Protection of Stratospheric Ozone: Sale of Halon Blends, Intentional Release of Halon, Technician Training and Disposal of Halon and Halon-Containing Equipment

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5852-6]

RIN-2060-AH44

Protection of Stratospheric Ozone: Sale of Halon Blends,

Intentional Release of Halon, Technician Training and Disposal of Halon

and Halon-Containing Equipment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: In response to a lawsuit filed against EPA by the Sierra Club

on March 31, 1995, and the subsequent consent decree, of which notice

was published in the Federal Register on September 17, 1996 (61 FR

48950), EPA is proposing the following regulations pursuant to section

608 (a)(2) of the Clean Air Act Amendments of 1990 (the Act). Through

this action, EPA is proposing to ban the sale of halon blends; to

prohibit the intentional release of halons during training of

technicians and during testing, repair, and disposal of halon-

containing equipment; to require appropriate training of technicians

regarding emissions reduction; and to require proper disposal of halon

and of halon-containing equipment at the end of its useful life.

DATES: Comments on this proposal must be received by August 6, 1997. If

a hearing is requested, it will be held on July 22, 1997, and the

comment period will then be extended to August 21, 1997. Anyone who

wishes to request a hearing should call Mavis Sanders at 202/233-9737

by July 14, 1997.

ADDRESSES: Comments on this proposal must be submitted to the Air

Docket Office, Public Docket No. A-92-01 VIIIG, Waterside Mall (Ground

Floor), Environmental Protection Agency, 401 M Street, SW, Washington,

DC 20460 in room M-1500. Additional comments and materials supporting

this rulemaking are contained in Public Docket No. A-92-01. Dockets may

be inspected from 8 a.m. until 5:30 p.m., Monday through Friday. A

reasonable fee may be charged for copying docket materials.

A public hearing, if requested, will be held in Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mavis Sanders, Program Implementation

Branch, Stratospheric Protection Division, Office of Atmospheric

Programs, Office of Air and Radiation (6205-J), 401 M Street, SW,

Washington, DC 20460, (202) 233-9737. The Stratospheric Ozone

Information Hotline at 1-800-296-1996 can also be contacted for further

information.

Persons may contact the Stratospheric Protection Hotline at 1-800-

296-1996 to learn if a hearing will be held and to obtain the date and

location of any hearing. Any hearing will be strictly limited to the

subject matter of this proposal, the scope of which is discussed below.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in

the following outline:

I. Regulated Entities

II. Background

a. Stratospheric Protection

b. Section 608(a) of the Clean Air Act

c. Sierra Club Suit

d. Halons

III. Today's Proposal

a. Banning the Sale of Halon Blends

b. Intentional Release, Halon Technician Training and Disposal of

Halons and Halon-Containing Equipment

1. Intentional Release of Halons and Technician Training

2. Exemption From Intentional Release Requirements for Aircraft

3. Disposal of Halons and Halon-Containing Equipment

IV. Administrative Requirements

a. Executive Order 12866

b. Regulatory Flexibility

c. Unfunded Mandates Act

d. Paperwork Reduction Act

I. Regulated Entities

Entities potentially regulated by this action are those that

manufacture, sell, or distribute halon blends and persons who test,

repair, or dispose of total flooding systems, hand-held fire

extinguishers or aerosol containers or who employ technicians to

service such equipment. Other entities potentially impacted by the

prohibition of the intentional release of halons during technician

training and during testing, repair, and disposal of equipment are U.S.

military institutions. Regulated categories and entities include:

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Category Examples of regulated entities

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Industry............................... Manufacturers, distributors,

retailers and recyclers of

halon blends. Persons who

test, repair, or dispose of

halon containing equipment

they have purchased, or who

employ technicians to perform

such services.

