[Federal Register Volume 71, Number 187 (Wednesday, September 27, 2006)]
[Rules and Regulations]
[Pages 56359-56369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15831]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2005-0087; FRL-8223-4]
RIN-2060-AM24
Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances--Fire Suppression and Explosion Protection
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Rule.
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SUMMARY: This action lists four substitutes for ozone-depleting
substances (ODSs) in the fire suppression and explosion protection
sector as acceptable subject to use conditions under the U.S.
Environmental Protection Agency's (EPA) Significant New Alternatives
Policy (SNAP) program. SNAP implements section 612 of the Clean Air
Act, as amended in 1990, which requires EPA to evaluate substitutes for
ODSs and find them acceptable where they do not pose a greater overall
risk to human health and the environment than other acceptable
substitutes.
DATES: This rule is effective on November 27, 2006 without further
notice, unless EPA receives adverse comment or receives a request for a
public hearing by October 27, 2006. If we receive adverse comment or a
request for a public hearing, we will publish a timely withdrawal in
the Federal Register informing the public that all or part of this rule
will not take effect.
ADDRESSES: EPA has established a public docket for this action under
Docket ID No. EPA-HQ-OAR-2005-0087. All documents in the docket are
listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be 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 B102, 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), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 343-9749; fax number:
(202) 343-2363; e-mail address: [email protected]. The published
versions of notices and rulemakings under the SNAP program are
available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs.
[[Page 56360]]
SUPPLEMENTARY INFORMATION: In this direct final rule, EPA adds four
fire suppression agents to the list of acceptable substitutes subject
to use conditions. The regulations implementing the SNAP program are
codified at 40 CFR part 82, subpart G. The appendices to Subpart G list
for specific end uses substitutes for ODSs as unacceptable or
acceptable with certain restrictions imposed on their use. The action
in this direct final rule will add the four halon substitutes
acceptable subject to use conditions to the appendices to Subpart G.
EPA is publishing today's revisions to the SNAP lists without prior
proposal because the Agency views them as non-controversial and
anticipates no adverse comment. We are adding four new agents to the
list of acceptable substitutes subject to use conditions. This action
does not place any significant burden on the regulated community but
lists as acceptable, subject to use conditions, new halon substitutes
while continuing to protect human health and the environment.
In the ``Proposed Rules'' section of today's Federal Register
publication, EPA is publishing a companion proposed rule that proposes
the same actions as in this direct final rule. The direct final rule
will be effective on November 27, 2006 without further notice unless we
receive adverse comment (or a request for a public hearing) by October
27, 2006. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that all or
part of this rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second public comment period on this action. Any
parties interested in commenting must do so at this time.
You may claim that information in your comments is confidential
business information, as allowed by 40 CFR part 2. If you submit
comments and include information that you claim as confidential
business information (CBI), we request that you submit them directly to
Bella Maranion at the address under FOR FURTHER INFORMATION CONTACT in
two versions: one clearly marked ``Public'' to be filed in the Public
Docket, and the other marked ``Confidential'' to be reviewed by
authorized government personnel only. This information will remain
confidential unless EPA determines, in accordance with 40 CFR part 2,
subpart B, that the information is not subject to protection as CBI.
Table of Contents
I. Section 612 Program
A. Statutory Requirements
B. Regulatory History
II. Listing Decisions: Fire Suppression and Explosion Protection--
Total Flooding
A. Gelled Halocarbon/Dry Chemical Suspension with sodium
bicarbonate additive (Envirogel with Sodium Bicarbonate additive)--
Acceptable Subject to Use Conditions
B. Powdered Aerosol D (Aero-K[supreg], Stat-X[supreg])--
Acceptable Subject to Use Conditions
C. Powdered Aerosol E (FirePro[supreg])--Acceptable Subject to
Use Conditions
D. Phosphorous Tribromide (PBr3)--Acceptable Subject
to Use Conditions
III. Statutory and Executive Order Reviews
A. Executive Order 12866
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
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 (Energy Effects)
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Section 612 Program
A. Statutory Requirements
Section 612 of the Clean Air Act (CAA) authorizes 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. EPA must publish a corresponding list
of acceptable alternatives for specific uses.
Petition Process--Section 612(d) grants the right to any
person to petition EPA to add a 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 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 issued a rule (69 FR 13044) which described
the process for administering the SNAP program and published EPA's
first acceptability lists for substitutes in the major industrial use
sectors. These sectors include: refrigeration and air-conditioning;
foam blowing; solvents cleaning; fire suppression and explosion
protection; sterilants; aerosols; adhesives, coatings and inks; and
tobacco expansion. These sectors comprise the principal industrial
sectors that historically consumed large volumes of ozone-depleting
compounds.
The Agency defines a ``substitute'' as any chemical, product
substitute, or alternative manufacturing process, whether existing or
new, that could replace a class I or class II substance. Anyone who
produces a substitute must provide the Agency with health and safety
studies on the substitute at least 90 days before introducing it into
interstate commerce for significant new use as an alternative. This
requirement applies to chemical manufacturers, but may include
importers, formulators, or end-users when they are responsible for
introducing a substitute into commerce.
