[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52403-52407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18932]
Federal Register / Vol. 69, No. 164 / Wednesday, August 25, 2004 /
Notices
[[Page 52403]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7802-2]
Protection of Stratospheric Ozone: Request for Information on
Existing and Available Stocks of Methyl Bromide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Section 114 information request.
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SUMMARY: With this action, EPA is requiring individuals or legal
entities that produce, import, distribute, sell, apply, or buy methyl
bromide to provide EPA with data on the amount of methyl bromide
material they hold for sale and amounts they hold for transfer to
another entity. EPA needs this information to promulgate a rule to
allow the continued production, consumption, and use of methyl bromide
for proposed critical uses exempted from the January 1, 2005 phaseout
of methyl bromide. This exemption for critical uses is allowed under
section 604 of the Clean Air Act (CAA) and the Montreal Protocol on
Substances that Deplete the Ozone Layer (``Montreal Protocol'').
Specifically, EPA requires the information specified in today's
notice to ensure the Agency has the most recent and complete
information on existing stocks of methyl bromide to use as a basis for
identifying the amount of stocks available for critical uses. In
addition, EPA will use this data to create baselines for the allocation
of critical stock allowances to identified inventory holders that wish
to sell methyl bromide to the critical use market and to determine how
much new production and consumption (defined as production plus imports
minus exports) of methyl bromide to authorize for critical uses in
2005. Further details on EPA's proposed action are described in the
notice of proposed rulemaking entitled ``Protection of Stratospheric
Ozone: Process for Exempting Critical Uses from the Phaseout of Methyl
Bromide'' published elsewhere in today's Federal Register.
EPA is authorized to obtain this information under section 114 of
the Clean Air Act.
FOR FURTHER INFORMATION CONTACT: For further information about this
information request, contact Hodayah Finman by telephone at (202) 343-
9246, or by e-mail at [email protected], or by mail at Hodayah
Finman, U.S. Environmental Protection Agency, Stratospheric Protection
Division, Stratospheric Program Implementation Branch (6205J), 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Overnight or courier
deliveries should be sent to 1310 L Street, NW., Washington, DC 20005
att: Hodayah Finman at 343-9410. You may also visit the Ozone Depletion
Web site of EPA's Stratospheric Protection Division at http://www.epa.gov/ozone for further information about EPA's Stratospheric
Ozone Protection regulations, the science of ozone layer depletion, and
other related topics.
SUPPLEMENTARY INFORMATION:
I. Background
Methyl bromide is an odorless, colorless, toxic gas, which is used
as a broad-spectrum pesticide and is controlled under the CAA as a
Class I ozone depleting substance (ODS). Methyl bromide is used in the
U.S. and throughout the world as a fumigant to control a wide variety
of pests such as insects, weeds, rodents, pathogens, and nematodes.
Additional characteristics and details about the uses of methyl bromide
can be found in the proposed rule on the phaseout schedule for methyl
bromide published in the Federal Register on March 18, 1993 (58 FR
15014), and the final rule published in the Federal Register on
December 10, 1993 (58 FR 65018). Information on methyl bromide can also
be found at the following sites of the World Wide Web: http://www.epa.gov/ozone/mbr and http://teap.org or by contacting the
Stratospheric Ozone Hotline at 1-800-296-1996.
Because it is a pesticide, methyl bromide is also regulated by EPA
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
and other statutes and regulatory authority and by states under their
own statutes and regulatory authority. Under FIFRA, methyl bromide is a
restricted use pesticide. Because of this status, a restricted use
pesticide is subject to certain federal and state requirements
governing its sale, distribution, and use. Nothing in this notice
implementing the Clear Air Act is intended to derogate from provisions
in any other federal, state, or local laws or regulations governing
actions including, but not limited to, the sale, distribution,
transfer, and use of methyl bromide.
Under the Clean Air Act, methyl bromide consumption and production
will be completely phased out on January 1, 2005, apart from allowable
exemptions, namely the critical use exemption and the quarantine and
pre-shipment exemption. Elsewhere in today's Federal Register, EPA is
proposing a rule containing the framework for how the critical use
exemption will operate as well as an allocation of allowances for the
amounts of methyl bromide that may be produced, imported, and sold for
proposed critical uses in 2005.
