[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Rules and Regulations]
[Pages 58035-58045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23138]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2011-0111; FRL-9729-5]
RIN-2060-AQ84


Protection of Stratospheric Ozone: Listing of Substitutes for 
Ozone-Depleting Substances--Fire Suppression and Explosion Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to list substitutes for 
ozone-depleting substances (ODSs) in the fire suppression and explosion 
protection sector as acceptable subject to use restrictions under the 
EPA's Significant New Alternatives Policy program. This program 
implements Section 612 of the Clean Air Act, as amended in 1990, which 
requires EPA to evaluate substitutes for ozone-depleting substances and 
find them acceptable where they pose comparable or lower overall risk 
to human health and the environment than other available substitutes.

DATES: This rule is effective on December 18, 2012 without further 
notice, unless EPA receives adverse comment or receives a request for a 
public hearing on or before October 19, 2012. If EPA receives adverse 
comment or receives a request for a public hearing, we will publish a 
timely withdrawal in the Federal Register informing the public that all 
or part of this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0111, by one of the following methods:
     Email: [email protected].
     Mail: OAR Docket and Information Center, U.S. 
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460. To expedite review, a second copy of the 
comments should be sent to Bella Maranion at the address listed below 
under FOR FURTHER INFORMATION CONTACT.
     Hand Delivery: Air and Radiation Docket, EPA/DC, EPA West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2011-0111. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information

[[Page 58036]]

claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at the Air and Radiation 
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Bella Maranion, Stratospheric 
Protection Division, Office of Atmospheric Programs (6205J), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 343-9749; fax number: 
(202) 343-2363; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior 
proposed rule because we view this as a non-controversial action and 
anticipate no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, we are publishing a separate 
document that will serve as the proposed rule if adverse comments are 
received or a public hearing is requested on this direct final rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. For further 
information about commenting on this rule, see the ADDRESSES section of 
this document. If EPA receives adverse comment or a request for a 
public hearing, we will publish a timely withdrawal in the Federal 
Register informing the public that this direct final rule will not take 
effect. If a public hearing is requested, EPA will provide notice in 
the Federal Register as to the location, date, and time. We would 
address all public comments in a subsequent final rule based on the 
proposed rule.
    The regulations implementing the Significant New Alternatives 
Policy (SNAP) program are codified at 40 CFR part 82, subpart G. The 
appendices to subpart G list substitutes for ozone-depleting substances 
(ODSs) for specific end uses as unacceptable or acceptable with certain 
restrictions imposed on their use. In addition, a list of acceptable 
substitutes without restrictions is available at http://www.epa.gov/ozone/snap/lists/index.html. The action in this direct final rule will 
add a total of three fire suppression agents to the SNAP list of 
acceptable substitutes in the appendices to subpart G: two fire 
suppression agents are added to the list of substitutes for halon 1301 
that are acceptable subject to use conditions and one fire suppression 
agent is added to the list of substitutes for halon 1211 that are 
acceptable subject to narrowed use limits. This action does not place 
any significant burden on the regulated community but lists as 
acceptable, subject to use restrictions, three new halon substitutes. 
The restrictions will ensure that these substitutes will not pose a 
greater risk to human health or the environment than other potentially 
available substitutes in the fire suppression end use.
    This direct final rule regulates the use of Powdered Aerosol F 
(KSA[supreg]) and Powdered Aerosol G (Dry Sprinkler Powdered Aerosol 
(DSPA) Fixed Generators) by finding them acceptable subject to use 
conditions as substitutes for halon 1301 for use in total flooding fire 
suppression systems in normally unoccupied spaces. This action also 
finds C7 Fluoroketone acceptable subject to narrowed use limits as a 
substitute for halon 1211 for use as a streaming agent in portable fire 
extinguishers in nonresidential applications. Halons are chemicals that 
were once widely used in the fire protection sector but have been 
banned from production in the U.S. since 1994 because their emissions 
into the atmosphere are highly destructive to the stratospheric ozone 
layer. This action will provide users that need specialized fire 
protection applications with more alternatives to the use of halons. 
Businesses that may be regulated, either through manufacturing, 
distribution, installation and servicing, or use of the fire 
suppression equipment containing the substitutes are listed in the 
table below:

  Table 1--Potentially Regulated Entities, by North American Industrial
                   Classification System (NAICS) Code
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                                                      Description of
            Category               NAICS code       regulated entities
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Construction...................          238210  Alarm system (e.g.,
                                                  fire, burglar),
                                                  electric, installation
                                                  only.
Manufacturing..................          325998  Fire extinguisher
                                                  chemical preparations
                                                  manufacturing.
Manufacturing..................          332919  Nozzles, fire fighting,
                                                  manufacturing.
Manufacturing..................          334290  Fire detection and
                                                  alarm systems
                                                  manufacturing.
Manufacturing..................          336611  Shipbuilding and
                                                  repairing.
Manufacturing..................          339999  Fire extinguishers,
                                                  portable,
                                                  manufacturing.
Manufacturing..................          336411  Aircraft manufacturing.
Manufacturing..................          336413  Other aircraft parts
                                                  and auxiliary
                                                  equipment
                                                  manufacturing.
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[[Page 58037]]

This table is not intended to be exhaustive, but rather a guide 
regarding entities likely to be regulated by this action. If you have 
any questions about whether this action applies to a particular entity, 
consult the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

Table of Contents

I. Section 612 Program
    A. Statutory Requirements
    B. Regulatory History
II. Listing Decision: Fire Suppression and Explosion Protection
    A. Total Flooding: Powdered Aerosol F (KSA[supreg])--Acceptable 
Subject to Use Conditions
    B. Total Flooding: Powdered Aerosol G (Dry Sprinkler Powdered 
Aerosol (DSPA) Fixed Generators)--Acceptable Subject to Use 
Conditions
    C. Streaming: C7 Fluoroketone--Acceptable Subject to Narrowed 
Use Limits
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Section 612 Program