Military............................... Military entities that dispose

of halon containing equipment,

that employ technicians who

service halon containing

equipment, or that release

halons during technician

training or during testing,

repair, or disposal of

equipment.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could potentially be affected by this action. Other types of entities

not listed in the table could also be affected. To determine whether

your company is regulated by this action, you should carefully examine

the applicability criteria discussed below. If you have questions

regarding the applicability of this action to a particular entity,

consult the person listed in the preceding FOR FURTHER INFORMATION

CONTACT section.

II. Background

a. Stratospheric Protection

The stratospheric ozone layer protects the Earth from penetration

of harmful ultraviolet (UV-B) radiation. National and international

consensus exists that releases of certain man-made halocarbons,

including chlorofluorocarbons (CFCs), halons, carbon tetrachloride, and

methyl chloroform, contribute to the depletion of the stratospheric

ozone layer and should be controlled. Ozone depletion harms human

health and the environment through increased incidence of certain skin

cancers and cataracts, suppression of the immune system, damage to

plants including crops and aquatic organisms, increased formation of

ground-level ozone and increased weathering of outdoor plastics. Ozone-

depleting substances have been designated as either class I or class II

substances (see 40 CFR part 82, appendices A and B to subpart A). Class

I substances include chlorofluorocarbons, halons, carbon tetrachloride,

methyl chloroform, methyl bromide and hydrobromofluorocarbons; class II

substances include hydrochlorofluorocarbons. Halon is commonly used in

fire suppression. Halon blends consisting of halon 1211 and halon 1301

were once widely manufactured for use in hand-held portable

extinguishers and aerosol containers. However, since January 1, 1994,

in accordance with the Montreal Protocol on Substances that Deplete the

Ozone Layer (Montreal Protocol), halon production in, and importation

into the

[[Page 36429]]

U.S. has been prohibited (40 CFR 82.4(b), 82.7; 58 FR 65018). There are

limited exceptions to this ban for production for export to countries

covered under Article V of the Montreal Protocol (Sec. 82.9(a)(1));

production/import for essential uses (Sec. 82.4(r)); and production

using destruction/transformation credits under Sec. 82.9(f) (for

persons nominated for essential use exemptions only.)

b. Section 608(a) of the Clean Air Act

Section 608 of the Clean Air Act Amendments of 1990 (the Act)

requires EPA to establish a comprehensive program to limit emissions of

ozone-depleting substances during their use and disposal.

Subsection (a) of section 608 requires EPA to promulgate

regulations ``establishing standards and requirements regarding the use

and disposal'' of both class I and class II substances. The regulations

are to ``reduce the use and emission of such substances to the lowest

achievable level'' and to ``maximize the recapture and recycling of

such substances.''

On May 14, 1993, EPA promulgated regulations under section 608(a)

of the Act, establishing standards and requirements for the use and

disposal of class I and II substances during the servicing, repair and

disposal of air-conditioning and refrigeration equipment (58 FR 28660.)

Statutory authority for today's proposal is found in section 608(a)(2)

of the Act, which directs EPA to establish standards and requirements

regarding use and disposal of class I and II substances other than

refrigerants. Section 608 (a) (2) requires EPA to promulgate additional

regulations that establish standards and requirements regarding the use

and disposal of both class I and class II substances not covered by the

initial set of regulations, i.e., all non-refrigerant uses of class I

and class II substances.

The goal of subsection 608(a) is to reduce the use and emission of

ozone-depleting substances to the lowest achievable level and maximize

the recapture and recycling of such substances. Today's proposed

requirements regarding disposal of halon-containing equipment and

technician training, together with the proposed bans on the sale of

halon blends and the intentional release of halon during repair,

testing, and disposal of equipment, and during technician training, are

designed to meet the intent of section 608(a) by reducing potential

emissions of halon, a significant ozone depleter.

