Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Fire Suppression and Explosion Protection, 58035-58045 [2012-23138]
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations
EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued
State citation
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Part 61 (20.11.61
NMAC).
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Prevention of Significant Deterioration ..
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(e) * * *
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State
approval/
effective date
Title/subject
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EPA Approval date
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8/19/2012, [Insert FR page number
where document begins].
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1/10/2011
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Explanation
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EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
Applicable
geographic or
nonattainment
area
State
submittal/
effective date
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Bernalillo County
8/16/2010
Name of SIP provision
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Infrastructure
and
Interstate
Transport regarding noninterference with other states’ programs for PSD for the 1997 and
2008 Ozone and the 1997 and
2006 PM2.5 NAAQS.
EPA approval date
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Explanation
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8/19/2012, [Insert FR page number where document begins].
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Approval for 110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M).
3. Amend § 52.1634 by revising
paragraph (c) to read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 52.1634
quality.
40 CFR Part 82
■
Significant deterioration of air
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(c) The plan submitted by the
Governor in paragraph (a) of this section
for Prevention of Significant
Deterioration is not applicable to
Bernalillo County. Therefore, the
following plan described below is
applicable to sources located within the
boundaries of Bernalillo County
(including the City of Albuquerque).
This plan, submitted by the Governor of
New Mexico on April 14, 1989, August
7, 1989, May 1, 1990, May 17, 1993,
May 24, 2006, August 16, 2010, and
December 15, 2010 and respectively
adopted on March 8, 1989, July 12,
1989, April 11, 1990, February 10, 1993,
December 22, 2005, April 13, 2006, July
28, 2010, and December 10, 2010, by the
Albuquerque/Bernalillo County Air
Quality Control Board, containing Part
61—Prevention of Significant
Deterioration is approved as meeting the
requirements of part C of the Clean Air
Act for the prevention of significant
deterioration of air quality.
[FR Doc. 2012–22975 Filed 9–18–12; 8:45 am]
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RIN–2060–AQ84
Protection of Stratospheric Ozone:
Listing of Substitutes for OzoneDepleting Substances—Fire
Suppression and Explosion Protection
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to list substitutes for ozonedepleting substances (ODSs) in the fire
suppression and explosion protection
sector as acceptable subject to use
restrictions under the EPA’s Significant
New Alternatives Policy program. This
program implements Section 612 of the
Clean Air Act, as amended in 1990,
which requires EPA to evaluate
substitutes for ozone-depleting
substances and find them acceptable
where they pose comparable or lower
overall risk to human health and the
environment than other available
substitutes.
SUMMARY:
This rule is effective on
December 18, 2012 without further
notice, unless EPA receives adverse
comment or receives a request for a
public hearing on or before October 19,
DATES:
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2012. If EPA receives adverse comment
or receives a request for a public
hearing, we will publish a timely
withdrawal in the Federal Register
informing the public that all or part of
this rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2011–0111, by one of the
following methods:
• Email: a-and-r-Docket@epa.gov.
• Mail: OAR Docket and Information
Center, U.S. Environmental Protection
Agency, Mailcode 6102T, 1200
Pennsylvania Ave. NW., Washington,
DC 20460. To expedite review, a second
copy of the comments should be sent to
Bella Maranion at the address listed
below under FOR FURTHER INFORMATION
CONTACT.
• Hand Delivery: Air and Radiation
Docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave. NW.,
Washington, DC 20004. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2011–
0111. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket, 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
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Bella Maranion, Stratospheric
Protection Division, Office of
Atmospheric Programs (6205J),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: (202)
343–9749; fax number: (202) 343–2363;
email address: maranion.bella@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
publishing this rule without a prior
proposed rule because we view this as
a non-controversial action and
anticipate no adverse comment.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register, we
are publishing a separate document that
will serve as the proposed rule if
adverse comments are received or a
public hearing is requested on this
direct final rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document. If EPA receives adverse
comment or a request for a public
hearing, we will publish a timely
withdrawal in the Federal Register
informing the public that this direct
final rule will not take effect. If a public
hearing is requested, EPA will provide
notice in the Federal Register as to the
location, date, and time. We would
address all public comments in a
subsequent final rule based on the
proposed rule.
The regulations implementing the
Significant New Alternatives Policy
(SNAP) program are codified at 40 CFR
part 82, subpart G. The appendices to
subpart G list substitutes for ozonedepleting substances (ODSs) for specific
end uses as unacceptable or acceptable
with certain restrictions imposed on
their use. In addition, a list of
acceptable substitutes without
restrictions is available at https://
www.epa.gov/ozone/snap/lists/
index.html. The action in this direct
final rule will add a total of three fire
suppression agents to the SNAP list of
acceptable substitutes in the appendices
to subpart G: two fire suppression
agents are added to the list of substitutes
for halon 1301 that are acceptable
subject to use conditions and one fire
suppression agent is added to the list of
substitutes for halon 1211 that are
acceptable subject to narrowed use
limits. This action does not place any
significant burden on the regulated
community but lists as acceptable,
subject to use restrictions, three new
halon substitutes. The restrictions will
ensure that these substitutes will not
pose a greater risk to human health or
the environment than other potentially
available substitutes in the fire
suppression end use.
This direct final rule regulates the use
of Powdered Aerosol F (KSA®) and
Powdered Aerosol G (Dry Sprinkler
Powdered Aerosol (DSPA) Fixed
Generators) by finding them acceptable
subject to use conditions as substitutes
for halon 1301 for use in total flooding
fire suppression systems in normally
unoccupied spaces. This action also
finds C7 Fluoroketone acceptable
subject to narrowed use limits as a
substitute for halon 1211 for use as a
streaming agent in portable fire
extinguishers in nonresidential
applications. Halons are chemicals that
were once widely used in the fire
protection sector but have been banned
from production in the U.S. since 1994
because their emissions into the
atmosphere are highly destructive to the
stratospheric ozone layer. This action
will provide users that need specialized
fire protection applications with more
alternatives to the use of halons.
Businesses that may be regulated, either
through manufacturing, distribution,
installation and servicing, or use of the
fire suppression equipment containing
the substitutes are listed in the table
below:
TABLE 1—POTENTIALLY REGULATED ENTITIES, BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE
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Category
NAICS code
Construction ..................................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
Manufacturing ...............................................................
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Description of regulated entities
238210
325998
332919
334290
336611
339999
336411
336413
Alarm system (e.g., fire, burglar), electric, installation only.
Fire extinguisher chemical preparations manufacturing.
Nozzles, fire fighting, manufacturing.
Fire detection and alarm systems manufacturing.
Shipbuilding and repairing.
Fire extinguishers, portable, manufacturing.
Aircraft manufacturing.
Other aircraft parts and auxiliary equipment manufacturing.
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This table is not intended to be
exhaustive, but rather a guide regarding
entities likely to be regulated by this
action. If you have any questions about
whether this action applies to a
particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Table of Contents
I. Section 612 Program
A. Statutory Requirements
B. Regulatory History
II. Listing Decision: Fire Suppression and
Explosion Protection
A. Total Flooding: Powdered Aerosol F
(KSA®)—Acceptable Subject to Use
Conditions
B. Total Flooding: Powdered Aerosol G
(Dry Sprinkler Powdered Aerosol (DSPA)
Fixed Generators)—Acceptable Subject
to Use Conditions
C. Streaming: C7 Fluoroketone—
Acceptable Subject to Narrowed Use
Limits
III. Statutory and Executive Order Reviews
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
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
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I. Section 612 Program
A. Statutory Requirements
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:
• Rulemaking—Section 612(c)
requires EPA to promulgate rules
making it unlawful to replace any class
I (chlorofluorocarbon, halon, carbon
tetrachloride, methyl chloroform, 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)
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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 and to publish a corresponding list
of acceptable alternatives for specific
uses. The list of acceptable substitutes is
found at https://www.epa.gov/ozone/
snap/lists/, and the lists of
‘‘unacceptable,’’ ‘‘acceptable subject to
use conditions,’’ and ‘‘acceptable
subject to narrowed use limits’’
substitutes are found in the appendices
to subpart G of 40 CFR part 82.
• Petition Process—Section 612(d)
grant the right to any person to petition
EPA to add a substitute to, or delete a
substitute from, the lists published in
accordance with Section 612(c). The
Agency has 90 days to grant or deny a
petition. Where the Agency grants the
petition, EPA must publish the revised
lists within an additional six months.
• 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.
• Outreach—Section 612(b)(1) states
that the Administrator shall seek to
maximize the use of federal research
facilities and resources to assist users of
class I and II substances in identifying
and developing alternatives to the use of
such substances in key commercial
applications.
• Clearinghouse—Section 612(b)(4)
requires the Agency to set up a public
clearinghouse of alternative chemicals,
product substitutes, and alternative
manufacturing processes that are
available for products and
manufacturing processes which use
class I and II substances.
B. Regulatory History
On March 18, 1994, EPA published
the 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
(subpart G of 40 CFR part 82). These
sectors include: refrigeration and airconditioning; foam blowing; solvents
cleaning; fire suppression and explosion
protection; sterilants; aerosols;
adhesives, coatings and inks; and
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tobacco expansion. These sectors
comprise the principal industrial sectors
that historically consumed the largest
volumes of ODS.
Section 612 of the CAA requires EPA
to list as acceptable those substitutes
that do not present a significantly
greater risk to human health and the
environment as compared with other
substitutes that are currently or
potentially available.
Under the SNAP regulations, anyone
who plans to market or produce a
substitute to replace a class I substance
or class II substance in one of the eight
major industrial use sectors must
provide notice to the Agency, including
health and safety information on the
substitute at least 90 days before
introducing it into interstate commerce
for significant new use as an alternative.
40 CFR 82.176(a). This requirement
applies to the persons planning to
introduce the substitute into interstate
commerce,1 which typically are
chemical manufacturers but may
include importers, formulators, or endusers when they are responsible for
introducing a substitute into
commerce.2 The 90-day SNAP review
process begins once EPA receives the
submission and determines that the
submission includes complete and
adequate data (40 CFR 82.180(a)). As
required by the CAA, the SNAP
regulations, 40 CFR 82.174(a), prohibit
the introduction of a substitute into
interstate commerce earlier than 90 days
after notice has been provided to the
Agency.
The Agency has identified four
possible decision categories for
substitutes that are submitted for
evaluation: acceptable; acceptable
subject to use conditions; acceptable
subject to narrowed use limits; and
unacceptable 3 (40 CFR 82.180(b)). Use
conditions and narrowed use limits are
both considered ‘‘use restrictions’’ and
are explained below. Substitutes that are
deemed acceptable with no use
1 As defined at 40 CFR 82.104, ‘‘interstate
commerce’’ means the distribution or transportation
of any product between one state, territory,
possession or the District of Columbia, and another
state, territory, possession or the District of
Columbia, or the sale, use or manufacture of any
product in more than one state, territory, possession
or District of Columbia. The entry points for which
a product is introduced into interstate commerce
are the release of a product from the facility in
which the product was manufactured, the entry into
a warehouse from which the domestic manufacturer
releases the product for sale or distribution, and at
the site of United States Customs clearance.
2 As defined at 40 CFR 82.172, ‘‘end-use’’ means
processes or classes of specific applications within
major industrial sectors where a substitute is used
to replace an ODS.
