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Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 27, 2003 (Volume 68, Number 17)]
[Proposed Rules]
[Page 4012-4015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja03-34]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-7443-5]
RIN 2060-AG12
Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to list
three substitutes for ozone-depleting substances (ODSs) in the fire
suppression and explosion protection sector as acceptable (subject
either to narrowed use limits or use conditions) under the U.S.
Environmental Protection Agency's (EPA) Significant New Alternatives
Policy (SNAP) program. SNAP implements section 612 of the Clean Air
Act, as amended in 1990, which requires EPA to evaluate substitutes for
ODSs to reduce overall risk to human health and the environment.
Elsewhere in today's Federal Register, EPA is taking this action as
a direct final rule without prior proposal because EPA views this as a
noncontroversial revision and anticipates no adverse comments. A
rationale for this action is set forth in the preamble to the direct
final rule.
If we receive no adverse comments and no requests for public
hearings in response to this action, we will take no further activity
in relation to this rule. If EPA receives adverse comments or a request
for public hearing, we will withdraw the direct final rule and review
any comments in accordance with this proposal. If a public hearing is
requested, EPA will provide notice in the Federal Register as to the
location, date, and time. Any parties interested in commenting on this
action should do so at that this time.
DATES: Comments must be received in writing by February 26, 2003.
ADDRESSES: Public comments and data specific to this action should be
sent to Docket A-2002-08, U.S. Environmental Protection Agency, OAR
Docket and Information Center, 1200 Pennsylvania Avenue NW., Mailcode
6102T, Washington, DC 20460. The docket is physically located at 1301
Constitution Avenue NW., Room B108, Washington, DC. The docket may be
inspected between 8 a.m. and 5:30 p.m. on weekdays. Telephone (202)
566-1742; fax (202) 566-1741. As provided in 40 CFR part 2, a
reasonable fee may be charged for photocopying. 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. Information
designated as Confidential Business Information (CBI) under 40 CFR part
2, subpart 2, must be sent directly to the contact person for this
notice. However, the Agency is requesting that all respondents submit a
non-confidential version of their comments to the docket as well.
FOR FURTHER INFORMATION CONTACT: Bella Maranion at (202) 564-9749 or
fax (202) 565-2155, U.S. Environmental Protection Agency, Global
Programs Division, Mail Code 6205J, Washington, DC 20460. Overnight or
courier deliveries should be sent to the office location at 501 3rd
Street, NW., 4th floor, Washington, DC 20001. Also contact the
Stratospheric Protection Hotline at (800) 296-1996 and EPA's Ozone
Depletion World Wide Web site at http://www.epa.gov/ozone/snap/index.html.
SUPPLEMENTARY INFORMATION: See additional information, pertaining to
this action, provided in the Direct Final action of the same title
located in today's Federal Register.
I. EPA Proposal
EPA would add three fire suppression agents to the list of
acceptable substitutes, subject to narrowed use limits or use
conditions, for halons which are ozone-depleting substances widely used
in the fire protection sector. The regulations implementing the SNAP
program are codified at 40 CFR part 82, subpart G. The appendices to
subpart G list substitutes for ODSs that are unacceptable or that have
restrictions imposed on their use. Today's action would modify the
appendices to subpart G to include these new substitutes.
The direct final rule will be effective on March 28, 2003, without
further notice unless we receive adverse comment (or a request for a
public hearing) by February 26, 2003. If EPA receives adverse comment,
we will publish a timely withdrawal in the Federal Register informing
the public that this rule will not take effect. 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.
II. Administrative Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is significant and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines significant regulatory action as one that is
likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB notified EPA on
October 3, 2002, that it considers this a ``non-significant regulatory
action'' within the meaning of the Executive Order and, therefore, did
not require EPA to submit this action to OMB for review.
B. Paperwork Reduction Act
EPA has determined that this proposed rule contains no information
requirements subject to the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., that are not already approved by the Office of Management and
Budget (OMB). OMB has reviewed and approved two Information Collection
Requests (ICRs) by EPA which are described in the March 18, 1994
rulemaking (59 FR 13044, at 13121, 13146-13147) and in the October 16,
1996 rulemaking (61 FR 54030, at 54038-54039). These ICRs included five
types of respondent reporting and recordkeeping activities pursuant to
SNAP regulations: submission of a SNAP petition, filing a SNAP/TSCA
Addendum, notification for test
[[Page 4013]]
marketing activity, recordkeeping for substitutes acceptable subject to
narrowed use limits, and recordkeeping for small volume uses. The OMB
Control Numbers are 2060-0226 and 2060-0350.
