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


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2011-0111; FRL-9800-9]
RIN-2060-AQ84


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the U.S. Environmental Protection Agency's 
Significant New Alternatives Policy program, this action lists C7 
Fluoroketone as an acceptable substitute, subject to narrowed use 
limits, for ozone-depleting substances used as streaming agents in the 
fire suppression and explosion protection sector. The program 
implements Section 612 of the Clean Air Act, as amended in 1990, which 
requires the Agency to evaluate substitutes and find them acceptable 
where they pose comparable or lower overall risk to human health and 
the environment than other available substitutes.

DATES: This rule is effective on May 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2011-0111. All documents in the docket are listed on the 
www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and is publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Air and Radiation Docket is (202) 566-1742.

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

SUPPLEMENTARY INFORMATION: The regulations implementing the Significant 
New Alternatives Policy (SNAP) program are codified at 40 CFR part 82, 
subpart G. The appendices to subpart G list substitutes for ozone-
depleting substances (ODSs) for specific end uses as unacceptable or as 
acceptable with certain restrictions imposed on their use. In addition, 
a list of acceptable substitutes without restrictions is available at 
http://www.epa.gov/ozone/snap/lists/index.html. This final rule will 
add a new fire suppression agent to the SNAP list of acceptable 
substitutes in the appendices to subpart G and specifically to the list 
of substitutes for halon 1211 for streaming uses. This action does not 
place any significant burden on the regulated community but lists as 
acceptable, subject to narrowed use limits, a new halon substitute. The 
restrictions will ensure that this substitute will not pose a greater 
risk to human health or the environment than other available or 
potentially available substitutes in the fire suppression end use.
    This final rule finds C7 Fluoroketone acceptable subject to 
narrowed use limits as a substitute for halon 1211 for use as a 
streaming agent in portable fire extinguishers in nonresidential 
applications. Halons are chemicals that were once widely used in the 
fire protection sector but have been banned from production in the U.S. 
since 1994 because their emissions into the atmosphere are highly 
destructive to the stratospheric ozone layer. This action will provide 
users that need specialized fire protection applications with more 
alternatives to the use of halons. Businesses that may be regulated, 
either through manufacturing, distribution, installation and servicing, 
or use of the fire suppression equipment containing the substitutes are 
listed in the table below:

  Table 1--Potentially Regulated Entities, by North American Industrial
                   Classification System (NAICS) Code
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                                                      Description of
            Category               NAICS Code       regulated entities
------------------------------------------------------------------------
Construction...................          238210  Alarm system (e.g.,
                                                  fire, burglar),
                                                  electric, installation
                                                  only.
Manufacturing..................          325998  Fire extinguisher
                                                  chemical preparations
                                                  manufacturing.

[[Page 24998]]

 
Manufacturing..................          332919  Nozzles, fire fighting,
                                                  manufacturing.
Manufacturing..................          334290  Fire detection and
                                                  alarm systems
                                                  manufacturing.
Manufacturing..................          336611  Shipbuilding and
                                                  repairing.
Manufacturing..................          339999  Fire extinguishers,
                                                  portable,
                                                  manufacturing.
Manufacturing..................          336411  Aircraft manufacturing.
Manufacturing..................          336413  Other aircraft parts
                                                  and auxiliary
                                                  equipment
                                                  manufacturing.
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This table is not intended to be exhaustive, but rather a guide 
regarding entities likely to be regulated by this action. If you have 
any questions about whether this action applies to a particular entity, 
consult the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

Table of Contents

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

I. Section 612 Program

A. Statutory Requirements

    Section 612 of the Clean Air Act (CAA) requires EPA to develop a 
program for evaluating alternatives to ozone-depleting substances. EPA 
refers to this program as the Significant New Alternatives Policy 
(SNAP) program. The major provisions of Section 612 are:
     Rulemaking--Section 612(c) requires EPA to promulgate 
rules making it unlawful to replace any class I (chlorofluorocarbon, 
halon, carbon tetrachloride, methyl chloroform, and 
hydrobromofluorocarbon) or class II (hydrochlorofluorocarbon) substance 
with any substitute that the Administrator determines may present 
adverse effects to human health or the environment where the 
Administrator has identified an alternative that (1) reduces the 
overall risk to human health and the environment, and (2) is currently 
or potentially available.
     Listing of Unacceptable/Acceptable Substitutes--Section 
612(c) also requires EPA to publish a list of the substitutes 
unacceptable for specific uses and to publish a corresponding list of 
acceptable alternatives for specific uses. The list of acceptable 
substitutes is found at 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