3 The SNAP regulations also include ‘‘pending,’’
referring to submissions for which EPA has not
reached a determination, under this provision.
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restrictions (no use conditions or
narrowed use limits) can be used for all
applications within the relevant enduses within the sector. Substitutes that
are acceptable subject to use restrictions
may be used only in accordance with
those restrictions.
After reviewing a substitute, the
Agency may determine that a substitute
is acceptable only if certain conditions
in the way that the substitute is used are
met to minimize risks to human health
and the environment. EPA describes
such substitutes as ‘‘acceptable subject
to use conditions.’’ Entities that use
these substitutes without meeting the
associated use conditions are in
violation of EPA’s SNAP regulations. 40
CFR 82.174(c).
For some substitutes, the Agency may
permit a narrow range of use within an
end-use or sector. For example, the
Agency may limit the use of a substitute
to certain end-uses or specific
applications within an industry sector.
EPA describes these substitutes as
‘‘acceptable subject to narrowed use
limits.’’ A person using a substitute that
is acceptable subject to narrowed use
limits in applications and end-uses that
are not consistent with the narrowed
use limit is using the substitute in an
unacceptable manner and is in violation
of section 612 of the CAA and EPA’s
SNAP regulations. 40 CFR 82.174(c).
The Agency publishes its SNAP
program decisions in the Federal
Register (FR). EPA first publishes
decisions concerning substitutes that are
deemed acceptable subject to use
restrictions (use conditions and/or
narrowed use limits), or substitutes
deemed unacceptable, as proposed
rulemakings to allow the public
opportunity to comment, before
publishing final decisions.
In contrast, EPA publishes decisions
concerning substitutes that are deemed
acceptable with no restrictions in
‘‘notices of acceptability,’’ rather than as
proposed and final rules. As described
in the preamble to the rule initially
implementing the SNAP program (59 FR
13044; March 18, 1994), EPA does not
believe that rulemaking procedures are
necessary to list alternatives that are
acceptable without restrictions because
such listings neither impose any
sanction nor prevent anyone from using
a substitute.
Many SNAP listings include
‘‘Comments’’ or ‘‘Further Information’’
to provide additional information on
substitutes. Since this additional
information is not part of the regulatory
decision, these statements are not
binding for use of the substitute under
the SNAP program. However, regulatory
requirements so listed are binding under
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other regulatory programs (e.g., worker
protection regulations promulgated by
the U.S. Occupational Safety and Health
Administration (OSHA)). The ‘‘Further
Information’’ classification does not
necessarily include all other legal
obligations pertaining to the use of the
substitute. While the items listed are not
legally binding under the SNAP
program, EPA encourages users of
substitutes to apply all statements in the
‘‘Further Information’’ column in their
use of the substitute. In many instances,
the information simply refers to sound
operating practices that have already
been identified in existing industry and/
or building codes and standards. Thus,
many of the comments, if adopted,
would not require the affected user to
make significant changes in existing
operating practices.
For copies of the comprehensive
SNAP lists of substitutes or additional
information on SNAP, refer to EPA’s
Ozone Layer Protection Web site at
www.epa.gov/ozone/snap/.
For more information on the Agency’s
process for administering the SNAP
program or criteria for evaluation of
substitutes, refer to the March 18, 1994,
SNAP final rulemaking (59 FR 13044),
codified at 40 CFR part 82, subpart G.
A complete chronology of SNAP
decisions and the appropriate citations
are found at https://www.epa.gov/ozone/
snap/chron.html.
II. Listing Decision: Fire Suppression
and Explosion Protection
A. Total Flooding: Powdered Aerosol F
(KSA®)—Acceptable Subject to Use
Conditions
EPA’s Decision: EPA Finds Powdered
Aerosol F Acceptable Subject to Use
Conditions as a Substitute for Halon
1301 for Use in Total Flooding Fire
Suppression Systems in Normally
Unoccupied Spaces
Powdered Aerosol F is acceptable,
subject to use conditions, as a halon
1301 substitute for total flooding uses.
As requested by the submitter, the use
condition requires that Powdered
Aerosol F be used only in areas that are
not normally occupied. Powdered
Aerosol F is used as a fire suppression
agent in an aerosol fire-extinguishing
system. It may be marketed under the
name KSA®.
The submitter has claimed the
composition of Powdered Aerosol F as
confidential business information (CBI).
You may find the submission under
docket EPA–HQ–OAR–2011–0111 at
https://www.regulations.gov.
Environmental information: EPA has
reviewed the potential environmental
impacts of this substitute. The active
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ingredients for this technology are
solids before and fine solid particulates
after use; therefore, the ozone depletion
potential (ODP), global warming
potential (GWP), and atmospheric
lifetime (ALT) are zero. Thus, Powdered
Aerosol F is not expected to pose any
significant adverse impacts on the ozone
layer or climate.
All manufacturing occurs in a facility
with strict controls on all raw materials
and processes, so minimal release to the
ambient air is expected during the
manufacturing process. Because
installation and servicing occur at very
large sites, releases in such locations are
expected to be well below the
acceptable exposure limits. In the event
of a fire, Powdered Aerosol F is
dispersed as fine solid particulates,
reacting to the heat to suppress the fire.
The constituents of Powdered Aerosol F
are not volatile organic compounds
(VOCs). If all spilled and settled
material in the manufacturing facility
and all on-site (installation, servicing,
and system discharge) releases are
cleaned up and disposed of according to
federal, state, and local requirements,
consistent with the material safety data
sheet (MSDS), no release to the
environment is expected.
Toxicity and exposure data: EPA
evaluated occupational and general
population exposure at manufacture and
at end use to ensure that the use of
Powdered Aerosol F will not pose
unacceptable risks to workers or the
general public. This risk screen is
available in docket EPA–HQ–OAR–
2011–0111 under the name, ‘‘Risk
Screen on Substitute for Halon 1301
Total Flooding Systems in Unoccupied
Spaces Substitute: Powdered Aerosol F
(KSA®).’’ In particular, the risk screen
considered the highly respirable nature
of the substitute as well as the potential
effect of increased blood pH from
inhalation of the substitute. As
discussed below, the use of proper
personal protective equipment (PPE)
during manufacturing, at installation,
maintenance, and clean-up minimizes
personnel exposure from inhalation of
the substitute. Blood pH modeling also
indicates that the levels of the
constituent in Powdered Aerosol F
affecting blood pH are not expected to
pose a health risk. Based on this
evaluation, EPA recommends the
following specifications for filling
containers or installing total flooding
fire suppression systems with this agent:
—Appropriate protective clothing (e.g.,
goggles, particulate removing
respirators, and gloves) should be
worn during the manufacture, clean
up, and disposal of this agent.
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—Appropriate protective clothing (e.g.,
goggles, particulate removing
respirators, and gloves) should be
worn during the installation and
maintenance of the extinguishing
units filled with the agent.
—Training for safe handling procedures
should be provided to all employees
that would be likely to handle the
containers of the agent or
extinguishing units filled with the
agent. Use of this agent should be in
accordance with the safety guidelines
in the latest edition of the National
Fire Protection Association (NFPA)
2010 Standard for Aerosol
Extinguishing Systems.
The post activation product of
Powdered Aerosol F is entirely
particulates, and as indicated by the
submitter, of a fine size which makes it
highly respirable. A constituent of
Powdered Aerosol F, despite having low
toxicity, can pose a human health risk
because it can raise blood pH level if
inhaled in sufficient quantities. The
potential to increase blood pH is not
considered a significant adverse health
effect because the body can restore the
pH to normal range. Using information
provided by the submitter, we modeled
a reasonable worst-case accidental
release (without a fire), exposing
maintenance personnel to the maximum
design concentration provided by the
submitter. Blood pH modeling indicates
that Powdered Aerosol F is not expected
to pose a significant health risk. This
calculation and the assumptions for
respirable amounts and releases of
Powdered Aerosol F are included in the
risk screen conducted for this substitute
and are available in the docket for this
rule. While the levels of soluble
particles of Powdered Aerosol F are not
expected to pose a significant health
risk, EPA recommends the following:
—Releases in all settings should be
limited to an appropriate design
concentration for the protected space
so that increased pH level would not
adversely affect exposed individuals;
exposed individuals should be given
an electrolyte solution to drink
afterwards to restore the pH within
the appropriate range;
—Users should provide special training
to individuals required to be in
environments protected by Powdered
Aerosol F extinguishing systems; each
container of the Powdered Aerosol F
should be clearly labeled with the
potential hazards from use and safe
handling procedures; and
—In the case of an accidental spill, the
area should be well-ventilated, and
workers should wear protective
equipment while following good
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industrial hygiene practices for cleanup and disposal.
The MSDS contains similar
requirements with regard to safe
handling, protection from, and clean-up
of Powdered Aerosol F.
Use of Powdered Aerosol F should
conform to relevant Occupational Safety
and Health Administration (OSHA)
requirements, including 29 CFR Part
1910, Subpart L, Sections 1910.160 and
1910.162. Per OSHA requirements,
protective gear (self-contained breathing
apparatus) should be available in the
event that personnel re-enter the area
after Powdered Aerosol F has been
discharged.
Comparison to other fire
suppressants: According to the
submitter, the active ingredients for
Powdered Aerosol F are solids before
and fine solid particulates after use. The
post-activation products of Powdered
Aerosol F have an ODP and a GWP of
zero, which is comparable to or less
than that for other non-ozone depleting
substitutes for halon 1301, such as Inert
Gas 100, HFC–227ea or HFC–125, with
GWPs of zero, 3220, and 3500,
respectively.4 Toxicity risks are low as
discussed above. We find that Powdered
Aerosol F is acceptable for use in
normally unoccupied spaces because it
poses comparable or lower overall risk
to public health and the environment
than the other available substitutes for
the same end use.
B. Total Flooding: Powdered Aerosol G
(Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators)—Acceptable
Subject to Use Conditions
EPA’s Decision: EPA Finds Powdered
Aerosol G (DSPA Fixed Generators)
Acceptable as a Substitute for Halon
1301 for Total Flooding Uses in
Normally Unoccupied Spaces
Powdered Aerosol G is acceptable,
subject to use conditions, as a halon
1301 substitute for total flooding uses.
As requested by the submitter, the use
condition requires that Powdered
Aerosol G be used only in areas that are
normally unoccupied. Powdered
Aerosol G is a solid material in pellet
form, which aerosolizes upon
activation, and housed in various-sized
generator units. Depending on the fire
suppression requirement, a single
4 IPCC, 2007: Climate Change 2007: The Physical
Science Basis. Contribution of Working Group I to
the Fourth Assessment Report of the
Intergovernmental Panel on Climate Change
[Solomon, S., D. Qin, M. Manning, Z. Chen, M.
Marquis, K.B. Averyt, M. Tignor and H.L. Miller
(eds.)]. Cambridge University Press, Cambridge,
United Kingdom and New York, NY, USA. This
document is accessible at https://www.ipcc.ch/
publications_and_data/ar4/wg1/en/contents.html.
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58039
generator or several generators may be
used in the protected space. When
electrically or thermally activated,
Powdered Aerosol G produces
combustion by-products (micron-sized
particles and a gaseous mixture of
primarily nitrogen (N2, CAS Reg. No.