Copies of the ICR document(s) may be obtained from Sandy Farmer, by
mail at the Office of Environmental Information, Collection Strategies
Division; U.S. Environmental Protection Agency (2822); 1200
Pennsylvania Ave., NW., Washington, DC 20460, by e-mail at
farmer.sandy@epa.gov, or by calling (202) 566-1676. A copy may also be
downloaded off the Internet at http://www.epa.gov/icr. Include the ICR
and/or OMB number in any correspondence.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
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 statute 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.
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this proposed rule. EPA has
also determined that this rule will not have a significant economic
impact on a substantial number of small entities. 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 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.
Use of halon 1211 as a streaming agent in portable extinguishers
has historically been in industrial and commercial applications with
limited residential uses. Residential users typically use lower cost
alternatives such as dry chemical and carbon dioxide hand-held
extinguishers. The newer chemical agents compete for specialized
segments of this market where lower cost alternatives such as dry
chemical and carbon dioxide extinguishers may not be an appropriate
option. With respect to EPA's decision on H Galen HOPES, EPA is finding
it acceptable as a streaming agent in nonresidential areas as requested
by the manufacturer. Moreover, the manufacturer of the new fire
suppressant, H Galen HOPES, has not yet sold it, so today's action does
not affect, in any way, current usage. The manufacturer of the new fire
suppressant streaming agent, C6-perfluoroketone, is selling it in the
non-residential market, so today's action does not affect, in any way,
current usage. EPA is providing additional options for any entity,
including small entities, to replace halon 1211 in streaming
applications.
Use of halon 1301 total flooding systems have historically been in
the protection of 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 1301 system owners
continue to maintain and refurbish existing systems since halon 1301
supplies continue to be available in the US. Owners of new facilities
make up the market for the new alternative agent systems that are
available and may also consider employing other available fire
protection options including new, improved technology for early warning
and smoke detection. The primary party intending to use HFC227-BC as a
total flooding agent is the U.S. Army, which is not a small entity. The
Army is currently testing this fire suppressant in its new armored
vehicles, so the regulatory restrictions imposed in today's rule will
not affect current use. Thus, EPA is providing more options to any
entity, including small entities, to use this substitute as a
replacement for halon 1301 in total flooding applications.
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 with the National Fire Protection Association, which
conducts regular outreach with, and involves small state, local, and
tribal governments in developing and implementing relevant fire
protection standards and codes.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector.
Under section 202 of the UMRA, EPA generally must prepare a written
statement, including a cost-benefit analysis, for proposed and final
rules with ``Federal mandates'' that may result in expenditures by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is needed,
section 205 of the UMRA generally requires EPA to identify and consider
a reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Section 204 of the UMRA requires the
Agency to develop a process to allow elected state, local, and tribal
government officials to provide input in the development of any
proposal containing a significant Federal intergovernmental mandate.
[[Page 4014]]
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. Because this rule imposes no
enforceable duty on any State, local or tribal government it is not
subject to the requirements of sections 202 and 205 of the UMRA. EPA
has also determined that this rule contains no regulatory requirements
that might significantly or uniquely affect small governments;
therefore, EPA is not required to develop a plan with regard to small
governments under section 203. Finally, because this rule does not
contain a significant intergovernmental mandate, the Agency is not
required to develop a process to obtain input from elected state,
local, and tribal officials under section 204.
E. Executive Order 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This proposed rule 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
addition 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 rule.
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. 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 rule.
G. Applicability of Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This proposed rule is not subject to the Executive Order because it
is not economically significant as defined in Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportionate risk to children. The acceptability listings in this
proposed rule primarily apply to the workplace, and thus, do not put
children at risk disproportionately. This rule is not subject to
Executive Order 13045 because it is not economically significant as
defined in Executive Order 12866 and because the Agency does not have
reason to believe the environmental health or safety risks addressed by
this action present a disproportionate risk to children.
H. Executive Order 13211 (Energy Effects)
This proposed rule is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. The rule allows
wider use of substitutes, providing greater flexibility for industry.
Further, we have concluded that this proposed rule is not likely to
have any adverse energy effects.
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, section12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in
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. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking involves technical standards. EPA defers to
existing National Fire Protection Association (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 references the NFPA 2001 Standard on Clean
Agent Fire Extinguishing Systems, 2000 edition, which provides for
exposure and safe use of halocarbon and inert gas
[[Page 4015]]
agents used to extinguish fires. Copies of this standard may be
obtained by calling the NFPA's order telephone number at 1-800-344-3555
and requesting order number S3-2003-00. In addition, EPA has worked
extensively in consultation with OSHA to encourage development of
technical standards to be adopted by voluntary consensus standards
bodies.
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Dated: January 17, 2003.
Christine Todd Whitman,
Administrator.
[FR Doc. 03-1624 Filed 1-24-03; 8:45 am]
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