To develop the lists of unacceptable and acceptable substitutes,
EPA conducts screens of health and environmental risk posed by various
substitutes for ozone-depleting
[[Page 56361]]
compounds in each use sector. The outcome of these risk screens can be
found in the public docket, as described above in the ADDRESSES portion
of this document.
Under Section 612, the Agency has considerable discretion in the
risk management decisions it can make in SNAP. The Agency has
identified four possible decision categories: acceptable; acceptable
subject to use conditions; acceptable subject to narrowed use limits;
and unacceptable. Fully acceptable substitutes, i.e., those with no
restrictions, can be used for all applications within the relevant
sector end-use. Conversely, it is illegal to replace an ODS with a
substitute listed by SNAP as unacceptable.
After reviewing a substitute, the Agency may make a determination
that a substitute is acceptable only if certain conditions of use are
met to minimize risk to human health and the environment. Such
substitutes are described as ``acceptable subject to use conditions''.
Use of such substitutes without meeting associated use conditions
renders these substitutes unacceptable and subjects the user to
enforcement for violation of Section 612 of the Clean Air Act.
Even though the Agency can restrict the use of a substitute based
on the potential for adverse effects, it may be necessary to permit a
narrowed range of use within a sector end-use because of lack of
alternatives for specialized applications. Users intending to adopt a
substitute acceptable with narrowed use limits must ascertain that
other acceptable alternatives are not technically feasible. Companies
must document the results of their evaluation, and retain the results
on file for purposes of demonstrating compliance. This documentation
shall include descriptions of substitutes examined and rejected,
processes or products in which the substitute is needed, reason for
rejection of other alternatives, e.g., performance, technical or safety
standards, and the anticipated date other substitutes will be available
and projected time for switching to other available substitutes. Use of
such substitutes in applications and end-uses which are not specified
as acceptable in the narrowed use limit renders these substitutes
unacceptable.
EPA does not believe that notice and comment rulemaking procedures
are required to list alternatives as acceptable with no restrictions.
Such listings do not impose any sanction, nor do they remove any prior
license to use a substitute. Consequently, EPA adds substitutes to the
list of acceptable alternatives without first requesting comment on new
listings. Updates to the acceptable lists are published as separate
Notices of Acceptability in the Federal Register.
For more information on the Agency's process for administering the
SNAP program or criteria for evaluation of substitutes, refer to the
SNAP rule published in the Federal Register on March 18, 1994 (59 FR
13044), and see also the Code of Federal Regulations at 40 CFR Part 82,
Subpart G. A complete chronology of SNAP decisions and the appropriate
Federal Register citations may be found at EPA's Ozone Depletion Web
site at http://www.epa.gov/ozone/snap/chron.html. For a complete
listing of the Agency's decisions on acceptable and unacceptable
substitutes, go to http://www.epa.gov/ozone/snap/lists/index.html.
II. Listing Decisions: Fire Suppression and Explosion Protection--Total
Flooding
In this final rule, EPA is issuing its decision on the
acceptability of the following substitutes in the fire suppression and
explosion protection sector: Gelled Halocarbon/Dry Chemical Suspension
with sodium bicarbonate additive (Envirogel with sodium bicarbonate
additive), Powdered Aerosol D (Aero-K[supreg], Stat-X[supreg]),
Powdered Aerosol E (FirePro[supreg]), and Phosphorous Tribromide
(PBr3).
The Agency evaluated the criteria set forth at 40 CFR 82.180(a)(7)
in determining the acceptability of the above substitutes for halon
1301 total flooding fire suppression systems. The Agency has determined
that the Clean Air Act does not authorize EPA to regulate for global
climate change purposes (Fabricant, 2003). The Agency has not yet
concluded how this determination would affect its consideration of the
global warming potential of substitutes under the SNAP program.
Regardless, for the substitutes considered here, the global warming
potential of the alternatives was not a determinative factor in EPA's
acceptability determination. The GWP for these substitutes is well
below that of previously approved substitutes in this sector.
The section below presents a detailed discussion of the four fire
suppression and explosion protection substitute listing determinations
that are finalized in today's direct final rule. Tables summarizing
these listing decisions are at the end of this document. The statements
provided in the FURTHER INFORMATION CONTACT section of these tables
provide additional information, but are not legally binding under
section 612 of the Clean Air Act. In addition, the FURTHER INFORMATION
CONTACT may not be a comprehensive list of other legal obligations you
may need to meet when using the substitute. Although you are not
required to follow recommendations in the FURTHER INFORMATION CONTACT
column of the tables to use a substitute, EPA strongly encourages you
to apply the information when using these substitutes. In many
instances, the information simply refers to standard operating
practices in existing industry and/or building-code standards. Thus,
many of these statements, if adopted, would not require significant
changes to existing operating practices.
