Protection of Stratospheric Ozone: Listing of Substitutes under the Significant New Alternatives Policy Program

NRDC (Natural Resources Defense Council) appreciates the opportunity to provide input on the Environmental Protection Agency's (EPA) proposal to approve three hydrofluorocarbon (HFC) blends as acceptable blowing agents in the production of extruded polystyrene (XPS) foams. EPA is proposing to list three HFC blends as acceptable subject to narrowed use limits, adding a sunset date to the "acceptable" status of the blends. The current proposal specifies that the blends will be listed as acceptable through January 1, 2023 and will no longer be acceptable after that date. NRDC continues to oppose listing the three HFC blends as acceptable. The approval of these blends is technologically unnecessary and a step backward from a climate perspective. The HFC blends that EPA proposes to list as acceptable contain more than 50% HFC-134a, a potent greenhouse gas responsible for the high global warming potential (GWP) values of the blends that range between 580 and 750. These values are comparable to substitutes that have already been moved to the prohibited list, such as HFC-365mfc, which has a GWP of 794. In response to the 2020 Notice of Proposed Rulemaking (NPRM), NRDC opposed EPA's proposal to approve those blends. We continue to maintain that the approval of these blends is unnecessary since suitable alternatives are in use across the world and in North America. For example, two U.S. manufacturers are supplying the domestic market with XPS boards using lower-GWP blowing agents: Owens Corning's FOAMULAR NGX line uses blowing agents with a GWP less than 80, and Kingspan's GG40-LG and GG60-LG XPS products use an HFC blend with a GWP less than 50. , , In addition, since the publication of the 2020 NPRM, EPA has approved an additional low-GWP substitute for XPS foams that is free from HFC-134a through Notice 36 under the Significant New Alternatives Policy (SNAP) program. It is evident that the currently approved alternatives are adequate to meet market needs. The proposed blends appear to be relevant solely to the needs of a single submitter and do not reflect the XPS market as a whole. As such, if approved, they will likely penalize the industry stakeholders that have invested in the development of climate-friendlier, equally efficient XPS products, rather than fostering and rewarding innovation. There is no statutory basis for such an exception, even a time-limited one, for a manufacturer lagging in research, development, and innovation. Should EPA grant even a time-limited approval, which we oppose, it should be limited to a shorter period. If approved, the blends' acceptability status should sunset no later than 18 months from January 1, 2021, when the original prohibitions on the use of HFC blends became effective under the SNAP program. A shorter acceptability period will help mitigate competitiveness issues that will arise should EPA approve those blends. Sincerely, Christina Theodoridi Alex Hillbrand David Doniger Natural Resources Defense Council (NRDC) 1152 15th St. NW Suite 300 Washington, D.C. 20010

Filed on regulations.gov — full text not in the inline record.