A. Statutory Requirements

    Section 612 of the Clean Air Act (CAA) requires EPA to develop a 
program for evaluating alternatives to ozone-depleting substances. EPA 
refers to this program as the Significant New Alternatives Policy 
(SNAP) program. The major provisions of Section 612 are:
     Rulemaking--Section 612(c) requires EPA to promulgate 
rules making it unlawful to replace any class I (chlorofluorocarbon, 
halon, carbon tetrachloride, methyl chloroform, and 
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance 
with any substitute that the Administrator determines may present 
adverse effects to human health or the environment where the 
Administrator has identified an alternative that (1) reduces the 
overall risk to human health and the environment, and (2) is currently 
or potentially available.
     Listing of Unacceptable/Acceptable Substitutes--Section 
612(c) also requires EPA to publish a list of the substitutes 
unacceptable for specific uses and to publish a corresponding list of 
acceptable alternatives for specific uses. The list of acceptable 
substitutes is found at http://www.epa.gov/ozone/snap/lists/index.html, 
and the lists of ``unacceptable,'' ``acceptable subject to use 
conditions,'' and ``acceptable subject to narrowed use limits'' 
substitutes are found in the appendices to subpart G of 40 CFR part 82.
     Petition Process--Section 612(d) grant the right to any 
person to petition EPA to add a substitute to, or delete a substitute 
from, the lists published in accordance with Section 612(c). The Agency 
has 90 days to grant or deny a petition. Where the Agency grants the 
petition, EPA must publish the revised lists within an additional six 
months.
     90-Day Notification--Section 612(e) directs EPA to require 
any person who produces a chemical substitute for a class I substance 
to notify the Agency not less than 90 days before new or existing 
chemicals are introduced into interstate commerce for significant new 
uses as substitutes for a class I substance. The producer must also 
provide the Agency with the producer's unpublished health and safety 
studies on such substitutes.
     Outreach--Section 612(b)(1) states that the Administrator 
shall seek to maximize the use of federal research facilities and 
resources to assist users of class I and II substances in identifying 
and developing alternatives to the use of such substances in key 
commercial applications.
     Clearinghouse--Section 612(b)(4) requires the Agency to 
set up a public clearinghouse of alternative chemicals, product 
substitutes, and alternative manufacturing processes that are available 
for products and manufacturing processes which use class I and II 
substances.

B. Regulatory History

    On March 18, 1994, EPA published the original rulemaking (59 FR 
13044) which established the process for administering the SNAP program 
and issued EPA's first lists identifying acceptable and unacceptable 
substitutes in the major industrial use sectors (subpart G of 40 CFR 
part 82). These sectors include: refrigeration and air-conditioning; 
foam blowing; solvents cleaning; fire suppression and explosion 
protection; sterilants; aerosols; adhesives, coatings and inks; and 
tobacco expansion. These sectors comprise the principal industrial 
sectors that historically consumed the largest volumes of ODS.
    Section 612 of the CAA requires EPA to list as acceptable those 
substitutes that do not present a significantly greater risk to human 
health and the environment as compared with other substitutes that are 
currently or potentially available.
    Under the SNAP regulations, anyone who plans to market or produce a 
substitute to replace a class I substance or class II substance in one 
of the eight major industrial use sectors must provide notice to the 
Agency, including health and safety information on the substitute at 
least 90 days before introducing it into interstate commerce for 
significant new use as an alternative. 40 CFR 82.176(a). This 
requirement applies to the persons planning to introduce the substitute 
into interstate commerce,\1\ which typically are chemical manufacturers 
but may include importers, formulators, or end-users when they are 
responsible for introducing a substitute into commerce.\2\ The 90-day 
SNAP review process begins once EPA receives the submission and 
determines that the submission includes complete and adequate data (40 
CFR 82.180(a)). As required by the CAA, the SNAP regulations, 40 CFR 
82.174(a), prohibit the introduction of a substitute into interstate 
commerce earlier than 90 days after notice has been provided to the 
Agency.
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    \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.
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    The Agency has identified four possible decision categories for 
substitutes that are submitted for evaluation: acceptable; acceptable 
subject to use conditions; acceptable subject to narrowed use limits; 
and unacceptable \3\ (40 CFR 82.180(b)). Use conditions and narrowed 
use limits are both considered ``use restrictions'' and are explained 
below. Substitutes that are deemed acceptable with no use

[[Page 58038]]

restrictions (no use conditions or narrowed use limits) can be used for 
all applications within the relevant end-uses within the sector. 
Substitutes that are acceptable subject to use restrictions may be used 
only in accordance with those restrictions.
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    \3\ The SNAP regulations also include ``pending,'' referring to 
submissions for which EPA has not reached a determination, under 
this provision.
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    After reviewing a substitute, the Agency may determine that a 
substitute is acceptable only if certain conditions in the way that the 
substitute is used are met to minimize risks to human health and the 
environment. EPA describes such substitutes as ``acceptable subject to 
use conditions.'' Entities that use these substitutes without meeting 
the associated use conditions are in violation of EPA's SNAP 
regulations. 40 CFR 82.174(c).
    For some substitutes, the Agency may permit a narrow range of use 
within an end-use or sector. For example, the Agency may limit the use 
of a substitute to certain end-uses or specific applications within an 
industry sector. EPA describes these substitutes as ``acceptable 
subject to narrowed use limits.'' A person using a substitute that is 
acceptable subject to narrowed use limits in applications and end-uses 
that are not consistent with the narrowed use limit is using the 
substitute in an unacceptable manner and is in violation of section 612 
of the CAA and EPA's SNAP regulations. 40 CFR 82.174(c).
    The Agency publishes its SNAP program decisions in the Federal 
Register (FR). EPA first publishes decisions concerning substitutes 
that are deemed acceptable subject to use restrictions (use conditions 
and/or narrowed use limits), or substitutes deemed unacceptable, as 
proposed rulemakings to allow the public opportunity to comment, before 
publishing final decisions.
    In contrast, EPA publishes decisions concerning substitutes that 
are deemed acceptable with no restrictions in ``notices of 
acceptability,'' rather than as proposed and final rules. As described 
in the preamble to the rule initially implementing the SNAP program (59 
FR 13044; March 18, 1994), EPA does not believe that rulemaking 
procedures are necessary to list alternatives that are acceptable 
without restrictions because such listings neither impose any sanction 
nor prevent anyone from using a substitute.
    Many SNAP listings include ``Comments'' or ``Further Information'' 
to provide additional information on substitutes. Since this additional 
information is not part of the regulatory decision, these statements 
are not binding for use of the substitute under the SNAP program. 
However, regulatory requirements so listed are binding under other 
regulatory programs (e.g., worker protection regulations promulgated by 
the U.S. Occupational Safety and Health Administration (OSHA)). The 
``Further Information'' classification does not necessarily include all 
other legal obligations pertaining to the use of the substitute. While 
the items listed are not legally binding under the SNAP program, EPA 
encourages users of substitutes to apply all statements in the 
``Further Information'' column in their use of the substitute. In many 
instances, the information simply refers to sound operating practices 
that have already been identified in existing industry and/or building 
codes and standards. Thus, many of the comments, if adopted, would not 
require the affected user to make significant changes in existing 
operating practices.
    For copies of the comprehensive SNAP lists of substitutes or 
additional information on SNAP, refer to EPA's Ozone Layer Protection 
Web site at www.epa.gov/ozone/snap/index.html. For more information on 
the Agency's process for administering the SNAP program or criteria for 
evaluation of substitutes, refer to the March 18, 1994, SNAP final 
rulemaking (59 FR 13044), codified at 40 CFR part 82, subpart G. A 
complete chronology of SNAP decisions and the appropriate citations are 
found at http://www.epa.gov/ozone/snap/chron.html.

