm 

established by the National Institute for 

Occupational Safety and Health 

(NIOSH). EPA recommends that users 

follow all requirements and 

recommendations specified in the 

Material Safety Data Sheet (MSDS), in 

American Society for Heating and 

Refrigeration Engineers (ASHRAE) 

standard 15, and other safety 

precautions common in the refrigeration 

and air conditioning industry. We also 

recommend that users of R–744 adhere 

to NIOSH’s STEL and to ASHRAE 15 

and we expect that users will meet 

OSHA’s PEL. EPA anticipates that users 

will be able to meet the PEL and STEL 

and will be able to address potential 

health risks by following requirements 

and recommendations in the MSDSs, in 

ASHRAE 15, and other safety 

precautions common in the refrigeration 

and air conditioning industry. 

Comparison to other refrigerants: CO2

(R–744) is not an ozone depleter in 

contrast to the ozone-depleting 

substances which it replaces. In its lack 

of risk for ozone depletion, R–744 is 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50131 

comparable to a number of other 

substitutes for CFC–12, R–502, and 

HCFC–22 and its blends, such as 

R–404A, R–407C, R–410A, and R–507. 

(R–502 is a blend of 48.8% HCFC–22 

and 51.2% CFC–115 by weight. CFC–12 

has an ODP of 1.0 and a GWP of 10,890; 

CFC–115 has an ODP of 0.44 and a GWP 

of 7370; and HCFC–22 has an ODP of 

0.05 and a GWP of 1810, according to 

the Scientific Assessment of Ozone 

Depletion: 2006 prepared by the World 

Meteorological Organization (WMO, 

2006).) R–744 has a GWP of 1, lower 

than that of other substitutes for CFC– 

12, R–502, and HCFC–22. For example, 

the GWP of R–404A is about 3930, the 

GWP of R–407C is about 3350, the GWP 

of R–410A is about 2100, and the GWP 

of R–507 is about 4000. Flammability 

and toxicity risks are low, as discussed 

above. Thus, we find that R–744 is 

acceptable because it does not pose a 

greater overall risk to public health and 

the environment than the other 

substitutes acceptable in the end uses 

listed above. 

2. C6–Perfluoroketone 

EPA’s decision: C6-perfluoroketone is 

acceptable as a substitute for CFC–113 

for use in new and retrofit equipment in 

non-mechanical heat transfer. 

C6-perfluoroketone is also known as 

1,1,1,2,2,4,5,5,5-nonafluoro-4- 

(trifluoromethyl)-3-pentanone or FK–5– 

1–12mmy2 (CAS Reg. No. 756–13–8). It 

is marketed under the trade name 

NovecTM 649. EPA previously found 

this substitute acceptable in the fire 

protection sector (December 20, 2002; 

67 FR 77927). You may find the most 

recent submission under Docket item 

EPA–HQ–OAR–2003–0118–0214 and 

–0216 at http://www.regulations.gov. 

Environmental information: C6- 

perfluoroketone has no ODP. C6- 

perfluoroketone has a GWP of 0.6 to 1.8 

and an atmospheric lifetime of up to 2 

weeks (October 1, 2004; 69 FR 58903). 

C6-perfluoroketone is currently defined 

as a VOC under Clean Air Act 

regulations (see 40 CFR 51.100(s)) 

addressing the development of SIPs to 

attain and maintain the national 

ambient air quality standards. 

Flammability information: C6- 

perfluoroketone is non-flammable. 

Toxicity and exposure data: Potential 

health effects of this substitute include 

central nervous system depression or 

irregular heartbeat, at sufficiently high 

concentrations. These potential health 

effects are common to many refrigerants. 

EPA anticipates that C6- 

perfluoroketone will be used consistent 

with the recommendations specified in 

the manufacturer’s MSDSs. The 

manufacturer recommends a workplace 

exposure limit of 150 ppm over an 8- 

hour time-weighted average for C6- 

perfluoroketone. EPA anticipates that 

users will be able to meet the 

manufacturer’s recommended 

workplace exposure limit and will be 

able to address potential health risks by 

following requirements and 

recommendations in the MSDSs and 

other safety precautions common in the 

refrigeration and air conditioning 

industry. 

Comparison to other refrigerants: C6- 

perfluoroketone is not ozone depleting 

in contrast to CFC–113, the ozone 

depleting substance which it replaces. 