7727–37–9)) that mix together into a
uniform fire extinguishing aerosol
before being released into the protected
area. The released inert gases extinguish
a fire in the space by displacing the
oxygen available for combustion and
reducing the heat of the combustion
source. The submitter has claimed the
composition of Powdered Aerosol G as
CBI. You may find the submission
under docket EPA–HQ–OAR–2011–
0111 at https://www.regulations.gov.
Environmental information: The preactivation constituents of Powdered
Aerosol G are solids before use and
therefore have zero ODP and zero GWP.
Further, the ODP of each of the postactivation constituents of Powdered
Aerosol G is zero, and the GWPs of postactivation constituents are 1 or less.
Of the organic constituents of
Powdered Aerosol G, only hydrogen
cyanide (a post-activation product) has
not been exempted as a VOC as defined
under CAA regulations (40 CFR
51.100(s)); however, it constitutes
approximately 5x10¥3 percent of the
post-activation products by weight
which is a very small amount. VOC
emissions from the production of the
generators containing Powdered Aerosol
G are controlled through standard
industry practices, and as such, VOC
emissions from manufacture are
expected to be minimal. Potential
emissions of VOCs from the use of
Powdered Aerosol G in the fire
extinguishing and explosion prevention
sector are likely to be insignificant
relative to VOCs from all other sources
(i.e., other industries, mobile sources,
and biogenic sources). An assessment
was performed to compare the annual
VOC emissions from use of Powdered
Aerosol G in total flooding systems
produced in one year to other
anthropogenic sources of VOC
emissions. This assessment is available
in docket EPA–HQ–OAR–2011–0111
under the name, ‘‘Risk Screen on
Substitute for Halon 1301 Total
Flooding Systems in Unoccupied
Spaces, Substitute: Powdered Aerosol G
(Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators).’’ Assuming
that 100 percent of Powdered Aerosol G
produced in one year5 were to be used
5 Maximum total production per year at market
saturation figure is based on DSPA SNAP
submission.
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in fire occurrences and thus released to
the atmosphere (extremely unlikely),
only 0.04 metric tonnes of VOCs would
be emitted, which is approximately
equal to 8.6x10¥6 percent of the annual
VOC emissions caused by fires,6 or only
about 1.5x10¥6 percent of annual VOC
emissions caused by highway vehicles.7
This assessment finds that even at an
unlikely release rate of 100 percent, the
VOC emissions from use of Powdered
Aerosol G are several orders of
magnitude lower than other
anthropogenic emissions; therefore, the
environmental impacts of these VOCs
are not considered a significant risk to
local air quality.
Toxicity and exposure data: EPA
evaluated occupational and general
population exposure at manufacture and
at end use to ensure that the use of
Powdered Aerosol G will not pose
unacceptable risks to workers or the
general public. This risk screen is
available in docket EPA–HQ–OAR–
2011–0111 under the name, ‘‘Risk
Screen on Substitute for Halon 1301
Total Flooding Systems in Unoccupied
Spaces, Substitute: Powdered Aerosol G
(Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators).’’
Exposure to the DSPA generator upon
activation may result in irritation if
inhalation, ingestion, skin contact, or
eye contact occurs. Exposure to an
aerosol suppression agent may cause
temporary, mild irritation of mucous
membranes if inhaled and may cause
slight irritation of the skin. In the event
of an accidental discharge, the room
should be immediately evacuated and
the instructions listed in the MSDS for
Powdered Aerosol G should be
followed. Workers should not enter the
space following discharge until all
particles have settled and/or been
ventilated and the gases released by the
system have dissipated.
EPA finds that the use of the exposure
controls discussed in the following
sections and adherence with the
appropriate occupational safety
guidelines and requirements in the
manufacturer’s MSDS are sufficient to
ensure that the manufacture,
installation, maintenance, and cleanup
of Powdered Aerosol G do not pose a
risk to human health. Likewise, no
consumer exposure is expected because
Powdered Aerosol G systems are
designed for use in commercial and
6 Based on 2010 projections calculated using 2008
EPA annual VOC emissions data for residential
wood burning and agricultural field burning (EPA
2008 and EPA 2011) and ICF assumptions.
7 Based on 2010 projections calculated using 2008
EPA annual VOC emissions data (EPA 2009) and
ICF assumptions.
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industrial applications only in normally
unoccupied spaces.
Powdered Aerosol G is not expected
to pose a risk to workers during
manufacture due to an automated
production process. The only place
where workers may be exposed to the
constituents is during the loading of the
processing vessel/mixer, which
accounts for less than 10 minutes of the
production time. According to the
submitter, these workers wear PPE
including protective suits, safety
glasses, and respirators. The entire
manufacturing space is ventilated with
a local exhaust system to reduce
airborne exposure of the Powdered
Aerosol G constituents. The submitter
reported to EPA that manufacture of
Powdered Aerosol G pellets and
generators does not take place in the
United States. Only the final product,
the Powdered Aerosol G generator unit,
consisting of the rigid steel case
containing solid blocks of the Powdered
Aerosol G extinguishing compound is
sold in the United States. In the
‘‘Further Information’’ columns of the
tables summarizing today’s listing
decisions, EPA recommends the
following for establishments filling,
installing, or servicing generator units or
systems to be used in total flooding
applications:
—Appropriate protective clothing (e.g.,
goggles, particulate removing
respirators, and gloves) should be
worn during the manufacture, clean
up, and disposal of this agent as well
as during the installation and
maintenance of the generator units
filled with the agent;
—Training for safe handling procedures
should be provided to all employees
that would be likely to handle the
agent or the generator units
containing the agent; and
—Use of this agent should be in
accordance with the safety guidelines
in the latest edition of the National
Fire Protection Association (NFPA)
2010 Standard for Aerosol
Extinguishing Systems.
Powdered Aerosol G generators are
not expected to pose a risk to workers
during installation, maintenance, and
cleanup. In accordance with Department
of Health and Human Services
regulations (42 CFR part 84), safety
glasses and a NIOSH/CDC-approved
N99 respirator are required for
individuals installing Powdered Aerosol
G fixed systems. In the event of an
accidental discharge, the manufacturer’s
MSDS should be followed, including
the use of a NIOSH N99 respirator and
goggles. For cleanup operations,
workers should not enter the space after
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discharge until all particles have settled
and/or been ventilated and the gases
released by the system have dissipated.
Workers entering the space before it has
been ventilated should wear protective
clothing, goggles, and a self-contained
breathing apparatus (SCBA). In
accordance with the MSDS, EPA
recommends the following:
—The post-activation products of
Powdered Aerosol G should be
collected by hand (e.g., with a
dustpan and duster or a vacuum
cleaner);
—Waste should be collected in suitable
drums for disposal and the area
should be washed clean with
sufficient quantities of water;
—Employers should provide special
training to workers required to clean
up after discharge or required to work
near spaces protected by Powdered
Aerosol G fixed generator total
flooding systems;
—Each Powdered Aerosol G generator
unit should be clearly labeled with
the potential hazards of use and with
safe handling procedures; and
—In the case of an accidental discharge,
the area should be well-ventilated,
and workers should wear protective
equipment while following good
industrial hygiene practices for cleanup and disposal.
Use of Powdered Aerosol G generators
should conform to relevant OSHA
requirements, including 29 CFR part
1910, subpart L, sections 1910.160 and
1910.162. Per OSHA requirements,
protective gear (self-contained breathing
apparatus) should be available in the
event that personnel re-enter the area
before the particles have settled
(approximately 30–40 minutes after
discharge) or before the space has been
ventilated.
Comparison to other fire
suppressants: The post-activation
products of Powdered Aerosol G have
ODPs of zero and GWPs of 1 or less,
comparable to or less than that for other
non-ozone depleting substitutes for
halon 1301, such as Inert Gas 100, HFC–
227ea or HFC–125, with GWPs of zero,
3220, and 3500, respectively.8 Toxicity
risks are low when used in normally
unoccupied areas for commercial and
industrial specialty fire protection
applications. We find that Powdered
Aerosol G is acceptable for use in
normally unoccupied areas because it
poses comparable or lower overall risk
to public health and the environment
than the other substitutes acceptable in
8 IPCC,
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the end use listed above when used in
accordance with the use condition.
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C. Streaming: C7 Fluoroketone—
Acceptable Subject to Narrowed Use
Limits
EPA’s decision: EPA Finds C7
Fluoroketone Is Acceptable Subject to
Narrowed Use Limits as a Substitute for
Halon 1211 for Use as a Streaming
Agent. The Narrowed Use Limits
Require That C7 Fluoroketone Be Used
Only in Nonresidential Applications
C7 Fluoroketone is also known as C7
FK or FK–6–1–14. This substitute is a
blend of two isomers, 3pentanone,1,1,1,2,4,5,5,5-octafluoro-2,4bis(trifluoromethyl) (Chemical Abstracts
Service Registry Number [CAS Reg. No.]
813–44–5) and 3hexanone,1,1,1,2,4,4,5,5,6,6,6undecafluoro-2-(trifluoromethyl) (CAS
Reg. No. 813–45–6). You may find the
submission under docket EPA–HQ–
OAR–2011–0111 at https://
www.regulations.gov.
Environmental information: C7
Fluoroketone has zero ODP and a GWP
of approximately 1. Therefore, C7
Fluoroketone is not expected to pose
any significant adverse impact on the
ozone layer or climate.
The physicochemical properties of the
majority of halon substitutes make it
unlikely that the substitutes would be
released to surface water as a result of
use. In the case of C7 Fluoroketone, the
proposed substitute is insoluble in
water and readily volatilizes. Thus, EPA
expects that all of the constituents
would rapidly vaporize during
expulsion from the container, would not
be likely to settle, and therefore would
be unlikely to lead to surface water
contamination or generation of solid
waste.
C7 Fluoroketone has not been
exempted as a VOC under the CAA (40
CFR 51.100(s)). VOC emissions from the
production of portable extinguishers
charged with C7 Fluoroketone are
controlled through standard industry
practices, and as such, emissions from
manufacture of units are likely to be
minimal. An assessment was performed
to compare the annual VOC emissions
from use of C7 Fluoroketone in portable
extinguishers in one year to other
anthropogenic sources of VOC
emissions. This assessment is available
in docket EPA–HQ–OAR–2011–0111
under the name, ‘‘Risk Screen on
Substitute for Halon 1211 as a
Streaming Agent in Portable Fire
Extinguishers Substitute: C7
Fluoroketone.’’ This assessment finds
that even if the entire portion for
streaming agent applications of the
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allowable quantity of C7 FK produced
by the submitter in one year was all
released to the atmosphere (extremely
unlikely), the resulting VOC emissions
would be approximately equal to 3.0 ×
10¥2 percent of annual VOC emissions
caused by fires,9 or only about 1.1 ×
10¥3 percent of all annual
anthropogenic VOC emissions.10 As
these emissions are several orders of
magnitude less than other
anthropogenic emissions, the
environmental impacts of these VOCs
are not considered a significant risk to
local air quality.
Toxicity and exposure data:
Inhalation of C7 Fluoroketone could
cause respiratory tract irritation and
symptoms may include cough, sneezing,
nasal discharge, headache, hoarseness,
and nose and throat pain. Contact with
the eyes and/or skin during product use
is not expected to result in significant
irritation. Ingestion of C7 Fluoroketone
is not expected to cause health effects,
and there is no anticipated need for first
aid if C7 Fluoroketone is ingested. The
potential health effects of C7
Fluoroketone can be minimized by
following the exposure guidelines and
recommendations for ventilation and
PPE outlined in the MSDS and
discussed further below.