c. Sierra Club Suit

On March 31, 1995, the Sierra Club filed a complaint against EPA,

claiming that EPA had not met the requirements of section 608(a)(2) of

the Act by taking regulatory steps to minimize use and emissions of

ozone-depleting substances other than refrigerants. This action

resulted in negotiations between EPA and the Sierra Club that led to a

consent decree of which notice was published on September 17, 1996, in

the Federal Register (61 FR 48950). In the consent decree, EPA agreed

to take the following actions with regard to halons: (1) To issue a

proposed rule regarding a ban of the sale of all halon blends and to

take final action on the proposal; (2) to issue a proposed rule or

rules regarding the intentional release of halons during repair and

testing of equipment containing halons, training concerning the use of

such equipment, disposal of halons, and removal or disposal of

equipment containing halons at the end of the life of such equipment;

and to take final action on the proposal; and (3) to issue either a

proposed rule requiring the certification of recycling and recovery

equipment for halons and allowing the removal of halons only through

use of certified equipment or a direct final determination that no such

rule is necessary or appropriate; and to take final action if a

proposal is issued or if adverse comment is received on the direct

final determination. EPA will address the third of these commitments in

a separate action from today's.

d. Halons

Halons are gaseous or easily vaporized halocarbons used primarily

for putting out fires, but also for explosion protection. The two

halons most widely used in the United States are Halon 1211 and Halon

1301. Halon 1211 is used primarily in streaming applications and Halon

1301 is typically used in total flooding applications. Some limited use

of Halon 2402 also exists in the United States, but only as an

extinguishant in engine nacelles (the streamlined enclosure surrounding

the engine) on older aircraft and in the guidance system of Minuteman

missiles. Today's proposed action is not expected to affect the supply

of unblended halons for these important uses.

Halons are used in a wide range of fire protection applications

because they combine four characteristics. First, they are highly

effective against solid, liquid/gaseous, and electrical fires (referred

to as Class A, B, and C fires, respectively). Second, they are clean

agents: That is, they dissipate rapidly, leaving no residue and thereby

avoiding secondary damage to the property they are protecting. Third,

halons do not conduct electricity and can be used in areas containing

live electrical equipment where they can penetrate to and around

physical objects to extinguish fires in otherwise inaccessible areas.

Finally, halons are generally safe for limited human exposure when used

with proper exposure controls.

Despite these advantages, halons are among the most ozone-depleting

chemicals in use today. With 0.2 representing the threshold for

classification as a class I substance, Halon 1301 has an estimated

ozone-depleting potential (ODP) of 10; Halon 1211 has an estimated ODP

of 3. Thus, while total halon production (measured in metric tons)

comprised just 2 percent of the total production of class I substances

in 1986, halons represented 23 percent of the total estimated ozone

depletion attributable to class I substances produced during that year.

Prior to the early 1990's, the greatest releases of halon into the

atmosphere occurred not in extinguishing fires, but during testing and

training, service and repair, and accidental discharges. Data generated

as part of the Montreal Protocol's technology assessment indicated that

only 15 percent of annual Halon 1211 emissions and 18 percent of annual

Halon 1301 emissions occur as a result of use to extinguish actual

fires. These figures indicated that significant gains could be made in

protecting the ozone layer by revising testing and training procedures

and by limiting unnecessary discharges through better detection and

dispensing systems for halon and halon alternatives. The fire

protection community began to conserve halon reserves in response to

the impending ban of the production and import of halons 1211, 1301 and

2402 that occurred January 1, 1994. Through standards, research, and

field practice the fire protection community eliminated discharge

testing with halons and minimized use of halon for testing and

training. Additionally, fire equipment distributors began to service

and maintain fire suppression equipment regularly to avoid leaks, false

discharges, and other unnecessary emissions.

III. Today's Proposal

Today, EPA is proposing several actions relative to the sale and

emission of halon as mandated by the Sierra Club consent decree. First,

EPA is proposing to ban the sale of all halon blends, including blends

of Halon 1211, Halon 1301 and Halon 2402. Today's proposal does not

affect the sale of unblended halons.

