99-3992. Protection of Stratospheric Ozone  

  • [Federal Register Volume 64, Number 32 (Thursday, February 18, 1999)]
    [Proposed Rules]
    [Pages 8038-8043]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-3992]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    
    40 CFR Part 82
    
    [FRL-6301-7]
    RIN 2060-AG12
    
    
    Protection of Stratospheric Ozone
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Notice of proposed rulemaking.
    
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    [[Page 8039]]
    
    SUMMARY: This action proposes to list as acceptable with restrictions 
    two substitutes for ozone depleting substances (ODSs) under the U.S. 
    Environmental Protection Agency's (EPA) Significant New Alternatives 
    Policy (SNAP) program. SNAP implements section 612 of the amended Clean 
    Air Act of 1990, which requires EPA to evaluate substitutes for the 
    ODSs to reduce overall risk to human health and the environment. 
    Through these evaluations, SNAP generates lists of acceptable and 
    unacceptable substitutes for each of the major industrial use sectors. 
    The intended effect of the SNAP program is to expedite movement away 
    from ozone depleting compounds while avoiding a shift into substitutes 
    posing other environmental problems.
        On March 18, 1994, EPA promulgated a final rulemaking setting forth 
    its plan for administering the SNAP program (59 FR 13044), and issued 
    decisions on the acceptability and unacceptability of a number of 
    substitutes. In this Notice of Proposed Rulemaking (NPRM), EPA is 
    issuing its preliminary decisions on the acceptability of halon 
    substitutes in the fire suppression and explosion protection sector 
    which have not previously been reviewed by the Agency. To arrive at 
    determinations on the acceptability of substitutes, the Agency 
    completed a cross-media evaluation of risks to human health and the 
    environment by sector end-use.
    
    DATES: Written comments or data provided in response to this document 
    must be submitted by April 19, 1999. A public hearing will be held if 
    requested in writing. If a public hearing is requested, EPA will 
    provide notice of the date, time and location of the hearing in a 
    subsequent Federal Register notice. For further information, please 
    contact the SNAP Coordinator at the address listed below under For 
    Further Information.
    
    ADDRESSES: Written comments and data should be sent to Docket A-91-42, 
    U.S. Environmental Protection Agency, OAR Docket and Information 
    Center, Room M-1500, 401 M Street, S.W., Washington, D.C. 20460. The 
    docket may be inspected between 8 a.m. and 5:30 p.m. on weekdays. 
    Telephone (202) 260-7548; fax (202) 260-4400. 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 Kelly Davis at 
    the address listed below under For Further Information. Information 
    designated as Confidential Business Information (CBI) under 40 CFR, 
    Part 2, Subpart B, 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: Kelly Davis at (202) 564-2303 or fax 
    (202) 565-2096, U.S. Environmental Protection Agency, Mail Code 6205-J, 
    401 M Street, SW, Washington, D.C. 20460. Overnight or courier 
    deliveries should be sent to our 501-3rd Street, NW, Washington, DC, 
    20001 location.
    
    SUPPLEMENTARY INFORMATION:
    
    Overview of This Action
    
        This action is divided into four sections:
    
    I. Section 612 Program
        A. Statutory Requirements
        B. Regulatory History
    II. Proposed Listing of Substitutes
    III. Administrative Requirements
        A. Executive Order 12866
        B. Unfunded Mandates Reform Act
        C. Regulatory Flexibility Act
        D. Paperwork Reduction Act
        E. Applicability of Executive Order 13045: Children's Health 
    Protection
        F. Executive Order 12875: Enhancing Intergovernmental 
    Partnerships
        G. The National Technology Transfer and Advancement Act
        H. Executive Order 13084: Consultation and Coordination With 
    Indian Tribal Governments
    IV. Additional Information
    