A. Gelled Halocarbon/Dry Chemical Suspension With Sodium Bicarbonate
Additive (Envirogel With Sodium Bicarbonate Additive)--Acceptable
Subject to Use Conditions
Gelled Halocarbon/Dry Chemical Suspension with sodium bicarbonate
additive (Envirogel with sodium bicarbonate additive) is acceptable,
subject to use conditions, as a halon 1301 substitute for total
flooding uses in occupied areas. Envirogel (Gelled Halocarbon/Dry
Chemical Suspension) is a blend of any of several hydrofluorocarbons
(HFCs) with an additive. The HFCs used in the Envirogel agent (HFC-125,
HFC-227ea, or HFC-236fa) have previously been approved as total
flooding and streaming agents under EPA's SNAP program. The use
condition requires that use of whichever HFC (HFC-125, HFC-227ea, or
HFC-236fa) is employed in the Envirogel with sodium bicarbonate
formulation must be in accordance with all requirements for
acceptability (i.e., narrowed use limits) of that HFC under EPA's SNAP
program. In addition, the use of HFCs employed in this agent should be
in accordance with the latest version of the National Fire Protection
Association (NFPA) 2001 Standard on Clean Agent Fire Extinguishing
Systems. The use of aerosol extinguishing agents such as Envirogel with
sodium bicarbonate should be in accordance with the latest version of
NFPA 2010 Standard on Aerosol Extinguishing Systems.
EPA previously listed Envirogel with the ammonium polyphosphate
additive as acceptable for use as a substitute for halon 1301 in total
flooding applications in both occupied and unoccupied areas (67 FR
4195, January 29, 2002). In the same rule, use of Envirogel with any
additive other than ammonium polyphosphate was restricted to normally
unoccupied areas. We had no information on the toxicity of Envirogel in
occupied areas with any
[[Page 56362]]
additive other than ammonium polyphosphate. Subsequently, the submitter
requested SNAP review of Envirogel with sodium bicarbonate for use in
occupied areas. We evaluated this agent for use in occupied areas and
have determined that it is acceptable for such use, subject to use
conditions.
EPA is providing additional information regarding use of Envirogel
with sodium bicarbonate additive. These are as follows and further
discussed below:
(1) Sodium bicarbonate release in all settings should be targeted
so that increased pH level would not adversely affect exposed
individuals.
(2) Users should provide special training to individuals required
to be in environments protected by Envirogel with sodium bicarbonate
additive extinguishing systems.
(3) Each extinguisher should be clearly labeled with the potential
hazards from use and safe handling procedures.
Targeting Release of Sodium Bicarbonate to Prevent Increased Blood pH
The addition of sodium bicarbonate in the mixture is to minimize
the formation of toxic hydrofluoric acid (HF) formed by the
decomposition of HFCs during a fire. Sodium bicarbonate, while low in
toxicity, also has the ability to affect blood pH level; therefore, its
release in all settings should be targeted so that increased blood pH
level would not adversely affect those exposed. Sample calculations and
assumptions for respirable and released sodium bicarbonate for varied
enclosure sizes are included in the risk screen conducted for this
substitute and are available in the electronic docket number EPA-HQ-
OAR-2005-0087 for this rule. The effects from exposure to Envirogel
with sodium bicarbonate additive are expected to be negligible at the
charge sizes and concentrations provided by the manufacturer. This is
because of the body's compensatory mechanisms that restore the pH to
normal range. EPA recommends the following:
--Avoid or minimize exposure to this fire suppressant in a room with an
internal volume of 300 ft3.
--Give exposed individuals an electrolyte solution to drink afterwards
to restore the pH within the appropriate range.
--To reduce occupational exposure to sodium bicarbonate during the
manufacturing or filling of extinguishers, workers should handle the
sodium bicarbonate in a hood and follow good manufacturing practices if
there is a risk of dispersing the dust.
--To protect the skin and eyes, workers should wear safety goggles and
gloves.
--In the case of an accidental spill, the area should be well-
ventilated, and workers should wear their protective equipment while
wet-vacuuming the sodium bicarbonate.
Training and Labeling
To protect personnel who may be present in areas where Envirogel
with sodium bicarbonate additive is discharged, EPA recommends that
users should provide special training, including the hazards associated
with use of the HFC agent and sodium bicarbonate and proper handling
procedures, for individuals required to be in spaces protected by these
systems. Extinguisher bottles should be clearly labeled with the
potential hazards associated with the use of the specified HFC agent
and sodium bicarbonate, as well as handling procedures to reduce risk
resulting from these hazards.
Additional Information
EPA is providing additional information regarding use of Envirogel
with sodium bicarbonate additive. Use of Envirogel with sodium
bicarbonate additive should conform to relevant Occupational Safety and
Health Administration (OSHA) requirements, including 29 CFR 1910,
Subpart L, sections 1910.160 and 1910.162. Per OSHA requirements,
protective gear (self-contained breathing apparatus) should be
available in the event that personnel reenter the area. Discharge
testing should be strictly limited to that which is essential to meet
safety or performance requirements. The agent should be recovered from
the fire protection system in conjunction with testing or servicing,
and recycled for later use or destroyed.