EPA evaluated occupational and
general population exposure at
manufacture and at end use to ensure
that the use of C7 Fluoroketone will not
pose unacceptable risks to workers or
the general public. This risk screen is
available in docket EPA–HQ–OAR–
2011–0111 under the name, ‘‘Risk
Screen on Substitute for Halon 1211 as
a Streaming Agent in Portable Fire
Extinguishers Substitute: C7
Fluoroketone.’’
EPA is providing the following
additional information regarding use of
C7 Fluoroketone as a streaming agent in
nonresidential applications.
Appropriate protective measures should
be taken and proper training
administered for the manufacture,
clean-up and disposal of this product.
For this new chemical, the manufacturer
developed an acceptable exposure limit
(AEL) for the workplace set at a level
believed to protect from chronic adverse
health effects those workers who are
regularly exposed, such as in the
manufacturing or filling processes. EPA
reviewed the submitter’s supporting
data and accepts the manufacturer’s
9 Based on 2010 projections calculated using 2008
EPA annual VOC emissions data for residential
wood burning and agricultural field burning (EPA
2008 and EPA 2011) and ICF assumptions.
10 Based on 2010 projections calculated using
2008 EPA annual VOC emissions data (EPA 2009)
and ICF assumptions.
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58041
AEL for C7 Fluoroketone of 225 ppm
over an 8-hour time-weighted average.11
EPA recommends the following for
establishments filling canisters to be
used in streaming applications:
—Adequate ventilation should be in
place;
—All spills should be cleaned up
immediately in accordance with good
industrial hygiene practices; and
—Training for safe handling procedures
should be provided to all employees
that would be likely to handle the
containers of the agent or
extinguishing units filled with the
agent.
EPA anticipates that C7 Fluoroketone
will be used consistent with the
recommendations specified in the
manufacturer’s MSDS.
EPA recommends use of C7
Fluoroketone as a streaming agent in
accordance with the latest edition of
NFPA Standard 10 for Portable Fire
Extinguishers. We expect that users will
be able to meet the recommended
workplace exposure limit and address
potential health risks by following the
above recommendations, using the
substitute in accordance with the
manufacturer’s MSDS, and following
other safety precautions common to the
fire protection industry.
Comparison to other fire
suppressants: C7 Fluoroketone is not
ozone-depleting with a GWP of 1 in
contrast to halon 1211 (with an ODP of
7.1 and a GWP of 1890), the ODS which
it replaces. Compared to other
substitutes for halon 1211, such as
HCFC Blend B (with ODP of roughly
0.01 and GWP of roughly 80), HFC–
227ea (with ODP of 0 and GWP of 3220),
and HFC–236fa (with an ODP of 0 and
GWP of 9810), C7 Fluoroketone has a
similar or less significant impact on the
ozone layer and climate. Risk to the
general population is expected to be
negligible provided that the substitute is
not used in residential applications as
requested by the submitter and as
established under the narrowed use
limits. Occupational exposure should
not pose a problem if use is in
accordance with the manufacturer’s
MSDS and other precautions normally
used in the fire protection industry.
Thus, we find that C7 Fluoroketone is
acceptable subject to narrowed use
limits because the overall
environmental and human health risk
posed by C7 Fluoroketone is lower than
or comparable to the risks posed by
11 ‘‘Determination of an AEL for C7 Fluoroketone
(C7 FK),’’ Appendix A to Risk Screen on Substitute
for Halon 1211 as a Streaming Agent in Portable
Fire Extinguishers Substitute: C7 Fluoroketone.
Available in docket EPA–HQ–OAR–2011–0111.
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other available substitutes in the same
end use.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
OMB notified EPA on May 5, 2011,
that it considers this action not a
‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735, October 4, 1993) and it is
therefore not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. This
final rule is an Agency determination. It
contains no new requirements for
reporting. However, the Office of
Management and Budget (OMB) has
previously approved the information
collection requirements contained in the
existing regulations in subpart G of 40
CFR part 82 under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control numbers 2060–0226 (EPA ICR
No. 1596.08). The OMB control numbers
for EPA’s regulations are listed in 40
CFR part 9.
srobinson on DSK4SPTVN1PROD with RULES
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statutes unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impact
of today’s rule on small entities, small
entities are defined as (1) a small
business that produces or uses fire
suppressants as total flooding and/or
streaming agents with 500 or fewer
employees or total annual receipts of $5
million or less; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s final rule on small
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entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
This final rule will not impose any
requirements on small entities beyond
current industry practices. Today’s
action effectively supports the
introduction of three new alternatives to
the market for fire protection
extinguishing systems, thus providing
additional options for users making the
transition away from ozone-depleting
halons.
Use of halon 1301 total flooding
systems and halon 1211 streaming
agents have historically been in
specialty fire protection applications
including essential electronics, civil
aviation, military mobile weapon
systems, oil and gas and other process
industries, and merchant shipping with
smaller segments of use including
libraries, museums, and laboratories.
The majority of halon system and
equipment owners continue to maintain
and refurbish existing systems since
halon supplies continue to be available
in the U.S. Owners of new facilities
make up the market for the new
alternative agent systems and may also
consider employing other available fire
protection options including new,
improved technology for early warning
and smoke detection. Thus, EPA is
providing more options to any entity,
including small entities, by finding
substitutes acceptable for use. The use
restrictions imposed on the substitutes
in today’s rule are consistent with the
applications suggested by the submitters
and with current industry practices.
Therefore, we conclude that the rule
does not impose any new cost on
businesses.
Although this final rule will not have
a significant economic impact on a
substantial number of small entities,
EPA nonetheless has tried to reduce the
impact of this rule on small entities. By
introducing three new substitutes,
today’s rule gives additional flexibility
to small entities that are concerned with
fire suppression. EPA also has worked
closely together with the NFPA, which
conducts regular outreach with small
entities and involves small state, local,
and tribal governments in developing
and implementing relevant fire
protection standards and codes.
D. Unfunded Mandates Reform Act
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandate Reform Act
of 1995 (UMRA), 2 U.S.C. 1531–1538 for
State, local, or tribal governments or the
private sector. This action imposes no
enforceable duty on any State, local, or
tribal governments or the private sector.
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Therefore, this action is not subject to
the requirements of sections 202 or 205
of the UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
direct final rule will provide additional
options for fire protection subject to
safety guidelines in industry standards.
These standards are typically already
required by state or local fire codes, so
this action will not affect small
governments.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This regulation
applies directly to facilities that use
these substances and not to
governmental entities. Thus, Executive
Order 13132 does not apply to this
action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. It will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes, as
specified in Executive Order 13175. It
does not significantly or uniquely affect
the communities of Indian tribal
governments, because this regulation
applies directly to facilities that use
these substances and not to
governmental entities. Thus, Executive
Order 13175 does not apply to this
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to E.O.
13045 (62 FR 19885, April 23, 1997)
because it is not economically
significant as defined in E.O. 12866, and
because the Agency does not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children. This
action’s health and risk assessments are
discussed in section II.
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
srobinson on DSK4SPTVN1PROD with RULES
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards.
This rulemaking does not involve
setting technical standards. EPA defers
to existing NFPA voluntary consensus
standards and Occupational Safety and
Health Administration (OSHA)
regulations that relate to the safe use of
halon substitutes reviewed under SNAP.
EPA refers users to the latest edition of
NFPA 2010 Standard on Aerosol
Extinguishing Systems which provides
for safe use of aerosol extinguishing
agents and technologies and NFPA 10
Standard for Portable Fire
Extinguishers. Copies of these standards
may be obtained by calling the NFPA’s
telephone number for ordering
publications at 1–800–344–3555. The
NFPA 2010 standards meet the
objectives of the rule by setting
scientifically-based guidelines for safe
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exposure to halocarbon and inert gas
agents and aerosol extinguishing agents,
respectively. In addition, EPA has
worked in consultation with OSHA to
encourage development of technical
standards to be adopted by voluntary
consensus standards bodies.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population. This direct
final rule would provide fire
suppression substitutes that have no
ODP and low or no GWP. The avoided
ODS and GWP emissions would assist
in restoring the stratospheric ozone
layer, avoiding adverse climate impacts,
and result in human health and
environmental benefits.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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58043
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2). This rule
will be effective December 18, 2012.
List of Subjects in 40 CFR Part 82
Environmental protection,
Administrative practice and procedure,
Air pollution control, Reporting and
recordkeeping requirements,
Stratospheric ozone layer.
Dated: September 11, 2012.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, 40 CFR part 82 is amended as
follows:
PART 82—PROTECTION OF
STRATOSPHERIC OZONE
1. The authority citation for part 82
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7601, 7671–
7671q.
Subpart G—Significant New
Alternatives Policy Program
2. Subpart G of part 82 is amended by
adding Appendix S to read as follows:
Appendix S to Subpart G of Part 82—
Substitutes Listed in the September 19,
2012 Final Rule, Effective December 18,
2012.
■
E:\FR\FM\19SER1.SGM
19SER1
58044
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations
FIRE SUPPRESSION AND EXPLOSION PROTECTION SECTOR—ACCEPTABLE SUBJECT TO USE CONDITIONS
Substitute
Total Flooding ........
Powdered Aerosol
F (KSA®) as a
substitute for
Halon 1301.
Acceptable subject For use only in
to use conditions.
normally unoccupied areas.
Total Flooding ........
srobinson on DSK4SPTVN1PROD with RULES
End-Use
Decision
Conditions
Further information
Powdered Aerosol
G (Dry Sprinkler
Powdered Aerosol (DSPA)
Fixed Generators) as a substitute for Halon
1301.
Acceptable subject For use only in
to use conditions.
normally unoccupied areas.
Use of this agent should be in accordance with the safety
guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems.
For establishments filling, installing, servicing, using, or
disposing of containers or systems to be used in total
flooding applications, EPA recommends the following:
—appropriate protective clothing (e.g., goggles, particulate removing respirators, and gloves) should
be worn during the installation and maintenance of
the extinguishing units filled with the agent or during clean up and disposal of this agent;
—training should be provided to all employees that
would be likely to handle containers of the agent
or extinguishing units filled with the agent, required
to clean up after discharge or required to work
near spaces protected by Powdered Aerosol F.
Releases in all settings should be limited to an appropriate design concentration for the protected space so
that increased blood pH level would not adversely affect exposed individuals.
Exposed individuals should be given an electrolyte solution to drink afterwards to restore the pH within the appropriate range.
Each extinguisher should be clearly labeled with the potential hazards from use and safe handling procedures.
In the case of an accidental spill, the area should be wellventilated, and workers should wear protective equipment while following good industrial hygiene practices
for clean-up and disposal.
See additional comments 1, 2, 3, 4.
Use of this agent should be in accordance with the safety
guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems.
For establishments filling, installing, servicing, using or
disposing of generator units or systems in total flooding
applications, EPA recommends the appropriate protective clothing (e.g., goggles, particulate removing respirators, and gloves) should be worn during the installation and maintenance of the extinguishing units filled
with the agent or during clean up and disposal of this
agent.
