24992 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

compound (VOC) rules for approval into 

the Ohio State Implementation Plan. 

These rules include the source 

categories covered by the Control 

Technique Guideline (CTG) documents 

issued in 2008, as well as several other 

miscellaneous rule revisions. 

(i) Incorporation by reference. 

(A) Ohio Administrative Code Rule 

3745–21–01 ‘‘Definitions.’’, effective 

May 12, 2011. 

(B) Ohio Administrative Code Rule 

3745–21–09 ‘‘Control of emissions of 

volatile organic compounds from 

stationary sources and 

perchloroethylene from dry cleaning 

facilities.’’, effective May 12, 2011, 

except for paragraph (U)(1)(h). 

(C) Ohio Administrative Code Rule 

3745–21–21 ‘‘Storage of volatile organic 

liquids in fixed roof tanks and external 

floating roof tanks.’’, effective May 12, 

2011. 

(D) Ohio Administrative Code Rule 

3745–21–23 ‘‘Control of volatile organic 

compound emissions from industrial 

solvent cleaning operations.’’, effective 

May 12, 2011. 

(E) Ohio Administrative Code Rule 

3745–21–24 ‘‘Flat wood paneling 

coatings.’’, effective May 12, 2011. 

(F) Ohio Administrative Code Rule 

3745–21–27 ‘‘Boat manufacturing.’’, 

effective May 12, 2011. 

(G) Ohio Administrative Code Rule 

3745–21–28 ‘‘Miscellaneous industrial 

adhesives and sealants’’, effective May 

12, 2011. 

(H) Ohio Administrative Code Rule 

3745–21–29 ‘‘Control of volatile organic 

compound emissions from automobile 

and light-duty truck assembly coating 

operations, heavier vehicle assembly 

coating operations, and cleaning 

operations associated with these coating 

operations.’’, effective May 12, 2011. 

(I) Ohio Administrative Code Rule 

3745–72–02 ‘‘Definitions.’’, effective 

May 12, 2011. 

(J) Ohio Administrative Code Rule 

3745–72–05 ‘‘Liability.’’, effective May 

12, 2011. 

(K) Ohio Administrative Code Rule 

3745–72–06 ‘‘Defenses.’’, effective May 

12, 2011. 

(L) May 2, 2011, ‘‘Director’s Final 

Findings and Orders,’’ signed by Scott J. 

Nally, Director, Ohio Environmental 

Protection Agency. 

[FR Doc. 2013–08691 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0965; FRL–9806–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Volatile Organic 

Compounds Emissions Reductions 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia. 

This SIP revision consists of 

amendments to Chapters 1 and 7 of Title 

20 (Environment) of the District of 

Columbia Municipal Regulations 

(DCMR) for the Control of Volatile 

Organic Compounds (VOC) to meet the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources as recommended by the Ozone 

Transport Commission (OTC) model 

rules and EPA’s Control Techniques 

Guidelines (CTG) standards. This SIP 

revision also includes negative 

declarations for various VOC source 

categories. EPA is approving the 

regulation changes and the negative 

declarations in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

May 29, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0965. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the District of Columbia. 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On February 11, 2013 (78 FR 9648), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. The NPR proposed approval 

of amendments to Chapters 1 and 7 of 

Title 20 (Environment) of the DCMR for 

the control of VOCs to meet the 

requirement to adopt RACT and 

negative declarations for various VOC 

source categories. The formal SIP 

revision was submitted by the District of 

Columbia on January 26, 2010, March 

24, 2011, and March 15, 2012. The SIP 

revision amends the District’s 

regulations to impose the VOC RACT 

requirements as recommended by OTC’s 

model rules for consumer products, 

adhesives and sealants, architectural 

and industrial maintenance, portable 

fuel containers and spouts, and solvent 

cleaning and also include VOC RACT 

requirements consistent with EPA’s 

CTGs for flexible packaging and 

printing, large appliance coatings, metal 

furniture coatings, and miscellaneous 

metal products and plastic parts 

coatings, lithographic and letterpress 

printing, miscellaneous industrial 

adhesives, and industrial cleaning 

solvents. The SIP revision also consists 

of negative declarations for the 

following VOC source categories: Auto 

and Light-duty Truck Assembly 

Coatings; Fiberglass Boat Manufacturing 

Materials; Paper, Film and Foil 

Coatings; and Flatwood Paneling. EPA 

received no adverse comments on the 

NPR to approve the District of 

Columbia’s SIP revision. A more 

complete explanation of the 

amendments and the rationale for EPA’s 

proposed action is explained in the 

technical support document and the 

NPR in support of this final rulemaking 

and will not be restated here. 

II. Final Action 

EPA is approving the District of 

Columbia’s SIP revisions adopting VOC 

RACT requirements for various source 

categories. EPA is also approving the 

District’s negative declarations pursuant 

to section 182(b)(2)(A) of the CAA for 

those CTG categories where no sources 

are located in the District. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24993 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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 action 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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 28, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action approving the District’s 

amendments to regulations for the 

control of VOCs and negative 

declarations for various VOC source 

categories may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Volatile organic compounds. 

