[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Proposed Rules]
[Pages 28408-28410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12896]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-6981-9]
Protection of Stratospheric Ozone: Notice of Data Availability;
New Information Concerning SNAP Program Proposal on HCFC Use in Foams
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability and request for comment.
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SUMMARY: The Environmental Protection Agency (EPA) is making available
to the public information related to a July 11, 2000, proposal under
the Significant New Alternatives Policy (SNAP) Program under section
612 of the Clean Air Act. The SNAP program reviews alternatives to
Class I and Class II ozone depleting substances and approves use of
alternatives which reduce the overall risk to public health and the
environment. The July 11, 2000 proposal concerned use of
hydrochlorfluorocarbons (HCFCs) in foam blowing applications. The
official comment period for the proposal ended on September 11, 2000.
However, EPA received information after September 11, 2000 from outside
parties through letters, meetings and the Agency's own efforts to
obtain information to address public comments. Today, the Agency is
making new information obtained after the close of the comment period
available for public review and comment. The information being made
available includes: sector description and size, alternatives currently
used in each sector and technically viable alternatives. Because we
plan to use this information in the future when developing a final
rule, EPA wants to provide the public with an opportunity to comment on
it.
[[Page 28409]]
Readers should note that we will only consider comments about the
information referenced in this notice and are not soliciting comments
on any other topic. In particular, we are not reopening the comment
period for the July 11, 2000, proposed rule through this Notice of Data
Availability. Neither are we soliciting comments on the HCFC production
phaseout established in EPA's December 10, 1993 rulemaking (58 FR
65018).
DATES: We will accept comments on the data through June 22, 2001.
ADDRESSES: You may submit comments to Docket A-2000-18, U.S.
Environmental Protection Agency, Office of Air and Radiation (OAR)
Docket and Information Center (6102), 401 M Street, SW., Room M-1500,
Washington, DC 20460, phone: (202) 260-7548; fax (202) 260-4400. You
may submit comments electronically by sending electronic mail through
the Internet to: [email protected]. Also identify your
comments in electronic format with Docket No. A-2000-18. See the
SUPPLEMENTARY INFORMATION section of this notice for further
information about filing comments. The docket may be inspected between
8 a.m. and 5:30 p.m. on weekdays. 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 Ms. Anhar Karimjee 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 marked confidential and sent directly to Ms.
Anhar Karimjee. 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: Questions concerning today's action
should be addressed to Ms. Anhar Karimjee at phone: (202) 564-2683,
fax: (202) 565-2095, or e-mail: [email protected], U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Mailcode 6205J, Washington, DC 20004. Overnight or courier deliveries
should be sent to the office location at 501 3rd Street, NW.,
Washington, DC 20001.
SUPPLEMENTARY INFORMATION:
Outline
1. What is today's action?
2. What information is EPA making available for review and
comment?
3. Where can I get the information?
4. How is this action related to the July 11, 2000 proposed
rule?
5. What is EPA not taking comment on?
6. What supporting documentation do I need to include in my
comments?
1. What Is Today's Action?
Today, we are making information available on foam blowing
applications that could be potentially affected by a Significant New
Alternatives Policy (SNAP) action under section 612 of the Clean Air
Act. The proposed action, published in the Federal Register on July 11,
2000 (65 FR 42653), addressed use of HCFCs in all foam end-uses. EPA
proposed 3 actions: (1) Listing HCFC-141b as unacceptable in all foam
end-uses, with existing users grandfathered until 2005; (2) listing
HCFC-22 and HCFC-142b as unacceptable in all foam end-uses, with
existing users grandfathered until 2005; and (3) listing HCFC-124 as
unacceptable in all foam end-uses (65 FR 42653). The Agency allowed 60
days for public comment and received 45 responses to the proposal by
the close of the comment period (September 11, 2000). The Agency
received comments from chemical manufacturers, appliance manufacturers,
spray foam manufacturers, associations, and others. Copies can be
obtained through the Air Docket by referencing A-2000-18, IV-D-1
through 45 (see ADDRESSES section above for docket contact info).
Since the comment period closed, EPA has acquired additional
information pertaining to the availability and technical viability of
alternatives and the market size and economic impact of the proposal on
various industries. This information was obtained through meetings held
at the request of industry representatives, letters sent through
congressional representatives, letters sent directly to the Agency, and
through EPA's own efforts to obtain additional information in order to
fully address comments received during the comment period. The purpose
of making data available for comment is to ensure that information
provided to the Agency since September 11, 2000 (the end of the comment
period) is accurate and complete. The information provided will be used
to help respond to comments and finalize the July 11, 2000 proposal.