[[Page 36430]]

Second, EPA is proposing to ban the intentional release of halons

during repair, testing, and disposal of equipment that contains halon

and during technician training. For safety reasons, EPA is proposing to

grant an exemption from this ban for halon release used as part of the

test of fire extinguishing systems in class C and class D compartments

aboard aircraft when such a test is required by the Federal Aviation

Administration (FAA) under its Airworthiness Standards.

Third, EPA is requiring halon equipment service companies, halon

recyclers, halon equipment manufacturers, and other organizations that

employ technicians who service halon-containing equipment to provide

training regarding halon emission reduction during the servicing of

halon containing equipment.

Finally, EPA is requiring owners of equipment containing halon to

dispose of this equipment by returning the halon containing equipment

to the manufacturer, a fire equipment distributor or halon recycler for

halon recovery. EPA is also requiring persons disposing of halon to

send it to a halon recycler.

This proposed action is consistent with the provisions in the

consent decree agreed to by EPA and the Sierra Club, which obligate EPA

to take certain actions in regard to the requirements contained in

section 608 (a)(2) of the Clean Air Act Amendments of 1990 (the

``Act''). EPA has developed the provisions of this proposal with input

from representatives of the halon industry, fire protection community,

environmental groups and affected trade associations. Since the halon

industry has successfully been making significant strides towards

reducing halon emission through the use of technician training and

efficient halon removal and disposal practices for halon-containing

equipment, EPA believes that today's proposal generally reflects

existing industry standards and practices. As a result, EPA also

believes that today's proposal will not significantly impact members of

the fire protection community.

a. Banning the Sale of Halon Blends

EPA is proposing to ban the sale of all halon blends. This ban is

expected to reduce the use of such blends in accordance with section

608(a)(3) of the Act by preventing newly manufactured blends from being

introduced into the marketplace.

Halon blends are extremely effective fire suppression agents

primarily used in portable fire extinguishers. Although the market for

these blends is small, inability to recycle and reuse halon blends

economically represents a significant environmental risk. Recycled

halon is necessary to bridge the gap between the end of halon

production in 1994 and the commercial availability of replacements and

to provide for critical uses for which satisfactory substitutes or

alternative fire protection measures cannot be found. Prior to the 1994

ban on the production of halons, the Halon Alternatives Research

Corporation (HARC) helped to sponsor a study on issues related to halon

recycling and the establishment of a national recycling program. This

program included the creation of a national halon bank. Currently, this

halon bank brokers transfers of halon between users and may eventually

arrange for storage facilities to accommodate fluctuations in supply

and demand of halon. Halon blends can be recycled adequately, but only

at significant cost. Therefore halon blends are not commonly recycled

and forwarded to a halon bank for critical uses.

Portable halon fire extinguishers are sold, distributed, installed,

and maintained by fire equipment dealers and distributors; accidental

release and leakage can be reduced through regular maintenance by the

distributor. Fire extinguishers that contain halon blends can be

returned to equipment dealers or recyclers for halon recovery but not

for halon recycling. Recyclers and equipment dealers within the US do

not yet have the technology necessary to separate and reclaim halon

blends, although new technology is beginning to become available on a

very limited basis internationally. Recyclers have not invested in this

new technology because the halon blend market is so small that

recycling halon blends is deemed unprofitable. Furthermore, EPA

believes that there is only one U.S. manufacturer currently producing

halon blends. EPA has contacted this manufacturer to determine the

impact, if any, a ban of the sale of all halon blends may have on this

manufacturer. This manufacturer claimed that halon blends represent

less than 2% of its business and that a ban on the sale of halon blends

would minimally impact this organization's profitability. Furthermore,

this manufacturer stated that because the fire protection community has

made considerable progress in identifying and using alternatives or

unblended halons that use nitrogen as a propellant, consumer demand for

halon blend extinguishers and aerosol containers has already been

significantly reduced.