    I. Section 612 Program
    
    A. Statutory Requirements
    
        Section 612 of the Clean Air Act authorizes EPA to develop a 
    program for evaluating alternatives to ozone-depleting substances. EPA 
    is referring 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, methyl bromide, 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. EPA must publish a corresponding list of acceptable 
    alternatives for specific uses.
        Petition Process--Section 612(d) grants 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) requires 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 Final Rulemaking (FRM) (59 FR 
    13044) which described the process for administering the SNAP program 
    and issued EPA's first acceptability lists for substitutes in the major 
    industrial use sectors. These sectors include: refrigeration and air 
    conditioning; foam blowing; solvent cleaning; fire suppression and 
    explosion protection; sterilants; aerosols; adhesives, coatings and 
    inks; and tobacco expansion. These sectors comprise the principal 
    industrial sectors that historically consume large volumes of ozone-
    depleting compounds.
        The Agency defines a ``substitute'' as any chemical, product 
    substitute, or alternative manufacturing process, whether existing or 
    new, that could replace a class I or class II substance. Anyone who 
    produces a substitute must provide the Agency with health and safety 
    studies on the substitute at least 90 days before introducing it into 
    interstate commerce for significant new use as an alternative. This 
    requirement applies to chemical manufacturers, but may include 
    importers, formulators or end-users when they are responsible for 
    introducing a substitute into commerce.
    
    [[Page 8040]]
    
    II. Proposed Listing of Substitutes
    
        To develop the lists of unacceptable and acceptable substitutes, 
    EPA conducts screens of health and environmental risks posed by various 
    substitutes for ozone-depleting compounds in each use sector. The 
    outcome of these risk screens can be found in the public docket, as 
    described above in the Addresses portion of this notice.
        Under section 612, the Agency has considerable discretion in the 
    risk management decisions it can make in SNAP. The Agency has 
    identified five possible decision categories: acceptable; acceptable 
    subject to use conditions; acceptable subject to narrowed use limits; 
    unacceptable; and pending. Fully acceptable substitutes (i.e., no 
    restrictions) can be used for all applications within the relevant 
    sector end-use. Conversely, it is illegal to replace an ODS with a 
    substitute listed by SNAP as unacceptable. A pending listing represents 
    substitutes for which the Agency has not received complete data or has 
    not completed its review of the data.
        After reviewing a substitute, the Agency may make a determination 
    that a substitute is acceptable only if certain conditions of use are 
    met to minimize risks to human health and the environment. Use of such 
    substitutes in ways that are inconsistent with such use conditions 
    renders these substitutes unacceptable.
        Even though the Agency can restrict the use of a substitute based 
    on the potential for adverse effects, it may be necessary to permit a 
    narrowed range of use within a sector end-use because of the lack of 
    alternatives for specialized applications. Users intending to adopt a 
    substitute acceptable within narrowed use limits must ascertain that 
    other acceptable alternatives are not technically feasible. Companies 
    must document the results of their evaluation, and retain the results 
    on file for the purpose of demonstrating compliance. This documentation 
    shall include descriptions of substitutes examined and rejected, 
    processes or products in which the substitute is needed, reason for 
    rejection of other alternatives, e.g., performance, technical or safety 
    standards, and the anticipated date other substitutes will be available 
    and projected time for switching to other available substitutes. Use of 
    such substitutes in applications and end-uses which are not specified 
    as acceptable in the narrowed use limit renders these substitutes 
    unacceptable.
        In this NPRM, EPA is issuing its preliminary decision on the 
    acceptability of certain substitutes not previously reviewed by the 
    Agency. As described in the March 1994 rulemaking for the SNAP program 
    (59 FR 13044), EPA believes that, as a general matter, notice-and-
    comment rulemaking is required to place any alternative on the list of 
    prohibited substitutes, to list a substitute as acceptable only under 
    certain use conditions or narrowed use limits, or to remove an 
    alternative from either the list of prohibited or acceptable 
    substitutes.
        EPA does not believe that notice and comment rulemaking procedures 
    are required to list alternatives as acceptable with no limitations. 
    Such listings do not impose any sanction, nor do they remove any prior 
    license to use a substitute. Consequently, EPA adds substitutes to the 
    list of acceptable alternatives without first requesting comment on new 
    listings. Updates to the acceptable and pending lists are published as 
    separate Notices of Acceptability in the Federal Register.
        The sections below present a detailed discussion of the proposed 
    substitute listing determinations by major use sector. Tables 
    summarizing listing decisions in this Notice of Proposed Rulemaking are 
    in Appendix G. The comments contained in Appendix G provide additional 
    information on a substitute. These comments are not part of the 
    regulatory decision, and therefore they are not mandatory for use of a 
    substitute. Nor should the comments listed in Appendix G be considered 
    comprehensive with respect to other legal obligations pertaining to the 
    use of the substitute. However, EPA encourages users to apply all 
    comments listed in the application of these substitutes. In many 
    instances, the comments simply allude to sound operating practices that 
    have already been identified in existing industry and/or building-code 
    standards. Thus, many of the comments, if adopted, would not require 
    significant changes, if any, in existing operating practices for the 
    affected industry.
    