The current regulatory requirements of the Stratospheric Ozone
Protection Program that limit production and consumption of ozone
depleting substances can be found at 40 CFR part 82, subpart A. The
regulatory program was originally published in the Federal Register on
August 12, 1988 (53 FR 30566), in response to the 1987 signing of the
Montreal Protocol. The U.S. was one of the original signatories to the
1987 Montreal Protocol and the U.S. ratified the Protocol on April 21,
1988. Congress then enacted, and President Bush signed into law, the
Clean Air Act Amendments of 1990 that included Title VI on
Stratospheric Ozone Protection to ensure that the United States could
satisfy its obligations under the Protocol. EPA has made several
amendments to the regulations since that time.
Methyl bromide was added to the Protocol as an ozone depleting
substance in 1992 through the Copenhagen Amendment to the Protocol. The
Parties to the Protocol established a freeze in the level of methyl
bromide production and consumption for industrialized countries at the
1992 Meeting in Copenhagen. The Parties agreed that each industrialized
country's level of methyl bromide production and consumption in 1991
should be the baseline for establishing the freeze. EPA published a
final rule in the Federal Register on December 10, 1993 (58 FR 69235),
listing methyl bromide as a class I, Group VI controlled substance,
freezing U.S. production and consumption at this 1991 level, and, in
Sec. 82.7 of the rule, setting forth the percentage of baseline
allowances for methyl bromide granted to companies in each control
period (each calendar year) until the year 2001 (58 FR 65018). This
phaseout date was consistent with requirements under section 602(d) of
the CAA for newly listed class I ozone-depleting substances that ``no
extension under this subsection may extend the date for termination of
production of any class I substance to a date more than 7 years after
January 1 of the year after the year in which the substance is added to
the list of class I substances.'' Therefore, the 1993 regulation
established a United States phaseout for methyl bromide in 2001.
At their 1995 meeting, the Parties made adjustments to the methyl
bromide control measures and agreed to
[[Page 52404]]
reduction steps and a 2010 phaseout date for industrialized countries
with exemptions permitted for critical uses. At this time, the U.S.
continued to have a 2001 phaseout date in accordance with the Clean Air
Act language. At their 1997 meeting, the Parties agreed to further
adjustments to the phaseout schedule for methyl bromide in
industrialized countries, with reduction steps leading to a 2005
phaseout for industrialized countries. In October 1998, the U.S.
Congress amended subchapter VI of the CAA to prohibit the termination
of production of methyl bromide prior to January 1, 2005, to bring the
U.S. phaseout of methyl bromide in line with the global requirements
specified under the Protocol and to provide for the exemptions under
the Protocol. These amendments were contained in Section 764 of the
1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act
(Public Law 105-277, October 21, 1998) and were codified in section 604
of the CAA. On November 28, 2000, EPA issued regulations to amend the
phaseout schedule for methyl bromide and extend the complete phaseout
of production and consumption to 2005 (65 FR 70795).
Elsewhere in today's Federal Register, EPA is proposing to further
amend 40 CFR part 82 to implement an exemption to the 2005 phaseout of
methyl bromide that allows continued production and consumption of
methyl bromide for critical uses. Section 604(d)(6) of the Clean Air
Act provides that ``[t]o the extent consistent with the Montreal
Protocol, the Administrator, after notice and the opportunity for
public comment, and after consultation with other departments or
instrumentalities of the Federal Government having regulatory authority
related to methyl bromide, including the Secretary of Agriculture, may
exempt the production, importation, and consumption of methyl bromide
for critical uses.'' 42 U.S.C. 7671c(d)(6). Article 2H(5) of the
Montreal Protocol provides that the 2005 methyl bromide phaseout shall
not apply ``to the extent the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by
them to be critical uses.''