Updated Tables of Acceptability Listings
Under the SNAP program, Envirogel with the additive ammonium
polyphosphate is listed as an acceptable substitute as a total flooding
agent. See 67 FR 4185, 4195-96. Prior to this rule becoming final,
Envirogel with any additive other than ammonium polyphosphate was
listed in Appendix J to part 82, subpart G as acceptable subject to
narrowed use limits with the condition that it only be used in normally
unoccupied areas. Id. Because EPA is finding Envirogel with the
additive sodium bicarbonate acceptable subject to narrowed use
conditions in normally occupied spaces, we are removing the listing of
Envirogel from existing Appendix J and we are addressing its use in new
Appendices O and P. Appendix O addresses the decision in this rule that
Envirogel with the additive sodium bicarbonate is acceptable subject to
use conditions in both normally unoccupied and occupied areas. Appendix
P reflects EPA's prior decision that Envirogel with an additive other
than ammonium polyphosphate is acceptable for use only in normally
unoccupied areas but modifies it to reflect the decision in this rule
that Envirogel with the additive sodium bicarbonate may also now be
used in occupied areas. Today's action does not modify EPA's prior
decision that Envirogel with the additive ammonium polyphosphate is
acceptable for use as a total flooding agent. The removal of Envirogel
from Appendix J leaves the agent Halotron II, under the generic name
HFC Blend B, as the only agent in Appendix J that is acceptable subject
to narrowed use limits.
Use of Envirogel with sodium bicarbonate additive in occupied
spaces will be less harmful to the atmosphere than the continued use of
halon 1301. Additionally, the risk to the general population is
expected to be below levels of concern. Thus, we find that Envirogel
with sodium bicarbonate additive is acceptable subject to use
conditions because in the end uses listed, it does not pose a greater
overall risk to human health and the environment than other acceptable
alternatives.
B. Powdered Aerosol D (Aero-K[supreg], Stat-X[supreg])--Acceptable
Subject to Use Conditions
Powdered Aerosol D (Aero-K[supreg], Stat-X[supreg]) is acceptable,
subject to use conditions, as a halon 1301 substitute for total
flooding uses. As requested by the submitter, the use conditions
require that Powdered Aerosol D be used only in areas that are not
normally occupied. In the ``Further Information'' column of the tables
summarizing today's listing decisions and found at the end of this
document, we also provide that use of this agent should be in
accordance with the safety guidelines in the latest edition of the NFPA
2010 Standard for Aerosol Extinguishing Systems.
Powdered Aerosol D is a pyrotechnic particulate aerosol and
explosion suppressant that is supplied to users as a solid housed in a
double-walled hermetically-sealed steel container. When the unit is
triggered by heat (300 [deg]C), the product is pyrotechnically
activated to produce gases and aerosol particles from a mixture of
chemicals. This pyrotechnic composition passes through a bed of
catalytically active
[[Page 56363]]
substrate that cools, oxidizes, and filters the particulates of the
mixture.
EPA has reviewed the potential environmental impacts of this
substitute and has concluded that Powdered Aerosol D does not pose
greater overall risk to human health and the environment than other
acceptable substitutes. According to the submitter, the active
ingredients for this technology are solids both before and after use;
thus, the ozone depletion potential (ODP) and the atmospheric lifetime
(ALT) are both zero. The concentrations of the gaseous post-activation
products are not expected to result in significant adverse atmospheric
impacts. Thus, we find that Powdered Aerosol D is acceptable, subject
to use conditions, because it does not pose a greater overall risk to
human health and the environment in the end use listed compared to
other acceptable substitutes as long as the use conditions are
observed. EPA's review of environmental and human health impacts of
this agent is contained in the public docket for this rulemaking.
EPA is providing additional information regarding use of Powdered
Aerosol D for total flooding uses in unoccupied spaces. EPA evaluated
occupational exposure, exposure at end use, and general population
exposure to ensure that the use of Powdered Aerosol D did not pose
unacceptable risks to workers or the general public. In the FURTHER
INFORMATION CONTACT column of the tables summarizing today's listing
decisions, EPA recommends the following for establishments
manufacturing Powdered Aerosol D and filling containers to be used in
total flooding applications:
--Workers should wear safety goggles or shields and appropriate
protective equipment (e.g., chemical suits, gloves, masks, particulate
respirators using NIOSH type N95 or better filters).
--A local exhaust system should be installed and operated to provide
adequate ventilation to reduce airborne exposure of Powdered Aerosol D
constituents.
--An eye wash fountain and quick drench facility should be close to the
production area;
--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.
--Workers should adhere to appropriate occupational safety guidelines.
Upon activation of the Powdered Aerosol D system, several post-
activation products are expected to form. Workers entering the
protected space after activation should wear the appropriate protective
equipment (e.g., gloves, goggles, and a respirator with fine dust
rating/capability). Workers responsible for clean up of an inadvertent
release of Powdered Aerosol D should wear chemical suits and self-
contained breathing apparatus during the cleanup and should not come
into contact with post-discharge solids. The manufacturer should
provide guidance upon installation of the system regarding the
appropriate timeframe after which workers may re-enter the area for
disposal to allow the maximum settling of all the particulates. The
contents removed from the space should be disposed of according to good
industrial hygiene practices, and equipment should be thoroughly
decontaminated after use.
EPA's review of environmental and human health impacts of this
agent is contained in the public docket for this rulemaking. We find
that Powdered Aerosol D is acceptable subject to use conditions (for
use only in normally unoccupied areas) because it does not pose a
greater overall risk to public health and the environment than other
acceptable substitutes in the end use and application listed above.