    A. Fire Suppression and Explosion Protection
    
        EPA is proposing to list IG-100 and HCFC Blend E as acceptable 
    halon substitutes subject to certain use conditions. In implementing 
    its application of conditions to limit the use of alternatives under 
    the SNAP program, EPA has sought to avoid overlap with other existing 
    regulatory authorities. EPA believes that section 612 clearly 
    authorizes imposition of use conditions to ensure safe use of replacing 
    agents. EPA's mandate is to list agents that ``reduce overall risk to 
    human health and the environment'' for ``specific uses.'' In light of 
    this authorization, EPA only intends to set conditions for the safe use 
    of halon substitutes in the workplace until OSHA incorporates specific 
    language addressing gaseous agents in OSHA regulation. Under Public Law 
    91-596, section 4(b)(1), OSHA is precluded from regulating working 
    conditions currently being regulated by another federal agency. EPA is 
    specifically deferring to OSHA and has no intention to assume the 
    responsibility for regulating workplace safety, especially with respect 
    to fire protection. EPA's workplace use conditions will not bar OSHA 
    from regulating under its P.L. 91-596 authority.
        Additionally, EPA understands that, under the National Technology 
    Transfer and Advancement Act of 1995, Section 12(d), Pub. L. 104-113, 
    federal agencies are required to use technical standards that are 
    developed or adopted by voluntary consensus standards bodies, using 
    such technical standards as a means to carry out policy objectives or 
    activities. EPA will consider adopting such technical standards as they 
    become available.
    1. Proposed Acceptable Subject to Use Conditions
        Total Flooding Agents. IG-100 is proposed acceptable as a Halon 
    1301 substitute for total flooding applications. IG-100, which is 
    composed of 100% nitrogen, is designed to lower the oxygen level in a 
    protected area to a level that does not support combustion. The 
    toxicological issues of concern with inert gas systems differ from 
    those of halocarbon agent systems, since the endpoint for hypoxic (low 
    oxygen) atmospheres associated with inert gas systems is asphyxiation, 
    while the endpoint for halocarbon agents is cardiosensitization leading 
    to cardiac arrhythmia. Peer reviews by medical specialists considering 
    specific questions regarding exposure of a typical working population 
    to inert gas fire suppression systems have provided sufficient 
    information to support use conditions previously listed for IG-541, IG-
    55, and IG-01; EPA has determined these use conditions are appropriate 
    for IG-100 as well.
        Specifically, because the terms No Observed Adverse Effect Level 
    (NOAEL) and Lowest Observed Adverse Effect Level (LOAEL) are not 
    appropriate when considering the continuum of health effects associated 
    with hypoxic atmospheres, EPA proposes a ``no effect level'' for inert 
    gas systems at 12% oxygen, and a ``lowest effect level'' at 10% oxygen. 
    Thus, consistent with the
    
    [[Page 8041]]
    