2. What Information Is EPA Making Available for Review and Comment?
Since the comment period ended on September 11, 2000, EPA received
18 letters in response to the proposal mentioned above. These letters
can be obtained through the Air Docket, A-2000-18 reference number IV-
D-46 through 64. Many of these letters express concern over economic
impacts of the proposal including potential small business impacts. The
letters also address technical viability and availability of
alternatives. Notes from meetings requested by industry representatives
are also available in the Air Docket. In general, the purpose of these
meetings was for industry representatives to go over comments already
formally submitted to EPA and offer the Agency an opportunity to ask
clarifying questions. A summary of these meetings along with any new
information provided to the Agency during these meetings is available
through the Air Docket, A-2000-18 reference number IV-E-1 through 6.
The following items in the docket include technical information such as
industry overviews and surveys: Air Docket, A-2000-18 reference number
IV-D-55, IV-D-61, IV-D-76, IV-E-4, IV-E-6, 7, 8, 9.
EPA obtained additional information through attending public
conferences and literature reviews. Although this information is
publicly available, the Agency is including it in this notice because
some of the information may be used when the Agency takes final action
on the proposal. These documents can be obtained through the Air
Docket, A-2000-18 reference number IV-D-65 through 75.
Some comments received on the July 11, 2000 proposal suggested that
EPA developed the proposal without sufficient up-to-date information on
certain sectors of the foam industry. Comments also indicated that the
Agency should have evaluated the viability of alternatives in each foam
end-use application and the potential small business impacts of the
proposal. In an effort to address these concerns, the Agency hired a
consultant to gather additional information on certain sectors and is
making this information available to the public for review and comment
prior to taking final action on the July 11 proposal. The Agency is
seeking comments on the accuracy and thoroughness of the following
reports:
--Synopsis of comments received from the extruded polystyrene industry
--Overview of challenges facing the polyurethane spray foam industry
and other systems house based applications
(a) Comments from the polyurethane systems houses (non-spray foam)
(b) Comments from the polyurethane spray foam systems houses and
contractors
EPA has also summarized information available on all foam sectors
currently using HCFCs. This information is presented in table format
and is
[[Page 28410]]
available through Air Docket A-2000-18 reference number IV-D-79. The
table consolidates information obtained in response to the proposal
along with information collected during the development of the
documents outlined above. EPA is soliciting comment on the accuracy of
the information presented in the table. In addition to obtaining
comments on the accuracy of the information provided, the Agency would
like to know if there any other foam applications that use HCFC blowing
agents but are not listed in the table.
3. Where Can I Get the Information?
All of the information can be obtained through the Air Docket (see
ADDRESSES section above for docket contact info). The reports covering
the polystyrene, spray, sandwich panels and other foam applications can
be obtained through the docket. Reference numbers are as follows:
--Synopsis of comments received from the extruded polystyrene industry:
Air Docket A-2000-18 reference number IV-D-77
--Overview of challenges facing the polyurethane spray foam industry
and other systems house based applications: Air Docket A-2000-18
reference number IV-D-78
(a) Comments from the polyurethane systems houses (non-spray foam):
Air Docket A-2000-18 reference number IV-D-78a
(b) Comments from the polyurethane spray foam systems houses and
contractors: Air Docket A-2000-18 reference number IV-D-78b
4. How Is This Action Related to the July 11, 2000 Proposed Rule?
We are soliciting comment to ensure that we use the best
information available when making final decisions regarding the July
11, 2000 proposal. Because the information provided in this Federal
Register document will be used by EPA to addresses comments received on
the proposal, the Agency is providing the public with an opportunity to
comment on the quality of the available information. This information
will be used to ensure that issues relating to the technical viability
of alternatives and industry impacts are fully considered by EPA prior
to moving forward with a rulemaking in the foams sector.
5. What Is EPA Not Taking Comment On?
EPA is only accepting comments on accuracy and completeness of the
information outlined in today's Federal Register Notice. EPA is not
accepting comment on the following:
--HCFC foams proposal published on July 11, 2000 (65 FR 42653)
--HCFC production phaseout established in EPA's December 10, 1993
rulemaking (58 FR 65018)
--Allowance System for Controlling HCFC Production, Import and Export
(draft proposal that may be published during comment period on this
NODA)
6. What Supporting Documentation Do I Need To Include in My Comments?
Please provide any published studies or raw data supporting your
position.
Dated: May 4, 2001.
Paul Stolpman,
Director, Office of Atmospheric Programs, Office of Air and Radiation.
[FR Doc. 01-12896 Filed 5-22-01; 8:45 am]
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