Both sections 604(d)(6) and 614(b) of the CAA address the
relationship between the Montreal Protocol and actions taken under
subchapter VI of CAA. Section 604(d)(6) addresses critical uses
specifically, while section 614(b) is more general in scope. Section
604(d)(6) states that ``to the extent consistent with the Montreal
Protocol,'' the Administrator may exempt methyl bromide for critical
uses. Section 614(b) states that Subchapter VI ``shall be construed,
interpreted, and applied as a supplement to the terms and conditions of
the Montreal Protocol, as provided in Article 2, paragraph 11 thereof,
and shall not be construed, interpreted, or applied to abrogate the
responsibilities or obligations of the United States to implement fully
the provisions of the Montreal Protocol. In case of a conflict between
any provision of this subchapter and any provision of the Montreal
Protocol, the more stringent provision shall govern.''
EPA must take into account not only the text of Article 2H but also
the related Decisions of the Protocol Parties that interpret that text.
Under customary international law, as codified in the 1969 Vienna
Convention on the Law of Treaties (8 International Legal Materials 679
(1969)) both the treaty text and the practice of the parties in
interpreting that text form the basis for its interpretation. Although
the United States is not a party to the 1969 Convention, the United
States has regarded it since 1971 as ``the authoritative guide to
current treaty law and practice.'' See Secretary of State William D.
Rodgers to President Richard Nixon, October 18, 1971, 92d Cong., 1st
Sess., Exec. L (November 22, 1971). Specifically, Article 31(1) of the
Vienna Convention provides that ``[a] treaty shall be interpreted in
good faith in accordance with the ordinary meaning to be given to the
terms of the treaty in their context and in light of its object and
purpose.'' Article 31(3) goes on to provide that ``[t]here shall be
taken into account, together with the context: (a) Any subsequent
agreement between the parties regarding the interpretation of the
treaty or the application of its provisions.'' In the current
circumstances Decisions of the Parties can be construed as subsequent
consensus agreements among the Parties to the Montreal Protocol,
including the United States, regarding the interpretation and
application of the Protocol.
In accordance with Article 2H(5), the Parties have issued several
Decisions pertaining to the critical use exemption. At their Ninth
Meeting in 1997, the Parties issued Decision IX/6 which established
criteria applicable to the critical use exemption. In paragraph 1 of
Decision IX/6, the Parties agreed as follows:
(a) That a use of methyl bromide should qualify as ``critical''
only if the nominating Party determines that:
(i) The specific use is critical because the lack of
availability of methyl bromide for that use would result in a
significant market disruption; and
(ii) There are no technically and economically feasible
alternatives or substitutes available to the user that are
acceptable from the standpoint of environment and health and are
suitable to the crops and circumstances of the nomination;
(b) That production and consumption, if any, of methyl bromide
for critical uses should be permitted only if:
(i) All technically and economically feasible steps have been
taken to minimize the critical use and any associated emission of
methyl bromide;
(ii) Methyl bromide is not available in sufficient quantity and
quality from existing stocks of banked or recycled methyl bromide,
also bearing in mind the developing countries' need for methyl
bromide;
(iii) It is demonstrated that an appropriate effort is being
made to evaluate, commercialize and secure national regulatory
approval of alternatives and substitutes, taking into account the
circumstances of the nomination * * * Non-Article V [Developed
country] parties must demonstrate that research programmes are in
place to develop and deploy alternatives and substitutes * * *
The Parties also agreed in Decision IX/6 that the technical panel that
reviews nominations and makes recommendations to the Parties regarding
approval of critical use exemptions, would base its review and
recommendations on the criteria in paragraphs (a)(ii) and (b). The
criterion in paragraph (a)(i) was not subject to review by this
technical panel.
The procedural requirements for the critical use exemption are also
delineated in Decision IX/6 of the Parties to the Protocol. As applied
in the United States, users of methyl bromide who believe they may meet
the criteria to qualify for a critical use exemption may make an
application to EPA for inclusion in the U.S. nomination of critical
uses. Starting in 2002, EPA began notifying applicants as to the
availability of the application, and the deadline to apply, with a
notice in the Federal Register (68 FR 24737) and an announcement on the
methyl bromide Web site at http://www.epa.gov/ozone/mbr. Applicants for
the critical use exemption must provide information demonstrating to
the U.S. government that the specific use of methyl bromide is critical
because (1) the lack of availability of methyl bromide for that use
would result in significant market disruption, and (2) the applicants
have no technically and economically feasible alternatives or
substitutes to methyl bromide available to them that are acceptable
from the standpoint of environment and health and are suitable to the
crops of circumstances of use.