    OSHA conditions used by EPA for all total flooding agents, EPA proposes 
    that an IG-100 system could be designed to an oxygen level of 10% if 
    employees can egress the area within one minute, but may be designed 
    only to the 12% level if it takes longer than one minute to egress the 
    area. If the possibility exists for the oxygen to drop below 10%, 
    employees must be evacuated prior to such oxygen depletion. A design 
    concentration of less than 10% oxygen may only be used in normally 
    unoccupied areas, provided that any employee who could possibly be 
    exposed can egress within 30 seconds.
        EPA does not encourage any employee to intentionally remain in an 
    area following discharge of IG-100 (or any other total flooding agent), 
    even in the event of accidental discharge. In addition, the system must 
    include alarms and warning mechanisms as specified by OSHA.
        EPA intends that all personnel be evacuated from an area prior to, 
    or quickly after, discharge. An inert gas system may not be designed 
    with the intention of personnel remaining in the area unless 
    appropriate protection is provided, such as self-contained breathing 
    apparatuses.
    2. Proposed Acceptable Subject to Narrowed Use Limits
        Streaming Agents. HCFC Blend E is proposed acceptable as a Halon 
    1211 substitute for streaming agent uses in nonresidential 
    applications. This agent is a blend of an HCFC, an HFC, and an 
    additive. The primary constituent, an HCFC, is currently listed as 
    acceptable for use in non-residential streaming applications. The 
    secondary constituent, an HFC, is listed acceptable as a flooding agent 
    subject to use conditions. Upon combustion, the synergistic effect of 
    these two compounds can result in the formulation of hydrochloric and 
    other acids at levels potentially harmful to human health. The 
    formulation of such byproducts of combustion is similar for many 
    halocarbon fire extinguishing agents. The manufacturer claims the 
    presence of the additive might help mitigate these potential effects.
        This potential risk of human health effects, although it does not 
    outweigh the risks associated with fire, necessitate limiting the use 
    of this blend to non-residential applications only. EPA recommends that 
    the potential risks associated with the use of this blend, as well as 
    handling procedures to reduce such risk, be clearly labeled on each 
    extinguisher containing this blend. Additionally, section 610(d) of the 
    Clean Air Act and its implementing regulations prohibit the sale and 
    distribution of HCFCs in fire extinguishers for residential 
    applications. (See 61 FR 69671, December 4, 1996, and 58 FR 69637, 
    December 30, 1993.)
        EPA has reviewed the environmental impacts of this blend and has 
    concluded that, by comparison to Halon 1211, it reduces overall risk to 
    the environment. The ozone-depletion potential of the HCFC is 0.02; no 
    other constituent in the blend has ozone-depleting characteristics. 
    EPA's review of environmental and human health impacts of this blend is 
    contained in the public docket for this rulemaking.
    
    III. Administrative Requirements
    
    A. Executive Order 12866
    
        Under Executive Order 12866, (58 FR 51735; October 4, 1993) the 
    Agency must determine whether the 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 
    that it considers this a ``significant regulatory action'' within the 
    meaning of the Executive Order and EPA submitted this action to OMB for 
    review. Changes made in response to OMB suggestions or recommendations 
    have been documented in the public record.
    
    B. Unfunded Mandates Reform Act
    
        Section 202 of the Unfunded Mandates Reform Act of 1995 requires 
    EPA to prepare a budgetary impact statement before promulgating a rule 
    that includes a Federal mandate that may result in expenditure of $100 
    million or more in any one year by state, local, and tribal 
    governments, in aggregate, or by the private sector. Section 203 
    requires the Agency to establish a plan for obtaining input from and 
    informing any small governments that may be significantly or uniquely 
    affected by the rule. Section 205 requires that regulatory alternatives 
    be considered before promulgating a rule for which a budgetary impact 
    statement is prepared. The Agency must select the least costly, most 
    cost-effective, or least burdensome alternative that achieves the 
    rule's objectives, unless there is an explanation why this alternative 
    is not selected or this alternative is inconsistent with law.
        Because this proposed rule is estimated to result in the 
    expenditure by State, local, and tribal governments or the private 
    sector of less than $100 million in any one year, the Agency has not 
    prepared a budgetary impact statement or specifically addressed the 
    selection of the least costly, most cost-effective, or least burdensome 
    alternative. Because small governments will not be significantly or 
    uniquely affected by this rule, the Agency is not required to develop a 
    plan with regard to small governments. However, this proposed rule has 
    the net effect of reducing burden from part 82, Stratospheric 
    Protection regulations, on regulated entities.
    
    C. Regulatory Flexibility Act
    
        The Regulatory Flexibility Act (RFA) generally requires an agency 
    to conduct a regulatory flexibility analysis of any rule subject to 
    notice and comment rulemaking requirements 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 not-for-profit enterprises, and small governmental 
    jurisdictions. This proposed rule would not have a significant impact 
    on a substantial number of small entities because costs of the SNAP 
    requirements as a whole are expected to be minor. In fact, this 
    proposed rule offers regulatory relief to small businesses by providing 
    acceptable alternatives to phased-out ozone-depleting substances. The 
    actions proposed herein may well provide benefits for small businesses 
    anxious to examine potential substitutes to any ozone-depleting class I 
    and class II substances they may be using, by requiring manufacturers 
    to make information on such substitutes available. Therefore, I certify 
    that this action will not have a significant economic impact on a 
    substantial number of small entities.
    