In its lack of risk for ozone depletion, 

C6-perfluoroketone is comparable to 

other non-ozone-depleting substitutes 

for CFC–113, such as HFE–7100, HFC– 

245fa and CO2. (CFC–113, has an ozone 

depletion potential (ODP) of 1.0 relative 

to CFC–11 (WMO, 2006).) C6- 

perfluoroketone’s GWP is less than 2, 

which is comparable to or lower than 

that of other substitutes for CFC–113 in 

heat transfer uses. For example, the 

GWP of HFE–7100 is about 297, the 

GWP of HFC–245fa is about 1030, and 

the GWP of CO2 is 1. Additionally, the 

GWP for C6-perfluoroketone is 

significantly lower than the GWP for the 

ozone-depleting substance it will 

replace. (CFC–113 has a GWP of 6130 

(WMO, 2006).) Flammability and 

toxicity risks are low, as discussed 

above. Thus, we find that C6- 

perfluoroketone is acceptable because it 

does not pose a greater overall risk to 

public health and the environment than 

the other substitutes acceptable in the 

end use listed above. 

3. R–438A (ISCEON® MO99) 

DuPont Fluoroproducts has notified 

EPA that it is using the name 

DuPontTMISCEON® MO99 in marketing 

the refrigerant blend that EPA reviewed 

under the name ‘‘KDD5’’. On October 4, 

2007 (72 FR 56628), EPA found KDD5 

acceptable as a substitute for HCFC–22 

for a variety of end-uses. The 

composition of the formulation was 

originally requested to be confidential 

business information (CBI); however, 

the company has now removed the CBI 

restrictions. This blend has been given 

the designation R–438A in ASHRAE 

Standard 34. This blend is nonflammable and has ASHRAE safety 

classification A1. 

B. Foam Blowing 

1. Formacel® TI 

EPA’s decision: Formacel® TI is 

acceptable as a substitute for HCFC–22 

and HCFC–142b in: 

• Rigid Polyurethane Appliance 

Foam. 

• Rigid Polyurethane Spray, 

Commercial Refrigeration, and 

Sandwich Panels. 

• Integral Skin Polyurethane. 

• Polyolefin. 

• Rigid Polyurethane Slabstock and 

Other. 

• Polystyrene Extruded Boardstock & 

Billet. 

• Polystyrene Extruded Sheet. 

• Rigid Polyurethane & 

Polyisocyanurate Laminated 

Boardstock. 

Formacel® TI is a series of blends 

with different percentage contents of the 

same compounds. The submitter has 

claimed its composition as confidential 

business information. You may find the 

submission under Docket item EPA– 

HQ–OAR–2003–0118–0217 and –0219 

at http://www.regulations.gov. 

Environmental information: 

Formacel® TI has no ODP. Formacel® TI 

blends range in global warming 

potential (GWP) from approximately 

1330 to 1500. Formacel® TI does not 

contain volatile organic compounds 

(VOC) as defined under Clean Air Act 

regulations (see 40 CFR 51.100(s)) 

addressing the development of State 

Implementation Plans (SIPs) to attain 

and maintain the national ambient air 

quality standards. 

Flammability information: Formacel®

TI blends are not flammable. 

Toxicity and exposure data: Potential 

health effects of this substitute include 

nausea, headache, weakness, or central 

nervous system depression with effects 

such as dizziness, drowsiness, 

confusion, or loss of consciousness. The 

substitute may also irritate the lungs, 

skin or eyes or cause frostbite. At high 

concentrations, the substitute may cause 

irregular heartbeat or death. The 

substitute could cause asphyxiation, if 

air is displaced by vapors in a confined 

space. These potential health effects are 

common to many foam blowing agents. 

EPA anticipates that Formacel® TI 

will be used consistent with the 

recommendations specified in the 

manufacturer’s Material Safety Data 

Sheets (MSDSs). The manufacturer 

recommends a workplace exposure limit 

of 1000 ppm on an 8-hour timeweighted average for Formacel® TI. EPA 

anticipates that users will be able to 

meet the manufacturer’s recommended 

workplace exposure limits and will be 

able to address potential health risks by 

following requirements and 

recommendations in the MSDSs and 

other safety precautions common in the 

foam blowing industry. 

Comparison to other foam blowing 

agents: Formacel® TI is not ozone 


sroberts on DSKD5P82C1PROD with RULES
50132 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

1Hydrofluoroolefins are a subset of 

hydrofluorocarbons that contain double bonds 

between carbon atoms. 

depleting in contrast to the ozone 

depleting substances which it replaces. 

