[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Proposed Rules]
[Pages 58081-58084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23136]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2011-011; FRL-9729-4]
RIN-2060-AQ84
Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances--Fire Suppression and Explosion Protection
AGENCY: Environmental Protection Agency.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
list three substitutes for ozone-depleting substances in the fire
suppression and explosion protection sector as acceptable subject to
use restrictions under the EPA's Significant New Alternatives Policy
(SNAP) 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. In the ``Rules and Regulations''
section of this Federal Register, we are listing three fire suppression
substitutes as acceptable subject to use restrictions as a direct final
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule; in such case,
the final rule will become effective as provided in the accompanying
direct final rule.
DATES: Comments must be received in writing or a request for a public
hearing must be made as provided below by October 19, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0111, by mail to the following: ``OAR Docket and Information
Center, Environmental Protection Agency, Mailcode 6102T, 1200
Pennsylvania Ave. NW., Washington, DC 20460.'' Comments may also be
submitted electronically or through hand delivery/courier by following
the detailed instructions in the ADDRESSES section of the direct final
rule located in the rules section of this Federal Register. 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.
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. The published
versions of notices and rulemakings under the SNAP program are
available on EPA's Stratospheric Ozone Web site at http://www.epa.gov/ozone/snap/regs.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
This document proposes to list under SNAP certain substitutes for
ozone-depleting substances for use in fire suppression applications. We
have published a direct final rule listing three substitutes for ozone-
depleting halons used in the fire suppression and explosion protection
sector as acceptable subject to use restrictions in the ``Rules and
Regulations'' section of this Federal Register because we view this as
a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
II. Does this action apply to me?
This proposed rule would regulate the use of Powdered Aerosol F
(KSA[supreg]) and Powdered Aerosol G (Dry Sprinkler Powdered Aerosol
(DSPA) Fixed Generators) by finding them acceptable subject to use
conditions as substitutes for halon 1301 for use in total flooding fire
suppression systems in normally unoccupied spaces. This action also
proposes to find C7 Fluoroketone acceptable subject narrowed use limits
as a substitute for halon 1211 for use as a streaming agent in portable
fire extinguishers in nonresidential
[[Page 58082]]
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
options for alternatives to the use of halons. Businesses that may be
regulated, either through manufacturing, distribution, installation and
servicing, or use of the fire suppression equipment containing the
substitutes are listed in the table below:
Table 1--Potentially Regulated Entities, by North American Industrial
Classification System (NAICS) Code
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Description of regulated
Category NAICS Code entities
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Construction..................... 238210 Alarm system (e.g.,
fire, burglar),
electric, installation
only.
Manufacturing.................... 325998 Fire extinguisher
chemical preparations
manufacturing.
Manufacturing.................... 332919 Nozzles, fire fighting,
manufacturing.
Manufacturing.................... 334290 Fire detection and alarm
systems manufacturing.
Manufacturing.................... 336611 Shipbuilding and
repairing.
Manufacturing.................... 339999 Fire extinguishers,
portable,
manufacturing.
Manufacturing.................... 336411 Aircraft manufacturing.
Manufacturing.................... 336413 Other aircraft parts and
auxiliary equipment
manufacturing.
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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.
III. What are the procedures for notice and comment on this rule?
The direct final rule will be effective on December 18, 2012
without further notice unless we receive adverse comment or a request
for a public hearing by October 19, 2012. 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 all or
part of this 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. EPA will address all public comments in a
subsequent final rule based on this proposed rule. We will not
institute a second public comment period on this action. Any parties
interested in commenting must do so at this time.
You may claim that information in your comments is confidential
business information, as allowed by 40 CFR part 2. If you submit
comments and include information that you claim as confidential
business information, we request that you submit them directly to Bella
Maranion in two versions: one clearly marked ``Public'' to be filed in
the public docket, and the other marked ``Confidential'' to be reviewed
by authorized government personnel only. For further information,
please see the ADDRESSES section of this document.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866
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 proposed rule is an Agency determination. It contains no new
requirements for reporting or recordkeeping. 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 and 48 CFR Chapter 15.C.
C. Regulatory Flexibility Act (RFA)
The 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 proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities beyond
current industry practices. Today's action effectively supports the
introduction of 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 as a
streaming agent 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
extinguisher owners continue to maintain and refurbish existing systems
and equipment since halon supplies continue to be available in the U.S.
Owners of new facilities and purchasers of new fire suppression
equipment make up the market for the new alternative agent systems and
[[Page 58083]]
equipment. They 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 additional substitutes acceptable
for use. The use restrictions imposed on the substitutes in today's
rule are consistent with the applications suggested by the submitter
and with current industry practices. Therefore, we conclude that the
rule does not impose any new cost on businesses.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless has
tried to reduce the impact of this rule on small entities. By
introducing new substitutes, today's rule gives additional flexibility
to small entities that are concerned with fire suppression. EPA also
has worked closely together with the 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. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.
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. By introducing new
fire suppression substitutes, today's rule provides an additional
choice and flexibility to entities that are concerned with specialized
fire protection applications. This proposed 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 proposed rule will provide
additional options for fire protection subject to safety guidelines in
industry standards. These standards are typically already required by
state or local fire codes, and this rule does not require state, local,
or tribal governments to change their regulations. Thus, Executive
Order 13132 does not apply to this 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. This proposed rule will provide additional
options for fire protection subject to safety guidelines in industry
standards. These standards are typically already required by state or
local fire codes, and this rule does not require tribal governments to
change their regulations. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
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
contained in section II of the associated direct final rule.
The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to Powdered
Aerosol F, Powdered Aerosol G (DSPA Fixed Generators), and C7
Fluoroketone.
H. Executive Order 13211 (Energy Effects)
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 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
as well as 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 and NFPA 10
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 as well as guidelines for portable
extinguishers, 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.
[[Page 58084]]
EPA has determined that this proposed 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 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.
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Reporting and recordkeeping requirements.
Dated: September 11, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-23136 Filed 9-18-12; 8:45 am]
BILLING CODE 6560-50-P