Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances-Fire Suppression and Explosion Protection, 24997-25003 [2013-10046]

Download as PDF 24997 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations Name of non-regulatory SIP revision Applicable geographic area State submittal date * * * Negative Declarations—VOC Metropolitan Washington Source Categories. ozone nonattainment area. Negative Declarations—VOC Metropolitan Washington Source Categories. ozone nonattainment area. * * 3. Section 52.478 is amended by adding paragraph (c) to read as follows: Rules and regulations. * * * * * (c) On March 24, 2011, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District which belong to the following VOC categories: (1) Auto and Light-duty Truck Assembly Coatings; (2) Fiberglass Boat Manufacturing Materials; (3) Paper, Film and Foil Coatings; (4) Flatwood Paneling. [FR Doc. 2013–09937 Filed 4–26–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2011–0111; FRL–9800–9] RIN–2060–AQ84 Protection of Stratospheric Ozone: Listing of Substitutes for OzoneDepleting Substances—Fire Suppression and Explosion Protection Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: Pursuant to the U.S. Environmental Protection Agency’s Significant New Alternatives Policy program, this action lists C7 Fluoroketone as an acceptable substitute, subject to narrowed use limits, for ozone-depleting substances used as streaming agents in the fire suppression and explosion protection sector. The program implements Section 612 of the Clean Air Act, as amended in 1990, which requires the Agency to SUMMARY: emcdonald on DSK67QTVN1PROD with RULES 1/26/10, 3/24/11 * ■ § 52.478 * 4/8/93, 9/4/97 * EPA approval date Additional explanation * * * 10/27/99, 64 FR 57777 ........ 52.478(a), 52.478(b). 4/29/13 [Insert Federal Register page number where the document begins and date]. * evaluate substitutes 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 May 29, 2013. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2011–0111. 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., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and is publicly available only in hard copy form. 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: The regulations implementing the Significant New Alternatives Policy (SNAP) program are codified at 40 CFR 52.478(c). * * part 82, subpart G. The appendices to subpart G list substitutes for ozonedepleting substances (ODSs) for specific end uses as unacceptable or as 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. This final rule will add a new fire suppression agent to the SNAP list of acceptable substitutes in the appendices to subpart G and specifically to the list of substitutes for halon 1211 for streaming uses. This action does not place any significant burden on the regulated community but lists as acceptable, subject to narrowed use limits, a new halon substitute. The restrictions will ensure that this substitute will not pose a greater risk to human health or the environment than other available or potentially available substitutes in the fire suppression end use. This final rule 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 Category NAICS Code Construction .............................................. Manufacturing ........................................... VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 238210 325998 PO 00000 Description of regulated entities Alarm system (e.g., fire, burglar), electric, installation only. Fire extinguisher chemical preparations manufacturing. Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\29APR1.SGM 29APR1 24998 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations TABLE 1—POTENTIALLY REGULATED ENTITIES, BY NORTH AMERICAN INDUSTRIAL CLASSIFICATION SYSTEM (NAICS) CODE—Continued Category Manufacturing Manufacturing Manufacturing Manufacturing Manufacturing Manufacturing NAICS Code ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... 332919 334290 336611 339999 336411 336413 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 Streaming Application: C7 Fluoroketone— Acceptable Subject to Narrowed Use Limits III. Response to Public Comment IV. Final Action V. 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 emcdonald on DSK67QTVN1PROD with RULES 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 VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 Description of regulated entities 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. 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 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 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 E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES 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 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 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. VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 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. 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 in the Federal Register at 59 FR 13044 on 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 SNAP final rulemaking in the Federal Register at 59 FR 13044 on March 18, 1994, codified PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 24999 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 Streaming Application: C7 Fluoroketone— Acceptable Subject to Narrowed Use Limits EPA’s decision: EPA finds C7 Fluoroketone 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 volatile organic compound (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 E:\FR\FM\29APR1.SGM 29APR1 emcdonald on DSK67QTVN1PROD with RULES 25000 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 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 3.0×10¥2 percent of annual VOC emissions caused by fires,4 or only about 1.1×10¥3 percent of all annual anthropogenic VOC emissions.5 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 personal protective equipment (PPE) outlined in the Material Safety Data Sheet (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 4 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. 