II. Listing Decision: Fire Suppression and Explosion Protection

A. Total Flooding: Powdered Aerosol F (KSA[supreg])--Acceptable Subject 
to Use Conditions

EPA's Decision: EPA Finds Powdered Aerosol F Acceptable Subject to Use 
Conditions as a Substitute for Halon 1301 for Use in Total Flooding 
Fire Suppression Systems in Normally Unoccupied Spaces
    Powdered Aerosol F is acceptable, subject to use conditions, as a 
halon 1301 substitute for total flooding uses. As requested by the 
submitter, the use condition requires that Powdered Aerosol F be used 
only in areas that are not normally occupied. Powdered Aerosol F is 
used as a fire suppression agent in an aerosol fire-extinguishing 
system. It may be marketed under the name KSA[supreg].
    The submitter has claimed the composition of Powdered Aerosol F as 
confidential business information (CBI). You may find the submission 
under docket EPA-HQ-OAR-2011-0111 at http://www.regulations.gov.
    Environmental information: EPA has reviewed the potential 
environmental impacts of this substitute. The active ingredients for 
this technology are solids before and fine solid particulates after 
use; therefore, the ozone depletion potential (ODP), global warming 
potential (GWP), and atmospheric lifetime (ALT) are zero. Thus, 
Powdered Aerosol F is not expected to pose any significant adverse 
impacts on the ozone layer or climate.
    All manufacturing occurs in a facility with strict controls on all 
raw materials and processes, so minimal release to the ambient air is 
expected during the manufacturing process. Because installation and 
servicing occur at very large sites, releases in such locations are 
expected to be well below the acceptable exposure limits. In the event 
of a fire, Powdered Aerosol F is dispersed as fine solid particulates, 
reacting to the heat to suppress the fire. The constituents of Powdered 
Aerosol F are not volatile organic compounds (VOCs). If all spilled and 
settled material in the manufacturing facility and all on-site 
(installation, servicing, and system discharge) releases are cleaned up 
and disposed of according to federal, state, and local requirements, 
consistent with the material safety data sheet (MSDS), no release to 
the environment is expected.
    Toxicity and exposure data: EPA evaluated occupational and general 
population exposure at manufacture and at end use to ensure that the 
use of Powdered Aerosol F will not pose unacceptable risks to workers 
or the general public. This risk screen is available in docket EPA-HQ-
OAR-2011-0111 under the name, ``Risk Screen on Substitute for Halon 
1301 Total Flooding Systems in Unoccupied Spaces Substitute: Powdered 
Aerosol F (KSA[supreg]).'' In particular, the risk screen considered 
the highly respirable nature of the substitute as well as the potential 
effect of increased blood pH from inhalation of the substitute. As 
discussed below, the use of proper personal protective equipment (PPE) 
during manufacturing, at installation, maintenance, and clean-up 
minimizes personnel exposure from inhalation of the substitute. Blood 
pH modeling also indicates that the levels of the constituent in 
Powdered Aerosol F affecting blood pH are not expected to pose a health 
risk. Based on this evaluation, EPA recommends the following 
specifications for filling containers or installing total flooding fire 
suppression systems with this agent:

--Appropriate protective clothing (e.g., goggles, particulate removing 
respirators, and gloves) should be worn during the manufacture, clean 
up, and disposal of this agent.

[[Page 58039]]

--Appropriate protective clothing (e.g., goggles, particulate removing 
respirators, and gloves) should be worn during the installation and 
maintenance of the extinguishing units filled with the agent.
--Training for safe handling procedures should be provided to all 
employees that would be likely to handle the containers of the agent or 
extinguishing units filled with the agent. Use of this agent should be 
in accordance with the safety guidelines in the latest edition of the 
National Fire Protection Association (NFPA) 2010 Standard for Aerosol 
Extinguishing Systems.