    D. Paperwork Reduction Act
    
        EPA has determined that this proposed rule contains no information
    
    [[Page 8042]]
    
    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 an Information Collection 
    Request by EPA described in the March 18, 1994 rulemaking (59 FR 13044, 
    at 13121, 13146-13147); its OMB Control Number is 2060-0226.
    
    E. Applicability of Executive Order 13045: Children's Health Protection
    
        This rule is not subject to E.O. 13045, entitled Protection of 
    Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
    April 23, 1997), because it does not involve decisions on environmental 
    health risks or safety risks that may disproportionately affect 
    children.
    
    F. Executive Order 12875: Enhancing Intergovernmental Partnerships
    
        Under Executive Order 12875, EPA may not issue a regulation that is 
    not required by statute and that creates a mandate upon a State, local 
    or tribal government, unless the Federal government provides the funds 
    necessary to pay the direct compliance costs incurred by those 
    governments, or EPA consults with those governments. If EPA complies by 
    consulting, Executive Order 12875 requires EPA to provide to the Office 
    of Management and Budget a description of the extent of EPA's prior 
    consultation with representatives of affected State, local and tribal 
    governments, the nature of their concerns, copies of any written 
    communications from the governments, and a statement supporting the 
    need to issue the regulation. In addition, Executive Order 12875 
    requires EPA to develop an effective process permitting elected 
    officials and other representatives of State, local and tribal 
    governments ``to provide meaningful and timely input in the development 
    of regulatory proposals containing significant unfunded mandates.'' 
    Today's rule does not create a mandate on State, local or tribal 
    governments. The rule does not impose any enforceable duties on these 
    entities. Accordingly, the requirements of section 1(a) of Executive 
    Order 12875 do not apply to this rule.
    
    G. The National Technology Transfer and Advancement Act
    
        The National Technology Transfer and Advancement Act of 1995 
    (NTTAA), Section 12(d), Pub. L. 104-113, requires federal agencies and 
    departments to use technical standards that are developed or adopted by 
    voluntary consensus standards bodies, using such technical standards as 
    a means to carry out policy objectives or activities determined by the 
    agencies and departments. If use of such technical standards is 
    inconsistent with applicable law or otherwise impractical, a federal 
    agency or department may elect to use technical standards that are not 
    developed or adopted by voluntary consensus standards bodies if the 
    head of the agency or department transmits to the Office of Management 
    and Budget an explanation of the reasons for using such standards.
        Although this proposed rule includes technical standards for 
    exposure limits, there are no applicable voluntary consensus standards 
    on this subject. EPA will consider adopting such technical standards as 
    they become available.
    
    H. Executive Order 13084: Consultation and Coordination with Indian 
    Tribal Governments
    
        Under Executive Order 13084, EPA may not issue a regulation that is 
    not required by statute, that significantly or uniquely affects the 
    communities of Indian tribal governments, and that imposes substantial 
    direct compliance costs on those communities, unless the Federal 
    government provides the funds necessary to pay the direct compliance 
    costs incurred by the tribal governments, or EPA consults with those 
    governments. If EPA complies by consulting Executive Order 13084 
    requires EPA to provide to the Office of Management and Budget, in a 
    separately identified section of the preamble to the rule, a 
    description of the extent of EPA's prior consultation with 
    representatives of affected tribal governments, a summary of the nature 
    of their concerns, and a statement supporting the need to issue the 
    regulation. In addition, Executive Order 13084 requires EPA to develop 
    an effective process permitting elected and other representatives of 
    Indian tribal governments ``to provide meaningful and timely input in 
    the development of regulatory policies on matters that significantly or 
    uniquely affect their communities.'' Today's rule 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. 
    Accordingly, the requirements of section 3(b) of Executive Order 13084 
    do not apply to this rule.
    
    IV. Additional Information
    
        For copies of the comprehensive SNAP lists or additional 
    information on SNAP, contact the Stratospheric Protection Hotline at 1-
    800-296-1996, Monday-Friday, between the hours of 10:00 a.m. and 4:00 
    p.m. (EST).
        For more information on the Agency's process for administering the 
    SNAP program or criteria for evaluation of substitutes, refer to the 
    SNAP final rulemaking published in the Federal Register on March 18, 
    1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as 
    well as EPA publications on protection of stratospheric ozone, are 
    available from EPA's Ozone World Wide Web site at (http://www.epa.gov/
    ozone/title6) and from the Stratospheric Protection Hotline, whose 
    number is listed above.
    