5 Based on 2010 projections calculated using 2008 EPA annual VOC emissions data (EPA 2009) and ICF assumptions. VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 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.6 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 that users of C7 Fluoroketone as a streaming agent act 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 approximately 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 because under the narrowed use limits the substitute is not approved for use in residential applications. 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. 6 ‘‘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. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 III. Response to Public Comment The EPA published in the Federal Register at 77 FR 58035 on September 19, 2012, a direct final rule and a companion proposed rule issuing listings for three fire suppressants under EPA’s SNAP program. Because EPA received an adverse comment concerning the fire suppressant C7 Fluoroketone, EPA withdrew that part of the direct final rule that listed C7 Fluoroketone at 77 FR 74381 on December 19, 2012. This section summarizes EPA’s response to the comment received on the proposed rule. The comment as well as a late comment from the manufacturer of C7 Fluoroketone and additional supporting documents used for EPA’s response can be found in docket EPA–HQ–OAR– 2011–0111. Comments: A commenter questioned the potential toxicity and environmental impacts of C7 Fluoroketone based on the ability of some other fluorinated ketones to react in water to form active perfluorinated compounds. The commenter indicates concern that the reactivity of perfluorinated ketones in water, particularly in tissues in which there is a lung:blood air interface (e.g., nose, sinus, trachea along an inhalation portal of entry), may pose significant risks to individuals breathing the compound due to interference with proper oxygenation of the blood and/or lung edema. The commenter also stated that the two principal components of C7 Fluoroketone were expected to produce derivatives of perfluorobutanoic acid in the environment, in particular hexafluoroacetone (HFA). The commenter provides two references documenting the extreme reactivity of HFA in water. In response to the above comment, the compound’s manufacturer submitted a late comment disagreeing with these statements and indicating that hydrate formation is significantly different for branched fluoroketones such as C7 Fluoroketone compared to simple unbranched fluoroketones such as HFA. The manufacturer stated that C7 Fluoroketone has low mammalian toxicity, low potential for aquatic toxicity and low environmental impact. Response: After evaluating the comment, reviewing the risk screen prepared under SNAP, and reviewing supplemental information provided by the manufacturer, EPA disagrees with the concerns raised by the first commenter. In the SNAP submission for C7 Fluoroketone in the streaming enduse and in more recent information submitted by the manufacturer, data indicate that C7 Fluoroketone has very E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations low solubility or reactivity in water and that it is highly volatile. The lack of water solubility for C7 FK indicates that it will not form gem-diol hydrates and will thus not have appreciable effects in any organisms that might be exposed to it. In addition, the lack of solubility and high volatility will prevent any significant formation of perfluorobutanoic acid derivatives (e.g., HFA) in surface waters. While the two references provided by the commenter document the extreme reactivity of HFA in water (a fact that is supported by other sources of chemical information), these references provide no information to support the claim that C7 Fluoroketone should react similarly. Further, two inhalation studies performed for C7 Fluoroketone (a 5-day repeat toxicity study in which study animals were exposed to high concentrations of the compound and a 28-day repeat dose study in which male and female rats were exposed to concentrations ≤10,000 ppm for 6 hours per day) showed no inhalation portal-ofentry effects.7 No other observations were reported that might indicate any other adverse effects on blood oxygenation or similar impairments. The concern with potential toxicity of C7 Fluoroketone is not supported by information available about its chemistry and current toxicity testing data on the compound. IV. Final Action We are issuing a final listing for C7 Fluoroketone, finding it acceptable subject to narrowed use limits for use as a substitute for halon 1211 as a streaming agent in non-residential applications, as initially proposed. We have determined that the overall environmental and human health risk posed by C7 Fluoroketone is lower than or comparable to the risks posed by other available substitutes in the same end use. emcdonald on DSK67QTVN1PROD with RULES V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is 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). 