37900 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

OHIO—OZONE

[1-hour standard]

Designated area

Designation Classification

Date 1 Type Date 1 Type

Cincinnati-Hamilton Area:

Boone County .................................................................. 6/19/00 Attainment.

Campbell County .............................................................. 6/19/00 Attainment.

Kenton County ................................................................. 6/19/00 Attainment.

*******

1This date is November 15, 1990 unless otherwise noted.

* * * * *

[FR Doc. 00–15294 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 82

[FRL–6718–2]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection

Agency.

ACTION: Notice of acceptability.

SUMMARY: This document expands the

list of acceptable substitutes for ozonedepleting substances (ODS) under the

U.S. Environmental Protection Agency’s

(EPA) Significant New Alternatives

Policy (SNAP) program.

EFFECTIVE DATE: June 19, 2000.

ADDRESSES: Information relevant to this

document is contained in Air Docket A–

91–42, Central Docket Section, South

Conference Room 4, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, telephone: (202)

260–7548. The docket may be inspected

between 8:00 a.m. and 5:30 p.m.

weekdays. As provided in 40 CFR part

2, a reasonable fee may be charged for

photocopying.

FOR FURTHER INFORMATION CONTACT:

Anhar Karimjee at (202) 564–2683 or fax

(202) 565–2095, U.S. Environmental

Protection Agency, Stratospheric

Protection Division, Mail Code 6205J,

Washington, DC 20460. Overnight or

courier deliveries should be sent to the

office location at 501 3rd Street, NW,

Washington, DC, 20001. The

Stratospheric Protection Hotline can be

reached at (800) 296–1996. Further

information can be found at EPA’s

Ozone Depletion World Wide Web site

at ‘‘http://www.epa.gov/ozone/title6/

snap/’’.

SUPPLEMENTARY INFORMATION:

I. Section 612 Program

A. Statutory Requirements

B. Regulatory History

II. Listing of Acceptable Substitutes

A. Refrigeration and Air Conditioning

B. Foam Blowing

III. Additional Information

Appendix A—Summary of Acceptable

Decisions

I. Section 612 Program

A. Statutory Requirements

Section 612 of the Clean Air Act

authorizes EPA to develop a program for

evaluating alternatives to ozonedepleting substances. EPA refers to this

program as the Significant New

Alternatives Policy (SNAP) program.

The major provisions of section 612 are:

• Rulemaking—Section 612(c)

requires EPA to promulgate rules

making it unlawful to replace any class

I (chlorofluorocarbon, halon, carbon

tetrachloride, methyl chloroform,

methyl bromide, and

hydrobromofluorocarbon) or class II

(hydrochlorofluorocarbon) substance

with any substitute that the

Administrator determines may present

adverse effects to human health or the

environment where the Administrator

has identified an alternative that (1)

reduces the overall risk to human health

and the environment, and (2) is

currently or potentially available.

• Listing of Unacceptable/Acceptable

Substitutes—Section 612(c) also

requires EPA to publish a list of the

substitutes unacceptable for specific

uses. EPA must publish a corresponding

list of acceptable alternatives for

specific uses.

• Petition Process—Section 612(d)

grants the right to any person to petition

EPA to add a substance to or delete a

substance from the lists published in

accordance with section 612(c). The

Agency has 90 days to grant or deny a

petition. Where the Agency grants the

petition, EPA must publish the revised

lists within an additional 6 months.

• 90-day Notification—Section 612(e)

requires EPA to require any person who

produces a chemical substitute for a

class I substance to notify the Agency

not less than 90 days before new or

existing chemicals are introduced into

interstate commerce for significant new

uses as substitutes for a class I

substance. The producer must also

provide the Agency with the producer’s

unpublished health and safety studies

on such substitutes.

• Outreach—Section 612(b)(1) states

that the Administrator shall seek to

maximize the use of federal research

facilities and resources to assist users of

class I and II substances in identifying

and developing alternatives to the use of

such substances in key commercial

applications.

• Clearinghouse—Section 612(b)(4)

requires the Agency to set up a public

clearinghouse of alternative chemicals,

product substitutes, and alternative

manufacturing processes that are

available for products and

manufacturing processes which use

class I and II substances.