(HCFC–22 and HCFC–142b have ODPs 

of 0.05 and 0.07, respectively (WMO, 

2006).) In its lack of risk for ozone 

depletion, Formacel® TI is comparable 

to other substitutes for HCFC–22 and 

HCFC–142b, such as hydrofluorocarbon 

(HFC)–134a and HFC–245fa. Formacel®

TI blends range in GWP from 1330 to 

1500, comparable to or lower than that 

of other substitutes for HCFC–22 and 

HCFC–142b. For example, the GWP of 

HFC–134a is about 1430 and the GWP 

of HFC–245fa is about 1030. 

Additionally, the GWP for Formacel® TI 

is lower than the GWP for the ozonedepleting substances it will replace. 

(The GWPs of HCFC–22 and HCFC– 

142b are 1810 and 2310, respectively 

(WMO, 2006). Flammability and toxicity 

risks are low, as discussed above. Thus, 

we find that Formacel® TI is acceptable 

because it does not pose a greater 

overall risk to public health and the 

environment than the other substitutes 

acceptable in the end use listed above. 

2. HFO–1234ze 

EPA’s decision: 

Hydrofluoroolefin 1 (HFO)–1234ze is 

acceptable as a substitute for CFCs and 

HCFCs in: 

• Rigid Polyurethane Appliance 

Foam. 

• Rigid Polyurethane Spray, 

Commercial Refrigeration, and 

Sandwich Panels. 

• Polystyrene Extruded Boardstock & 

Billet. 

HFO–1234ze is also known as HFC– 

1234ze or trans-1,3,3,3-tetrafluoroprop1-ene (CAS Reg. No.29118–24–9). You 

may find the submission under Docket 

item EPA–HQ–OAR–2003–0118–0222 at 

http://www.regulations.gov. 

Environmental information: HFO– 

1234ze has no ODP. HFO–1234ze has a 

GWP of 6 and an atmospheric lifetime 

of approximately 2 weeks 

(‘‘Atmospheric chemistry of transCF3CH=CHF: products and mechanisms 

of hydroxyl radical and chlorine atom 

initiated oxidation,’’ M.S. Javadi, R. 

S<ndergaard, O.J. Nielsen, M.D. Hurley, 

and T.J. Wellington, Atmospheric 

Chemistry and Physics Discussions 8, 

1069–1088, 2008). HFO–1234ze is 

currently defined as a VOC as defined 

under Clean Air Act regulations (see 40 

CFR 51.100(s)) addressing the 

development of SIPs to attain and 

maintain the national ambient air 

quality standards. 

Flammability information: HFO– 

1234ze is non-flammable. 

Toxicity and exposure data: Potential 

health effects of this substitute at lower 

concentrations include drowsiness and 

dizziness. The substitute may also 

irritate the skin or eyes or cause 

frostbite. At sufficiently high 

concentrations, it may cause central 

nervous system depression or irregular 

heartbeat. The substitute could cause 

asphyxiation, if air is displaced by 

vapors in a confined space. The 

substitute may also irritate the lungs, 

skin or eyes or cause frostbite. These 

potential health effects are common to 

many foam blowing agents. 

EPA anticipates that HFO–1234ze will 

be used consistent with the 

recommendations specified in the 

manufacturer’s MSDSs. EPA 

recommends a preliminary workplace 

exposure limit of 375 ppm for HFO– 

1234ze. EPA anticipates that users will 

be able to meet this recommended 

workplace exposure limit and will be 

able to address potential health risks by 

following requirements and 

recommendations in the MSDSs and 

other safety precautions common in the 

foam blowing industry. Further, EPA is 

reviewing this substance as a Premanufacture Notice under the Toxic 

Substances Control Act (TSCA). 

Therefore, use of HFO–1234ze must be 

in accord with EPA’s final decision 

under TSCA. 

Comparison to other foam blowing 

agents: HFO–1234ze is not ozone 

depleting in contrast to the ozone 

depleting substances which it replaces. 

In its lack of risk for ozone depletion, 

HFO–1234ze is comparable to other 

substitutes for HCFC–22 and HCFC– 

142b, such as HFC–134a and HFC– 

245fa. (HCFC–22 and HCFC–142b have 

ODPs of 0.05 and 0.07, respectively 

(WMO, 2006).) HFO–1234ze’s GWP is 6, 

comparable to or lower than that of 

other substitutes for HCFC–22 and 

HCFC–142b. For example, the GWP of 

HFC–134a is about 1430 and the GWP 

of HFC–245fa is about 1030. 