[[Page 52405]]
Applicants for the exemption must also submit information on their use
of methyl bromide, on research into the use of alternatives to methyl
bromide, on efforts to minimize use of methyl bromide and to reduce
emissions and on the specific technical and economic results of testing
alternatives to methyl bromide. Applicants may apply as individuals or
as part of a group of users (a ``consortium'') who face the same
limiting critical conditions (i.e. specific conditions which establish
a critical need for methyl bromide).
The U.S. government reviews applications and creates a package for
submission to the Ozone Secretariat of the Protocol for uses nominated
as having a critical need for methyl bromide beyond the phaseout. Each
Party must justify such a request by determining that (1) the specific
use is critical because the lack of availability of methyl bromide for
that use would result in significant market disruption; and (2) there
are no technically and economically feasible alternatives or
substitutes available that are acceptable from the standpoint of
environment and health and are suitable to the crops and circumstances
of the nomination. Based on the recommendations of a technical panel of
the Ozone Secretariat, the Parties to the Protocol, at their annual
meetings, take decisions to authorize critical use exemptions.
At the First Extraordinary Meeting of the Parties in March of 2004,
the Parties issued several decisions that address the agreed critical
uses, the allowable levels of new production and consumption for
critical uses, the conditions for granting critical use exemptions, and
reporting obligations. Decision Ex. I/3 covers the agreed critical uses
and allowable levels of new production and consumption for the year
2005. This Decision includes the following terms:
1. For the agreed critical uses set forth in annex II A to the
report of the First Extraordinary Meeting of the Parties to the
Montreal Protocol for each Party, to permit, subject to the conditions
set forth in decision Ex. I/4, the levels of production and consumption
set forth in annex II B to the present report which are necessary to
satisfy critical uses, with the understanding that additional levels
and categories of uses may be approved by the Sixteenth Meeting of the
Parties in accordance with decision IX/6;
2. That a Party with a critical-use exemption level in excess of
permitted levels of production and consumption for critical uses is to
make up any such difference between those levels by using quantities of
methyl bromide from stocks that the Party has recognized to be
available;
3. That a Party using stocks under paragraph 2 above shall prohibit
the use of stocks in the categories set forth in annex II A to the
report of the First Extraordinary Meeting of the Parties to the
Montreal Protocol when amounts from stocks combined with allowable
production and consumption for critical uses exceed the total level for
that Party set forth in annex II A to the present report;
4. That Parties should endeavor to allocate the quantities of
methyl bromide recommended by the Technology and Economic Assessment
Panel as listed in annex II A to the report of the First Extraordinary
Meeting of the Parties;
5. That each Party which has an agreed critical use should ensure
that the criteria in paragraph 1 of decision IX/6 are applied when
licensing, permitting or authorizing the use of methyl bromide and that
such procedures take into account available stocks. Each Party is
requested to report on the implementation of the present paragraph to
the Ozone Secretariat;
The agreed critical uses and allowable levels of production and
consumption are set forth in annexes to the Parties' report. Decision
Ex I/4 addresses the conditions for granting and reporting critical-use
exemption for methyl bromide.
Decisions IX/6, Ex. I/3, and Ex. I/4 are subsequent consensus
agreements of the Parties that address the interpretation and
application of the critical use provision in Article 2H(5) of the
Protocol. For example, Decision Ex. I/3 reflects a decision called for
by the text of Article 2H(5) where the parties are directed to ``decide
to permit the level of production or consumption that is necessary to
satisfy uses agreed by them to be critical uses.'' EPA intends to
follow the terms of Decisions IX/6, Ex. I/3, and Ex. I/4. This would
ensure consistency with the Montreal Protocol and satisfy the
requirements of section 604(d)(6) and Section 614(b) of the CAA.