7 Portal of entry effects are specifically investigated in acute and short-term inhalation exposure studies as the relevant tissues will receive the greatest exposure to the study compound. VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 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 such as total flooding and/ or streaming agents as defined by the Small Business Administration’s regulations at 13 CFR 121.201; (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-forprofit 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 a new alternative 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 25001 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 narrowed use limit imposed on the substitute in today’s rule is consistent with the application suggested by the submitter 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 finding a new substitute acceptable, 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 final rule will provide an additional option 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 E:\FR\FM\29APR1.SGM 29APR1 25002 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 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 the substance 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 (65 FR 67249, November 9, 2000). It does not significantly or uniquely affect the communities of Indian tribal governments because this regulation applies directly to facilities that use this substance and not to tribal or 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. 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. emcdonald on DSK67QTVN1PROD 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 VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 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 involves 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 has worked in consultation with OSHA to encourage development of technical standards to be adopted by voluntary consensus standards bodies. EPA refers users to the latest edition of NFPA 10 Standard for Portable Fire Extinguishers. A copy of this standard may be obtained by calling the NFPA’s telephone number for ordering publications at 1–800–344– 3555. 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 final rule provides a fire suppression substitute with no ODP and low GWP. The PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 avoided ODS and greenhouse gas 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 May 29, 2013. 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: April 18, 2013. Bob Perciasepe, Acting 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 T to read as follows: ■ Appendix T to Subpart G of Part 82— Substitutes listed in the April 29, 2013 Final Rule, effective May 29, 2013. E:\FR\FM\29APR1.SGM 29APR1 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 25003 FIRE SUPPRESSION AND EXPLOSION PROTECTION SECTOR—ACCEPTABLE SUBJECT TO NARROWED USE LIMITS End-use Substitute Decision Streaming ................... C7 Fluoro-ketone as a substitute for Halon 1211. Acceptable subject to narrowed use limits. Conditions For use only in nonresidential applications. Further Information 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. [FR Doc. 2013–10046 Filed 4–26–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 121009528–2729–02] RIN 0648–XC634 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfers. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2013 commercial summer flounder quota to the Commonwealth of Virginia and to the State of Rhode Island; and that the Commonwealth of Virginia is transferring a portion of its 2013 commercial summer flounder quota to the Commonwealth of Massachusetts and to the State of New Jersey. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved. DATES: Effective April 24, 2013, through December 31, 2013. FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management Specialist, 978–281–9224. emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:12 Apr 26, 2013 Jkt 229001 SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR part 648, and require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i) to evaluate requests for quota transfers or combinations. North Carolina has agreed to transfer 556,921 lb (252,615 kg) of its 2013 commercial quota to Virginia. This transfer was prompted by summer flounder landings of a number of North Carolina vessels that were granted safe harbor in Virginia due to hazardous shoaling, from March 20, 2013, to April 5, 2013, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. North Carolina has also PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 agreed to transfer 8,940 lb (4,055 kg) of its 2013 commercial quota to Rhode Island. This transfer was prompted by summer flounder landings of a North Carolina vessel that was granted safe harbor in Rhode Island on March 17, 2013, thereby requiring a quota transfer to account for an increase in Rhode Island’s landings that would have otherwise accrued against the North Carolina quota. Virginia has agreed to transfer 10,990 lb (4,985 kg) of its 2013 commercial quota to Massachusetts. This transfer was prompted by summer flounder landings of a Virginia vessel that was granted safe harbor in Massachusetts on March 20, 2013, thereby requiring a quota transfer to account for an increase in Massachusetts’ landings that would have otherwise accrued against Virginia quota. Virginia has also agreed to transfer 11,729 lb (5,320 kg) of its 2013 commercial quota to New Jersey. This transfer was prompted by summer flounder landings of a Virginia vessel that was granted safe harbor in New Jersey on March 7, 2013, thereby requiring a quota transfer to account for an increase in New Jersey’s landings that would have otherwise accrued against the Virginia quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder quotas for calendar year 2013 are: North Carolina, 422,360 lb (191,579 kg); Virginia, 5,040,501 lb (2,286,333 kg); New Jersey, 1,972,066 lb (894,514 kg); Rhode Island, 1,839,824 lb (834,530 E:\FR\FM\29APR1.SGM 29APR1