Dated: April 16, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart J—District of Columbia 

■ 2. In § 52.470, 

■ a. The table in paragraph (c) is 

amended by: 

■ i. Revising the entry for Section 100. 

■ ii. Revising the entry for Section 199. 

■ iii. Revising the entry for Section 700. 

■ iv. Removing the entries for Sections 

707 and 708. 

■ v. Revising the entry for Section 710. 

■ vi. Adding an entry for Section 714 in 

numerical order. 

■ vii. Revising the entries for Sections 

715, 716, and 719 through 737. 

■ viii. Removing the entries for Sections 

738, 739, 740, 741, and 742. 

■ ix. Revising the entries for Sections 

743 through 749. 

■ x. Removing the entry for Section 750. 

■ xi. Revising the entries for Sections 

751 through 754. 

■ xii. Adding entries for Sections 755 

through 758, 763 through 771, and 773 

through 778 in numerical order. 

■ xiii. Revising the entry for Section 

799. 

■ b. The table in paragraph (e) is 

amended by revising the entry for 

Negative Declarations—VOC Source 

Categories. 

The added and revised text reads as 

follows: 

§ 52.470 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Additional explanation 

District of Columbia Municipal Regulations (DCMR), Title 20—Environment 

Chapter 1 General 

Section 100 .................................. Purpose, Scope and Construction 12/30/11 4/29/13 [Insert page number where the document 

begins].

Paragraph 100.4 is revised. 


emcdonald on DSK67QTVN1PROD with RULES
24994 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

*******

Section 199 .................................. Definitions and Abbreviations ...... 12/30/11 4/29/13 [Insert page number where the document 

begins].

Removes the following 

definitions and terms: 

‘‘Control technique 

guideline,’’ ‘‘Cylinderwipe,’’ ‘‘Gravure,’’ 

‘‘Heatset,’’ ‘‘Inking cylinder,’’ ‘‘Intaglio,’’ ‘‘Letterpress,’’ ‘‘Letterset,’’ 

‘‘Offset printing process,’’ ‘‘Paper-wipe,’’ 

‘‘Photochemically reactive solvent,’’ ‘‘Plate,’’ 

‘‘Printing,’’ ‘‘Printing operation,’’ ‘‘Printing unit,’’ 

‘‘Water-based solvent,’’ 

and ‘‘Wipe cleaning.’’ 

Repeals ‘‘Volatile organic compounds’’ and 

replaced it with a new 

definition for VOCs. 

* * * * * * * 

Chapter 7 Volatile Organic Compounds 

Section 700 .................................. Miscellaneous Volatile Organic 

Compounds.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title changed. 

* * * * * * * 

Section 710 .................................. Intaglio, Flexographic, and Rotogravure Printing.12/30/11 4/29/13 [Insert page number where the document 

begins].

* * * * * * * 

Section 714 .................................. Control Techniques Guidelines ... 12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 715 .................................. Major Source and Case-By-Case 

Reasonably Available Control 

Technology (RACT).

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 716 .................................. Offset Lithography and Letterpress Printing.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

* * * * * * * 

Section 719 .................................. Consumer Products—General 

Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 720 .................................. Consumer Products—VOC 

Standards.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 721 .................................. Consumer Products—Exemptions 

from VOC Standards.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 722 .................................. Consumer Products—Registered 

Under FIFRA.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 723 .................................. Consumer Products—Products 

Requiring Dilution.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 724 .................................. Consumer Products—Ozone Depleting Compounds.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 725 .................................. Consumer Products—Aerosol 

Adhesives.

12/30/11 4/29/13 [Insert page number where the document 

begins].


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24995 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

Section 726 .................................. Consumer Products—Antiperspirants Or Deodorants.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section 727 .................................. Consumer Products—Contact 

Adhesives, Electronic Cleaners, Footwear And Leather 

Care Products, And General 

Purpose Degreasers.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 728 .................................. Consumer Products—Adhesive 

Removers, Electrical Cleaners, 

And Graffiti Removers.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 729 .................................. Consumer Products—Solid Air 

Fresheners And Toilet/Urinal 

Care Products.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 730 .................................. Consumer Products—Charcoal 

Lighter Materials.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 731 .................................. Consumer Products—Floor Wax 

Strippers.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 732 .................................. Consumer Products—Labeling Of 

Contents.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 733 .................................. Consumer Products—Reporting 

Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 734 .................................. Consumer Products—Test Methods.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 735 .................................. Consumer Products—Alternative 

Control Plans.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 736 .................................. Consumer Products—Innovative 

Products Exemption.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 737 .................................. Consumer Products—Variance 

Requests.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 743 .................................. Adhesives and Sealants—General Requirements.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 744 .................................. Adhesives and Sealants—VOC 

Standards.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 745 .................................. Adhesives and Sealants—Exemptions and Exceptions.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 746 .................................. Adhesives and Sealants—Administrative Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 747 .................................. Adhesives and Sealants—Compliance Procedures and Test 

Methods.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 748 .................................. Adhesives and Sealants—Container Labeling.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 749 .................................. Adhesives and Sealants—Application Methods.12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 751 .................................. Portable Fuel Containers and 