Decision Ex. I/3 recognizes that article 2H(5) of the Protocol
contemplates that the Parties will make two separate determinations
when establishing the critical use exemption. First, the Parties agree
on the total amount and categories of uses that are deemed critical
under the criteria established in Decision IX/6. Second, the Parties
determine the maximum level of new production and consumption that
should be permitted because it is necessary to satisfy those critical
uses. Under paragraph 1 of Decision Ex. I/3, the first of these
determinations (the ``agreed critical uses'') is reflected in annex II
A to the report of the First Extraordinary Meeting of the Parties. For
the United States, the Parties agreed to 16 critical uses for methyl
bromide and authorized use of 8,942 metric tons of methyl bromide for
these critical uses. The second of these determinations is set forth in
annex II B which allows the United States 7,659 metric tons of
production and consumption of methyl bromide to satisfy critical uses.
Where the level of agreed critical uses exceeds the level of new
production and consumption determined by the Parties to be necessary to
satisfy those uses, a Party is to utilize available stocks of methyl
bromide to fill the gap. Decision Ex. I/3, para. 2. Parties are to
ensure that the total use of methyl bromide material supplied from
existing stocks and new production and consumption does not exceed the
overall level of use agreed to be critical. Decisions Ex. I/3, para. 3.
Thus, Decision Ex. I/3 establishes two caps with respect to methyl
bromide for 2005--one on the level of new production and consumption
for critical uses and one on the total usage of methyl bromide in the
agreed critical use categories.
Under Decision Ex I/3, the United States is allowed to use a total
of 8,942 metric tons of methyl bromide in 2005 to satisfy critical
uses. In accordance with Decision Ex I/3, the quantity of new
production and consumption in combination with the amount of stocks
determined to be available for the specified critical uses cannot
exceed for 2005 the amount of 8,942 metric tons. Because of the cap on
the amount of methyl bromide available for the specified critical uses,
EPA will not authorize new production and consumption that, when
combined with use of available stocks, would exceed the agreed critical
use level of 8,942 metric tons. The methyl bromide to satisfy those
uses may be derived from available stocks of material or new production
and consumption. The upper limit on the amount of new production and
consumption for the specified critical uses is 7,659 metric tons.
However, this level of new production and consumption was authorized by
the Parties subject to compliance with the conditions set forth in
Decisions Ex. I/3 and Ex. I/4. One of these conditions, in paragraph 5
of Decision Ex. I/3, provides that ``each Party which has an agreed
critical use should ensure that the criteria in paragraph 1 of decision
IX/6 are applied when licensing, permitting or authorizing the use of
methyl bromide
[[Page 52406]]
and that such procedures take into account available stocks.'' Thus, in
deciding the level of new production and consumption allowed in the
United States, EPA is proposing to consider the amount of methyl
bromide from stocks recognized by EPA to be ``available'' for critical
uses.
In addition, to prevent the total use levels of methyl bromide from
exceeding the critical use cap, Paragraph 3 of Decision Ex I/3 requires
that Parties prohibit the use of stocks of methyl bromide under certain
circumstances. This provision states ``that a Party using stocks under
paragraph 2 above shall prohibit the use of stocks in the categories
set forth in annex II A to the report of the First Extraordinary
Meeting of the Parties to the Montreal Protocol when amounts from
stocks combined with allowable production and consumption exceed the
total level for that Party set forth in annex II A to the present
report.'' This restriction applies in countries where methyl bromide
material necessary to meet the agreed critical uses is derived from a
combination of available stocks and new production or imports. In this
situation, a Party may not allow the total amount of material supplied
from stocks and new production and consumption to exceed the level of
use for categories determined by the Parties to be critical. This
restriction is necessary to ensure that a Party's total level of use in
critical use categories does not exceed the level which formed the
basis for the Parties' decision to authorize new production and
consumption at particular levels. This limitation was deemed to be a
necessary condition applicable to Parties authorized under the critical
use exemption to produce or import a dedicated supply of methyl bromide
to meet critical needs after the 2005 phaseout of methyl bromide.