C. Powdered Aerosol E (FirePro[supreg])--Acceptable Subject to Use
Conditions
Powdered Aerosol E (FirePro[supreg]) is acceptable, subject to use
conditions, as a halon 1301 substitute for total flooding agent uses.
As requested by the submitter, the use conditions require that Powdered
Aerosol E be used only in normally unoccupied areas. In the FURTHER
INFORMATION CONTACT column of the tables summarizing today's listing
decisions and found at the end of this document, we also provide that
use of this agent should be in accordance with the safety guidelines in
the latest edition of the NFPA 2010 Standard for Aerosol Extinguishing
Systems.
Powdered Aerosol E is generated in an automated manufacturing
process during which the chemicals, in powder form, are mixed and then
supplied to end users as a solid contained within a fire extinguisher.
In the presence of heat, the solid converts to an aerosol consisting
mainly of potassium salts.
EPA has reviewed the potential environmental impacts of this
substitute and has concluded that Powdered Aerosol E does not pose a
greater overall risk to human health or the environment than other
acceptable substitutes. According to the submitter, the active
ingredients for this technology are solids both before and after use;
thus, the ODP and the ALT are both zero. The concentrations of the
gaseous post-activation products are not expected to result in
significant adverse atmospheric impacts. Thus, we find that
FirePro[supreg] is acceptable, subject to use conditions, because it
does not pose a greater overall risk to human health and the
environment in the end use listed compared to other acceptable
substitutes. EPA's review of environmental and human health impacts of
this agent is contained in the public docket for this rulemaking.
EPA is providing additional information regarding use of Powdered
Aerosol E for total flooding uses in unoccupied spaces. EPA evaluated
occupational exposure, exposure at end use, and general population
exposure to ensure that the use of Powdered Aerosol E did not pose
unacceptable risks to workers or the general public. In the FURTHER
INFORMATION CONTACT columns of the tables summarizing today's listing
decisions, EPA recommends the following for establishments
manufacturing FirePro[supreg] and filling containers to be used in
total flooding applications:
--The mixing room should be equipped with a ventilation system.
--Workers should wear gloves and breathing apparatus.
--Appropriate protective clothing (e.g., goggles, particulate removing
respirators, and gloves) should be worn during the manufacture, clean
up, and disposal of this product.
--Appropriate protective clothing (e.g., goggles, particulate removing
respirators, and gloves) should be worn or on site during the
installation and maintenance of the product.
--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.
Workers should adhere to appropriate occupational safety
guidelines. Upon activation of the FirePro[supreg] system, the levels
of respirable dust will range from 13.7 to 32.9 g/m3.
Therefore, if accidentally activated in the presence of workers, the
level of respirable particles in the air will exceed OSHA's limit of 5
mg/m3 of respirable particles and will therefore be
considered a nuisance dust. In addition, bromine and chlorine could be
present at levels above the Short Term Exposure Limits (STEL)
designated by the American Conference of Government Industrial
Hygienists (ACGIH). Because the respirable dust level will be exceeded
and the STEL of chlorine and bromine could be
[[Page 56364]]
exceeded, Powdered Aerosol E is limited to use in normally unoccupied
spaces. Because installation and maintenance personnel could be exposed
when the system is activated, EPA recommends that all personnel wear
goggles, gloves, and particulate removing respirators while performing
installations and/or maintenance activities.
The manufacturer should provide guidance upon installation of the
system regarding the appropriate timeframe after which workers may re-
enter the area for disposal to allow the maximum settling of all the
particulates. Clean-up operations are likely to result in re-
circulation of potentially toxic nuisance dust particles. Workers
entering the protected space after activation should wear the
appropriate protective equipment (e.g., gloves, goggles, and a
respirator with fine dust rating/capability). Workers responsible for
clean up of an inadvertent release of Powdered Aerosol E should wear
rubber gloves, goggles, and a particulate removing respirator. The
contents removed from the space should be disposed of according to good
industrial hygiene practices, and equipment should be thoroughly
decontaminated after use.
EPA's review of environmental and human health impacts of this
agent is contained in the public docket for this rulemaking. We find
that Powdered Aerosol E is acceptable subject to use conditions (for
use only in normally unoccupied areas) because it does not pose a
greater overall risk to human health and the environment than other
acceptable substitutes in the end use and application listed above.
D. Phosphorous Tribromide (PBr3)--Acceptable Subject to Use
Conditions
Phosphorous tribromide (PBr3) is acceptable, subject to
use conditions, as a halon 1301 substitute for total flooding uses. As
requested by the submitter, the use conditions require that
PBr3 be used only in aircraft engine nacelles. These areas
are unoccupiable, meaning that personnel cannot enter the space due to
the physical or dimensional constraints of the protected space.
PBr3 is estimated to have negligibly small ODP and an ALT
estimated to be less than a few seconds. The use of PBr3
proposed for use as a total flooding fire suppression agent to protect
aircraft engine nacelles is not expected to pose a threat to
atmospheric integrity or to human health. Today, EPA is listing
PBr3 as acceptable, subject to use conditions, for use as a
substitute for halon 1301 for total flooding only in aircraft engine
nacelles.