    The post activation product of Powdered Aerosol F is entirely 
particulates, and as indicated by the submitter, of a fine size which 
makes it highly respirable. A constituent of Powdered Aerosol F, 
despite having low toxicity, can pose a human health risk because it 
can raise blood pH level if inhaled in sufficient quantities. The 
potential to increase blood pH is not considered a significant adverse 
health effect because the body can restore the pH to normal range. 
Using information provided by the submitter, we modeled a reasonable 
worst-case accidental release (without a fire), exposing maintenance 
personnel to the maximum design concentration provided by the 
submitter. Blood pH modeling indicates that Powdered Aerosol F is not 
expected to pose a significant health risk. This calculation and the 
assumptions for respirable amounts and releases of Powdered Aerosol F 
are included in the risk screen conducted for this substitute and are 
available in the docket for this rule. While the levels of soluble 
particles of Powdered Aerosol F are not expected to pose a significant 
health risk, EPA recommends the following:

--Releases in all settings should be limited to an appropriate design 
concentration for the protected space so that increased pH level would 
not adversely affect exposed individuals; exposed individuals should be 
given an electrolyte solution to drink afterwards to restore the pH 
within the appropriate range;
--Users should provide special training to individuals required to be 
in environments protected by Powdered Aerosol F extinguishing systems; 
each container of the Powdered Aerosol F should be clearly labeled with 
the potential hazards from use and safe handling procedures; and
--In the case of an accidental spill, the area should be well-
ventilated, and workers should wear protective equipment while 
following good industrial hygiene practices for clean-up and disposal.

The MSDS contains similar requirements with regard to safe handling, 
protection from, and clean-up of Powdered Aerosol F.

    Use of Powdered Aerosol F should conform to relevant Occupational 
Safety and Health Administration (OSHA) requirements, including 29 CFR 
Part 1910, Subpart L, Sections 1910.160 and 1910.162. Per OSHA 
requirements, protective gear (self-contained breathing apparatus) 
should be available in the event that personnel re-enter the area after 
Powdered Aerosol F has been discharged.
    Comparison to other fire suppressants: According to the submitter, 
the active ingredients for Powdered Aerosol F are solids before and 
fine solid particulates after use. The post-activation products of 
Powdered Aerosol F have an ODP and a GWP of zero, which is comparable 
to or less than that for other non-ozone depleting substitutes for 
halon 1301, such as Inert Gas 100, HFC-227ea or HFC-125, with GWPs of 
zero, 3220, and 3500, respectively.\4\ Toxicity risks are low as 
discussed above. We find that Powdered Aerosol F is acceptable for use 
in normally unoccupied spaces because it poses comparable or lower 
overall risk to public health and the environment than the other 
available substitutes for the same end use.
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    \4\ IPCC, 2007: Climate Change 2007: The Physical Science Basis. 
Contribution of Working Group I to the Fourth Assessment Report of 
the Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, 
M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor and H.L. 
Miller (eds.)]. Cambridge University Press, Cambridge, United 
Kingdom and New York, NY, USA. This document is accessible at http://www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html.
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B. Total Flooding: Powdered Aerosol G (Dry Sprinkler Powdered Aerosol 
(DSPA) Fixed Generators)--Acceptable Subject to Use Conditions

EPA's Decision: EPA Finds Powdered Aerosol G (DSPA Fixed Generators) 
Acceptable as a Substitute for Halon 1301 for Total Flooding Uses in 
Normally Unoccupied Spaces
    Powdered Aerosol G is acceptable, subject to use conditions, as a 
halon 1301 substitute for total flooding uses. As requested by the 
submitter, the use condition requires that Powdered Aerosol G be used 
only in areas that are normally unoccupied. Powdered Aerosol G is a 
solid material in pellet form, which aerosolizes upon activation, and 
housed in various-sized generator units. Depending on the fire 
suppression requirement, a single generator or several generators may 
be used in the protected space. When electrically or thermally 
activated, Powdered Aerosol G produces combustion by-products (micron-
sized particles and a gaseous mixture of primarily nitrogen 
(N2, CAS Reg. No. 7727-37-9)) that mix together into a 
uniform fire extinguishing aerosol before being released into the 
protected area. The released inert gases extinguish a fire in the space 
by displacing the oxygen available for combustion and reducing the heat 
of the combustion source. The submitter has claimed the composition of 
Powdered Aerosol G as CBI. You may find the submission under docket 
EPA-HQ-OAR-2011-0111 at http://www.regulations.gov.
    Environmental information: The pre-activation constituents of 
Powdered Aerosol G are solids before use and therefore have zero ODP 
and zero GWP. Further, the ODP of each of the post-activation 
constituents of Powdered Aerosol G is zero, and the GWPs of post-
activation constituents are 1 or less.
    Of the organic constituents of Powdered Aerosol G, only hydrogen 
cyanide (a post-activation product) has not been exempted as a VOC as 
defined under CAA regulations (40 CFR 51.100(s)); however, it 
constitutes approximately 5x10-3 percent of the post-
activation products by weight which is a very small amount. VOC 
emissions from the production of the generators containing Powdered 
Aerosol G are controlled through standard industry practices, and as 
such, VOC emissions from manufacture are expected to be minimal. 
Potential emissions of VOCs from the use of Powdered Aerosol G in the 
fire extinguishing and explosion prevention sector are likely to be 
insignificant relative to VOCs from all other sources (i.e., other 
industries, mobile sources, and biogenic sources). An assessment was 
performed to compare the annual VOC emissions from use of Powdered 
Aerosol G in total flooding systems produced in one year to other 
anthropogenic sources of VOC emissions. This assessment is available in 
docket EPA-HQ-OAR-2011-0111 under the name, ``Risk Screen on Substitute 
for Halon 1301 Total Flooding Systems in Unoccupied Spaces, Substitute: 
Powdered Aerosol G (Dry Sprinkler Powdered Aerosol (DSPA) Fixed 
Generators).'' Assuming that 100 percent of Powdered Aerosol G produced 
in one year\5\ were to be used