EPA believes that a ban on the sale of halon blends will have

minimal impact on manufacturers, distributors or consumers. EPA is

seeking comment on the impact that banning the sale of halon blends may

have on consumers or industry.

b. Intentional Release, Halon Technician Training and Disposal of

Halons and Halon-Containing Equipment

1. Intentional Release of Halons and Technician Training

EPA is proposing to ban the intentional release of halons

(including halon blends) during technician training and during testing,

repair and disposal of halon-containing equipment, and to require

technician training regarding halon emission reduction. Historically,

the greatest release of halon into the atmosphere used to occur during

testing and training, service and repair, and accidental discharges.

However, emissions from Halon 1211 and Halon 1301 applications have

decreased substantially over the last five years due to a change in

industry practices concerning the release of halon as outlined in the

National Fire Protection Association (NFPA) Technical Standards (NFPA

12-A) and Underwriters Laboratories (UL) 1058. These standards require

proper leak testing and prohibit the release of halon during system

testing.

In an effort to reduce unnecessary emissions, distributors and

service companies sponsor technician training programs that are

primarily administered by representatives of equipment manufacturers.

Additionally, distributors and service companies augment this training

through the use of videos and in-house training about the reduction of

emissions through the use of standards and codes. These standards and

codes are developed by organizations such as the NFPA and UL, which

provide minimum requirements for the design, selection, installation,

inspection, and maintenance of halon-containing equipment. This

additional training may also include information regarding applicable

state and local codes and standards.

EPA believes that the fire protection community has responded

responsibly to the following tangible incentives to reduce emissions

and provide adequate training. First, the value of halon has increased

dramatically as it has become less available since the ban on halon

production in 1994. Second, in an effort to be responsive to

environmental concerns, the fire protection community has developed

self-imposed service standards and practices to reduce emissions and

increase recycling. Because these incentives directly impact

[[Page 36431]]

industry profitability, EPA believes that more stringent requirements

for minimizing halon emissions or for technician training are not

necessary and would produce very little environmental benefit. Today's

proposal therefore is based on the practices the industry has already

developed and implemented. EPA is seeking comments on the impact of

banning intentional release of halons and requiring emissions reduction

training.

2. Exemption From Intentional Release Requirements for Aircraft

EPA is proposing to grant an exemption from the intentional release

ban for halon used to test fire suppression systems in class C and

class D compartments aboard airplanes.

This exemption is based on FAA requirements relating to aircraft

safety. Current Federal Aviation Administration (FAA) Airworthiness

Standards for transport category airplanes include a number of

classifications for cargo or baggage compartments. Class C cargo or

baggage compartments must contain approved built-in fire-extinguishing

systems. 14 CFR 25.857(c)(2). The compartments must be designed so that

hazardous quantities of extinguishing agent (as well as smoke or

flames) can be excluded from areas occupied by the crew or passengers

(14 CFR 25.857(c)(3).) In addition, ventilation and drafts must not

interfere with the ability of the fire extinguishing agent to control

any fire that starts within the compartment (14 CFR 25.857(c)(4).)

Flight tests of the fire-extinguishing systems must be conducted to

show compliance with these requirements (14 CFR 25.855(h)(2),(3).)

These systems typically contain halons as the fire-extinguishing agent.

Thus, a ban on intentional release of halons would conflict with these

vital safety requirements if no exemption were permitted.

Class D compartments are defined in part as aircraft cargo or

baggage compartments not exceeding 1,000 cubic feet that use

restriction of available oxygen, as opposed to a fire-extinguishing

agent, to control fires (14 CFR 25.857(d)). In light of recent

tragedies involving fires that originated in the cargo or baggage

compartments of aircraft, EPA believes that class D compartments in

addition to class C compartments should be exempted from the ban on

intentional release of halon during testing of halon-containing

systems. As alternative fire suppression systems for class D

compartments are considered to improve aircraft safety, FAA is

considering halon systems as an interim viable option.