Additionally, the GWP for HFO–1234ze 

is significantly lower than the GWPs for 

the ozone-depleting substances it will 

replace. (The GWPs of HCFC–22 and 

HCFC–142b are 1810 and 2310, 

respectively (WMO, 2006).) 

Flammability risks can be addressed by 

procedures common in the industry. 

The toxicity risks are low, as discussed 

above. Thus, we find that HFO–1234ze 

is acceptable because it does not pose a 

greater overall risk to public health and 

the environment than the other 

substitutes acceptable in the end uses 

listed above. 

3. HFC–365mfc 

EPA’s decision: HFC–365mfc is 

acceptable as a substitute for HCFC– 

141b in: 

• Rigid Polyurethane Appliance 

Foam. 

• Rigid Polyurethane Commercial 

Refrigeration and Sandwich Panels. 

• Flexible Polyurethane. 

• Integral Skin Polyurethane. 

• Polystyrene Extruded Sheet. 

• Polyolefin. 

• Rigid Polyurethane Slabstock and 

Other. 

• Polystyrene Extruded Boardstock & 

Billet. 

• Rigid Polyurethane & 

Polyisocyanurate Laminated 

Boardstock. 

• Phenolic Insulation Board & 

Bunstock. 

HFC–365mfc is also known as 1,1,1,3,3- 

pentafluorobutane (CAS Reg. No. 405– 

58–6). EPA previously found HFC– 

365mfc acceptable as an aerosol solvent 

and as a solvent in metals, electronics, 

and precision cleaning (December 18, 

2000; 65 FR 78977). You may find the 

submission under Docket items EPA– 

HQ–OAR–2003–0118–0221 and –0224 

at http://www.regulations.gov. 

Environmental information: HFC– 

365mfc has no ODP. HFC–365mfc has a 

GWP of 794 and an atmospheric lifetime 

of 8.6 years (IPCC, 2007). HFC–365mfc 

is not a VOC as defined under Clean Air 

Act regulations (see 40 CFR 51.100(s)) 

addressing the development of SIPs to 

attain and maintain the national 

ambient air quality standards. 

Flammability information: HFC– 

365mfc is mildly flammable with a 

flashpoint below ¥27 °C and a lower 

flammability limit of 3.6% by volume in 

air. Thus, it should be handled with 

proper precautions. EPA recommends 

that users follow all requirements and 

recommendations specified in the 

MSDS and other safety precautions for 

use of flammable blowing agents used in 

the foam blowing industry. Use of HFC– 

365mfc will require safe handling and 

shipping as prescribed by the 

Occupational Safety and Health 

Administration (OSHA) and the 

Department of Transportation (for 

example, using personal safety 

equipment and following requirements 

for shipping hazardous materials at 49 

CFR parts 170 through 173). 

Toxicity and exposure data: Potential 

health effects of this substitute include 

irritation of the lungs, skin or eyes or 

frostbite. At high concentrations, the 

substitute may also cause irregular 

heartbeat, unconsciousness, or death. 

The substitute could cause 

asphyxiation, if air is displaced by 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50133 

vapors in a confined space. These 

potential health effects are common to 

many foam blowing agents. 

EPA anticipates that HFC–365mfc 

will be used consistent with the 

recommendations specified in the 

manufacturer’s MSDSs. The 

manufacturer recommends a workplace 

exposure limit of 1000 ppm on an 8- 

hour time-weighted average for HFC– 

365mfc. EPA anticipates that users will 

be able to meet the manufacturer’s 

recommended workplace exposure 

limits and will be able to address 

potential health risks by following 

requirements and recommendations in 

the MSDSs and other safety precautions 

common in the foam blowing industry. 

Comparison to other foam blowing 

agents: HFC–365mfc is not ozone 

depleting in contrast to the ozone 

depleting substances which it replaces. 

(HCFC–141b has an ODP of 0.12 (WMO, 

2006).) In its lack of risk for ozone 

depletion, HFC–365mfc is comparable 

to other non-ozone-depleting substitutes 

for HCFC–141b, such as HFC–134a and 

HFC–245fa. HFC–365mfc’s GWP is 794, 

comparable to or lower than that of 

other substitutes for HCFC–141b. For 

example, the GWP of HFC–134a is about 

1430 and the GWP of HFC–245fa is 

about 1030. Additionally, the GWP for 

HFC–365mfc is comparable to the GWP 

for the ozone-depleting substance it will 

replace. (The GWP of HCFC–141b is 725 

(WMO, 2006)). Flammability risks can 

be addressed by procedures common in 

the industry. The toxicity risks are low, 

as discussed above. Thus, we find that 

HFC–365mfc is acceptable because it 

does not pose a greater overall risk to 

public health and the environment than 

the other substitutes acceptable in the 

end use listed above. 