B. Regulatory History

On March 18, 1994, EPA published

rulemaking (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; solvents

cleaning; fire suppression and explosion

protection; sterilants; aerosols;

adhesives, coatings and inks; and

tobacco expansion. These sectors

compose the principal industrial sectors

that historically consumed the largest

volumes of ozone-depleting compounds.

As described in this 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. Consequently, by this

notice EPA is adding substances to the

list of acceptable alternatives without

first requesting comment on new

listings.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37901

EPA does, however, believe that

notice-and-comment rulemaking is

required to place any substance on the

list of prohibited substitutes, to list a

substance as acceptable only under

certain conditions, to list substances as

acceptable only for certain uses, or to

remove a substance from either the list

of prohibited or acceptable substitutes.

Updates to these lists are published as

separate notices of rulemaking in the

Federal Register.

The Agency defines a ‘‘substitute’’ as

any chemical, product substitute, or

alternative manufacturing process,

whether existing or new, intended for

use as a replacement for a class I or class

II substance. Anyone who produces a

substitute must provide the Agency

with health and safety studies on the

substitute at least 90 days before

introducing it into interstate commerce

for significant new use as an alternative.

This requirement applies to substitute

manufacturers, but may include

importers, formulators or end-users,

when they are responsible for

introducing a substitute into commerce.

A complete chronology of SNAP

decisions and the appropriate Federal

Register citations can be found at EPA’s

Ozone Depletion World Wide Web site

at http://www.epa.gov/ozone/title6/

snap/chron.html. This information is

also available from the Air Docket (see

ADDRESSES section above for contact

information).

II. Listing of Acceptable Substitutes

This section presents EPA’s most

recent acceptable listing decisions for

substitutes in the refrigeration and

foams sectors. For copies of the full list

of SNAP decisions in all industrial

sectors, contact the EPA Stratospheric

Protection Hotline at (800) 296–1996.

The sections below presents a

detailed discussion of the substitute

listing. The table summarizing today’s

listing decisions is in Appendix A. The

comments contained in the table in

Appendix A provide additional

information, but are not legally binding

under section 612 of the Clean Air Act.

Thus, adherence to recommendations in

the comments section of the table is not

mandatory for use of a substitute. In

addition, such comments should not be

considered comprehensive with respect

to other legal obligations pertaining to

the use of the substitute. However, EPA

strongly encourages users of acceptable

substitutes to apply all such comments

to their use of these substitutes. In many

instances, the comments simply refer to

standardized operating practices that

have already been identified in existing

industry and/or building-code

standards. Thus, many of these

comments, if adopted, would not

require significant changes in existing

operating practices for the affected

industry.

A. Refrigeration and Air Conditioning

1. Acceptable Substitutes

(a) HFC–4310mee. HFC–4310mee is

acceptable as a substitute for CFCs and

HCFCs in non-mechanical heat transfer

applications. Heat transfer applications

are ‘‘all cooling systems that rely on

convection to remove heat from an area,

rather than relying on mechanical

refrigeration’’ (59 CFR 13071). HFC–

4310mee is nonflammable and has no

ozone depletion potential. However, it

does have a 100-year global warming

potential of 1700. The potential of HFC–

4310mee to contribute to global

warming may be mitigated in this enduse through the implementation of the

venting prohibition under section

608(c)(2) of the Clean Air Act. HFC–

4310mee is already acceptable as a

substitute in all solvent cleaning enduses subject to a 200 part per million

(ppm) time-weighted average workplace

exposure limit and a 400 ppm

workplace exposure ceiling (61 FR

54029, 64 FR 30410). The same

industry-established acceptable

exposure limits apply in this end-use.

(b) IkonB. IkonB, a blend of

trifluoroiodomethane (CF3I), HFC–134a

and HFC–152a, is acceptable as a

substitute for CFC–12 in household

refrigerators and freezers. IkonB was

listed as acceptable in various

refrigeration and air conditioning enduses in a December 6, 1999 SNAP notice

(64 FR 68039). Fractionation and

flammability testing have determined

that although HFC–152a is flammable,

IkonB as blended is not, and further

testing has shown that it does not

become flammable after leakage. IkonB

has virtually no ozone depleting

potential. It contains two constituents

with moderate global warming

potentials. The potential of these

constituents for contributing to global

warming may be mitigated in this enduse through the implementation of the

venting prohibition under section

608(c)(2) of the Clean Air Act.

