By Bob Baker

Frank Sanders, the head of the Antimicrobials Division of the U. S. EPA spoke at the ASHRAE winter meeting held in Chicago this January. His speech was about his department's direction in a number of directions of interest to those of us in the HVAC industry. During his presentation, he mentioned that they are considering sending out a Pesticide Regulation (PR) notice that would clarify agency positions. Below, I have included each of the six points he mentioned and added my comments:

1. Air Duct Sanitation - Since air duct sanitation is a public health issue, products must be specifically registered with the EPA for use in HVAC air duct systems and used according to label directions. (ed.) The agency considers some products or uses as having "public health" implications and others as having "environmental" applications. They subject the public health uses to a more rigorous review. They also can require greater detail in directions for use that must be included on the label of the product. This would require that any product claiming to be effective on air ducts be very clearly labeled for that use.

2. Exposure Risk Assessment - The Agency will conduct a risk assessment on building occupants from prolonged inhalation exposure to dried pesticide residues remaining on dust and in the air ducts after treatment. Depending on the chemical being registered, the Agency may require exposure data in order to complete the risk assessment. (ed.) It is very expensive to develop exposure data for a specific application. Unless a manufacturer expects a large sales volume for a product, they are unlikely to finance a study to develop the data that EPA might require. Since HVAC uses are a new use for Antimicrobial products it is unclear if the investment needed will pay off, as the sales potential is uncertain.

3. Accessible Surfaces - Sanitizing claims for chemicals used in air handling ducts will be acceptable only where all surfaces of those systems are accessible for manual cleaning, inspection and treatment. If the surfaces are not accessible, the system must be completely disassembled, cleaned and treated as any other solid, non-porous surface. (ed.) Air conditioning contractors value ease of application. This is sure to be a controversial requirement. "Sanitize" is a scientific term that means virtually all organisms have been killed which is very difficult with the complex surfaces found in HVAC systems. Still many believe that a significant reduction of growing organisms is still desirable. We may have to develop a new term to describe accurately what is being achieved with the application of an Antimicrobial in an HVAC system.

4. Industrial Biocides (algaecides, slimicides) - Registration for air conditioner units are registered primarily for outdoor cooling towers, coils, drain pans and lines, water sumps and related items. These do not include indoor air duct use. The use of these products in areas where the residue may be inhaled by the building occupants (such as air ducts) is a human health related use pattern, and the products must be registered specifically for this use. (ed.) Many chemicals used in cooling towers are very strong and therefore potentially toxic. These should never be used inside buildings. Current labeling of some of these products is confusing and they have been used inside of air ducts and on coils with terrible results. This would require clear language on the labels of such products.

5. Treated Articles - Paints, Sealants, Encapsulants and Filters

(A) For materials impregnated with antimicrobial substances, EPA accepts claims only for preservation of the impregnated materials (paints, sealants, encapsulants and filters) from microbial deterioration. The Agency defines "Preservative" as an agent that inhibits the growth of microorganisms capable of causing biological deterioration of a substance. The label should specifically define the substances which are intended to be preserved, and the length of time the preservation can be expected to be effective.

(B) Label claims for air purification by inhibition of microbial growth on filters or in coated air ducts are not acceptable because they extend beyond preservation of the filter material. Claims to inhibit microbes on (not in) the preserved material imply a microbial air purification benefit, and indirectly, health benefits. Such claims extend beyond benefits to the life of the impregnated material to claiming benefits for indoor air and are not acceptable. (ed.) We wrote in detail about the "Treated Articles" issue last year. If you missed those issues and would like reprints, please let me know. This issue is far from settled.

6. Directions for Use - Under the "Directions for Use" the label must list detailed instructions for all of the registered uses, including HVAC ductwork. (ed.) This last point seems clear and logical. We all want clear, easy to understand directions. In reality, it is difficult. The words used for label directions on EPA regulated products are established through much discussion, debate and many of the words have very special meanings that have been established through long use and tradition. HVAC uses are a new and uncharted area. It will require much time and effort to establish label directions that are clear and acceptable to the reviewers at the agency.

There will be many new decisions made and guidelines written before all of the issues outlined above are resolved and completely defined. It will be helpful if some industry wide organization such as ASHRAE takes the lead in working with EPA.

Mr. Baker's field of expertise is the control of contamination in air-conditioning and ventilating systems by mold, mildew and bacteria. He writes and speaks frequently about the efficacy, legal risks, and regulatory issues involved in various control strategies. He serves on ASHRAE Technical Committee TC 2.3, TC 2.4, TC 9.8, and Sampling of Airborne Particulate Concentration in Commercial and Residential Buildings GPC 17P. He also serves as a member of ASTM D22.06 (Indoor Air Quality) and is on the Board of Directors of the Indoor Air Quality Association and the Florida Public Health Foundation. Because HVAC applications encompass new uses from an U.S. EPA regulatory standpoint, Mr. Baker works closely with the EPA and industry groups, including serving as the chair of the IAQ committee of the Consumer Specialty Products Association, to help formulate policy in this area.

Bob Baker is Chairman and CEO of BBJ Environmental Solutions, Inc., a company specializing in providing clean air through environmentally responsible products, such as BBJ MicroBiocide , BBJ Micro Coil Clean , "FreshDuct Odor Eliminator ", and BBJ Mold and Mildew Remover™ as well as the revolutionary new Power Coil Clean™. For additional information, Mr. Baker can be reached at (800) 889-2251 or through the company web site at http://www.bbjenviro.com.