[[Page 58040]]

in fire occurrences and thus released to the atmosphere (extremely 
unlikely), only 0.04 metric tonnes of VOCs would be emitted, which is 
approximately equal to 8.6x10-6 percent of the annual VOC 
emissions caused by fires,\6\ or only about 1.5x10-6 percent 
of annual VOC emissions caused by highway vehicles.\7\ This assessment 
finds that even at an unlikely release rate of 100 percent, the VOC 
emissions from use of Powdered Aerosol G are several orders of 
magnitude lower than other anthropogenic emissions; therefore, the 
environmental impacts of these VOCs are not considered a significant 
risk to local air quality.
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    \5\ Maximum total production per year at market saturation 
figure is based on DSPA SNAP submission.
    \6\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data for residential wood burning and agricultural 
field burning (EPA 2008 and EPA 2011) and ICF assumptions.
    \7\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data (EPA 2009) and ICF assumptions.
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    Toxicity and exposure data: EPA evaluated occupational and general 
population exposure at manufacture and at end use to ensure that the 
use of Powdered Aerosol G will not pose unacceptable risks to workers 
or the general public. This risk screen is available in docket EPA-HQ-
OAR-2011-0111 under the name, ``Risk Screen on Substitute for Halon 
1301 Total Flooding Systems in Unoccupied Spaces, Substitute: Powdered 
Aerosol G (Dry Sprinkler Powdered Aerosol (DSPA) Fixed Generators).''
    Exposure to the DSPA generator upon activation may result in 
irritation if inhalation, ingestion, skin contact, or eye contact 
occurs. Exposure to an aerosol suppression agent may cause temporary, 
mild irritation of mucous membranes if inhaled and may cause slight 
irritation of the skin. In the event of an accidental discharge, the 
room should be immediately evacuated and the instructions listed in the 
MSDS for Powdered Aerosol G should be followed. Workers should not 
enter the space following discharge until all particles have settled 
and/or been ventilated and the gases released by the system have 
dissipated.
    EPA finds that the use of the exposure controls discussed in the 
following sections and adherence with the appropriate occupational 
safety guidelines and requirements in the manufacturer's MSDS are 
sufficient to ensure that the manufacture, installation, maintenance, 
and cleanup of Powdered Aerosol G do not pose a risk to human health. 
Likewise, no consumer exposure is expected because Powdered Aerosol G 
systems are designed for use in commercial and industrial applications 
only in normally unoccupied spaces.
    Powdered Aerosol G is not expected to pose a risk to workers during 
manufacture due to an automated production process. The only place 
where workers may be exposed to the constituents is during the loading 
of the processing vessel/mixer, which accounts for less than 10 minutes 
of the production time. According to the submitter, these workers wear 
PPE including protective suits, safety glasses, and respirators. The 
entire manufacturing space is ventilated with a local exhaust system to 
reduce airborne exposure of the Powdered Aerosol G constituents. The 
submitter reported to EPA that manufacture of Powdered Aerosol G 
pellets and generators does not take place in the United States. Only 
the final product, the Powdered Aerosol G generator unit, consisting of 
the rigid steel case containing solid blocks of the Powdered Aerosol G 
extinguishing compound is sold in the United States. In the ``Further 
Information'' columns of the tables summarizing today's listing 
decisions, EPA recommends the following for establishments filling, 
installing, or servicing generator units or systems to be used in total 
flooding applications:

--Appropriate protective clothing (e.g., goggles, particulate removing 
respirators, and gloves) should be worn during the manufacture, clean 
up, and disposal of this agent as well as during the installation and 
maintenance of the generator units filled with the agent;
--Training for safe handling procedures should be provided to all 
employees that would be likely to handle the agent or the generator 
units containing the agent; and
--Use of this agent should be in accordance with the safety guidelines 
in the latest edition of the National Fire Protection Association 
(NFPA) 2010 Standard for Aerosol Extinguishing Systems.

    Powdered Aerosol G generators are not expected to pose a risk to 
workers during installation, maintenance, and cleanup. In accordance 
with Department of Health and Human Services regulations (42 CFR part 
84), safety glasses and a NIOSH/CDC-approved N99 respirator are 
required for individuals installing Powdered Aerosol G fixed systems. 
In the event of an accidental discharge, the manufacturer's MSDS should 
be followed, including the use of a NIOSH N99 respirator and goggles. 
For cleanup operations, workers should not enter the space after 
discharge until all particles have settled and/or been ventilated and 
the gases released by the system have dissipated. Workers entering the 
space before it has been ventilated should wear protective clothing, 
goggles, and a self-contained breathing apparatus (SCBA). In accordance 
with the MSDS, EPA recommends the following:

--The post-activation products of Powdered Aerosol G should be 
collected by hand (e.g., with a dustpan and duster or a vacuum 
cleaner);
--Waste should be collected in suitable drums for disposal and the area 
should be washed clean with sufficient quantities of water;
--Employers should provide special training to workers required to 
clean up after discharge or required to work near spaces protected by 
Powdered Aerosol G fixed generator total flooding systems;
--Each Powdered Aerosol G generator unit should be clearly labeled with 
the potential hazards of use and with safe handling procedures; and
--In the case of an accidental discharge, the area should be well-
ventilated, and workers should wear protective equipment while 
following good industrial hygiene practices for clean-up and disposal.

    Use of Powdered Aerosol G generators should conform to relevant 
OSHA requirements, including 29 CFR part 1910, subpart L, sections 
1910.160 and 1910.162. Per OSHA requirements, protective gear (self-
contained breathing apparatus) should be available in the event that 
personnel re-enter the area before the particles have settled 
(approximately 30-40 minutes after discharge) or before the space has 
been ventilated.
    Comparison to other fire suppressants: The post-activation products 
of Powdered Aerosol G have ODPs of zero and GWPs of 1 or less, 
comparable to or less than that for other non-ozone depleting 
substitutes for halon 1301, such as Inert Gas 100, HFC-227ea or HFC-
125, with GWPs of zero, 3220, and 3500, respectively.\8\ Toxicity risks 
are low when used in normally unoccupied areas for commercial and 
industrial specialty fire protection applications. We find that 
Powdered Aerosol G is acceptable for use in normally unoccupied areas 
because it poses comparable or lower overall risk to public health and 
the environment than the other substitutes acceptable in

[[Page 58041]]

the end use listed above when used in accordance with the use 
condition.
---------------------------------------------------------------------------