4. Blends of HFC–365mfc and HFC– 

245fa 

EPA’s decision: Blends of HFC– 

365mfc and HFC–245fa containing at 

least 5% HFC–245fa are acceptable as 

substitutes for HCFC–141b in: 

• Rigid Polyurethane Spray, 

Commercial Refrigeration and Sandwich 

Panels 

Additional information about HFC– 

365mfc is in the decision above in this 

section. HFC–245fa is also known as 

1,1,1,3,3-pentafluoropropane (CAS Reg. 

No. 460–73–1). EPA previously found 

HFC–245fa acceptable as a foam 

blowing agent, as an aerosol solvent, 

and as a refrigerant (August 21, 2003, 68 

FR 50533; March 22, 2002, 76 FR 13272; 

June 19, 2000, 65 FR 37900; March 29, 

2006; 71 FR 15589). The submitter 

expects that users would use blends 

containing at least 5 percent HFC–245fa 

by weight with the remainder being 

HFC–365mfc, with blends typically 

containing 30 to 70 percent HFC–245fa 

and 70 to 30 percent HFC–365mfc. You 

may find the information on blends of 

HFC–365mfc and HFC–245fa under 

Docket item EPA–HQ–OAR–2003– 

0118–0227 at http:// 

www.regulations.gov. 

Environmental information: For 

environmental information about HFC– 

365mfc, see the decision above in this 

section. HFC–245fa has no ODP. HFC– 

245fa has a GWP of 1030 and an 

atmospheric lifetime of 7.6 years (IPCC, 

2007). HFC–245fa is not a VOC as 

defined under Clean Air Act regulations 

(see 40 CFR 51.100(s)) addressing the 

development of SIPs to attain and 

maintain the national ambient air 

quality standards. 

Flammability information: HFC– 

365mfc is mildly flammable with a 

flashpoint below ¥27 °C, while HFC– 

245fa is non-flammable. Blends of HFC– 

365mfc and HFC–245fa containing at 

least 5% HFC–245fa by weight will not 

be flammable. Blends will require safe 

handling and shipping as prescribed by 

the Occupational Safety and Health 

Administration (OSHA) and the 

Department of Transportation (for 

example, using personal safety 

equipment and following requirements 

for shipping hazardous materials at 49 

CFR parts 170 through 173). 

Toxicity and exposure data: Potential 

health effects of this substitute include 

irritation of the lungs, skin or eyes or 

frostbite. At high concentrations, the 

substitute may also cause irregular 

heartbeat, unconsciousness, or death. 

The substitute could cause 

asphyxiation, if air is displaced by 

vapors in a confined space. These 

potential health effects are common to 

many foam blowing agents. 

EPA anticipates that blends of HFC– 

365mfc and HFC–245fa will be used 

consistent with the recommendations 

specified in the manufacturer’s MSDSs. 

The manufacturer recommends a 

workplace exposure limit of 1000 ppm 

on an 8-hour time-weighted average for 

HFC–365mfc. The American Industrial 

Hygiene Association (AIHA) 

recommends a workplace 

environmental exposure limit (WEEL) of 

300 ppm on an 8-hour time-weighted 

average for HFC–245fa. EPA anticipates 

that users will be able to meet the 

manufacturer’s recommended 

workplace exposure limits and the 

AIHA WEEL and will be able to address 

potential health risks by following 

requirements and recommendations in 

the MSDSs and other safety precautions 

common in the foam blowing industry. 

Comparison to other foam blowing 

agents: Blends of HFC–365mfc and 

HFC–245fa are not ozone depleting in 

contrast to the ozone depleting 

substances which they replace. (HCFC– 

141b has an ODP of 0.12 (WMO, 2006).) 

In their lack of risk for ozone depletion, 

blends of HFC–365mfc and HFC–245fa 

are comparable to other non-ozonedepleting substitutes for HCFC–141b, 

such as HFC–134a and HFC–245fa 

alone. Blends of HFC–365mfc and HFC– 

245fa will have average GWP ranging 

from 865 to 960, comparable to or lower 

than that of other substitutes for HCFC– 

141b. For example, the GWP of HFC– 

134a is about 1430 and the GWP of 

HFC–245fa alone is about 1030. The 

GWPs for blends of HFC–365mfc and 

HFC–245fa are comparable to the GWP 

for the ozone-depleting substance they 

will replace. (The GWP of HCFC–141b 

is 725 (WMO, 2006)). Flammability risks 

of the blend are low, as discussed above. 

