Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58035 

EPA-APPROVED ALBUQUERQUE/BERNALILLO COUNTY, NM REGULATIONS—Continued 

State citation Title/subject 

State 

approval/ 

effective date 

EPA Approval date Explanation 

*******

Part 61 (20.11.61 

NMAC).

Prevention of Significant Deterioration .. 1/10/2011 8/19/2012, [Insert FR page number 

where document begins].

*******

(e) * * * 

* * * * * 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP 

Name of SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Infrastructure and Interstate 

Transport regarding noninterference with other states’ programs for PSD for the 1997 and 

2008 Ozone and the 1997 and 

2006 PM2.5 NAAQS.

Bernalillo County 8/16/2010 8/19/2012, [Insert FR page number where document begins].Approval for 110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

■ 3. Amend § 52.1634 by revising 

paragraph (c) to read as follows: 

§ 52.1634 Significant deterioration of air 

quality. 

* * * * * 

(c) The plan submitted by the 

Governor in paragraph (a) of this section 

for Prevention of Significant 

Deterioration is not applicable to 

Bernalillo County. Therefore, the 

following plan described below is 

applicable to sources located within the 

boundaries of Bernalillo County 

(including the City of Albuquerque). 

This plan, submitted by the Governor of 

New Mexico on April 14, 1989, August 

7, 1989, May 1, 1990, May 17, 1993, 

May 24, 2006, August 16, 2010, and 

December 15, 2010 and respectively 

adopted on March 8, 1989, July 12, 

1989, April 11, 1990, February 10, 1993, 

December 22, 2005, April 13, 2006, July 

28, 2010, and December 10, 2010, by the 

Albuquerque/Bernalillo County Air 

Quality Control Board, containing Part 

61—Prevention of Significant 

Deterioration is approved as meeting the 

requirements of part C of the Clean Air 

Act for the prevention of significant 

deterioration of air quality. 

[FR Doc. 2012–22975 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

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 OzoneDepleting Substances—Fire 

Suppression and Explosion Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to list substitutes for ozonedepleting 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: a-and-r-Docket@epa.gov. 

• 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 


srobinson on DSK4SPTVN1PROD with RULES
58036 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

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: maranion.bella@epa.gov. 

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 ozonedepleting 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®) 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

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. 

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. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58037 

1As 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. 

2As 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. 

3The SNAP regulations also include ‘‘pending,’’ 

referring to submissions for which EPA has not 

reached a determination, under this provision. 

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®)—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 airconditioning; foam blowing; solvents 

cleaning; fire suppression and explosion 

protection; sterilants; aerosols; 

adhesives, coatings and inks; and 

tobacco expansion. These sectors 

comprise the principal industrial sectors 

that historically consumed the largest 

volumes of ODS. 

Section 612 of the CAA requires EPA 

to list as acceptable those substitutes 

that do not present a significantly 

greater risk to human health and the 

environment as compared with other 

substitutes that are currently or 

potentially available. 

Under the SNAP regulations, anyone 

who plans to market or produce a 

substitute to replace a class I substance 

or class II substance in one of the eight 

major industrial use sectors must 

provide notice to the Agency, including 

health and safety information on the 

substitute at least 90 days before 

introducing it into interstate commerce 

for significant new use as an alternative. 

40 CFR 82.176(a). This requirement 

applies to the persons planning to 

introduce the substitute into interstate 

commerce,1 which typically are 

chemical manufacturers but may 

include importers, formulators, or endusers when they are responsible for 

introducing a substitute into 

commerce.2 The 90-day SNAP review 

process begins once EPA receives the 

submission and determines that the 

submission includes complete and 

adequate data (40 CFR 82.180(a)). As 

required by the CAA, the SNAP 

regulations, 40 CFR 82.174(a), prohibit 

the introduction of a substitute into 

interstate commerce earlier than 90 days 

after notice has been provided to the 

Agency. 

The Agency has identified four 

possible decision categories for 

substitutes that are submitted for 

evaluation: acceptable; acceptable 

subject to use conditions; acceptable 

subject to narrowed use limits; and 

unacceptable 3 (40 CFR 82.180(b)). Use 

conditions and narrowed use limits are 

both considered ‘‘use restrictions’’ and 

are explained below. Substitutes that are 

deemed acceptable with no use 


srobinson on DSK4SPTVN1PROD with RULES
58038 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

restrictions (no use conditions or 

narrowed use limits) can be used for all 

applications within the relevant enduses within the sector. Substitutes that 

are acceptable subject to use restrictions 

may be used only in accordance with 

those restrictions. 

After reviewing a substitute, the 

Agency may determine that a substitute 

is acceptable only if certain conditions 

in the way that the substitute is used are 

met to minimize risks to human health 

and the environment. EPA describes 

such substitutes as ‘‘acceptable subject 

to use conditions.’’ Entities that use 

these substitutes without meeting the 

associated use conditions are in 

violation of EPA’s SNAP regulations. 40 

CFR 82.174(c). 