EPA has reviewed the potential environmental impacts of this
substitute and has concluded that PBr3 does not pose a
greater overall risk to human health and the environment than other
acceptable substitutes. Because the fire suppressant is proposed for
use in aircraft engine nacelles, EPA reviewed the potential
contribution to ozone depletion from its discharge into the
stratosphere. Given the short atmospheric lifetime of PBr3
because of rapid hydrolysis and the small amount of bromine used in
this application, the ODP is expected to be negligibly small
(approximately 0.01-0.08, as compared to the ODP of halon 1301 of 12).
Therefore, PBr3 is substantially less harmful to the ozone
layer than the continued use of halon 1301. EPA's review of
environmental and human health impacts of this agent is contained in
the public docket for this rulemaking.
EPA is providing additional information regarding use of
PBr3 for total flooding uses in aircraft engine nacelles
considered to be unoccupiable spaces. EPA evaluated occupational
exposure, exposure at end use, and general population exposure to
ensure that the use of PBr3 did not pose unacceptable risks
to workers or the general public. According to the submitter, workers
are not expected to have contact with PBr3 in the
manufacturing setting; however, there is the potential risk of exposure
in the event of an accidental spill during manufacturing. EPA modelled
a simulated spill in a room assuming the instantaneous and complete
hydrolysis of PBr3 to gaseous HBr and solid
H3PO3. The HBr concentrations resulting from a
spill during manufacturing are not considered an immediate, significant
risk to workers' health. A spill in the room modelled would potentially
produce enough solid H3PO3 to exceed the ACGIH
limit for nuisance dust of 10 mg/m3. However, because the
nuisance dust limit is based on an 8-hour time-weighted average for
continuing, long-term exposure, and the spill would be an isolated
event, the small exceedance is not considered to be of health concern.
Since the space considered for use of the agent is an aircraft engine
nacelle, which is an unoccupiable space, no end use exposure will
result from the use of PBr3 in this space.
In the FURTHER INFORMATION CONTACT column of the tables summarizing
today's listing decisions, EPA recommends the following for
establishments manufacturing, installing, or maintaining the
PBr3 ampoules for aircraft engine nacelles:
--Adequate ventilation should be in place and/or positive pressure
self-contained breathing apparatus (SCBA) should be worn.
--All spills should be cleaned up immediately in accordance with good
industrial hygiene practices.
--Training for safe handling procedures should be provided to all
personnel that would be likely to handle PBr3 containers or
extinguishing units filled with the material.
EPA's review of environmental and human health impacts of this
agent is contained in the public docket for this rulemaking. We find
that PBr3 is acceptable subject to use conditions (for use
only in aircraft engine nacelles) because it does not pose a greater
overall risk to human health and the environment than other acceptable
substitutes in the end use and application listed above.
III. Statutory and Executive Order Reviews
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is significant and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines significant regulatory action as one that is
likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB notified EPA on
August 23, 2004, that it considers this a ``non-significant regulatory
action'' within the meaning of the Executive Order and, therefore, did
not require EPA to submit this action to OMB for review.
B. Paperwork Reduction Act
EPA has determined that this final rule contains no information
requirements subject to the Paperwork
[[Page 56365]]
Reduction Act, 44 U.S.C. 3501 et seq., that are not already approved by
the OMB. OMB has reviewed and approved two Information Collection
Requests (ICRs) by EPA which are described in the March 18, 1994
rulemaking (59 FR 13044, at 13121, 13146-13147) and in the October 16,
1996 rulemaking (61 FR 54030, at 54038-54039). These ICRs included five
types of respondent reporting and recordkeeping activities pursuant to
SNAP regulations: submission of a SNAP petition, filing a SNAP/TSCA
Addendum, notification for test marketing activity, recordkeeping for
substitutes acceptable subject to narrowed use limits, and record-
keeping for small volume uses. The OMB Control Numbers are 2060-0226
and 2060-0350. The EPA ICR Numbers are 1596.06 and 1774.03.
Copies of the ICR document(s) may be obtained from Susan Auby, by
mail at the Office of Environmental Information, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at
[email protected], or by calling (202) 566-1672. Include the ICR and/
or OMB number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act 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 as defined
by the Small Business Administration's (SBA) 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 direct 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 four new alternatives to the fire protection
extinguishing systems market thus providing additional options for
users making the transition away from ozone-depleting halons.
Use of halon 1301 total flooding systems 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
1301 system owners continue to maintain and refurbish existing systems
since halon 1301 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 these substitutes acceptable for use. The
use restrictions imposed on the substitutes in today's rule are
consistent with the applications suggested by the submitters. Thus far,
these alternatives have not been sold or used in the end uses not found
acceptable under today's rule. Until a manufacturer or other party
requests a SNAP review for such end uses, these products may not be
sold for such end uses. Therefore, we conclude that the rule does not
impose a new cost on businesses.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. By
introducing new substitutes, today's rule gives additional flexibility
to small entities that are concerned with fire suppression. EPA also
has worked closely together with the National Fire Protection
Association, which conducts regular outreach with, and involves small
state, local, and tribal governments in developing and implementing
relevant fire protection standards and codes.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector.