(c) IkonA. IkonA, a blend of

trifluoroiodomethane (CF3I) and HFC–

152a, is acceptable as a substitute for

CFC–12 in the following end-uses:

• Commercial comfort air

conditioning;

• Industrial process refrigeration and

air conditioning;

• Cold storage warehouses;

• Refrigerated transport;

• Retail food refrigeration;

• Vending machines;

• Water coolers;

• Commercial ice machines; and

• Household refrigerators and

freezers.

IkonA, also known as Ikon-12 or Blend

Zeta, was listed as acceptable as a

substitute for CFC–12 in retrofitted and

new motor vehicle air conditioners in a

May 22, 1996 SNAP notice (61 FR

25585). Fractionation and flammability

testing have determined that although

HFC–152a is flammable, the blend is not

flammable; further testing has shown

that it does not become flammable after

leakage. IkonA has virtually no ozone

depleting potential. The blend does

contain HFC–152a which has a global

warming potential of 190 over a 100-

year integrated time horizon. The

potential of this constituent for

contributing to global warming may be

mitigated in each end-use through the

implementation of the venting

prohibition under section 608(c)(2) of

the Clean Air Act.

(d) HFC–245fa. HFC–245fa is

acceptable as a substitute for CFC–11 in

new commercial comfort air

conditioning applications (commercial

chillers). HFC–245fa contains no

chlorine or bromine; therefore, it has no

ozone depletion potential. Although its

100-year global warming potential is

approximately 1000, the potential of

HFC–245fa to contribute to global

warming may be mitigated in this enduse through the implementation of the

venting prohibition under section

608(c)(2) of the Clean Air Act. HFC–

245fa is also non-flammable. EPA

anticipates that HFC–245fa will be used

in such a manner so that any

recommendations specified in the

manufacturers’ Material Safety Data

Sheets (MSDSs) are followed. The

Agency also expects that the workplace

environmental exposure will not exceed

the American Industrial Hygiene

Association’s (AIHA) limit of 300 ppm.

In 1994, the SNAP program developed

a guidance document entitled

‘‘Choosing the Optimal Chiller in the

Face of a CFC Phaseout’’. This guidance

was written to assist building owners

and operators making decisions on the

retrofit or replacement of their existing

chillers in light of the phaseout of CFCs.

The guidance stresses that the optimal

way to select new equipment is to

consider a comprehensive set of criteria

including ozone depletion potential,

global warming potential, energy

efficiency, toxicity, occupational

exposure, consumer exposure,

ecological effects, flammability and cost.

It highlights that each refrigerant has

advantages and disadvantages and that

one option is not likely to satisfy the

37902 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

optimal requirement for every

circumstance.

EPA has determined that HFC–245fa

is acceptable from an overall health and

environmental perspective and may

potentially play an important role in the

phaseout of ozone depleting substances.

However, it is imperative that building

owners and operators evaluate

refrigerants from a technical standpoint

to determine which option is superior

for their specific application. For

example, a refrigerant may prove

suitable and highly efficient for a

particular chiller capacity range, but not

necessarily for all ranges. To obtain

copies of the EPA guidance mentioned

above, technical information submitted

by the manufacturers of HFC–245fa and

industry expert evaluations of HFC–

245fa, contact EPA’s Air Docket at (202)

260–7548 (Reference A–91–42, IX–B–52

through 56).

(e) Small auxiliary power units which

include an engine, electrical alternator,

water pump, air conditioning

compressor, and a heat exchanger that

are used in tractor trailers in

conjunction with passenger

compartment climate control systems

that use a SNAP-accepted refrigerant.