Powdered Aerosol G should be collected by hand (e.g.,
with a dustpan and duster or a vacuum cleaner); waste
should be collected in suitable drums for disposal and
the area should be washed clean with sufficient quantities of water; and training should be provided to all
employees that would be likely to handle the agent or
generator units filled containing the agent, required to
clean up after discharge or required to work near
spaces protected by Powdered Aerosol G fixed generator total flooding systems.
In accordance with Department of Health and Human
Services regulations (42 CFR Part 84), safety glasses
and a NIOSH/CDC-approved N99 respirator are required for individuals installing Powdered Aerosol G
fixed systems.
Each generator unit should be clearly labeled with the potential hazards from use and safe handling procedures.
In the case of an accidental discharge, the area should
be well-ventilated, and workers should wear protective
equipment while following good industrial hygiene practices for clean-up and disposal.
See additional comments 1, 2, 3, 4.
Additional comments:
1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162.
2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area.
3—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed.
4—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon
substitutes.
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations
58045
FIRE SUPPRESSION AND EXPLOSION PROTECTION SECTOR—ACCEPTABLE SUBJECT TO NARROWED USE LIMITS
End-Use
Substitute
Decision
Conditions
Further information
Streaming ..................
C7 Fluoroketone as a
substitute for Halon
1211.
Acceptable subject to
narrowed use limits.
For use only in nonresidential applications.
Use of this agent should be in accordance with the latest edition of
NFPA Standard 10 for Portable Fire Extinguishers.
For operations that fill canisters to be used in streaming applications, EPA recommends the following:
—Adequate ventilation should be in place;
—All spills should be cleaned up immediately in accordance with
good industrial hygiene practices; and
—Training for safe handling procedures should be provided to all
employees that would be likely to handle containers of the agent
or extinguishing units filled with the agent.
See additional comments 1, 2, 3, 4.
Additional comments:
1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162.
2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area.
3—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed.
4—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes.
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
[FR Doc. 2012–23138 Filed 9–18–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
Laura Nollen, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7390; email address:
Nollen.Laura@epa.gov.
40 CFR Part 180
[EPA–HQ–OPP–2011–0569; FRL–9361–5]
Clopyralid; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
srobinson on DSK4SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
This regulation establishes
tolerances for residues of clopyralid in
or on multiple commodities which are
identified and discussed later in this
document. This regulation additionally
removes several established individual
tolerances, as they will be superseded
by inclusion in subgroup tolerances.
Interregional Research Project Number 4
(IR–4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
September 19, 2012. Objections and
requests for hearings must be received
on or before November 19, 2012, 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: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0569, is
available at https://www.regulations.gov
or at the OPP Docket in the
Environmental Protection Agency
Docket Center (EPA/DC), located in EPA
West, Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. 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
SUMMARY:
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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.
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B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://ecfr.gpoaccess.gov/cgi/t/
text/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2011–0569 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before November 19, 2012. Addresses
for mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2011–0569, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
E:\FR\FM\19SER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58035-58045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23138]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2011-0111; FRL-9729-5]
RIN-2060-AQ84
Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances--Fire Suppression and Explosion Protection
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to list substitutes for
ozone-depleting substances (ODSs) in the fire suppression and explosion
protection sector as acceptable subject to use restrictions under the
EPA's Significant New Alternatives Policy program. This program
implements Section 612 of the Clean Air Act, as amended in 1990, which
requires EPA to evaluate substitutes for ozone-depleting substances and
find them acceptable where they pose comparable or lower overall risk
to human health and the environment than other available substitutes.
DATES: This rule is effective on December 18, 2012 without further
notice, unless EPA receives adverse comment or receives a request for a
public hearing on or before October 19, 2012. If EPA receives adverse
comment or receives a request for a public hearing, we will publish a
timely withdrawal in the Federal Register informing the public that all
or part of this rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0111, by one of the following methods:
Email: a-and-r-Docket@epa.gov.
Mail: OAR Docket and Information Center, U.S.
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. To expedite review, a second copy of the
comments should be sent to Bella Maranion at the address listed below
under FOR FURTHER INFORMATION CONTACT.
Hand Delivery: Air and Radiation Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0111. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information
[[Page 58036]]
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through www.regulations.gov or in hard copy at the Air and Radiation
Docket, 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 and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Bella Maranion, Stratospheric
Protection Division, Office of Atmospheric Programs (6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: (202) 343-9749; fax number:
(202) 343-2363; email address: maranion.bella@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior
proposed rule because we view this as a non-controversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule if adverse comments are
received or a public hearing is requested on this direct final rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section of
this document. If EPA receives adverse comment or a request for a
public hearing, we will publish a timely withdrawal in the Federal
Register informing the public that this direct final rule will not take
effect. If a public hearing is requested, EPA will provide notice in
the Federal Register as to the location, date, and time. We would
address all public comments in a subsequent final rule based on the
proposed rule.
The regulations implementing the Significant New Alternatives
Policy (SNAP) program are codified at 40 CFR part 82, subpart G. The
appendices to subpart G list substitutes for ozone-depleting substances
(ODSs) for specific end uses as unacceptable or acceptable with certain
restrictions imposed on their use. In addition, a list of acceptable
substitutes without restrictions is available at https://www.epa.gov/ozone/snap/lists/. The action in this direct final rule will
add a total of three fire suppression agents to the SNAP list of
acceptable substitutes in the appendices to subpart G: two fire
suppression agents are added to the list of substitutes for halon 1301
that are acceptable subject to use conditions and one fire suppression
agent is added to the list of substitutes for halon 1211 that are
acceptable subject to narrowed use limits. This action does not place
any significant burden on the regulated community but lists as
acceptable, subject to use restrictions, three new halon substitutes.
The restrictions will ensure that these substitutes will not pose a
greater risk to human health or the environment than other potentially
available substitutes in the fire suppression end use.
This direct final rule regulates the use of Powdered Aerosol F
(KSA[supreg]) and Powdered Aerosol G (Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators) by finding them acceptable subject to use
conditions as substitutes for halon 1301 for use in total flooding fire
suppression systems in normally unoccupied spaces. This action also
finds C7 Fluoroketone acceptable subject to narrowed use limits as a
substitute for halon 1211 for use as a streaming agent in portable fire
extinguishers in nonresidential applications. Halons are chemicals that
were once widely used in the fire protection sector but have been
banned from production in the U.S. since 1994 because their emissions
into the atmosphere are highly destructive to the stratospheric ozone
layer. This action will provide users that need specialized fire
protection applications with more alternatives to the use of halons.
Businesses that may be regulated, either through manufacturing,
distribution, installation and servicing, or use of the fire
suppression equipment containing the substitutes are listed in the
table below:
Table 1--Potentially Regulated Entities, by North American Industrial
Classification System (NAICS) Code
------------------------------------------------------------------------
Description of
Category NAICS code regulated entities
------------------------------------------------------------------------
Construction................... 238210 Alarm system (e.g.,
fire, burglar),
electric, installation
only.
Manufacturing.................. 325998 Fire extinguisher
chemical preparations
manufacturing.
Manufacturing.................. 332919 Nozzles, fire fighting,
manufacturing.
Manufacturing.................. 334290 Fire detection and
alarm systems
manufacturing.
Manufacturing.................. 336611 Shipbuilding and
repairing.
Manufacturing.................. 339999 Fire extinguishers,
portable,
manufacturing.
Manufacturing.................. 336411 Aircraft manufacturing.
Manufacturing.................. 336413 Other aircraft parts
and auxiliary
equipment
manufacturing.
------------------------------------------------------------------------
[[Page 58037]]
This table is not intended to be exhaustive, but rather a guide
regarding entities likely to be regulated by this action. If you have
any questions about whether this action applies to a particular entity,
consult the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Table of Contents
I. Section 612 Program
A. Statutory Requirements
B. Regulatory History
II. Listing Decision: Fire Suppression and Explosion Protection
A. Total Flooding: Powdered Aerosol F (KSA[supreg])--Acceptable
Subject to Use Conditions
B. Total Flooding: Powdered Aerosol G (Dry Sprinkler Powdered
Aerosol (DSPA) Fixed Generators)--Acceptable Subject to Use
Conditions
C. Streaming: C7 Fluoroketone--Acceptable Subject to Narrowed
Use Limits
III. Statutory and Executive Order Reviews
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 Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Section 612 Program
A. Statutory Requirements
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:
Rulemaking--Section 612(c) requires EPA to promulgate
rules making it unlawful to replace any class I (chlorofluorocarbon,
halon, carbon tetrachloride, methyl chloroform, 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 and to publish a corresponding list of
acceptable alternatives for specific uses. The list of acceptable
substitutes is found at https://www.epa.gov/ozone/snap/lists/,
and the lists of ``unacceptable,'' ``acceptable subject to use
conditions,'' and ``acceptable subject to narrowed use limits''
substitutes are found in the appendices to subpart G of 40 CFR part 82.
Petition Process--Section 612(d) grant the right to any
person to petition EPA to add a substitute to, or delete a substitute
from, the lists published in accordance with Section 612(c). The Agency
has 90 days to grant or deny a petition. Where the Agency grants the
petition, EPA must publish the revised lists within an additional six
months.
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.
Outreach--Section 612(b)(1) states that the Administrator
shall seek to maximize the use of federal research facilities and
resources to assist users of class I and II substances in identifying
and developing alternatives to the use of such substances in key
commercial applications.
Clearinghouse--Section 612(b)(4) requires the Agency to
set up a public clearinghouse of alternative chemicals, product
substitutes, and alternative manufacturing processes that are available
for products and manufacturing processes which use class I and II
substances.
B. Regulatory History
On March 18, 1994, EPA published the 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 (subpart G of 40 CFR
part 82). 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.
Section 612 of the CAA requires EPA to list as acceptable those
substitutes that do not present a significantly greater risk to human
health and the environment as compared with other substitutes that are
currently or potentially available.
Under the SNAP regulations, anyone who plans to market or produce a
substitute to replace a class I substance or class II substance in one
of the eight major industrial use sectors must provide notice to the
Agency, including health and safety information on the substitute at
least 90 days before introducing it into interstate commerce for
significant new use as an alternative. 40 CFR 82.176(a). This
requirement applies to the persons planning to introduce the substitute
into interstate commerce,\1\ which typically are chemical manufacturers
but may include importers, formulators, or end-users when they are
responsible for introducing a substitute into commerce.\2\ The 90-day
SNAP review process begins once EPA receives the submission and
determines that the submission includes complete and adequate data (40
CFR 82.180(a)). As required by the CAA, the SNAP regulations, 40 CFR
82.174(a), prohibit the introduction of a substitute into interstate
commerce earlier than 90 days after notice has been provided to the
Agency.
---------------------------------------------------------------------------
\1\ As defined at 40 CFR 82.104, ``interstate commerce'' means
the distribution or transportation of any product between one state,
territory, possession or the District of Columbia, and another
state, territory, possession or the District of Columbia, or the
sale, use or manufacture of any product in more than one state,
territory, possession or District of Columbia. The entry points for
which a product is introduced into interstate commerce are the
release of a product from the facility in which the product was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the product for sale or distribution, and at
the site of United States Customs clearance.
\2\ As defined at 40 CFR 82.172, ``end-use'' means processes or
classes of specific applications within major industrial sectors
where a substitute is used to replace an ODS.