[[Page 24999]]

chemical manufacturers but may include importers, formulators, or end-
users when they are responsible for introducing a substitute into 
commerce.\2\ The 90-day SNAP review process begins once EPA receives 
the submission and determines that the submission includes complete and 
adequate data (40 CFR 82.180(a)). As required by the CAA, the SNAP 
regulations, 40 CFR 82.174(a), prohibit the introduction of a 
substitute into interstate commerce earlier than 90 days after notice 
has been provided to the Agency.
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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 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. EPA first publishes decisions concerning substitutes that are 
deemed acceptable subject to use restrictions (use conditions and/or 
narrowed use limits), or substitutes deemed unacceptable, as proposed 
rulemakings to allow the public opportunity to comment, before 
publishing final decisions.
    In contrast, EPA publishes decisions concerning substitutes that 
are deemed acceptable with no restrictions in ``notices of 
acceptability,'' rather than as proposed and final rules. As described 
in the preamble to the rule initially implementing the SNAP program in 
the Federal Register at 59 FR 13044 on March 18, 1994, EPA does not 
believe that rulemaking procedures are necessary to list alternatives 
that are acceptable without restrictions because such listings neither 
impose any sanction nor prevent anyone from using a substitute.
    Many SNAP listings include ``Comments'' or ``Further Information'' 
to provide additional information on substitutes. Since this additional 
information is not part of the regulatory decision, these statements 
are not binding for use of the substitute under the SNAP program. 
However, regulatory requirements so listed are binding under other 
regulatory programs (e.g., worker protection regulations promulgated by 
the U.S. Occupational Safety and Health Administration (OSHA)). The 
``Further Information'' classification does not necessarily include all 
other legal obligations pertaining to the use of the substitute. While 
the items listed are not legally binding under the SNAP program, EPA 
encourages users of substitutes to apply all statements in the 
``Further Information'' column in their use of the substitute. In many 
instances, the information simply refers to sound operating practices 
that have already been identified in existing industry and/or building 
codes and standards. Thus, many of the comments, if adopted, would not 
require the affected user to make significant changes in existing 
operating practices.
    For copies of the comprehensive SNAP lists of substitutes or 
additional information on SNAP, refer to EPA's Ozone Layer Protection 
Web site at www.epa.gov/ozone/snap/index.html. For more information on 
the Agency's process for administering the SNAP program or criteria for 
evaluation of substitutes, refer to the SNAP final rulemaking in the 
Federal Register at 59 FR 13044 on March 18, 1994, codified at 40 CFR 
part 82, subpart G. A complete chronology of SNAP decisions and the 
appropriate citations are found at http://www.epa.gov/ozone/snap/chron.html.

II. Listing Decision: Fire Suppression and Explosion Protection 
Streaming

    Application: C7 Fluoroketone--Acceptable Subject to Narrowed Use 
Limits
EPA's decision: EPA finds C7 Fluoroketone acceptable subject to 
narrowed use limits as a substitute for halon 1211 for use as a 
streaming agent. The narrowed use limits require that C7 Fluoroketone 
be used only in nonresidential applications.
    C7 Fluoroketone is also known as C7 FK or FK-6-1-14. This 
substitute is a blend of two isomers, 3-pentanone,1,1,1,2,4,5,5,5-
octafluoro-2,4-bis(trifluoromethyl) (Chemical Abstracts Service 
Registry Number [CAS Reg. No.] 813-44-5) and 3-
hexanone,1,1,1,2,4,4,5,5,6,6,6-undecafluoro-2-(trifluoromethyl) (CAS 
Reg. No. 813-45-6). You may find the submission under docket EPA-HQ-
OAR-2011-0111 at 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 volatile organic 
compound (VOC) under the CAA (40 CFR 51.100(s)). VOC emissions from the 
production of portable extinguishers charged with C7 Fluoroketone are 
controlled through standard industry practices, and as such, emissions 
from manufacture of units are likely to be minimal. An assessment was 
performed to compare the annual VOC emissions from use of C7 
Fluoroketone in portable extinguishers in one year to other 
anthropogenic sources of VOC emissions. This assessment is available in 
docket EPA-HQ-OAR-2011-0111 under the name, ``Risk Screen on

[[Page 25000]]