The toxicity risks are low, as discussed 

above. Thus, we find that blends of 

HFC–365mfc and HFC–245fa are 

acceptable because they do not pose a 

greater overall risk to public health and 

the environment than the other 

substitutes acceptable in the end use 

listed above. 

II. Section 612 Program 

A. Section 612 Statutory and Regulatory 

Background 

Section 612 of the Clean Air Act 

(CAA) requires EPA to develop a 

program for evaluating alternatives to 

ozone-depleting substances. EPA refers 

to this program as the Significant New 

Alternatives Policy (SNAP) program. 

The major provisions of section 612 are: 

1. Rulemaking 

Section 612(c) requires EPA to 

promulgate rules making it unlawful to 

replace any class I (e.g., 

chlorofluorocarbon, halon, carbon 

tetrachloride, methyl chloroform, 

methyl bromide, and 

hydrobromofluorocarbon) or class II 

(e.g., 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. 

2. Listing of Unacceptable/Acceptable 

Substitutes 

Section 612(c) requires EPA to 

publish a list of the substitutes 

unacceptable for specific uses and to 

publish a corresponding list of 

acceptable alternatives for specific uses. 

The list of acceptable substitutes may be 


sroberts on DSKD5P82C1PROD with RULES
50134 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

found at http://www.epa.gov/ozone/ 

snap/lists/index.html and the lists of 

unacceptable substitutes, substitutes 

acceptable subject to use conditions and 

substitutes acceptable subject to 

narrowed use limits may be found at 40 

CFR part 82 subpart G. 

3. Petition Process 

Section 612(d) grants the right to any 

person to petition EPA to add a 

substance to, or delete a substance from, 

the lists published in accordance with 

section 612(c). The Agency has 90 days 

to grant or deny a petition. Where the 

Agency grants the petition, EPA must 

publish the revised lists within an 

additional six months. 

4. 90-Day Notification 

Section 612(e) directs EPA to require 

any person who produces a chemical 

substitute for a class I substance to 

notify the Agency not less than 90 days 

before new or existing chemicals are 

introduced into interstate commerce for 

significant new uses as substitutes for a 

class I substance. The producer must 

also provide the Agency with the 

producer’s unpublished health and 

safety studies on such substitutes. 

5. Outreach 

Section 612(b)(1) states that the 

Administrator shall seek to maximize 

the use of Federal research facilities and 

resources to assist users of class I and 

II substances in identifying and 

developing alternatives to the use of 

such substances in key commercial 

applications. 

6. Clearinghouse 

Section 612(b)(4) requires the Agency 

to set up a public clearinghouse of 

alternative chemicals, product 

substitutes, and alternative 

manufacturing processes that are 

available for products and 

manufacturing processes which use 

class I and II substances. 

7. EPA’s Regulations Implementing 

Section 612 

On March 18, 1994, EPA published 

the original rulemaking (59 FR 13044) 

which established the process for 

administering the SNAP program and 

issued EPA’s first lists identifying 

acceptable and unacceptable substitutes 

in the major industrial use sectors. 40 

CFR part 82, subpart G. These sectors 

include: refrigeration and air 

conditioning; foam blowing; solvents 

cleaning; fire suppression and explosion 

protection; sterilants; aerosols; 

adhesives, coatings and inks; and 

tobacco expansion. These sectors 

comprise the principal industrial sectors 

that historically consumed the largest 

volumes of ODS. 

For the purposes of SNAP, the Agency 

defines a ‘‘substitute’’ as any chemical, 

product substitute, or alternative 

manufacturing process, whether existing 

or new, intended for use as a 

replacement for a class I or class II 

substance in a sector that has 

historically used ODS. Anyone who 

produces a substitute must provide the 

Agency with health and safety studies 

on the substitute at least 90 days before 

introducing it into interstate commerce 

for significant new use as an alternative. 

This requirement applies to substitute 

manufacturers, but may include 

importers, formulators, or end-users, 

when they are responsible for 

introducing a substitute into commerce. 