For some substitutes, the Agency may 

permit a narrow range of use within an 

end-use or sector. For example, the 

Agency may limit the use of a substitute 

to certain end-uses or specific 

applications within an industry sector. 

EPA describes these substitutes as 

‘‘acceptable subject to narrowed use 

limits.’’ A person using a substitute that 

is acceptable subject to narrowed use 

limits in applications and end-uses that 

are not consistent with the narrowed 

use limit is using the substitute in an 

unacceptable manner and is in violation 

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®)—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®. 

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®).’’ 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. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58039 

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. 

5Maximum total production per year at market 

saturation figure is based on DSPA SNAP 

submission. 

—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 cleanup 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. 

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 preactivation constituents of Powdered 

Aerosol G are solids before use and 

therefore have zero ODP and zero GWP. 

Further, the ODP of each of the postactivation constituents of Powdered 

Aerosol G is zero, and the GWPs of postactivation 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 year5 were to be used 


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58040 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

6Based 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. 

7Based on 2010 projections calculated using 2008 

EPA annual VOC emissions data (EPA 2009) and 

ICF assumptions. 8 IPCC, 2007. 

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. 

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 cleanup 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 


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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58041 

9Based 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. 

10Based on 2010 projections calculated using 

2008 EPA annual VOC emissions data (EPA 2009) 

and ICF assumptions. 

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. 

the end use listed above when used in 

accordance with the use condition. 

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 × 

10¥2 percent of annual VOC emissions 

caused by fires,9 or only about 1.1 × 

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. 

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: 

—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 


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58042 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

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. 


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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 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 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

Subpart G—Significant New 

Alternatives Policy Program 

■ 2. Subpart G of part 82 is amended by 

adding Appendix 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. 


srobinson on DSK4SPTVN1PROD with RULES
58044 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 

FIRE SUPPRESSION AND EXPLOSION PROTECTION SECTOR—ACCEPTABLE SUBJECT TO USE CONDITIONS

End-Use Substitute Decision Conditions Further information 

Total Flooding ........ Powdered Aerosol 

F (KSA®) as a 

substitute for 

Halon 1301.

Acceptable subject 

to use conditions.

For use only in 

normally unoccupied areas.

Use of this agent should be in accordance with the safety 

guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems. 

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 wellventilated, 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 Aerosol 

G (Dry Sprinkler 

Powdered Aerosol (DSPA) 

Fixed Generators) as a substitute for Halon 

1301.

Acceptable subject 

to use conditions.

For use only in 

normally unoccupied areas.

Use of this agent should be in accordance with the safety 

guidelines in the latest edition of the NFPA 2010 standard for Aerosol Extinguishing Systems. 

For establishments filling, installing, servicing, using 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. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Rules and Regulations 58045 

FIRE SUPPRESSION AND EXPLOSION PROTECTION SECTOR—ACCEPTABLE SUBJECT TO NARROWED USE LIMITS

End-Use Substitute Decision Conditions Further information 

Streaming .................. C7 Fluoroketone as a 

substitute for Halon 

1211.

Acceptable subject to 

narrowed use limits.

For use only in nonresidential applications.Use of this agent should be in accordance with the latest edition of 

NFPA Standard 10 for Portable Fire Extinguishers. 

For operations that fill canisters to be used in streaming applications, EPA recommends the following: 

—Adequate ventilation should be in place; 

—All spills should be cleaned up immediately in accordance with 

good industrial hygiene practices; and 

—Training for safe handling procedures should be provided to all 

employees that would be likely to handle containers of the agent 

or extinguishing units filled with the agent. 

See additional comments 1, 2, 3, 4. 

Additional comments: 

1—Should conform to relevant OSHA requirements, including 29 CFR 1910, Subpart L, Sections 1910.160 and 1910.162. 

2—Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 

3—The agent should be recovered from the fire protection system in conjunction with testing or servicing, and recycled for later use or destroyed. 

4—EPA has no intention of duplicating or displacing OSHA coverage related to the use of personal protective equipment (e.g., respiratory protection), fire protection, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. 

[FR Doc. 2012–23138 Filed 9–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0569; FRL–9361–5] 

Clopyralid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of clopyralid in 

or on multiple commodities which are 

identified and discussed later in this 

document. This regulation additionally 

removes several established individual 

tolerances, as they will be superseded 

by inclusion in subgroup tolerances. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

September 19, 2012. Objections and 

requests for hearings must be received 

on or before November 19, 2012, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0569, is 

available at http://www.regulations.gov 

or at the OPP Docket in the 

Environmental Protection Agency 

Docket Center (EPA/DC), located in EPA 

West, Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; email address: 

Nollen.Laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2011–0569 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 19, 2012. Addresses 

for mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0569, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 


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