Agencies

[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Rules and Regulations]
[Pages 24997-25003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10046]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2011-0111; FRL-9800-9]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the U.S. Environmental Protection Agency's 
Significant New Alternatives Policy program, this action lists C7 
Fluoroketone as an acceptable substitute, subject to narrowed use 
limits, for ozone-depleting substances used as streaming agents in the 
fire suppression and explosion protection sector. The program 
implements Section 612 of the Clean Air Act, as amended in 1990, which 
requires the Agency to evaluate substitutes 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 May 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2011-0111. 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., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and is publicly available only in hard copy 
form. 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: 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 as 
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/. This final rule will 
add a new fire suppression agent to the SNAP list of acceptable 
substitutes in the appendices to subpart G and specifically to the list 
of substitutes for halon 1211 for streaming uses. This action does not 
place any significant burden on the regulated community but lists as 
acceptable, subject to narrowed use limits, a new halon substitute. The 
restrictions will ensure that this substitute will not pose a greater 
risk to human health or the environment than other available or 
potentially available substitutes in the fire suppression end use.
    This final rule 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.

[[Page 24998]]

 
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.
------------------------------------------------------------------------

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 
Streaming Application: C7 Fluoroketone--Acceptable Subject to 
Narrowed Use Limits
III. Response to Public Comment
IV. Final Action
V. 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

[[Page 24999]]

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 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.
---------------------------------------------------------------------------

    \3\ The SNAP regulations also include ``pending,'' referring to 
submissions for which EPA has not reached a determination, under 
this provision.
---------------------------------------------------------------------------

    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. 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 in 
the Federal Register at 59 FR 13044 on 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 SNAP final rulemaking in the 
Federal Register at 59 FR 13044 on March 18, 1994, 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 
Streaming

    Application: C7 Fluoroketone--Acceptable Subject to Narrowed Use 
Limits
EPA's decision: EPA finds C7 Fluoroketone 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 volatile organic 
compound (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

[[Page 25000]]

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 3.0x10-2 percent 
of annual VOC emissions caused by fires,\4\ or only about 
1.1x10-3 percent of all annual anthropogenic VOC 
emissions.\5\ The environmental impacts of these VOCs are not 
considered a significant risk to local air quality.
---------------------------------------------------------------------------

    \4\ 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.
    \5\ 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 personal protective equipment (PPE) outlined in the Material Safety 
Data Sheet (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.\6\ EPA recommends the following for establishments 
filling canisters to be used in streaming applications:
---------------------------------------------------------------------------

    \6\ ``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 that users of C7 Fluoroketone as a streaming agent 
act 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 approximately 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 because under the narrowed use limits the 
substitute is not approved for use in residential applications. 
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.

III. Response to Public Comment

    The EPA published in the Federal Register at 77 FR 58035 on 
September 19, 2012, a direct final rule and a companion proposed rule 
issuing listings for three fire suppressants under EPA's SNAP program. 
Because EPA received an adverse comment concerning the fire suppressant 
C7 Fluoroketone, EPA withdrew that part of the direct final rule that 
listed C7 Fluoroketone at 77 FR 74381 on December 19, 2012. This 
section summarizes EPA's response to the comment received on the 
proposed rule. The comment as well as a late comment from the 
manufacturer of C7 Fluoroketone and additional supporting documents 
used for EPA's response can be found in docket EPA-HQ-OAR-2011-0111.
    Comments: A commenter questioned the potential toxicity and 
environmental impacts of C7 Fluoroketone based on the ability of some 
other fluorinated ketones to react in water to form active 
perfluorinated compounds. The commenter indicates concern that the 
reactivity of perfluorinated ketones in water, particularly in tissues 
in which there is a lung:blood air interface (e.g., nose, sinus, 
trachea along an inhalation portal of entry), may pose significant 
risks to individuals breathing the compound due to interference with 
proper oxygenation of the blood and/or lung edema. The commenter also 
stated that the two principal components of C7 Fluoroketone were 
expected to produce derivatives of perfluorobutanoic acid in the 
environment, in particular hexafluoroacetone (HFA). The commenter 
provides two references documenting the extreme reactivity of HFA in 
water.
    In response to the above comment, the compound's manufacturer 
submitted a late comment disagreeing with these statements and 
indicating that hydrate formation is significantly different for 
branched fluoroketones such as C7 Fluoroketone compared to simple 
unbranched fluoroketones such as HFA. The manufacturer stated that C7 
Fluoroketone has low mammalian toxicity, low potential for aquatic 
toxicity and low environmental impact.
    Response: After evaluating the comment, reviewing the risk screen 
prepared under SNAP, and reviewing supplemental information provided by 
the manufacturer, EPA disagrees with the concerns raised by the first 
commenter. In the SNAP submission for C7 Fluoroketone in the streaming 
end-use and in more recent information submitted by the manufacturer, 
data indicate that C7 Fluoroketone has very