    List of Subjects in 40 CFR Part 82
    
        Environmental protection, Administrative practice and procedure, 
    Air pollution control, Reporting and recordkeeping requirements.
        Dated: February 10, 1999.
    Carol M. Browner,
    Administrator.
        For the reasons set out in the preamble, 40 CFR part 82 is proposed 
    to be 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. Sec. 7414, 7601, 7671-7671q.
    
        2. Subpart G is amended by adding the following Appendix G to read 
    as follows:
    
    Subpart G--Significant New Alternatives Policy Program
    
    * * * * *
    
    Appendix G to Subpart G--Substitutes Subject to Use Restrictions 
    and Unacceptable Substitutes Listed in the [FR publication date] 
    final rule, effective [30 days after FR publication date].
    
    Summary of Proposed Decisions
    
    [[Page 8043]]
    
    
    
                             Fire Suppression and Explosion Protection Total Flooding Agents
                                   [Substitutes Acceptable Subject to Use Conditions]
    ----------------------------------------------------------------------------------------------------------------
                End Use                Substitute         Decision            Conditions              Comments
    ----------------------------------------------------------------------------------------------------------------
    Halon 1301, Total Flooding      IG-100..........  Acceptable......  Until OSHA             EPA does not
     Agents.                                                             establishes            contemplate
                                                                         applicable workplace   personnel remaining
                                                                         requirements:          in the space after
                                                                                                system discharge
                                                                                                during a fire
                                                                                                without Self-
                                                                                                Contained Breathing
                                                                                                Apparatus (SCBA) as
                                                                                                required by OSHA.
                                                                        IG-100 systems may be  EPA does not
                                                                         designed to an         encourage any
                                                                         oxygen level of 10%    employee to
                                                                         if employees can       intentionally remain
                                                                         egress the area        in the area after
                                                                         within one minute,     system discharge,
                                                                         but may be designed    even in the event of
                                                                         only to the 12%        accidental
                                                                         oxygen level if it     discharge. In
                                                                         takes longer than      addition, the system
                                                                         one minute to egress   must include alarms
                                                                         the area.              and warning
                                                                                                mechanisms as
                                                                                                specified by OSHA.
                                                                        If the possibility     See additional
                                                                         exists for the         comments 1, 2.
                                                                         oxygen level to drop
                                                                         below 10%, employees
                                                                         must be evacuated
                                                                         prior to such oxygen
                                                                         depletion.
                                                                        A design
                                                                         concentration of
                                                                         less than 10% many
                                                                         only be used in
                                                                         normally occupied
                                                                         areas, as long as an
                                                                         employee who could
                                                                         possibly be exposed
                                                                         can egress within 30
                                                                         seconds.
    ----------------------------------------------------------------------------------------------------------------
    
    Additional Comments
    
        1. Must conform with OSHA 29 CFR 1910, Subpart L, Section 
    1910.160.
        2. Per OSHA requirements, protective gear (SCBA) must be 
    available in the event personnel must re-enter the area.
    
                               Fire Suppression and Explosion Protection Streaming Agents
                                 [Substitutes Acceptable Subject to Narrowed Use Limits]
    ----------------------------------------------------------------------------------------------------------------
                 End use                  Substitute           Decision           Limitations          Comments
    ----------------------------------------------------------------------------------------------------------------
    Halon 1211, Streaming Agents....  HCFC Blend E......  Acceptable........  Nonresidential
                                                                               uses only.
    ----------------------------------------------------------------------------------------------------------------
    
    [FR Doc. 99-3992 Filed 2-17-99; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
02/18/1999
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
99-3992
Dates:
Written comments or data provided in response to this document must be submitted by April 19, 1999. A public hearing will be held if requested in writing. If a public hearing is requested, EPA will provide notice of the date, time and location of the hearing in a subsequent Federal Register notice. For further information, please
Pages:
8038-8043 (6 pages)
Docket Numbers:
FRL-6301-7
RINs:
2060-AG12: Prot. of Strat. Ozone: Update of the Substitutes List Under (SNAP) Program
RIN Links:
https://www.federalregister.gov/regulations/2060-AG12/prot-of-strat-ozone-update-of-the-substitutes-list-under-snap-program
PDF File:
99-3992.pdf
CFR: (1)
40 CFR 82