EPA believes that fires aboard aircraft pose such a great risk to

human safety that an exemption from the ban on the intentional release

of halons in accordance with FAA's Airworthiness Standards is necessary

and appropriate. EPA seeks comment on this proposed exemption.

3. Disposal of Halons and Halon-Containing Equipment

Today's proposal requires owners of equipment containing halon

(including a halon blend) to dispose of the equipment by sending the

equipment for halon recovery to a fire equipment distributor, a

manufacturer, or a halon recycler operating in accordance with NFPA 10

and 12 A standards. The proposal also requires halon (including a halon

blend) to be disposed of by sending it to a halon recycler for

recycling.

Due to industry outreach efforts, owners of halon-containing

equipment and those disposing of halon are already aware of the

importance of halon recycling and banking. Industry trade organizations

have already been encouraging owners of halon-containing equipment and

those disposing of halon to contact manufacturers, halon fire equipment

distributors or halon recyclers to ensure that halon is safely removed

and recovered for future use. Therefore, today's proposed action is

consistent with current industry practices and would not create an

additional burden for equipment owners. Most halon systems and

extinguishers in use today are purchased, installed, and serviced by

fire equipment distributors. Because of the efficiency of these

established distribution channels, industry representatives indicate

that the simplest way to assure proper recycling of halon is simply to

require equipment owners to return halon-containing equipment to

distributors. In many cases owners may receive a payment for the halon

contained in the equipment because of the current market value of

halon. The market value of halon has provided an incentive to industry

to consistently recover and recycle halons.

EPA is seeking comments on today's proposal relative to the

disposal of halons and halon-containing equipment.

IV. Administrative Requirements

a. Executive Order 12866

Under Executive Order 12866 (58 FR 51735, October 4, 1993), the

Agency must determine whether this proposed 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 entitlements, 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.

It has been determined by OMB and EPA that this proposal is not a

''significant regulatory action'' under the terms of Executive Order

12866 and is therefore not subject to OMB review under the Executive

Order.

b. Regulatory Flexibility

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 for the following reasons.

The proposal would not have a significant impact in the area of

intentional release because it closely models current industry

standards for prevention of intentional release of halon during repair,

testing, and disposal of halon-containing equipment, and during

technician training. The proposal also would not have a significant

impact in the areas of technician training and disposal of halons and

halon-containing equipment because it closely models current industry

standards, including the practice of recovering halons for reuse or

recycling. Because the use of halon blends has already declined

substantially and because reuse of blends without recycling remains an

option, there would not be a substantial number of entities affected by

the requirement to dispose of halon blends through recycling. Because

the market

[[Page 36432]]

for halon blends is so small the ban on the sale of halon blends would

not have a significant impact on a substantial number of small

entities. Businesses that manufacture, distribute, or sell halon blends

would be subject to the ban: however, there would not be a significant

impact on these businesses and these businesses are not substantial in

number. The one U.S. manufacturer of halon blends of which EPA is aware

has stated that the ban on halon blends would minimally impact the

business' profitability. Additionally, alternatives to halon blends are

available for distribution and sale. Therefore, I certify that this

action will not have a significant economic impact on a substantial

number of small entities.

c. Unfunded Mandates Act

Section 202 of the Unfunded Mandates Reform Act of 1995 (''Unfunded

Mandates Act'') (signed into law on March 22, 1995) requires that the

Agency prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector, of $100 million or more in any one year. Section 203 requires

the Agency to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule. Section 204 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.

Under section 205 of the Unfunded Mandates Act, the Agency must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The Agency must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the Agency explains why

this alternative is not selected or the selection of this alternative

is inconsistent with law.

Because this proposed rule is estimated to result in the

expenditure by State, local, and tribal governments or 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 proposed rule, the Agency is not required to develop a

plan with regard to small governments. Finally, because this proposal

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.

d. Paperwork Reduction Act

This action requires no information collection subject to the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and therefore no

information collection request will be submitted to OMB for review.