B. Regulatory History 

On March 18, 1994, EPA published 

the final rulemaking (59 FR 13044) that 

described the process for administering 

the SNAP program and issued our first 

acceptability lists for substitutes in the 

major industrial use sectors. These 

sectors include: 

• Refrigeration and air conditioning; 

• Foam blowing; 

• Solvents cleaning; 

• Fire suppression and explosion 

protection; 

• Sterilants; 

• Aerosols; 

• Adhesives, coatings and inks; and 

• Tobacco expansion. 

These sectors comprise the principal 

industrial sectors that historically 

consumed the largest volumes of ozonedepleting compounds. 

As described in the original rule for 

the SNAP program, EPA does not 

believe that rulemaking procedures are 

required to list alternatives as 

acceptable with no limitations. Such 

listings do not impose any sanction, nor 

do they remove any prior license to use 

a substance. Therefore, by this notice we 

are adding substances to the list of 

acceptable alternatives without first 

requesting comment on new listings. 

However, we do believe that noticeand-comment rulemaking is required to 

place any substance on the list of 

prohibited substitutes, to list a 

substance as acceptable only under 

certain conditions, to list substances as 

acceptable only for certain uses, or to 

remove a substance from the lists of 

prohibited or acceptable substitutes. We 

publish updates to these lists as separate 

notices of rulemaking in the Federal 

Register. 

The Agency defines a ‘‘substitute’’ as 

any chemical, product substitute, or 

alternative manufacturing process, 

whether existing or new, intended for 

use as a replacement for a class I or class 

II substance. Anyone who plans to 

market or produces a substitute for an 

ODS in one of the eight major industrial 

use sectors must provide EPA with 

health and safety studies on the 

substitute at least 90 days before 

introducing it into interstate commerce 

for significant new use as an alternative. 

This requirement applies to substitute 

manufacturers, but may include 

importers, formulators, or end-users, 

when they are responsible for 

introducing a substitute into commerce. 

You can find a complete chronology 

of SNAP decisions and the appropriate 

Federal Register citations from the 

SNAP section of EPA’s Ozone Depletion 

World Wide Web site at http:// 

www.epa.gov/ozone/snap/chron.html. 

This information is also available from 

the Air Docket (see ADDRESSES section 

above for contact information). 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Dated: September 11, 2009. 

Jackie Krieger, 

Acting Director, Office of Atmospheric 

Programs. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS

End-use Substitute Decision Further information 

Refrigeration and Air Conditioning 

Retail food refrigeration (new) R–744 (CO2) as a substitute for 

CFC–12, R–502, HCFC–22, and 

blends containing HCFC–22.

Acceptable ... Observe recommendations in the equipment manufacturers’ guidance manual and MSDSs and follow the guidelines of ASHRAE 15. 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50135 

APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued 

End-use Substitute Decision Further information 

Cold storage warehouses 

(new).

R–744 (CO2) as a substitute for 

CFC–12, R–502, HCFC–22, and 

blends containing HCFC–22.

Acceptable ... Observe recommendations in the equipment manufacturers’ guidance manual and MSDSs and follow the guidelines of ASHRAE 15. 

Non-mechanical heat transfer 

(retrofit and new).

C6-perfluoroketone as a substitute 

for CFC–113.

Acceptable ... Observe recommendations in the equipment manufacturer’s guidance and MSDS. The manufacturer recommends an acceptable exposure limit of 150 ppm on 

an 8-hr time-weighted average. 

Foam Blowing 

Rigid Polyurethane Appliance 

Foam.

HFO–1234ze as a substitute for 

CFCs and HCFCs.

Acceptable ... HFO–1234ze is non-flammable and has a 100-year global 

warming potential of 6. Its CAS Reg. No. is 29118–24– 

9. 

EPA recommends a preliminary acceptable exposure limit 

of 375 ppm on an 8-hr time-weighted average. Use of 

HFO–1234ze must be in accord with EPA’s final decision under the Toxic Substances Control Act (TSCA). 

HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by the Occupational Safety and Health Administration (OSHA) and the Department of Transportation 

(DOT) (for example, using personal safety equipment 

and following requirements for shipping hazardous materials at 49 CFR parts 170 through 173). Its CAS Reg. 

No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Rigid Polyurethane Commercial Refrigeration and Sandwich Panels.HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). 

Rigid Polyurethane Spray, 

Commercial Refrigeration, 

and Sandwich Panels.

HFO–1234ze as a substitute for 

CFCs and HCFCs.

Acceptable ... HFO–1234ze is non-flammable and has a 100-year global 

warming potential of 6. Its CAS Reg. No. is 29118–24– 

9. 