---------------------------------------------------------------------------
The Agency has identified four possible decision categories for
substitutes that are submitted for evaluation: acceptable; acceptable
subject to use conditions; acceptable subject to narrowed use limits;
and unacceptable \3\ (40 CFR 82.180(b)). Use conditions and narrowed
use limits are both considered ``use restrictions'' and are explained
below. Substitutes that are deemed acceptable with no use
[[Page 58038]]
restrictions (no use conditions or narrowed use limits) can be used for
all applications within the relevant end-uses within the sector.
Substitutes that are acceptable subject to use restrictions may be used
only in accordance with those restrictions.
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\3\ The SNAP regulations also include ``pending,'' referring to
submissions for which EPA has not reached a determination, under
this provision.
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After reviewing a substitute, the Agency may determine that a
substitute is acceptable only if certain conditions in the way that the
substitute is used are met to minimize risks to human health and the
environment. EPA describes such substitutes as ``acceptable subject to
use conditions.'' Entities that use these substitutes without meeting
the associated use conditions are in violation of EPA's SNAP
regulations. 40 CFR 82.174(c).
For some substitutes, the Agency may permit a narrow range of use
within an end-use or sector. For example, the Agency may limit the use
of a substitute to certain end-uses or specific applications within an
industry sector. EPA describes these substitutes as ``acceptable
subject to narrowed use limits.'' A person using a substitute that is
acceptable subject to narrowed use limits in applications and end-uses
that are not consistent with the narrowed use limit is using the
substitute in an unacceptable manner and is in violation of section 612
of the CAA and EPA's SNAP regulations. 40 CFR 82.174(c).
The Agency publishes its SNAP program decisions in the Federal
Register (FR). EPA first publishes decisions concerning substitutes
that are deemed acceptable subject to use restrictions (use conditions
and/or narrowed use limits), or substitutes deemed unacceptable, as
proposed rulemakings to allow the public opportunity to comment, before
publishing final decisions.
In contrast, EPA publishes decisions concerning substitutes that
are deemed acceptable with no restrictions in ``notices of
acceptability,'' rather than as proposed and final rules. As described
in the preamble to the rule initially implementing the SNAP program (59
FR 13044; March 18, 1994), EPA does not believe that rulemaking
procedures are necessary to list alternatives that are acceptable
without restrictions because such listings neither impose any sanction
nor prevent anyone from using a substitute.
Many SNAP listings include ``Comments'' or ``Further Information''
to provide additional information on substitutes. Since this additional
information is not part of the regulatory decision, these statements
are not binding for use of the substitute under the SNAP program.
However, regulatory requirements so listed are binding under other
regulatory programs (e.g., worker protection regulations promulgated by
the U.S. Occupational Safety and Health Administration (OSHA)). The
``Further Information'' classification does not necessarily include all
other legal obligations pertaining to the use of the substitute. While
the items listed are not legally binding under the SNAP program, EPA
encourages users of substitutes to apply all statements in the
``Further Information'' column in their use of the substitute. In many
instances, the information simply refers to sound operating practices
that have already been identified in existing industry and/or building
codes and standards. Thus, many of the comments, if adopted, would not
require the affected user to make significant changes in existing
operating practices.
For copies of the comprehensive SNAP lists of substitutes or
additional information on SNAP, refer to EPA's Ozone Layer Protection
Web site at www.epa.gov/ozone/snap/. For more information on
the Agency's process for administering the SNAP program or criteria for
evaluation of substitutes, refer to the March 18, 1994, SNAP final
rulemaking (59 FR 13044), codified at 40 CFR part 82, subpart G. A
complete chronology of SNAP decisions and the appropriate citations are
found at https://www.epa.gov/ozone/snap/chron.html.
II. Listing Decision: Fire Suppression and Explosion Protection
A. Total Flooding: Powdered Aerosol F (KSA[supreg])--Acceptable Subject
to Use Conditions
EPA's Decision: EPA Finds Powdered Aerosol F Acceptable Subject to Use
Conditions as a Substitute for Halon 1301 for Use in Total Flooding
Fire Suppression Systems in Normally Unoccupied Spaces
Powdered Aerosol F is acceptable, subject to use conditions, as a
halon 1301 substitute for total flooding uses. As requested by the
submitter, the use condition requires that Powdered Aerosol F be used
only in areas that are not normally occupied. Powdered Aerosol F is
used as a fire suppression agent in an aerosol fire-extinguishing
system. It may be marketed under the name KSA[supreg].
The submitter has claimed the composition of Powdered Aerosol F as
confidential business information (CBI). You may find the submission
under docket EPA-HQ-OAR-2011-0111 at https://www.regulations.gov.
Environmental information: EPA has reviewed the potential
environmental impacts of this substitute. The active ingredients for
this technology are solids before and fine solid particulates after
use; therefore, the ozone depletion potential (ODP), global warming
potential (GWP), and atmospheric lifetime (ALT) are zero. Thus,
Powdered Aerosol F is not expected to pose any significant adverse
impacts on the ozone layer or climate.
All manufacturing occurs in a facility with strict controls on all
raw materials and processes, so minimal release to the ambient air is
expected during the manufacturing process. Because installation and
servicing occur at very large sites, releases in such locations are
expected to be well below the acceptable exposure limits. In the event
of a fire, Powdered Aerosol F is dispersed as fine solid particulates,
reacting to the heat to suppress the fire. The constituents of Powdered
Aerosol F are not volatile organic compounds (VOCs). If all spilled and
settled material in the manufacturing facility and all on-site
(installation, servicing, and system discharge) releases are cleaned up
and disposed of according to federal, state, and local requirements,
consistent with the material safety data sheet (MSDS), no release to
the environment is expected.
Toxicity and exposure data: EPA evaluated occupational and general
population exposure at manufacture and at end use to ensure that the
use of Powdered Aerosol F will not pose unacceptable risks to workers
or the general public. This risk screen is available in docket EPA-HQ-
OAR-2011-0111 under the name, ``Risk Screen on Substitute for Halon
1301 Total Flooding Systems in Unoccupied Spaces Substitute: Powdered
Aerosol F (KSA[supreg]).'' In particular, the risk screen considered
the highly respirable nature of the substitute as well as the potential
effect of increased blood pH from inhalation of the substitute. As
discussed below, the use of proper personal protective equipment (PPE)
during manufacturing, at installation, maintenance, and clean-up
minimizes personnel exposure from inhalation of the substitute. Blood
pH modeling also indicates that the levels of the constituent in
Powdered Aerosol F affecting blood pH are not expected to pose a health
risk. Based on this evaluation, EPA recommends the following
specifications for filling containers or installing total flooding fire
suppression systems with this agent:
--Appropriate protective clothing (e.g., goggles, particulate removing
respirators, and gloves) should be worn during the manufacture, clean
up, and disposal of this agent.
[[Page 58039]]
--Appropriate protective clothing (e.g., goggles, particulate removing
respirators, and gloves) should be worn during the installation and
maintenance of the extinguishing units filled with the agent.
--Training for safe handling procedures should be provided to all
employees that would be likely to handle the containers of the agent or
extinguishing units filled with the agent. Use of this agent should be
in accordance with the safety guidelines in the latest edition of the
National Fire Protection Association (NFPA) 2010 Standard for Aerosol
Extinguishing Systems.
The post activation product of Powdered Aerosol F is entirely
particulates, and as indicated by the submitter, of a fine size which
makes it highly respirable. A constituent of Powdered Aerosol F,
despite having low toxicity, can pose a human health risk because it
can raise blood pH level if inhaled in sufficient quantities. The
potential to increase blood pH is not considered a significant adverse
health effect because the body can restore the pH to normal range.
Using information provided by the submitter, we modeled a reasonable
worst-case accidental release (without a fire), exposing maintenance
personnel to the maximum design concentration provided by the
submitter. Blood pH modeling indicates that Powdered Aerosol F is not
expected to pose a significant health risk. This calculation and the
assumptions for respirable amounts and releases of Powdered Aerosol F
are included in the risk screen conducted for this substitute and are
available in the docket for this rule. While the levels of soluble
particles of Powdered Aerosol F are not expected to pose a significant
health risk, EPA recommends the following:
--Releases in all settings should be limited to an appropriate design
concentration for the protected space so that increased pH level would
not adversely affect exposed individuals; exposed individuals should be
given an electrolyte solution to drink afterwards to restore the pH
within the appropriate range;
--Users should provide special training to individuals required to be
in environments protected by Powdered Aerosol F extinguishing systems;
each container of the Powdered Aerosol F should be clearly labeled with
the potential hazards from use and safe handling procedures; and
--In the case of an accidental spill, the area should be well-
ventilated, and workers should wear protective equipment while
following good industrial hygiene practices for clean-up and disposal.
The MSDS contains similar requirements with regard to safe handling,
protection from, and clean-up of Powdered Aerosol F.
Use of Powdered Aerosol F should conform to relevant Occupational
Safety and Health Administration (OSHA) requirements, including 29 CFR
Part 1910, Subpart L, Sections 1910.160 and 1910.162. Per OSHA
requirements, protective gear (self-contained breathing apparatus)
should be available in the event that personnel re-enter the area after
Powdered Aerosol F has been discharged.
Comparison to other fire suppressants: According to the submitter,
the active ingredients for Powdered Aerosol F are solids before and
fine solid particulates after use. The post-activation products of
Powdered Aerosol F have an ODP and a GWP of zero, which is comparable
to or less than that for other non-ozone depleting substitutes for
halon 1301, such as Inert Gas 100, HFC-227ea or HFC-125, with GWPs of
zero, 3220, and 3500, respectively.\4\ Toxicity risks are low as
discussed above. We find that Powdered Aerosol F is acceptable for use
in normally unoccupied spaces because it poses comparable or lower
overall risk to public health and the environment than the other
available substitutes for the same end use.
---------------------------------------------------------------------------
\4\ IPCC, 2007: Climate Change 2007: The Physical Science Basis.
Contribution of Working Group I to the Fourth Assessment Report of
the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin,
M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L.
Miller (eds.)]. Cambridge University Press, Cambridge, United
Kingdom and New York, NY, USA. This document is accessible at https://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html.
---------------------------------------------------------------------------
B. Total Flooding: Powdered Aerosol G (Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators)--Acceptable Subject to Use Conditions
EPA's Decision: EPA Finds Powdered Aerosol G (DSPA Fixed Generators)
Acceptable as a Substitute for Halon 1301 for Total Flooding Uses in
Normally Unoccupied Spaces
Powdered Aerosol G is acceptable, subject to use conditions, as a
halon 1301 substitute for total flooding uses. As requested by the
submitter, the use condition requires that Powdered Aerosol G be used
only in areas that are normally unoccupied. Powdered Aerosol G is a
solid material in pellet form, which aerosolizes upon activation, and
housed in various-sized generator units. Depending on the fire
suppression requirement, a single generator or several generators may
be used in the protected space. When electrically or thermally
activated, Powdered Aerosol G produces combustion by-products (micron-
sized particles and a gaseous mixture of primarily nitrogen
(N2, CAS Reg. No. 7727-37-9)) that mix together into a
uniform fire extinguishing aerosol before being released into the
protected area. The released inert gases extinguish a fire in the space
by displacing the oxygen available for combustion and reducing the heat
of the combustion source. The submitter has claimed the composition of
Powdered Aerosol G as CBI. You may find the submission under docket
EPA-HQ-OAR-2011-0111 at https://www.regulations.gov.