Under section 202 of the UMRA, EPA generally must prepare a written
statement, including a cost-benefit analysis, for proposed and final
rules with ``Federal mandates'' that may result in expenditures by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Section 204 of the UMRA requires the
Agency to develop a process to allow elected state, local and tribal
government officials to provide input in the development of any
proposal containing a significant Federal intergovernmental mandate.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and
[[Page 56366]]
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. Because this rule imposes no
enforceable duty on any State, local or tribal government it is not
subject to the requirements of sections 202 and 205 of the UMRA. EPA
has also determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments;
therefore, EPA is not required to develop a plan with regard to small
governments under section 203. Finally, because this rule does not
contain a significant intergovernmental mandate, the Agency is not
required to develop a process to obtain input from elected state,
local, and tribal officials under section 204.
E. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.''
``Policies that have Federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This direct final rule does not have Federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This direct final
rule will provide additional options for fire protection subject to
safety guidelines in industry standards. These standards are typically
already required by state or local fire codes, and this rule does not
require state, local, or tribal governments to change their
regulations. Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This direct final rule does
not have tribal implications, as specified in Executive Order 13175. It
will not have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This direct final rule will provide additional options for fire
protection subject to safety guidelines in industry standards. These
standards are typically already required by state or local fire codes,
and this rule does not require tribal governments to change their
regulations. Thus, Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This final rule is not economically significant as defined in
Executive Order 12866, and the Agency does not have reason to believe
the environmental health or safety risks addressed by this action
present a disproportionate risk to children. The acceptability listings
in this final rule primarily apply to the workplace, and thus, do not
put children at risk disproportionately. This rule is not subject to
Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866 and because the Agency does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.
H. Executive Order 13211 (Energy Effects)
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The rule allows
wider use of substitutes, providing greater flexibility for industry
related to choices of alternative fire suppression systems to support
the transition away from ozone-depleting substances, but little if any
impact related to energy. Thus, we have concluded that this rule is not
likely to have any adverse energy effects.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, Section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in
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. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking does not involve technical standards. EPA defers to
existing National Fire Protection Association (NFPA) voluntary
consensus standards and Occupational Safety and Health Administration
(OSHA) regulations that relate to the safe use of halon substitutes
reviewed under SNAP. EPA refers users to the latest edition of NFPA
2001 Standard on Clean Agent Fire Extinguishing Systems which provides
for exposure guidelines and safe use of halocarbon and inert gas agents
used to extinguish fires. EPA also refers to the latest edition of NFPA
2010 Standard on Aerosol Extinguishing Systems which provides for safe
use of aerosol extinguishing agents and technologies. Copies of these
standards may be obtained by calling the NFPA's telephone number for
ordering publications at 1-800-344-3555. The NFPA 2001 and 2010
standards meet the objectives of the rule by setting scientifically-
based guidelines for safe exposure to halocarbon and inert gas agents
and aerosol extinguishing agents,
[[Page 56367]]
respectively. In addition, EPA has worked in consultation with OSHA to
encourage development of technical standards to be adopted by voluntary
consensus standards bodies.
J. Congressional Review Act
The Congressional Review Act (CRA), 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 on November 27, 2006, unless we
receive adverse comment or a request for a public hearing prior to
October 27, 2006.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: September 21, 2006.
Stephen L. Johnson,
Administrator.
0
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. Appendix J to Subpart G of part 82 is amended by revising the table
entitled ``Fire Suppression and Explosion Protection--Total Flooding
Substitutes--Acceptable Subject to Narrowed Use Limits'' to read as
follows:
Appendix J to Subpart G of Part 82--Substitutes listed in the January
29, 2002 Final Rule, effective April 1, 2002.
Fire Suppression and Explosion Protection Section--Total Flooding Substitutes--Acceptable Subject to Narrowed
Use Limits
----------------------------------------------------------------------------------------------------------------
Further
End-use Substitute Decision Conditions information
----------------------------------------------------------------------------------------------------------------
Total flooding.................. HFC Blend B Acceptable subject Acceptable in See additional
(Halotron to narrowed use areas that are comments 1, 2, 3,
II[reg]). limits. not normally 4, 5.
occupied only.
----------------------------------------------------------------------------------------------------------------
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--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--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.
0
3. Subpart G of part 82 is amended by adding Appendix O to read as
follows:
Appendix O to Subpart G of Part 82--Substitutes listed in the September
27, 2006 Final Rule, effective November 27, 2006
Fire Suppression and Explosion Protection Sector--Total Flooding Substitutes--Acceptable Subject to Use
Conditions
----------------------------------------------------------------------------------------------------------------
End-use Substitute Decision Conditions Further information
----------------------------------------------------------------------------------------------------------------
Total flooding................. Gelled Halocarbon/ Acceptable Use of whichever Use of this agent
Dry Chemical subject to use hydrofluorocarbo should be in
Suspension conditions. n gas (HFC-125, accordance with the
(Envirogel) with HFC-227ea, or safety guidelines in
sodium HFC-236fa) is the latest edition of
bicarbonate employed in the the NFPA 2001
additive. formulation must Standard for Clean
be in accordance Agent Fire
with all Extinguishing
requirements for Systems, for
acceptability whichever
(i.e., narrowed hydrofluorocarbon gas
use limits) of is employed, and the
that HFC under latest edition of the
EPA's SNAP NFPA 2010 standard
program. for Aerosol
Extinguishing
Systems.