EPA recommends a preliminary acceptable exposure limit 

of 375 ppm on an 8-hr time-weighted average. Use of 

HFO–1234ze must be in accord with EPA’s final decision under TSCA. 

Blends of HFC–365mfc and HFC– 

245fa (at least 5% HFC–245fa 

by weight) as substitutes for 

HCFC–141b.

Acceptable ... Blends of HFC–365mfc and HFC–245fa containing at 

least 5% HFC–245fa by weight are non-flammable. Typical blends contain 30 to 70% HFC–245fa and 70 to 

30% HFC–365mfc. Observe recommendations in the 

manufacturer’s MSDS and guidance for using these 

blends. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Flexible Polyurethane ............. HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 


sroberts on DSKD5P82C1PROD with RULES
50136 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 

APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued 

End-use Substitute Decision Further information 

Integral Skin Polyurethane ..... HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Polystyrene Extruded Sheet .. HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Polyolefin ................................ HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. 

Follow safe handling and shipping as prescribed by OSHA 

and DOT (for example, using personal safety equipment 

and following requirements for shipping hazardous materials at 49 CFR parts 170 through 173). Its CAS Reg. 

No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Rigid Polyurethane Slabstock 

and Other.

HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Polystyrene, Extruded 

Boardstock & Billet.

HFO–1234ze as a substitute for 

CFCs and HCFCs.

Acceptable ... HFO–1234ze is non-flammable and has a 100-year global 

warming potential of 6. Its CAS Reg. No. is 29118–24– 

9. 

EPA recommends a preliminary acceptable exposure limit 

of 375 ppm on an 8-hr time-weighted average. Use of 

HFO–1234ze must be in accord with EPA’s final decision under TSCA. 

HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Rules and Regulations 50137 

APPENDIX A—SUMMARY OF ACCEPTABLE DECISIONS—Continued 

End-use Substitute Decision Further information 

Rigid Polyurethane & 

Polyisocyanurate Laminated 

Boardstock.

HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

Formacel® TI as a substitute for 

HCFC–22 and HCFC–142b.

Acceptable ... Observe recommendations in the manufacturer’s MSDS 

and guidance for using these blends. 

Phenolic Insulation Board & 

Bunstock.

HFC–365mfc as a substitute for 

HCFC–141b.

Acceptable ... HFC–365mfc is mildly flammable and has a 100-year 

global warming potential of 794. Observe recommendations in the manufacturer’s MSDS and guidance for 

using this compound, particularly to address its potential 

flammability. Follow safe handling and shipping as prescribed by OSHA and DOT (for example, using personal safety equipment and following requirements for 

shipping hazardous materials at 49 CFR parts 170 

through 173). Its CAS Reg. No. is 405–58–6. 

[FR Doc. E9–23470 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0814; FRL–8436–5] 

Thiamethoxam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for combined residues of 

thiamethoxam (3-[(2-chloro-5- 

thiazolyl)methyl]tetrahydro-5-methyl-Nnitro-4H-1,3,5-oxadiazin-4-imine) and 

its metabolite CGA-322704, [N-(2- 

chloro-thiazol-5-ylmethyl)-N’-methylN’-nitro-guanidine, calculated as the 

stoichiometric equivalent of 

thiamethoxam, in or on: avocado; berry, 

low growing, subgroup 13-07G, except 

cranberry; black sapote; bushberry 

subgroup 13-07B, except lingonberry 

and blueberry, lowbush; caneberry 

subgroup 13-07A; canistel; fruit, small, 

vine climbing, subgroup 13-07F, except 

fuzzy kiwifruit; mamey sapote; mango; 

papaya; rice, grain; sapodilla; star apple; 

and vegetable, root, subgroup 1A. 

Interregional Research Project Number 4 

(IR–4) and Syngenta Crop Protection, 

Inc., requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). In addition, this 

regulation amends existing tolerances 

for combined residues of thiamethoxam 

and its metabolite CGA-322704 in or on: 

cattle, meat byproducts; goat, meat 

byproducts; horse, meat byproducts; 

and sheep, meat byproducts. Syngenta 

Crop Protection, Inc., requested these 

amended tolerances under FFDCA. 

DATES: This regulation is effective 

September 30, 2009. Objections and 

requests for hearings must be received 

on or before November 30, 2009, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0814. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Julie 

Chao, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8735; e-mail address: 

chao.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 


sroberts on DSKD5P82C1PROD with RULES