    \8\ IPCC, 2007.
---------------------------------------------------------------------------

C. Streaming: C7 Fluoroketone--Acceptable Subject to Narrowed Use 
Limits

EPA's decision: EPA Finds C7 Fluoroketone Is Acceptable Subject to 
Narrowed Use Limits as a Substitute for Halon 1211 for Use as a 
Streaming Agent. The Narrowed Use Limits Require That C7 Fluoroketone 
Be Used Only in Nonresidential Applications
    C7 Fluoroketone is also known as C7 FK or FK-6-1-14. This 
substitute is a blend of two isomers, 3-pentanone,1,1,1,2,4,5,5,5-
octafluoro-2,4-bis(trifluoromethyl) (Chemical Abstracts Service 
Registry Number [CAS Reg. No.] 813-44-5) and 3-
hexanone,1,1,1,2,4,4,5,5,6,6,6-undecafluoro-2-(trifluoromethyl) (CAS 
Reg. No. 813-45-6). You may find the submission under docket EPA-HQ-
OAR-2011-0111 at http://www.regulations.gov.
    Environmental information: C7 Fluoroketone has zero ODP and a GWP 
of approximately 1. Therefore, C7 Fluoroketone is not expected to pose 
any significant adverse impact on the ozone layer or climate.
    The physicochemical properties of the majority of halon substitutes 
make it unlikely that the substitutes would be released to surface 
water as a result of use. In the case of C7 Fluoroketone, the proposed 
substitute is insoluble in water and readily volatilizes. Thus, EPA 
expects that all of the constituents would rapidly vaporize during 
expulsion from the container, would not be likely to settle, and 
therefore would be unlikely to lead to surface water contamination or 
generation of solid waste.
    C7 Fluoroketone has not been exempted as a VOC under the CAA (40 
CFR 51.100(s)). VOC emissions from the production of portable 
extinguishers charged with C7 Fluoroketone are controlled through 
standard industry practices, and as such, emissions from manufacture of 
units are likely to be minimal. An assessment was performed to compare 
the annual VOC emissions from use of C7 Fluoroketone in portable 
extinguishers in one year to other anthropogenic sources of VOC 
emissions. This assessment is available in docket EPA-HQ-OAR-2011-0111 
under the name, ``Risk Screen on Substitute for Halon 1211 as a 
Streaming Agent in Portable Fire Extinguishers Substitute: C7 
Fluoroketone.'' This assessment finds that even if the entire portion 
for streaming agent applications of the allowable quantity of C7 FK 
produced by the submitter in one year was all released to the 
atmosphere (extremely unlikely), the resulting VOC emissions would be 
approximately equal to 3.0 x 10-2 percent of annual VOC 
emissions caused by fires,\9\ or only about 1.1 x 10-3 
percent of all annual anthropogenic VOC emissions.\10\ As these 
emissions are several orders of magnitude less than other anthropogenic 
emissions, the environmental impacts of these VOCs are not considered a 
significant risk to local air quality.
---------------------------------------------------------------------------

    \9\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data for residential wood burning and agricultural 
field burning (EPA 2008 and EPA 2011) and ICF assumptions.
    \10\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data (EPA 2009) and ICF assumptions.
---------------------------------------------------------------------------

    Toxicity and exposure data: Inhalation of C7 Fluoroketone could 
cause respiratory tract irritation and symptoms may include cough, 
sneezing, nasal discharge, headache, hoarseness, and nose and throat 
pain. Contact with the eyes and/or skin during product use is not 
expected to result in significant irritation. Ingestion of C7 
Fluoroketone is not expected to cause health effects, and there is no 
anticipated need for first aid if C7 Fluoroketone is ingested. The 
potential health effects of C7 Fluoroketone can be minimized by 
following the exposure guidelines and recommendations for ventilation 
and PPE outlined in the MSDS and discussed further below.
    EPA evaluated occupational and general population exposure at 
manufacture and at end use to ensure that the use of C7 Fluoroketone 
will not pose unacceptable risks to workers or the general public. This 
risk screen is available in docket EPA-HQ-OAR-2011-0111 under the name, 
``Risk Screen on Substitute for Halon 1211 as a Streaming Agent in 
Portable Fire Extinguishers Substitute: C7 Fluoroketone.''
    EPA is providing the following additional information regarding use 
of C7 Fluoroketone as a streaming agent in nonresidential applications. 
Appropriate protective measures should be taken and proper training 
administered for the manufacture, clean-up and disposal of this 
product. For this new chemical, the manufacturer developed an 
acceptable exposure limit (AEL) for the workplace set at a level 
believed to protect from chronic adverse health effects those workers 
who are regularly exposed, such as in the manufacturing or filling 
processes. EPA reviewed the submitter's supporting data and accepts the 
manufacturer's AEL for C7 Fluoroketone of 225 ppm over an 8-hour time-
weighted average.\11\ EPA recommends the following for establishments 
filling canisters to be used in streaming applications:
---------------------------------------------------------------------------

    \11\ ``Determination of an AEL for C7 Fluoroketone (C7 FK),'' 
Appendix A to Risk Screen on Substitute for Halon 1211 as a 
Streaming Agent in Portable Fire Extinguishers Substitute: C7 
Fluoroketone. Available in docket EPA-HQ-OAR-2011-0111.
---------------------------------------------------------------------------

--Adequate ventilation should be in place;
--All spills should be cleaned up immediately in accordance with good 
industrial hygiene practices; and
--Training for safe handling procedures should be provided to all 
employees that would be likely to handle the containers of the agent or 
extinguishing units filled with the agent.

EPA anticipates that C7 Fluoroketone will be used consistent with the 
recommendations specified in the manufacturer's MSDS.

    EPA recommends use of C7 Fluoroketone as a streaming agent in 
accordance with the latest edition of NFPA Standard 10 for Portable 
Fire Extinguishers. We expect that users will be able to meet the 
recommended workplace exposure limit and address potential health risks 
by following the above recommendations, using the substitute in 
accordance with the manufacturer's MSDS, and following other safety 
precautions common to the fire protection industry.
    Comparison to other fire suppressants: C7 Fluoroketone is not 
ozone-depleting with a GWP of 1 in contrast to halon 1211 (with an ODP 
of 7.1 and a GWP of 1890), the ODS which it replaces. Compared to other 
substitutes for halon 1211, such as HCFC Blend B (with ODP of roughly 
0.01 and GWP of roughly 80), HFC-227ea (with ODP of 0 and GWP of 3220), 
and HFC-236fa (with an ODP of 0 and GWP of 9810), C7 Fluoroketone has a 
similar or less significant impact on the ozone layer and climate. Risk 
to the general population is expected to be negligible provided that 
the substitute is not used in residential applications as requested by 
the submitter and as established under the narrowed use limits. 
Occupational exposure should not pose a problem if use is in accordance 
with the manufacturer's MSDS and other precautions normally used in the 
fire protection industry. Thus, we find that C7 Fluoroketone is 
acceptable subject to narrowed use limits because the overall 
environmental and human health risk posed by C7 Fluoroketone is lower 
than or comparable to the risks posed by

[[Page 58042]]

other available substitutes in the same end use.