Sodium bicarbonate
release in all
settings should be
targeted so that
increased blood pH
level would not
adversely affect
exposed individuals.
Users should provide
special training,
including the
potential hazards
associated with the
use of the HFC agent
and sodium
bicarbonate, to
individuals required
to be in environments
protected by
Envirogel with sodium
bicarbonate additive
extinguishing
systems.
Each extinguisher
should be clearly
labeled with the
potential hazards
from use and safe
handling procedures.
See additional
comments 1, 2, 3, 4,
5
[[Page 56368]]
Total flooding................. Powdered Aerosol Acceptable For use only in Use of this agent
D (Aero- subject to use normally should be in
K[supreg], Stat- conditions. unoccupied areas. accordance with the
X[supreg]). safety guidelines in
the latest edition of
the NFPA 2010
standard for Aerosol
Extinguishing
Systems.
For establishments
manufacturing the
agent or filling,
installing, or
servicing containers
or systems to be used
in total flooding
applications, EPA
recommends the
following:
--Adequate ventilation
should be in place to
reduce airborne
exposure to
constituents of
agent;
--An eye wash fountain
and quick drench
facility should be
close to the
production area;
--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;
--Workers responsible
for clean up should
allow for maximum
settling of all
particulates before
reentering area and
wear appropriate
protective equipment;
and
--All spills should be
cleaned up
immediately in
accordance with good
industrial hygiene
practices.
See additional
comments 1, 2, 3, 4,
5.
Total flooding................. Powdered Aerosol Acceptable For use only in Use of this agent
E subject to use normally should be in
(FirePro[supreg] conditions. unoccupied areas. accordance with the
). safety guidelines in
the latest edition of
the NFPA 2010
standard for Aerosol
Extinguishing
Systems.
For establishments
manufacturing the
agent or filling,
installing, or
servicing containers
or systems to be used
in total flooding
applications, EPA
recommends the
following:
--Adequate ventilation
should be in place to
reduce airborne
exposure to
constituents of
agent;
--An eye wash fountain
and quick drench
facility should be
close to the
production area;
--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;
--Workers responsible
for clean up should
allow for maximum
settling of all
particulates before
reentering area and
wear appropriate
protective equipment;
and
--All spills should be
cleaned up
immediately in
accordance with good
industrial hygiene
practices.
See additional
comments 1, 2, 3, 4,
5.
Total flooding................. Phosphorous Acceptable For use only in For establishments
Tribromide subject to use aircraft engine manufacturing the
(PBr3). conditions. nacelles. agent or filling,
installing, or
servicing containers
or systems, EPA
recommends the
following:
--Adequate ventilation
should be in place
and/or positive
pressure, self-
contained breathing
apparatus (SCBA)
should be worn;
--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; and
--All spills should be
cleaned up
immediately in
accordance with good
industrial hygiene
practices.
See additional
comments 1, 2, 3, 4,
5.
----------------------------------------------------------------------------------------------------------------
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--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
occupational safety and health standard with respect to halon substitutes.
[[Page 56369]]
0
4. Subpart G of part 82 is amended by adding Appendix P to read as
follows:
Appendix P to subpart G of part 82-Substitutes listed in the September
27, 2006 Final Rule, effective November 27, 2006
Fire Suppression and Explosion Protection Sector--Total Flooding Agents--Acceptable Subject to Narrowed Use
Limits
----------------------------------------------------------------------------------------------------------------
Further
End-use Substitute Decision Conditions information
----------------------------------------------------------------------------------------------------------------
Total flooding.................. Gelled Halocarbon/ Acceptable subject For use only in Use of this agent
Dry Chemical to narrowed use normally should be in
Suspension with limits. unoccupied areas. accordance with
any agent other the safety
than ammonium guidelines in the
polyphosphate or latest edition of
sodium the NFPA 2001
bicarbonate Standard for
additive Clean Agent Fire
(Envirogel with Extinguishing
sodium Systems, for
bicarbonate whichever
additive). hydrofluorocarbon
gas is employed.
Envirogel is
listed as a
streaming
substitute under
the generic name
Gelled Halocarbon/
Dry Chemical
Suspension.
Envirogel was
also previously
listed as a total
flooding
substitute under
the same generic
name.
EPA has found
Envirogel with
the ammonium
polyphosphate
additive and
Envirogel with
the sodium
bicarbonate
additive to be
acceptable as
total flooding
agents in both
occupied and
unoccupied areas.
See additional
comments 1, 2, 3,
4, 5
----------------------------------------------------------------------------------------------------------------
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--Discharge testing should be strictly limited to that which is essential to meet safety or performance
requirements.
4--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
recycled for later use or destroyed.
5--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. E6-15831 Filed 9-26-06; 8:45 am]
BILLING CODE 6560-50-P