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Environmental Protection Agency 40 CFR Part 82

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Environmental Protection Agency 40 CFR Part 82 This document is a prepublication version, signed by Administrator Gina McCarthy on 9/26/2016. We have taken steps to ensure the accuracy of this version, but it is not the official version. The EPA Administrator, Gina McCarthy, signed the following document on 9/26/2016, and the Agency is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the document, it is not the official version. Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office's FDSys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (www.regulations.gov) in Docket No. EPA-HQ-OAR-2015-0663. Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the official version. 6560-50-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2015-0663; FRL-9952-18-OAR] RIN 2060-AS80 Protection of Stratospheric Ozone: New Listings of Substitutes; Changes of Listing Status; and Reinterpretation of Unacceptability for Closed Cell Foam Products under the Significant New Alternatives Policy Program; and Revision of Clean Air Act Section 608 Venting Prohibition for Propane AGENCY: Environmental Protection Agency (EPA). ACTION: Final Rule. SUMMARY: Pursuant to the U.S. Environmental Protection Agency’s (EPA) Significant New Alternatives Policy program, this action lists certain substances as acceptable, subject to use conditions; lists several substances as unacceptable; and changes the listing status for certain substances from acceptable to acceptable, subject to narrowed use limits, or to unacceptable. This action also exempts propane in certain refrigeration end-uses from the Clean Air Act section 608 prohibition on venting, release, or disposal. In addition, this action applies unacceptability determinations for foam-blowing agents to closed cell foam products and products containing closed cell foam that are manufactured or imported using these foam blowing agents. Page 1 of 400 This document is a prepublication version, signed by Administrator Gina McCarthy on 9/26/2016. We have taken steps to ensure the accuracy of this version, but it is not the official version. DATES: This rule is effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of [INSERT DATE 30 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ– OAR–2015-0663. All documents in the docket are listed on the http://www.regulations.gov web site. 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 electronically through http://www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue, NW. Washington, D.C. 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 and Radiation Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-7768; email address: [email protected]. Notices and rulemakings under EPA’s Significant New Alternatives Policy program are available on EPA’s Stratospheric Ozone website at https://www.epa.gov/snap/snap-regulations. SUPPLEMENTARY INFORMATION: Table of Contents Page 2 of 400 This document is a prepublication version, signed by Administrator Gina McCarthy on 9/26/2016. We have taken steps to ensure the accuracy of this version, but it is not the official version. I. General information A. Executive summary B. Does this action apply to me? C. What acronyms and abbreviations are used in the preamble? II. How does the SNAP program work? A. What are the statutory requirements and authority for the SNAP program? B. What are EPA’s regulations implementing CAA section 612? C. How do the regulations for the SNAP program work? D. What are the guiding principles of the SNAP program? E. What are EPA’s criteria for evaluating substitutes under the SNAP program? F. How are SNAP determinations updated? G. What does EPA consider in deciding whether to add a substance to or remove a substance from one of the SNAP lists? H. Where can I get additional information about the SNAP program? III. What actions and information related to greenhouse gases have bearing on this action? IV. How does this action relate to the Climate Action Plan and petitions received requesting a change in listing status for HFCs? A. Climate Action Plan B. Summary of petitions V. How does EPA regulate substitute refrigerants under CAA section 608? A. What are the statutory requirements concerning venting, release, or disposal of refrigerants and refrigerant substitutes under CAA section 608? B. What are EPA’s regulations concerning venting, release, or disposal of refrigerant substitutes? VI. What is EPA finalizing in this action? A. Refrigeration and stationary air conditioning 1. Acceptable listing of propane in new commercial ice machines, water coolers, and very low temperature refrigeration equipment 2. Exemption for Propane from the venting prohibition under CAA section 608 for the end-uses in the new SNAP listing 3. Unacceptable listing of certain flammable refrigerants for retrofits in unitary split AC systems and heat pumps 4. Unacceptable listing of propylene and R-443A in new residential and light commercial AC and heat pumps, cold storage warehouses, and centrifugal and positive displacement chillers 5. Change of listing status for certain HFC refrigerants for new centrifugal chillers and for new positive displacement chillers 6. Change of listing status for certain HFC refrigerants for new cold storage warehouses 7. Change of listing status for certain HFC refrigerants for new retail food refrigeration (refrigerated food processing and dispensing equipment) 8. Change of listing status for certain HFC refrigerants for new household refrigerators and freezers B. Motor vehicle air conditioning 1. Background 2. What is EPA’s final decision? Page 3 of 400 This document is a prepublication version, signed by Administrator Gina McCarthy on 9/26/2016. We have taken steps to ensure the accuracy of this version, but it is not the official version. 3. How is EPA responding to comments? C. Foam blowing agents 1. Change of listing status for certain HFC foam blowing agents for rigid PU spray foam 2. Revision to change of status date for narrowed use limits for space- and aeronautics-related foam applications 3. Change of listing status for methylene chloride in foams 4. Closed cell foam products D. Fire suppression and explosion protection 1. Acceptable listing of 2-BTP for total flooding and streaming 2. Change of listing status for certain perfluorocarbons for total flooding 3. Removal of use conditions for Powdered Aerosol D VII. How is EPA responding to other public comments? A. General comments 1. Proposed status listing changes 2. Proposed status change dates B. Authority 1. General authority 2. GWP considerations 3. SNAP review criteria and guiding principles 4. Petitions 5. Application of criteria for review of alternatives C. Cost and economic impacts 1. Costs of rule 2. EPA’s cost analysis and small business impacts screening analysis D. Environmental impacts of status changes 1. General comments 2. EPA’s climate benefits analysis 3. Energy efficiency E. Interactions with other rules F. Other suggestions or requests VIII. Statutory and executive order review A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 Page 4 of 400 This document is a prepublication version, signed by Administrator Gina McCarthy on 9/26/2016. We have taken steps to ensure the accuracy of this version, but it is not the official version. J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act IX. References I. General Information A. Executive summary Under section 612 of the Clean Air Act (CAA), EPA is required to evaluate substitutes1 to ozone-depleting substances (ODS) for their risks to human health and the environment. EPA reviews substitutes within a comparative risk framework. More specifically, section 612 provides that EPA must prohibit the use of a substitute where EPA has determined that there are other available alternatives that pose less overall risk to human health and the environment. Thus, EPA’s Significant New Alternatives Policy (SNAP) program, which implements section 612, does not provide a static list of alternatives. Instead, the list evolves as EPA makes decisions informed by our overall understanding of the environmental and human health impacts as well as our current knowledge about other alternatives. In the more than twenty years since the initial SNAP rule was promulgated, EPA has modified the SNAP lists many times, most often by expanding the list of acceptable substitutes.
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