III. Statutory and Executive Order Reviews

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

    OMB notified EPA on May 5, 2011, that it considers this action not 
a ``significant regulatory action'' under the terms of Executive Order 
12866 (58 FR 51735, October 4, 1993) and it is therefore not subject to 
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This final rule is an Agency determination. It contains no new 
requirements for reporting. However, the Office of Management and 
Budget (OMB) has previously approved the information collection 
requirements contained in the existing regulations in subpart G of 40 
CFR part 82 under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-0226 (EPA 
ICR No. 1596.08). The OMB control numbers for EPA's regulations are 
listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statutes unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of today's rule on small 
entities, small entities are defined as (1) a small business that 
produces or uses fire suppressants as total flooding and/or streaming 
agents with 500 or fewer employees or total annual receipts of $5 
million or less; (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; and (3) a small organization 
that is any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities beyond current 
industry practices. Today's action effectively supports the 
introduction of three new alternatives to the market for fire 
protection extinguishing systems, thus providing additional options for 
users making the transition away from ozone-depleting halons.
    Use of halon 1301 total flooding systems and halon 1211 streaming 
agents have historically been in specialty fire protection applications 
including essential electronics, civil aviation, military mobile weapon 
systems, oil and gas and other process industries, and merchant 
shipping with smaller segments of use including libraries, museums, and 
laboratories. The majority of halon system and equipment owners 
continue to maintain and refurbish existing systems since halon 
supplies continue to be available in the U.S. Owners of new facilities 
make up the market for the new alternative agent systems and may also 
consider employing other available fire protection options including 
new, improved technology for early warning and smoke detection. Thus, 
EPA is providing more options to any entity, including small entities, 
by finding substitutes acceptable for use. The use restrictions imposed 
on the substitutes in today's rule are consistent with the applications 
suggested by the submitters and with current industry practices. 
Therefore, we conclude that the rule does not impose any new cost on 
businesses.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. By 
introducing three new substitutes, today's rule gives additional 
flexibility to small entities that are concerned with fire suppression. 
EPA also has worked closely together with the NFPA, which conducts 
regular outreach with small entities and involves small state, local, 
and tribal governments in developing and implementing relevant fire 
protection standards and codes.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. This action imposes no enforceable duty on any State, local, or 
tribal governments or the private sector. Therefore, this action is not 
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. This direct final 
rule will provide additional options for fire protection subject to 
safety guidelines in industry standards. These standards are typically 
already required by state or local fire codes, so this action will not 
affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This regulation applies directly to 
facilities that use these substances and not to governmental entities. 
Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. It will not have substantial direct effects on 
tribal governments, on the relationship between the Federal government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. It does not significantly or uniquely affect the 
communities of Indian tribal governments, because this regulation 
applies directly to facilities that use these substances and not to 
governmental entities. Thus, Executive Order 13175 does not apply to 
this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to E.O. 13045 (62 FR 19885, April 23, 
1997) because it is not economically significant as defined in E.O. 
12866, and because the Agency does not believe the environmental health 
or safety risks addressed by this action present a disproportionate 
risk to children. This action's health and risk assessments are 
discussed in section II.

[[Page 58043]]

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This rulemaking does not involve setting technical standards. EPA 
defers to existing NFPA voluntary consensus standards and Occupational 
Safety and Health Administration (OSHA) regulations that relate to the 
safe use of halon substitutes reviewed under SNAP. EPA refers users to 
the latest edition of NFPA 2010 Standard on Aerosol Extinguishing 
Systems which provides for safe use of aerosol extinguishing agents and 
technologies and NFPA 10 Standard for Portable Fire Extinguishers. 
Copies of these standards may be obtained by calling the NFPA's 
telephone number for ordering publications at 1-800-344-3555. The NFPA 
2010 standards meet the objectives of the rule by setting 
scientifically-based guidelines for safe exposure to halocarbon and 
inert gas agents and aerosol extinguishing agents, respectively. In 
addition, EPA has worked in consultation with OSHA to encourage 
development of technical standards to be adopted by voluntary consensus 
standards bodies.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This direct final rule would provide fire 
suppression substitutes that have no ODP and low or no GWP. The avoided 
ODS and GWP emissions would assist in restoring the stratospheric ozone 
layer, avoiding adverse climate impacts, and result in human health and 
environmental benefits.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective December 18, 2012.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements, 
Stratospheric ozone layer.

    Dated: September 11, 2012.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, 40 CFR part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

Subpart G--Significant New Alternatives Policy Program

0
2. Subpart G of part 82 is amended by adding Appendix S to read as 
follows: Appendix S to Subpart G of Part 82--Substitutes Listed in the 
September 19, 2012 Final Rule, Effective December 18, 2012.