List of Subjects in 40 CFR Part 82

Environmental protection, Administrative practice and procedure,

Air pollution control.

Dated: June 26, 1997.

Carol Browner,

Administrator.

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. 7414, 7601, 7671-7671q.

2. Part 82 is amended by adding subpart H consisting of

Secs. 82.250, 82.260 and 82.270 to read as follows:

Subpart H--Halon Emissions Reduction

Sec.

82.250 Purpose and scope.

82.260 Definitions.

82.270 Prohibitions.

Subpart H--Halon Emissions Reduction

Sec. 82.250 Purpose and scope.

(a) The purpose of this subpart is to reduce the emissions of halon

in accordance with section 608 of the Clean Air Act by banning the sale

of all halon blends; banning the intentional release of halons during

repair, testing, and disposal of equipment containing halons and during

technician training; requiring organizations that employ technicians to

provide emissions reduction training; and requiring proper disposal of

halons and equipment containing halons.

(b) This subpart applies to any person testing, servicing,

maintaining, repairing or disposing of equipment that contains halons

or using such equipment during technician training. This subpart also

applies to any person disposing of halons; to manufacturers,

distributors, and retailers of halon blends; and to organizations that

employ technicians who service halon containing equipment.

Sec. 82.260 Definitions.

Disposal of halon means the discarding of halon recovered from

halon-containing equipment.

Disposal of halon-containing equipment means the process leading to

and including:

(1) The discharge, deposit, dumping or placing of any discarded

halon containing equipment into or on any land or water;

(2) The disassembly of any halon-containing equipment for

discharge, deposit, or dumping or placing of its discarded component

parts into or on any land or water; or

(3) The disassembly of any halon containing equipment for reuse of

its component parts.

Manufacturer means any person engaged in the direct manufacture of

halon, halon blends or halon-containing equipment.

Person means any individual or legal entity, including an

individual, corporation, partnership, association, state, municipality,

political subdivision of a state, Indian tribe, and any agency,

department, or instrumentality of the United States, and any officer,

agent, or employee thereof.

Technician means any person who performs testing, maintenance,

service, or repair that could reasonably be expected to release halons

from equipment into the atmosphere. Technician also means any person

who performs disposal of equipment that could reasonably be expected to

release halons from the equipment into the atmosphere. Technician

includes but is not limited to installers, contractor employees, in-

house service personnel, and in some cases, owners.

Sec. 82.270 Prohibitions.

(a) Effective 30 days following promulgation no person may sell or

distribute, or offer for sale or distribution, any substance that is a

blend of two or more halon products.

(b) Effective 30 days following promulgation, no person testing,

maintaining, servicing, repairing, or disposing of halon-containing

equipment or using such equipment for technician training may knowingly

vent or otherwise release into the environment any halons used in such

equipment. De minimis releases associated with good faith attempts to

recycle or recover halon are not subject to this prohibition. Release

of halons during testing of fire extinguishing systems for aircraft

class C and class D compartments in accordance with the

[[Page 36433]]

Federal Aviation Administration's Airworthiness Standards is not

subject to this prohibition.

(c) Effective 30 days following promulgation, organizations that

employ technicians who test, maintain, service, repair, or dispose of

halon containing equipment shall provide training for these technicians

regarding halon emission reduction.

(d) Effective 30 days following promulgation, owners of halon

containing equipment shall dispose of that equipment by forwarding it

for halon recovery to a manufacturer operating in accordance with NFPA

10 and NFPA 12A standards, a fire equipment dealer operating in

accordance with NFPA 10 and NFPA 12A standards or a recycler operating

in accordance with NFPA 10 and NFPA 12A standards. Effective 30 days

following promulgation, no person shall dispose of halon except by

sending it for recycling to a recycler operating in accordance with

NFPA 10 and NFPA 12A standards.

[FR Doc. 97-17594 Filed 7-3-97; 8:45 am]

BILLING CODE 6560-50-P