Thus, in accordance with Decision Ex. I/3, if EPA authorizes new
production and consumption to supplement available stocks, EPA will
restrict the use of existing stocks of methyl bromide in cases where
use of stocks combined with the authorized level of new production and
consumption could exceed the critical use cap. In light of the Parties'
agreement in Decision Ex. I/3 that such a restriction is needed to
implement Article 2H(5) of the Protocol, EPA is authorized under
sections 604(b)(6) and 614(b) of the Clean Air Act to regulate the use
of existing stocks of methyl bromide. EPA's power under section
604(b)(6) to exempt new production, importation, and consumption of
methyl bromide for critical uses exists ``to the extent consistent with
the Montreal Protocol.'' 42 U.S.C. 7671c(b)(6). Because the Parties
have interpreted the Protocol to impose such a use restriction as a
condition for the authorization of new production and consumption for
critical uses, EPA will adhere to the same restriction in its domestic
implementation of the critical use exemption. This adherence is
consistent with section 614(b) of the Clean Air Act. 42 U.S.C.
7671m(b).
II. Basis for Information Request
In this document, EPA is seeking recent and complete information on
existing stocks of methyl bromide. EPA is requesting the data described
in today's action to (a) determine the amount of total existing and
available stocks in the U.S., (b) identify all parties that hold stocks
and are entitled to receive critical stock allowances and (c) to
develop baselines for the allocation of critical stock allowances to
pre-phaseout inventory holders.
Under EPA's proposed rule to implement the critical use exemption
published elsewhere in today's Federal Register, to sell methyl bromide
that was legally produced or imported before January 1, 2005 (pre-
phaseout inventories), to the critical use market a seller must hold
and expend a critical stock allowance. EPA is further proposing to
distribute critical stock allowances to persons who respond to this
action on a pro rata basis relative to the amounts of the total
inventory held by each respondent.
III. Statutory Authority
The Agency requests this information under section 114 of the Clean
Air Act, which authorizes EPA to obtain information, even confidential
business information, needed to carry out the provisions of the Act.
IV. Information Requested
A. Affected Entities
EPA is requiring that individuals or legal entities that are
holding stocks of methyl bromide for sale or for transfer, provide EPA
with the data specified in section IV.C. of this notice. Sale refers to
stocks of methyl bromide, or fumigation services with stocks of methyl
bromide, that the holder may have chose to provide to another entity in
exchange for monetary or other compensation. Transfer refers to stocks
of methyl bromide that have already been sold but not yet delivered to
the purchaser, or fumigation services with stocks of methyl bromide
that have been contracted for but not yet applied/fumigated, and
therefore are held in physical possession by one entity or individual
on behalf of another. Individuals or entities that may hold stocks for
sale or transfer include entities that produce, import, distribute,
sell, apply or buy methyl bromide. If an individual or entity is not in
physical possession of stocks for sale or stocks for transfer, no
response to EPA is required.
To avoid double counting existing inventories, EPA is requesting
data only from entities that are in physical possession of stocks that
are for sale or for transfer. For example, end users of methyl bromide
who contract with an applicator or other distributor for fumigation
with methyl bromide as described in the following paragraph are not
affected by this notice because they are not holding the physical
stocks. In this example, the applicator or distributor would provide
information to EPA on the amount of methyl bromide he is holding for
transfer to the end user and the end user would not have any reporting
obligation to EPA.
In addition to stocks held for sale, EPA is seeking data on the
quantities of methyl bromide that are being held for transfer so that
the Agency may have a complete understanding of how much methyl bromide
is in the existing national inventory. Stocks held for transfer may be
a significant part of national methyl bromide inventories because of
the prevalence of forward contracting in this industry. End users
typically contract for a specified number of fumigations and/or amount
of methyl bromide months or more in advance of the actual fumigation.
Therefore, there may be sizable quantities of methyl bromide in
national inventories as of the date of today's notice that are part of
the existing inventory. Failure by EPA to fully account for the total
existing stock could result in an underestimate of available stocks and
the issuance of too few critical stock allowances.
B. Methyl Bromide
For purposes of this request, methyl bromide means the active
ingredient methyl bromide (CH3Br) that is contained in a
pesticide product (either end use or manufacturing use) or intended for
use in a pesticide product. For purposes of calculating the amounts of
methyl bromide, the respondent shall not include other inert or active
ingredients that may be mixed with methyl bromide in a pesticide
product.