[[Page 58044]]



             Fire Suppression and Explosion Protection Sector--Acceptable Subject To Use Conditions
----------------------------------------------------------------------------------------------------------------
           End-Use                Substitute        Decision        Conditions          Further information
----------------------------------------------------------------------------------------------------------------
Total Flooding...............  Powdered         Acceptable       For use only in  Use of this agent should be in
                                Aerosol F        subject to use   normally         accordance with the safety
                                (KSA[supreg])    conditions.      unoccupied       guidelines in the latest
                                as a                              areas.           edition of the NFPA 2010
                                substitute for                                     standard for Aerosol
                                Halon 1301.                                        Extinguishing Systems.
                                                                                  For establishments filling,
                                                                                   installing, servicing, using,
                                                                                   or disposing of containers or
                                                                                   systems to be used in total
                                                                                   flooding applications, EPA
                                                                                   recommends the following:
                                                                                  --appropriate protective
                                                                                   clothing (e.g., goggles,
                                                                                   particulate removing
                                                                                   respirators, and gloves)
                                                                                   should be worn during the
                                                                                   installation and maintenance
                                                                                   of the extinguishing units
                                                                                   filled with the agent or
                                                                                   during clean up and disposal
                                                                                   of this agent;
                                                                                  --training should be provided
                                                                                   to all employees that would
                                                                                   be likely to handle
                                                                                   containers of the agent or
                                                                                   extinguishing units filled
                                                                                   with the agent, required to
                                                                                   clean up after discharge or
                                                                                   required to work near spaces
                                                                                   protected by Powdered Aerosol
                                                                                   F.
                                                                                  Releases in all settings
                                                                                   should be limited to an
                                                                                   appropriate design
                                                                                   concentration for the
                                                                                   protected space so that
                                                                                   increased blood pH level
                                                                                   would not adversely affect
                                                                                   exposed individuals.
                                                                                  Exposed individuals should be
                                                                                   given an electrolyte solution
                                                                                   to drink afterwards to
                                                                                   restore the pH within the
                                                                                   appropriate range.
                                                                                  Each extinguisher should be
                                                                                   clearly labeled with the
                                                                                   potential hazards from use
                                                                                   and safe handling procedures.
                                                                                  In the case of an accidental
                                                                                   spill, the area should be
                                                                                   well-ventilated, and workers
                                                                                   should wear protective
                                                                                   equipment while following
                                                                                   good industrial hygiene
                                                                                   practices for clean-up and
                                                                                   disposal.
                                                                                  See additional comments 1, 2,
                                                                                   3, 4.
Total Flooding...............  Powdered         Acceptable       For use only in  Use of this agent should be in
                                Aerosol G (Dry   subject to use   normally         accordance with the safety
                                Sprinkler        conditions.      unoccupied       guidelines in the latest
                                Powdered                          areas.           edition of the NFPA 2010
                                Aerosol (DSPA)                                     standard for Aerosol
                                Fixed                                              Extinguishing Systems.
                                Generators) as                                    For establishments filling,
                                a substitute                                       installing, servicing, using
                                for Halon 1301.                                    or disposing of generator
                                                                                   units or systems in total
                                                                                   flooding applications, EPA
                                                                                   recommends the appropriate
                                                                                   protective clothing (e.g.,
                                                                                   goggles, particulate removing
                                                                                   respirators, and gloves)
                                                                                   should be worn during the
                                                                                   installation and maintenance
                                                                                   of the extinguishing units
                                                                                   filled with the agent or
                                                                                   during clean up and disposal
                                                                                   of this agent.
                                                                                  Powdered Aerosol G should be
                                                                                   collected by hand (e.g., with
                                                                                   a dustpan and duster or a
                                                                                   vacuum cleaner); waste should
                                                                                   be collected in suitable
                                                                                   drums for disposal and the
                                                                                   area should be washed clean
                                                                                   with sufficient quantities of
                                                                                   water; and training should be
                                                                                   provided to all employees
                                                                                   that would be likely to
                                                                                   handle the agent or generator
                                                                                   units filled containing the
                                                                                   agent, required to clean up
                                                                                   after discharge or required
                                                                                   to work near spaces protected
                                                                                   by Powdered Aerosol G fixed
                                                                                   generator total flooding
                                                                                   systems.
                                                                                  In accordance with Department
                                                                                   of Health and Human Services
                                                                                   regulations (42 CFR Part 84),
                                                                                   safety glasses and a NIOSH/
                                                                                   CDC-approved N99 respirator
                                                                                   are required for individuals
                                                                                   installing Powdered Aerosol G
                                                                                   fixed systems.
                                                                                  Each generator unit should be
                                                                                   clearly labeled with the
                                                                                   potential hazards from use
                                                                                   and safe handling procedures.
                                                                                  In the case of an accidental
                                                                                   discharge, the area should be
                                                                                   well-ventilated, and workers
                                                                                   should wear protective
                                                                                   equipment while following
                                                                                   good industrial hygiene
                                                                                   practices for clean-up and
                                                                                   disposal.
                                                                                  See additional comments 1, 2,
                                                                                   3, 4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
  1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
  area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
  recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
  equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
  occupational safety and health standard with respect to halon substitutes.


[[Page 58045]]


           Fire Suppression and Explosion Protection Sector--Acceptable Subject to Narrowed Use Limits
----------------------------------------------------------------------------------------------------------------
           End-Use                Substitute        Decision        Conditions          Further information
----------------------------------------------------------------------------------------------------------------
Streaming....................  C7 Fluoroketone  Acceptable       For use only in  Use of this agent should be in
                                as a             subject to       non-             accordance with the latest
                                substitute for   narrowed use     residential      edition of NFPA Standard 10
                                Halon 1211.      limits.          applications.    for Portable Fire
                                                                                   Extinguishers.
                                                                                  For operations that fill
                                                                                   canisters to be used in
                                                                                   streaming applications, EPA
                                                                                   recommends the following:
                                                                                  --Adequate ventilation should
                                                                                   be in place;
                                                                                  --All spills should be cleaned
                                                                                   up immediately in accordance
                                                                                   with good industrial hygiene
                                                                                   practices; and
                                                                                  --Training for safe handling
                                                                                   procedures should be provided
                                                                                   to all employees that would
                                                                                   be likely to handle
                                                                                   containers of the agent or
                                                                                   extinguishing units filled
                                                                                   with the agent.
                                                                                  See additional comments 1, 2,
                                                                                   3, 4.
----------------------------------------------------------------------------------------------------------------
Additional comments:
1--Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and
  1910.162.
2--Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the
  area.
3--The agent should be recovered from the fire protection system in conjunction with testing or servicing, and
  recycled for later use or destroyed.
4--EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective
  equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other
  occupational safety and health standard with respect to halon substitutes.

[FR Doc. 2012-23138 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P