Environmental information: The pre-activation constituents of
Powdered Aerosol G are solids before use and therefore have zero ODP
and zero GWP. Further, the ODP of each of the post-activation
constituents of Powdered Aerosol G is zero, and the GWPs of post-
activation constituents are 1 or less.
Of the organic constituents of Powdered Aerosol G, only hydrogen
cyanide (a post-activation product) has not been exempted as a VOC as
defined under CAA regulations (40 CFR 51.100(s)); however, it
constitutes approximately 5x10-3 percent of the post-
activation products by weight which is a very small amount. VOC
emissions from the production of the generators containing Powdered
Aerosol G are controlled through standard industry practices, and as
such, VOC emissions from manufacture are expected to be minimal.
Potential emissions of VOCs from the use of Powdered Aerosol G in the
fire extinguishing and explosion prevention sector are likely to be
insignificant relative to VOCs from all other sources (i.e., other
industries, mobile sources, and biogenic sources). An assessment was
performed to compare the annual VOC emissions from use of Powdered
Aerosol G in total flooding systems produced in one year to other
anthropogenic sources of VOC emissions. This assessment is available in
docket EPA-HQ-OAR-2011-0111 under the name, ``Risk Screen on Substitute
for Halon 1301 Total Flooding Systems in Unoccupied Spaces, Substitute:
Powdered Aerosol G (Dry Sprinkler Powdered Aerosol (DSPA) Fixed
Generators).'' Assuming that 100 percent of Powdered Aerosol G produced
in one year\5\ were to be used
[[Page 58040]]
in fire occurrences and thus released to the atmosphere (extremely
unlikely), only 0.04 metric tonnes of VOCs would be emitted, which is
approximately equal to 8.6x10-6 percent of the annual VOC
emissions caused by fires,\6\ or only about 1.5x10-6 percent
of annual VOC emissions caused by highway vehicles.\7\ This assessment
finds that even at an unlikely release rate of 100 percent, the VOC
emissions from use of Powdered Aerosol G are several orders of
magnitude lower than other anthropogenic emissions; therefore, the
environmental impacts of these VOCs are not considered a significant
risk to local air quality.
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\5\ Maximum total production per year at market saturation
figure is based on DSPA SNAP submission.
\6\ Based on 2010 projections calculated using 2008 EPA annual
VOC emissions data for residential wood burning and agricultural
field burning (EPA 2008 and EPA 2011) and ICF assumptions.
\7\ Based on 2010 projections calculated using 2008 EPA annual
VOC emissions data (EPA 2009) and ICF assumptions.
---------------------------------------------------------------------------
Toxicity and exposure data: EPA evaluated occupational and general
population exposure at manufacture and at end use to ensure that the
use of Powdered Aerosol G will not pose unacceptable risks to workers
or the general public. This risk screen is available in docket EPA-HQ-
OAR-2011-0111 under the name, ``Risk Screen on Substitute for Halon
1301 Total Flooding Systems in Unoccupied Spaces, Substitute: Powdered
Aerosol G (Dry Sprinkler Powdered Aerosol (DSPA) Fixed Generators).''
Exposure to the DSPA generator upon activation may result in
irritation if inhalation, ingestion, skin contact, or eye contact
occurs. Exposure to an aerosol suppression agent may cause temporary,
mild irritation of mucous membranes if inhaled and may cause slight
irritation of the skin. In the event of an accidental discharge, the
room should be immediately evacuated and the instructions listed in the
MSDS for Powdered Aerosol G should be followed. Workers should not
enter the space following discharge until all particles have settled
and/or been ventilated and the gases released by the system have
dissipated.
EPA finds that the use of the exposure controls discussed in the
following sections and adherence with the appropriate occupational
safety guidelines and requirements in the manufacturer's MSDS are
sufficient to ensure that the manufacture, installation, maintenance,
and cleanup of Powdered Aerosol G do not pose a risk to human health.
Likewise, no consumer exposure is expected because Powdered Aerosol G
systems are designed for use in commercial and industrial applications
only in normally unoccupied spaces.
Powdered Aerosol G is not expected to pose a risk to workers during
manufacture due to an automated production process. The only place
where workers may be exposed to the constituents is during the loading
of the processing vessel/mixer, which accounts for less than 10 minutes
of the production time. According to the submitter, these workers wear
PPE including protective suits, safety glasses, and respirators. The
entire manufacturing space is ventilated with a local exhaust system to
reduce airborne exposure of the Powdered Aerosol G constituents. The
submitter reported to EPA that manufacture of Powdered Aerosol G
pellets and generators does not take place in the United States. Only
the final product, the Powdered Aerosol G generator unit, consisting of
the rigid steel case containing solid blocks of the Powdered Aerosol G
extinguishing compound is sold in the United States. In the ``Further
Information'' columns of the tables summarizing today's listing
decisions, EPA recommends the following for establishments filling,
installing, or servicing generator units or systems to be used in total
flooding applications:
--Appropriate protective clothing (e.g., goggles, particulate removing
respirators, and gloves) should be worn during the manufacture, clean
up, and disposal of this agent as well as during the installation and
maintenance of the generator units filled with the agent;
--Training for safe handling procedures should be provided to all
employees that would be likely to handle the agent or the generator
units containing the agent; and
--Use of this agent should be in accordance with the safety guidelines
in the latest edition of the National Fire Protection Association
(NFPA) 2010 Standard for Aerosol Extinguishing Systems.
Powdered Aerosol G generators are not expected to pose a risk to
workers during installation, maintenance, and cleanup. In accordance
with Department of Health and Human Services regulations (42 CFR part
84), safety glasses and a NIOSH/CDC-approved N99 respirator are
required for individuals installing Powdered Aerosol G fixed systems.
In the event of an accidental discharge, the manufacturer's MSDS should
be followed, including the use of a NIOSH N99 respirator and goggles.
For cleanup operations, workers should not enter the space after
discharge until all particles have settled and/or been ventilated and
the gases released by the system have dissipated. Workers entering the
space before it has been ventilated should wear protective clothing,
goggles, and a self-contained breathing apparatus (SCBA). In accordance
with the MSDS, EPA recommends the following:
--The post-activation products of Powdered Aerosol G should be
collected by hand (e.g., with a dustpan and duster or a vacuum
cleaner);
--Waste should be collected in suitable drums for disposal and the area
should be washed clean with sufficient quantities of water;
--Employers should provide special training to workers required to
clean up after discharge or required to work near spaces protected by
Powdered Aerosol G fixed generator total flooding systems;
--Each Powdered Aerosol G generator unit should be clearly labeled with
the potential hazards of use and with safe handling procedures; and
--In the case of an accidental discharge, the area should be well-
ventilated, and workers should wear protective equipment while
following good industrial hygiene practices for clean-up and disposal.
Use of Powdered Aerosol G generators should conform to relevant
OSHA requirements, including 29 CFR part 1910, subpart L, sections
1910.160 and 1910.162. Per OSHA requirements, protective gear (self-
contained breathing apparatus) should be available in the event that
personnel re-enter the area before the particles have settled
(approximately 30-40 minutes after discharge) or before the space has
been ventilated.
Comparison to other fire suppressants: The post-activation products
of Powdered Aerosol G have ODPs of zero and GWPs of 1 or less,
comparable to or less than that for other non-ozone depleting
substitutes for halon 1301, such as Inert Gas 100, HFC-227ea or HFC-
125, with GWPs of zero, 3220, and 3500, respectively.\8\ Toxicity risks
are low when used in normally unoccupied areas for commercial and
industrial specialty fire protection applications. We find that
Powdered Aerosol G is acceptable for use in normally unoccupied areas
because it poses comparable or lower overall risk to public health and
the environment than the other substitutes acceptable in
[[Page 58041]]
the end use listed above when used in accordance with the use
condition.
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\8\ IPCC, 2007.
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C. Streaming: C7 Fluoroketone--Acceptable Subject to Narrowed Use
Limits
EPA's decision: EPA Finds C7 Fluoroketone Is Acceptable Subject to
Narrowed Use Limits as a Substitute for Halon 1211 for Use as a
Streaming Agent. The Narrowed Use Limits Require That C7 Fluoroketone
Be Used Only in Nonresidential Applications
C7 Fluoroketone is also known as C7 FK or FK-6-1-14. This
substitute is a blend of two isomers, 3-pentanone,1,1,1,2,4,5,5,5-
octafluoro-2,4-bis(trifluoromethyl) (Chemical Abstracts Service
Registry Number [CAS Reg. No.] 813-44-5) and 3-
hexanone,1,1,1,2,4,4,5,5,6,6,6-undecafluoro-2-(trifluoromethyl) (CAS
Reg. No. 813-45-6). You may find the submission under docket EPA-HQ-
OAR-2011-0111 at https://www.regulations.gov.
Environmental information: C7 Fluoroketone has zero ODP and a GWP
of approximately 1. Therefore, C7 Fluoroketone is not expected to pose
any significant adverse impact on the ozone layer or climate.
The physicochemical properties of the majority of halon substitutes
make it unlikely that the substitutes would be released to surface
water as a result of use. In the case of C7 Fluoroketone, the proposed
substitute is insoluble in water and readily volatilizes. Thus, EPA
expects that all of the constituents would rapidly vaporize during
expulsion from the container, would not be likely to settle, and
therefore would be unlikely to lead to surface water contamination or
generation of solid waste.
C7 Fluoroketone has not been exempted as a VOC under the CAA (40
CFR 51.100(s)). VOC emissions from the production of portable
extinguishers charged with C7 Fluoroketone are controlled through
standard industry practices, and as such, emissions from manufacture of
units are likely to be minimal. An assessment was performed to compare
the annual VOC emissions from use of C7 Fluoroketone in portable
extinguishers in one year to other anthropogenic sources of VOC
emissions. This assessment is available in docket EPA-HQ-OAR-2011-0111
under the name, ``Risk Screen on Substitute for Halon 1211 as a
Streaming Agent in Portable Fire Extinguishers Substitute: C7
Fluoroketone.'' This assessment finds that even if the entire portion
for streaming agent applications of the allowable quantity of C7 FK
produced by the submitter in one year was all released to the
atmosphere (extremely unlikely), the resulting VOC emissions would be
approximately equal to 3.0 x 10-2 percent of annual VOC
emissions caused by fires,\9\ or only about 1.1 x 10-3
percent of all annual anthropogenic VOC emissions.\10\ As these
emissions are several orders of magnitude less than other anthropogenic
emissions, the environmental impacts of these VOCs are not considered a
significant risk to local air quality.
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\9\ Based on 2010 projections calculated using 2008 EPA annual
VOC emissions data for residential wood burning and agricultural
field burning (EPA 2008 and EPA 2011) and ICF assumptions.
\10\ Based on 2010 projections calculated using 2008 EPA annual
VOC emissions data (EPA 2009) and ICF assumptions.
---------------------------------------------------------------------------
Toxicity and exposure data: Inhalation of C7 Fluoroketone could
cause respiratory tract irritation and symptoms may include cough,
sneezing, nasal discharge, headache, hoarseness, and nose and throat
pain. Contact with the eyes and/or skin during product use is not
expected to result in significant irritation. Ingestion of C7
Fluoroketone is not expected to cause health effects, and there is no
anticipated need for first aid if C7 Fluoroketone is ingested. The
potential health effects of C7 Fluoroketone can be minimized by
following the exposure guidelines and recommendations for ventilation
and PPE outlined in the MSDS and discussed further below.