[[Page 25001]]

low solubility or reactivity in water and that it is highly volatile. 
The lack of water solubility for C7 FK indicates that it will not form 
gem-diol hydrates and will thus not have appreciable effects in any 
organisms that might be exposed to it. In addition, the lack of 
solubility and high volatility will prevent any significant formation 
of perfluorobutanoic acid derivatives (e.g., HFA) in surface waters. 
While the two references provided by the commenter document the extreme 
reactivity of HFA in water (a fact that is supported by other sources 
of chemical information), these references provide no information to 
support the claim that C7 Fluoroketone should react similarly.
    Further, two inhalation studies performed for C7 Fluoroketone (a 5-
day repeat toxicity study in which study animals were exposed to high 
concentrations of the compound and a 28-day repeat dose study in which 
male and female rats were exposed to concentrations <=10,000 ppm for 6 
hours per day) showed no inhalation portal-of-entry effects.\7\ No 
other observations were reported that might indicate any other adverse 
effects on blood oxygenation or similar impairments. The concern with 
potential toxicity of C7 Fluoroketone is not supported by information 
available about its chemistry and current toxicity testing data on the 
compound.
---------------------------------------------------------------------------

    \7\ Portal of entry effects are specifically investigated in 
acute and short-term inhalation exposure studies as the relevant 
tissues will receive the greatest exposure to the study compound.
---------------------------------------------------------------------------

IV. Final Action

    We are issuing a final listing for C7 Fluoroketone, finding it 
acceptable subject to narrowed use limits for use as a substitute for 
halon 1211 as a streaming agent in non-residential applications, as 
initially proposed. We have determined that the overall environmental 
and human health risk posed by C7 Fluoroketone is lower than or 
comparable to the risks posed by other available substitutes in the 
same end use.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is 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 such as total flooding and/or 
streaming agents as defined by the Small Business Administration's 
regulations at 13 CFR 121.201; (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 a new alternative 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 narrowed use limit 
imposed on the substitute in today's rule is consistent with the 
application suggested by the submitter 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 finding a 
new substitute acceptable, 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 final rule 
will provide an additional option 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

[[Page 25002]]

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 the substance 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 (65 FR 67249, November 9, 2000). It does not 
significantly or uniquely affect the communities of Indian tribal 
governments because this regulation applies directly to facilities that 
use this substance and not to tribal or 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.

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 involves 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 has worked in consultation 
with OSHA to encourage development of technical standards to be adopted 
by voluntary consensus standards bodies. EPA refers users to the latest 
edition of NFPA 10 Standard for Portable Fire Extinguishers. A copy of 
this standard may be obtained by calling the NFPA's telephone number 
for ordering publications at 1-800-344-3555.

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 final rule provides a fire suppression 
substitute with no ODP and low GWP. The avoided ODS and greenhouse gas 
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 May 29, 2013.

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: April 18, 2013.
Bob Perciasepe,
Acting 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 T to read as 
follows:

Appendix T to Subpart G of Part 82--Substitutes listed in the April 29, 
2013 Final Rule, effective May 29, 2013.

[[Page 25003]]



           Fire Suppression and Explosion Protection Sector--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
            End-use                  Substitute          Decision          Conditions       Further Information
----------------------------------------------------------------------------------------------------------------
Streaming......................  C7 Fluoro-ketone   Acceptable         For use only in    Use of this agent
                                  as a substitute    subject to         non-residential    should be in
                                  for Halon 1211.    narrowed use       applications.      accordance with the
                                                     limits.                               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.


[FR Doc. 2013-10046 Filed 4-26-13; 8:45 am]
BILLING CODE 6560-50-P