Spouts—General Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 752 .................................. Portable Fuel Containers and 

Spouts—Performance Standards and Test Procedures.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 753 .................................. Portable Fuel Containers and 

Spouts—Exemptions.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 

Section 754 .................................. Portable Fuel Containers and 

Spouts—Labeling Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Title Changed. 


emcdonald on DSK67QTVN1PROD with RULES
24996 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

EPA-APPROVED DISTRICT OF COLUMBIA REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Additional explanation 

Section 755 .................................. Portable Fuel Containers and 

Spouts—Certification and 

Compliance Test Procedures.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 756 .................................. Portable Fuel Containers and 

Spouts—Enforcement.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 757 .................................. Portable Fuel Containers and 

Spouts—Innovative Product 

Exemption.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 758 .................................. Portable Fuel Containers and 

Spouts—Variance.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 763 .................................. Solvent Cleaning—General Requirements.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 764 .................................. Solvent Cleaning—Cold Cleaning 12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 765 .................................. Solvent Cleaning—Batch Vapor 

Cleaning.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 766 .................................. Solvent Cleaning—In-Line Vapor 

Cleaning.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 767 .................................. Solvent Cleaning—Airless and 

Air-Tight Cleaning.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 768 .................................. Solvent Cleaning—Alternative 

Compliance.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 769 .................................. Solvent Cleaning—Recordkeeping and Monitoring.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 770 .................................. Miscellaneous Industrial Solvent 

Cleaning Operations.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 771 .................................. Miscellaneous Cleaning and VOC 

Materials Handling Standards.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 773 .................................. Architectural and Industrial Maintenance Coating—General Requirements.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 774 .................................. Architectural and Industrial Maintenance Coating—Standards.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 775 .................................. Architectural and Industrial Maintenance Coating—Exemptions.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 776 .................................. Architectural and Industrial Maintenance Coating—Labeling Requirements.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 777 .................................. Architectural and Industrial Maintenance Coating—Reporting 

Requirements.

12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 778 .................................. Architectural and Industrial Maintenance Coating—Testing Requirements.12/30/11 4/29/13 [Insert page number where the document 

begins].

Section Added. 

Section 799 .................................. Definitions .................................... 12/30/11 4/29/13 [Insert page number where the document 

begins].

Revised to update the 

definitions, terms, and 

the section title. 

*******

* * * * * (e) * * * 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24997 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Negative Declarations—VOC 

Source Categories.

Metropolitan Washington 

ozone nonattainment area.

4/8/93, 9/4/97 10/27/99, 64 FR 57777 ........ 52.478(a), 52.478(b). 

Negative Declarations—VOC 

Source Categories.

Metropolitan Washington 

ozone nonattainment area.

1/26/10, 3/24/11 4/29/13 [Insert Federal 

Register page number 

where the document begins and date].

52.478(c). 

*******

■ 3. Section 52.478 is amended by 

adding paragraph (c) to read as follows: 

§ 52.478 Rules and regulations. 

* * * * * 

(c) On March 24, 2011, the District of 

Columbia submitted a letter to EPA 

declaring that there are no sources 

located in the District which belong to 

the following VOC categories: 

(1) Auto and Light-duty Truck 

Assembly Coatings; 

(2) Fiberglass Boat Manufacturing 

Materials; 

(3) Paper, Film and Foil Coatings; 

(4) Flatwood Paneling. 

[FR Doc. 2013–09937 Filed 4–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2011–0111; FRL–9800–9] 

RIN–2060–AQ84 

Protection of Stratospheric Ozone: 

Listing of Substitutes for OzoneDepleting Substances—Fire 

Suppression and Explosion Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to the U.S. 

Environmental Protection Agency’s 

Significant New Alternatives Policy 

program, this action lists C7 

Fluoroketone as an acceptable 

substitute, subject to narrowed use 

limits, for ozone-depleting substances 

used as streaming agents in the fire 

suppression and explosion protection 

sector. The program implements Section 

612 of the Clean Air Act, as amended in 

1990, which requires the Agency to 

evaluate substitutes and find them 

acceptable where they pose comparable 

or lower overall risk to human health 

and the environment than other 

available substitutes. 

DATES: This rule is effective on May 29, 

2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0111. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Bella Maranion, Stratospheric 

Protection Division, Office of 

Atmospheric Programs (6205J), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

343–9749; fax number: (202) 343–2363; 

email address: maranion.bella@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

regulations implementing the 

Significant New Alternatives Policy 

(SNAP) program are codified at 40 CFR 

part 82, subpart G. The appendices to 

subpart G list substitutes for ozonedepleting substances (ODSs) for specific 

end uses as unacceptable or as 

acceptable with certain restrictions 

imposed on their use. In addition, a list 

of acceptable substitutes without 

restrictions is available at 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

Category NAICS Code Description of regulated entities 

Construction .............................................. 238210 Alarm system (e.g., fire, burglar), electric, installation only. 

Manufacturing ........................................... 325998 Fire extinguisher chemical preparations manufacturing. 


emcdonald on DSK67QTVN1PROD with RULES