EPA evaluated occupational and general population exposure at
manufacture and at end use to ensure that the use of C7 Fluoroketone
will not pose unacceptable risks to workers or the general public. This
risk screen is available in docket EPA-HQ-OAR-2011-0111 under the name,
``Risk Screen on Substitute for Halon 1211 as a Streaming Agent in
Portable Fire Extinguishers Substitute: C7 Fluoroketone.''
EPA is providing the following additional information regarding use
of C7 Fluoroketone as a streaming agent in nonresidential applications.
Appropriate protective measures should be taken and proper training
administered for the manufacture, clean-up and disposal of this
product. For this new chemical, the manufacturer developed an
acceptable exposure limit (AEL) for the workplace set at a level
believed to protect from chronic adverse health effects those workers
who are regularly exposed, such as in the manufacturing or filling
processes. EPA reviewed the submitter's supporting data and accepts the
manufacturer's AEL for C7 Fluoroketone of 225 ppm over an 8-hour time-
weighted average.\11\ EPA recommends the following for establishments
filling canisters to be used in streaming applications:
---------------------------------------------------------------------------
\11\ ``Determination of an AEL for C7 Fluoroketone (C7 FK),''
Appendix A to Risk Screen on Substitute for Halon 1211 as a
Streaming Agent in Portable Fire Extinguishers Substitute: C7
Fluoroketone. Available in docket EPA-HQ-OAR-2011-0111.
---------------------------------------------------------------------------
--Adequate ventilation should be in place;
--All spills should be cleaned up immediately in accordance with good
industrial hygiene practices; and
--Training for safe handling procedures should be provided to all
employees that would be likely to handle the containers of the agent or
extinguishing units filled with the agent.
EPA anticipates that C7 Fluoroketone will be used consistent with the
recommendations specified in the manufacturer's MSDS.
EPA recommends use of C7 Fluoroketone as a streaming agent in
accordance with the latest edition of NFPA Standard 10 for Portable
Fire Extinguishers. We expect that users will be able to meet the
recommended workplace exposure limit and address potential health risks
by following the above recommendations, using the substitute in
accordance with the manufacturer's MSDS, and following other safety
precautions common to the fire protection industry.
Comparison to other fire suppressants: C7 Fluoroketone is not
ozone-depleting with a GWP of 1 in contrast to halon 1211 (with an ODP
of 7.1 and a GWP of 1890), the ODS which it replaces. Compared to other
substitutes for halon 1211, such as HCFC Blend B (with ODP of roughly
0.01 and GWP of roughly 80), HFC-227ea (with ODP of 0 and GWP of 3220),
and HFC-236fa (with an ODP of 0 and GWP of 9810), C7 Fluoroketone has a
similar or less significant impact on the ozone layer and climate. Risk
to the general population is expected to be negligible provided that
the substitute is not used in residential applications as requested by
the submitter and as established under the narrowed use limits.
Occupational exposure should not pose a problem if use is in accordance
with the manufacturer's MSDS and other precautions normally used in the
fire protection industry. Thus, we find that C7 Fluoroketone is
acceptable subject to narrowed use limits because the overall
environmental and human health risk posed by C7 Fluoroketone is lower
than or comparable to the risks posed by
[[Page 58042]]
other available substitutes in the same end use.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
OMB notified EPA on May 5, 2011, that it considers this action not
a ``significant regulatory action'' under the terms of Executive Order
12866 (58 FR 51735, October 4, 1993) and it is therefore not subject to
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
This final rule is an Agency determination. It contains no new
requirements for reporting. However, the Office of Management and
Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations in subpart G of 40
CFR part 82 under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0226 (EPA
ICR No. 1596.08). The OMB control numbers for EPA's regulations are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statutes unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impact of today's rule on small
entities, small entities are defined as (1) a small business that
produces or uses fire suppressants as total flooding and/or streaming
agents with 500 or fewer employees or total annual receipts of $5
million or less; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities beyond current
industry practices. Today's action effectively supports the
introduction of three new alternatives to the market for fire
protection extinguishing systems, thus providing additional options for
users making the transition away from ozone-depleting halons.
Use of halon 1301 total flooding systems and halon 1211 streaming
agents have historically been in specialty fire protection applications
including essential electronics, civil aviation, military mobile weapon
systems, oil and gas and other process industries, and merchant
shipping with smaller segments of use including libraries, museums, and
laboratories. The majority of halon system and equipment owners
continue to maintain and refurbish existing systems since halon
supplies continue to be available in the U.S. Owners of new facilities
make up the market for the new alternative agent systems and may also
consider employing other available fire protection options including
new, improved technology for early warning and smoke detection. Thus,
EPA is providing more options to any entity, including small entities,
by finding substitutes acceptable for use. The use restrictions imposed
on the substitutes in today's rule are consistent with the applications
suggested by the submitters and with current industry practices.
Therefore, we conclude that the rule does not impose any new cost on
businesses.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. By
introducing three new substitutes, today's rule gives additional
flexibility to small entities that are concerned with fire suppression.
EPA also has worked closely together with the NFPA, which conducts
regular outreach with small entities and involves small state, local,
and tribal governments in developing and implementing relevant fire
protection standards and codes.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any State, local, or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This direct final
rule will provide additional options for fire protection subject to
safety guidelines in industry standards. These standards are typically
already required by state or local fire codes, so this action will not
affect small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This regulation applies directly to
facilities that use these substances and not to governmental entities.
Thus, Executive Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. It does not significantly or uniquely affect the
communities of Indian tribal governments, because this regulation
applies directly to facilities that use these substances and not to
governmental entities. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to E.O. 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in E.O.
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This action's health and risk assessments are
discussed in section II.
[[Page 58043]]
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This rulemaking does not involve setting technical standards. EPA
defers to existing NFPA voluntary consensus standards and Occupational
Safety and Health Administration (OSHA) regulations that relate to the
safe use of halon substitutes reviewed under SNAP. EPA refers users to
the latest edition of NFPA 2010 Standard on Aerosol Extinguishing
Systems which provides for safe use of aerosol extinguishing agents and
technologies and NFPA 10 Standard for Portable Fire Extinguishers.
Copies of these standards may be obtained by calling the NFPA's
telephone number for ordering publications at 1-800-344-3555. The NFPA
2010 standards meet the objectives of the rule by setting
scientifically-based guidelines for safe exposure to halocarbon and
inert gas agents and aerosol extinguishing agents, respectively. In
addition, EPA has worked in consultation with OSHA to encourage
development of technical standards to be adopted by voluntary consensus
standards bodies.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This direct final rule would provide fire
suppression substitutes that have no ODP and low or no GWP. The avoided
ODS and GWP emissions would assist in restoring the stratospheric ozone
layer, avoiding adverse climate impacts, and result in human health and
environmental benefits.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective December 18, 2012.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements,
Stratospheric ozone layer.
Dated: September 11, 2012.
Lisa P. Jackson,
Administrator.
For the reasons set out in the preamble, 40 CFR part 82 is amended
as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Subpart G--Significant New Alternatives Policy Program
0
2. Subpart G of part 82 is amended by adding Appendix S to read as
follows: Appendix S to Subpart G of Part 82--Substitutes Listed in the
September 19, 2012 Final Rule, Effective December 18, 2012.
[[Page 58044]]
Fire Suppression and Explosion Protection Sector--Acceptable Subject To Use Conditions
----------------------------------------------------------------------------------------------------------------
End-Use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total Flooding............... Powdered Acceptable For use only in Use of this agent should be in
Aerosol F subject to use normally accordance with the safety
(KSA[supreg]) conditions. unoccupied guidelines in the latest
as a areas. edition of the NFPA 2010
substitute for standard for Aerosol
Halon 1301. Extinguishing Systems.
For establishments filling,
installing, servicing, using,
or disposing of containers or
systems to be used in total
flooding applications, EPA
recommends the following:
--appropriate protective
clothing (e.g., goggles,
particulate removing
respirators, and gloves)
should be worn during the
installation and maintenance
of the extinguishing units
filled with the agent or
during clean up and disposal
of this agent;
--training should be provided
to all employees that would
be likely to handle
containers of the agent or
extinguishing units filled
with the agent, required to
clean up after discharge or
required to work near spaces
protected by Powdered Aerosol
F.
Releases in all settings
should be limited to an
appropriate design
concentration for the
protected space so that
increased blood pH level
would not adversely affect
exposed individuals.
Exposed individuals should be
given an electrolyte solution
to drink afterwards to
restore the pH within the
appropriate range.
Each extinguisher should be
clearly labeled with the
potential hazards from use
and safe handling procedures.
In the case of an accidental
spill, the area should be
well-ventilated, and workers
should wear protective
equipment while following
good industrial hygiene
practices for clean-up and
disposal.
See additional comments 1, 2,
3, 4.
Total Flooding............... Powdered Acceptable For use only in Use of this agent should be in
Aerosol G (Dry subject to use normally accordance with the safety
Sprinkler conditions. unoccupied guidelines in the latest
Powdered areas. edition of the NFPA 2010
Aerosol (DSPA) standard for Aerosol
Fixed Extinguishing Systems.
Generators) as For establishments filling,
a substitute installing, servicing, using
for Halon 1301. or disposing of generator
units or systems in total
flooding applications, EPA
recommends the appropriate
protective clothing (e.g.,
goggles, particulate removing
respirators, and gloves)
should be worn during the
installation and maintenance
of the extinguishing units
filled with the agent or
during clean up and disposal
of this agent.
Powdered Aerosol G should be
collected by hand (e.g., with
a dustpan and duster or a
vacuum cleaner); waste should
be collected in suitable
drums for disposal and the
area should be washed clean
with sufficient quantities of
water; and training should be
provided to all employees
that would be likely to
handle the agent or generator
units filled containing the
agent, required to clean up
after discharge or required
to work near spaces protected
by Powdered Aerosol G fixed
generator total flooding
systems.
In accordance with Department
of Health and Human Services
regulations (42 CFR Part 84),
safety glasses and a NIOSH/
CDC-approved N99 respirator
are required for individuals
installing Powdered Aerosol G
fixed systems.
Each generator unit should be
clearly labeled with the
potential hazards from use
and safe handling procedures.
In the case of an accidental
discharge, the area should be
well-ventilated, and workers
should wear protective
equipment while following
good industrial hygiene
practices for clean-up and
disposal.
See additional comments 1, 2,
3, 4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[[Page 58045]]
Fire Suppression and Explosion Protection Sector--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
End-Use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Streaming.................... C7 Fluoroketone Acceptable For use only in Use of this agent should be in
as a subject to non- accordance with the latest
substitute for narrowed use residential edition of NFPA Standard 10
Halon 1211. limits. applications. for Portable Fire
Extinguishers.
For operations that fill
canisters to be used in
streaming applications, EPA
recommends the following:
--Adequate ventilation should
be in place;
--All spills should be cleaned
up immediately in accordance
with good industrial hygiene
practices; and
--Training for safe handling
procedures should be provided
to all employees that would
be likely to handle
containers of the agent or
extinguishing units filled
with the agent.
See additional comments 1, 2,
3, 4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[FR Doc. 2012-23138 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P