Substitute for Halon 1211 as a Streaming Agent in Portable Fire 
Extinguishers Substitute: C7 Fluoroketone.'' This assessment finds that 
even if the entire portion for streaming agent applications of the 
allowable quantity of C7 FK produced by the submitter in one year was 
all released to the atmosphere (extremely unlikely), the resulting VOC 
emissions would be approximately equal to 3.0x10-2 percent 
of annual VOC emissions caused by fires,\4\ or only about 
1.1x10-3 percent of all annual anthropogenic VOC 
emissions.\5\ The environmental impacts of these VOCs are not 
considered a significant risk to local air quality.
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    \4\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data for residential wood burning and agricultural 
field burning (EPA 2008 and EPA 2011) and ICF assumptions.
    \5\ Based on 2010 projections calculated using 2008 EPA annual 
VOC emissions data (EPA 2009) and ICF assumptions.
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    Toxicity and exposure data: Inhalation of C7 Fluoroketone could 
cause respiratory tract irritation and symptoms may include cough, 
sneezing, nasal discharge, headache, hoarseness, and nose and throat 
pain. Contact with the eyes and/or skin during product use is not 
expected to result in significant irritation. Ingestion of C7 
Fluoroketone is not expected to cause health effects, and there is no 
anticipated need for first aid if C7 Fluoroketone is ingested. The 
potential health effects of C7 Fluoroketone can be minimized by 
following the exposure guidelines and recommendations for ventilation 
and personal protective equipment (PPE) outlined in the Material Safety 
Data Sheet (MSDS) and discussed further below.
    EPA evaluated occupational and general population exposure at 
manufacture and at end use to ensure that the use of C7 Fluoroketone 
will not pose unacceptable risks to workers or the general public. This 
risk screen is available in docket EPA-HQ-OAR-2011-0111 under the name, 
``Risk Screen on Substitute for Halon 1211 as a Streaming Agent in 
Portable Fire Extinguishers Substitute: C7 Fluoroketone.''
    EPA is providing the following additional information regarding use 
of C7 Fluoroketone as a streaming agent in nonresidential applications. 
Appropriate protective measures should be taken and proper training 
administered for the manufacture, clean-up and disposal of this 
product. For this new chemical, the manufacturer developed an 
acceptable exposure limit (AEL) for the workplace set at a level 
believed to protect from chronic adverse health effects those workers 
who are regularly exposed, such as in the manufacturing or filling 
processes. EPA reviewed the submitter's supporting data and accepts the 
manufacturer's AEL for C7 Fluoroketone of 225 ppm over an 8-hour time-
weighted average.\6\ EPA recommends the following for establishments 
filling canisters to be used in streaming applications:
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    \6\ ``Determination of an AEL for C7 Fluoroketone (C7 FK),'' 
Appendix A to Risk Screen on Substitute for Halon 1211 as a 
Streaming Agent in Portable Fire Extinguishers Substitute: C7 
Fluoroketone. Available in docket EPA-HQ-OAR-2011-0111.

--adequate ventilation should be in place;
--all spills should be cleaned up immediately in accordance with good 
industrial hygiene practices; and
--training for safe handling procedures should be provided to all 
employees that would be likely to handle the containers of the agent or 
extinguishing units filled with the agent.
EPA anticipates that C7 Fluoroketone will be used consistent with the 
recommendations specified in the manufacturer's MSDS.

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

III. Response to Public Comment

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

[[Page 25001]]

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

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

V. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and it is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statutes unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impact of today's rule on small 
entities, small entities are defined as (1) a small business that 
produces or uses fire suppressants such as total flooding and/or 
streaming agents as defined by the Small Business Administration's 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule will not impose any requirements on small entities beyond current 
industry practices. Today's action effectively supports the 
introduction of a new alternative to the market for fire protection 
extinguishing systems, thus providing additional options for users 
making the transition away from ozone-depleting halons.
    Use of halon 1301 total flooding systems and halon 1211 streaming 
agents have historically been in specialty fire protection applications 
including essential electronics, civil aviation, military mobile weapon 
systems, oil and gas and other process industries, and merchant 
shipping with smaller segments of use including libraries, museums, and 
laboratories. The majority of halon system and equipment owners 
continue to maintain and refurbish existing systems since halon 
supplies continue to be available in the U.S. Owners of new facilities 
make up the market for the new alternative agent systems and may also 
consider employing other available fire protection options including 
new, improved technology for early warning and smoke detection. Thus, 
EPA is providing more options to any entity, including small entities, 
by finding substitutes acceptable for use. The narrowed use limit 
imposed on the substitute in today's rule is consistent with the 
application suggested by the submitter and with current industry 
practices. Therefore, we conclude that the rule does not impose any new 
cost on businesses.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. By finding a 
new substitute acceptable, today's rule gives additional flexibility to 
small entities that are concerned with fire suppression. EPA also has 
worked closely together with the NFPA, which conducts regular outreach 
with small entities and involves small state, local, and tribal 
governments in developing and implementing relevant fire protection 
standards and codes.

D. Unfunded Mandates Reform Act

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

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial

[[Page 25002]]

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

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

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It does not 
significantly or uniquely affect the communities of Indian tribal 
governments because this regulation applies directly to facilities that 
use this substance and not to tribal or governmental entities. Thus, 
Executive Order 13175 does not apply to this action.

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

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

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

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

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. EPA defers to 
existing NFPA voluntary consensus standards and Occupational Safety and 
Health Administration (OSHA) regulations that relate to the safe use of 
halon substitutes reviewed under SNAP. EPA has worked in consultation 
with OSHA to encourage development of technical standards to be adopted 
by voluntary consensus standards bodies. EPA refers users to the latest 
edition of NFPA 10 Standard for Portable Fire Extinguishers. A copy of 
this standard may be obtained by calling the NFPA's telephone number 
for ordering publications at 1-800-344-3555.

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

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

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective May 29, 2013.

List of Subjects in 40 CFR Part 82

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

    Dated: April 18, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons set out in the preamble, 40 CFR part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

Subpart G--Significant New Alternatives Policy Program

0
2. Subpart G of part 82 is amended by adding appendix T to read as 
follows:

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

[[Page 25003]]



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


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