Small auxiliary power units which

include an engine, electrical alternator,

water pump, air conditioning

compressor and a heat exchanger used

in tractor trailers in conjunction with

passenger compartment climate control

systems that already use an acceptable

substitute refrigerant, are acceptable as

substitutes for CFC–12 in motor vehicle

air conditioners. These systems have

been developed for use in heavy duty

trucks that contain sleeper

compartments. Currently these trucks

must continually idle while the vehicle

is parked and the driver is resting in the

sleeper compartment, to power a

conventional air-conditioner or heater

when cooling or heating comfort is

needed. These power units will allow

the provision of cooling/heating comfort

while the engine is off, and although the

unit is powered by a small diesel

engine, emissions are reduced

dramatically.

The main engine of the truck operates

the existing truck air conditioning and

heating system in a normal manner

when the engine is running. When air

conditioning or heating is required and

the main engine is not running, the

auxiliary power unit operates the air

conditioning or heating system. The

unit includes its own engine, air

conditioning compressor, alternator,

water pump, and heat exchanger. The

unit works in conjunction with the

existing truck air conditioning and

heating components to supply the

desired air conditioning or heating

capacity.

After reviewing the technology of the

auxiliary power system submitted in the

SNAP application, the SNAP review

found no safety or environmental

concerns associated with its use in

trucks. EPA acknowledges the existence

of such a system and recognizes the

potential merits. This type of technology

can significantly lower fuel

consumption and reduce pollutant

emissions of nitrous oxides, carbon

monoxide, carbon dioxide, sulfuric

oxides, and particulate matter.

B. Foam Blowing

1. Acceptable Substitutes

(a) Vacuum panels. Vacuum panels

are acceptable as substitutes for HCFC

blown rigid polyurethane appliance

foam. EPA defines a substitute as ‘‘any

chemical, product substitute, or

alternative manufacturing process’’ (59

FR 13050). The Agency listed vacuum

panels as acceptable substitutes for

CFC–11 blown rigid polyurethane

appliance foam on January 13, 1995 (60

FR 3318). Today’s decision makes

vacuum panels also acceptable as

substitutes for HCFC blown

polyurethane foam.

(b) 2-Chloropropane. 2-Chloropropane

(isopropyl chloride) is acceptable as a

substitute for HCFCs in rigid

polyurethane and polyisocyanurate

laminated boardstock foam. This nonozone-depleting chemical was listed as

acceptable as a substitute for CFC–11 in

rigid polyurethane and

polyisocyanurate laminated boardstock

foam and phenolic insulation board in

the original SNAP rulemaking on March

18, 1994 (59 FR 13044). 2-

Chloropropane has no global warming

potential. An analysis of the

decomposition products of 2-

chloropropane shows that

concentrations are well below the 1500

parts per million (ppm) limit that EPA

has determined to be of concern. This

analysis can be obtained through EPA’s

Air Docket at (202) 260–7548 (Reference

A–91–42, IX–B–57). Although exposure

to foam blown with 2-chloropropane

poses essentially no risk to the

consumer, exposure during

manufacturing could pose a risk.

Analysis of toxicity data available

suggest an acceptable exposure limit of

350 ppm (8-hour Time Weighted

Average). This analysis can also be

obtained through EPA’s Air Docket at

(202) 260–7548 (Reference A–91–42,

IX–B–58). Because 2-chloropropane is

flammable, appropriate fire control

measures should be in place throughout

the foam manufacturing process

including storage and handling of the

chemical.

III. Additional Information

Contact the Stratospheric Protection

Hotline at (800) 296–1996, MondayFriday, 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 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 all EPA publications

on protection of stratospheric ozone, are

available from EPA’s Ozone Depletion

World Wide Web site at ‘‘http://

www.epa.gov/ozone/title6/snap/’’ and

from the Stratospheric Protection

Hotline whose number is listed above.

List of Subjects in 40 CFR Part 82

Environmental protection,

Administrative practice and procedure,

Air pollution control, Reporting and

recordkeeping requirements.

Dated: June 2, 2000.

Paul Stolpman,

Director, Office of Atmospheric Programs,

Office of Air and Radiation.

APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS

End-use Substitute Decision Comments

Refrigeration and Air Conditioning

Non-Mechanical Heat Transfer ......................... HFC–4310mee for

CFCs and HCFCs.

Acceptable ................. EPA expects that the company-established

200 ppm time-weighted average workplace

exposure limit and 400 ppm workplace exposure ceiling will be met.

Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations 37903

APPENDIX A: SUMMARY OF ACCEPTABLE DECISIONS—Continued

End-use Substitute Decision Comments

Household Refrigerators and Freezers ............. Ikon B for CFC–12 ... Acceptable ................. EPA expects that manufacturers, installers

and servicers of refrigeration and air-conditioning systems will follow all applicable industry practices and technical standards,

including but not limited to standards

issued by the American Society of Heating,

Refrigeration and Air-conditioning Engineers (ASHRAE), and that exposures will

be kept within all applicable American Industrial Hygiene Association (AIHA) and

American Conference of Governmental Industrial Hygienists (ACGIH) occupational

exposure limits.

• Commercial Comfort Air Conditioning ...........

• Industrial Process Refrigeration and Air Conditioning

• Cold Storage Warehouses

• Refrigerated Transport

• Retail Food Refrigeration

• Vending Machines

• Water Coolers

• Commercial Ice Machines

• Household Refrigerators and Freezers

Ikon A for CFC–12 ... Acceptable ................. EPA expects that manufacturers, installers

and servicers of refrigeration and air-conditioning systems will follow all applicable industry practices and technical standards,

including but not limited to standards

issued by the American Society of Heating,

Refrigeration and Air-conditioning Engineers (ASHRAE), and that exposures will

be kept within all applicable American Industrial Hygiene Association (AIHA) and

American Conference of Governmental Industrial Hygienists (ACGIH) occupational

exposure limits.

Commercial Comfort Air Conditioning .............. HFC–245fa. for CFC–

11 (new only).

Acceptable ................. Building owners and operators should evaluate refrigerants from a technical standpoint

to determine which option is superior for

their specific application.

Small auxiliary power units which include an

engine, electrical alternator, water pump, air

conditioning compressor and a heat exchanger used in tractor trailers in conjunction with passenger compartment climate

control systems that already use an acceptable substitute refrigerant.

CFC–12 in motor vehicle air conditioners.Acceptable ................. EPA anticipates that installers and servicers

of refrigeration and air-conditioning systems will follow all applicable standard industry practices and technical standards.

Foam Blowing

Polyurethane Appliance Foam .......................... Vacuum panels .......... Acceptable.

Rigid Polyurethane and Polyisocyanurate

Boardstock.

2-chloropropane ......... Acceptable ................. Analysis of toxicity data available suggest an

acceptable exposure limit of 350 ppm (8-

hour Time Weighted Average).

[FR Doc. 00–15299 Filed 6–16–00; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000531162–0162–01; I.D.

042800B]

RIN 0648–AN49

Fisheries of the Northeastern United

States; Atlantic Sea Scallop Fishery,

Framework Adjustment 13; Northeast

Multispecies Fishery, Framework

Adjustment 34

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement measures contained in

Framework Adjustment 13 to the

Atlantic Sea Scallop Fishery

Management Plan (FMP) and

Framework Adjustment 34 to the

Northeast Multispecies FMP. This final

rule implements the 2000 Sea Scallop

Exemption Program (Exemption

Program), creates Sea Scallop

Exemption Areas (Exemption Areas) in

portions of multispecies Closed Area I

(CA I), Closed Area II (CA II), and the

Nantucket Lightship Closed Area

(NLCA) and includes the following

management measures: A possession

limit of up to 10,000 lb (4,356.0 kg) of

scallop meats per trip; a maximum

number of trips for each area; an

automatic minimum deduction of 10

days-at-sea (DAS) for each trip; a

minimum mesh twine-top of 10 inches

(25.40 cm); a yellowtail flounder total

allowable catch (TAC) of 725 metric

tons (mt) for CA I and CA II combined,

and 50 mt for the NLCA; and an

increase in the regulated species

possession limit from 300 lb (136.1 kg)

to 1,000 lb (435.6 kg) per trip, among

other measures. In addition, this action

modifies the scallop dredge gear

stowage requirements and corrects and

clarifies the ‘‘end of the year DAS carryover’’ provision for vessels participating

in the limited access scallop fishery.

The primary intent of this action is to

provide a continuation and an

expansion of a short-term strategy to

allow scallop dredge vessels access to

multispecies closed areas without