C. Data Required
EPA is requiring that each affected entity (as defined in section
IV.A.) provide the following data:
i. The total quantity of methyl bromide (in kilograms) that was in
your
[[Page 52407]]
possession or held by you (regardless of whether held for your benefit
or on behalf of another person) as of December 31, 2003;
ii. The total quantity of methyl bromide (in kilograms) that was in
your possession or held by you (regardless of whether held for your
benefit or on behalf of another person) as of the date of this notice;
iii. The total quantity of methyl bromide (in kilograms) identified
in response to paragraphs i and ii. above that is designated as having
been produced for use in accordance with the exemption for quarantine
and preshipment applications (QPS),
iv. The total quantity of methyl bromide (in kilograms) identified
in response to paragraph i. and ii. above that is designated as having
been produced with expended Article 5 allowances explicitly for export
to developing countries.
D. Confidential Business Information
Anyone submitting information must assert a claim of
confidentiality for any data it wishes to have treated as confidential
business information (CBI) under 40 CFR part 2, subpart B. The EPA will
disclose information identified as CBI only to the extent allowed by
the procedures set forth in 40 CFR part 2, subpart B. Failure to assert
a claim of confidentiality at the time of submission may result in
disclosure of the information by the Agency without further notice. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI).
Under section 157(b) of the Clean Air Act, ICF Consulting is hereby
designated as an Authorized Representative of the Administrator of the
United States Environmental Protection Agency for the purpose of
assisting EPA in the development and implementation of national
regulations for protection of stratospheric ozone, including the
development of critical stock allowance baselines and allocations.
The Authorized Representative, under EPA contract 68-W-02-028, may
have access to any information received by the EPA to aid the Agency in
analytical tasks associated with the critical use exemption to the
phaseout of methyl bromide including, but not limited to, analyzing
baselines, verifying data, and cross referencing information. Access to
confidential business information is necessary so that ICF Consulting
may carry out work required by the contract.
Authorized representatives of the Administrator are subject to the
provisions of 42 U.S.C. 7414(c) respecting confidential business
information as implemented by 40 CFR 2.301(h).
E. Submission of Data
The data required under this request must be submitted to EPA by
September 23, 2004. All responsive information must be sent to the
address listed under the FOR FURTHER INFORMATION CONTACT section of
this action.
Your response must be signed by a responsible officer of your
company who shall make the following certification: ``I certify under
penalty of law that I have personally examined and am familiar with the
information submitted in this and all attached documents, and that
based on my inquiry of those individuals immediately responsible for
obtaining the information, I believe that the submitted information is
true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility
of fine and imprisonment.''
V. Additional Information
Paperwork Reduction Act
The information collection requirements in this request have been
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. and has been
assigned OMB control number 2060-0557.
The information collection under this notice and the accompanying
proposed rule is authorized under sections 114, 603(b), 603(d), and 614
of the Clean Air Act (CAA).
EPA estimates that the total burden associated with the response to
this notice is 135 hours. This estimate is based on EPA's understanding
that there are approximately 54 potential respondents to today's action
and the Agency's estimate that the average response will be 2.5 hours
per entity.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information; process and maintain information; disclose and
provide information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, including the use of automated collection
techniques, EPA has established a public docket for the proposed rule
published elsewhere in today's Federal Register, which includes this
ICR, under Electronic Docket ID number OAR-2003-0230. Submit any
comments related to the rule ICR for this notice to EPA and OMB. See
Addresses Section at the beginning of this notice for where to submit
comments to EPA. Send comments to OMB at the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington D.C.20503 attn: Desk Officer for EPA. Include the EPA
ICR number (2157.01) in correspondence related to this ICR.
As noted above, respondents may assert claims of business
confidentiality for any of the information they submit. Information
claimed confidential will be treated in accordance with the procedures
for handling information claimed as confidential under 40 CFR part 2,
subpart B, and will be disclosed only to the extent, and by means of
the procedures, set forth in that subpart. If no claim of
confidentiality is asserted when the information is received by EPA, it
may be made available to the public without further notice to the
respondents (40 CFR 2.203).
Dated: August 11, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-18932 Filed 8-24-04; 8:45 am]
BILLING CODE 6560-50-P