[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67172-67174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22036]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7994-3]
Protection of Stratospheric Ozone: Notice of Data Availability;
Information Concerning the Current and Predicted Use of HCFC-22 and
HCFC-142b
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 concerning the current and projected use of
HCFC-22 and HCFC-142b, substances known to
[[Page 67173]]
deplete stratospheric ozone and scheduled to be phased out. As a Party
to the Montreal Protocol on Substances that Deplete the Ozone Layer
(``Montreal Protocol'') and consistent with the requirements of the
Clean Air Act Amendments of 1990 (``CAAA of 1990''), the United States
will meet its obligations to protect stratospheric ozone, including the
phasing out of all hydrochlorofluorocarbons (HCFCs). The next major
milestone for the HCFC phaseout occurs on January 1, 2010, when,
pursuant to EPA regulations, no person may produce HCFC-22 or HCFC-142b
except: for use in a process that results in the transformation or the
destruction of the HCFCs; for use in equipment manufactured before
January 1, 2010; or for export using either Article 5 allowances or
export production allowances. In addition, no person may import HCFC-22
or HCFC-142b other than transshipments, heels, or used HCFC-22 or HCFC-
142b except: for use in a process that results in the transformation or
destruction of the HCFCs; or for use in equipment manufactured prior to
January 1, 2010. EPA plans to issue regulations before January 1, 2010,
to set the level of the cap on production and import of HCFC-22 and
HCFC-142b that would go into effect on that date. Comments submitted in
response to today's Notice of Data Availability (NODA) may be used as
the Agency prepares that rulemaking.
Today, EPA is making available the report The U.S. Phaseout of
HCFCs: Projected Servicing Needs in the U.S. Air-Conditioning and
Refrigeration Sector, prepared by ICF Consulting. The information
gathered and presented in the report concerns air-conditioning end
uses, refrigeration end-uses, HCFC refrigerants, projected HCFC-22
scenarios, equipment beyond 2010, servicing needs beyond 2010, and
factors that affect projections. Because EPA plans to use this
information in the future when developing regulations, EPA wants to
provide the public with an opportunity to review the information and
submit comments. Readers should note that EPA will only consider
comments about the information presented in The U.S. Phaseout of HCFCs:
Projected Servicing Needs in the U.S. Air-Conditioning and
Refrigeration Sector and is not soliciting comments on any other topic.
In particular, EPA is not soliciting comments on the HCFC phaseout
established in EPA's December 10, 1993, rulemaking (58 FR 65018).
DATES: EPA will accept comments on the data through January 3, 2006.
ADDRESSES: Submit your comments, identified by EDocket ID No. OAR-2003-
0130 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Agency Web site: http://www.epa.gov/edocket. EDocket,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
Fax comments to (202) 566-1741.
Mail/Hand delivery: Submit comments to Air and Radiation
Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code
6102T, Washington, DC 20460, and Phone: (202) 566-1742.
Instructions: Direct your comments to EDocket ID No. OAR-2003-0130.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the Federal regulations.gov Web sites are
``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
If you send an e-mail comment directly to EPA without going through
EDOCKET or regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket visit
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR
38102).
Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the Air and Radiation Docket EPA/DC, EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is (202) 566-
1742.
FOR FURTHER INFORMATION CONTACT: Cindy Axinn Newberg, EPA,
Stratospheric Protection Division, Office of Atmospheric Programs,
Office of Air and Radiation (6205J), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, (202) 343-9729 or e-mail: [email protected].
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 phaseout of ozone-depleting
substances?
5. What should I consider as I prepare my comments for EPA?
6. What is EPA not taking comment on?
7. What supporting documentation do I need to include in my
comments?
8. Will there be other opportunities to provide comment on the
information?
1. What is today's Action?
EPA is issuing a NODA for public review and comment. In order to
meet U.S. obligations under the Montreal Protocol and consistent with
the CAAA of 1990, EPA is implementing a gradual phase out of HCFCs that
targets the most damaging HCFCs first. Interested readers may wish to
review previously published Federal Register notices concerning the
HCFC allowance system: the Final Rule (January 21, 2003; 68 FR 2819),
the Proposed Rule (July 20, 2001; 66 FR 38063), the Direct Final Rule
(June 17, 2004; 69 FR 34024), the Technical Correction of Final Rule
(July 16, 2003; 68 FR 41925), and the Advanced Notice of Proposed Rule
Making (April 5, 1999; 64 FR 16373). For more information on the HCFC
phaseout schedule, readers may consult the December 10, 1993 Federal
Register notice that established the current phaseout dates (58 FR
65018), as well as the March 18, 1993 Proposed Rule (58 FR 15014). The
next major milestone for
[[Page 67174]]
the phaseout is on January 1, 2010, when no person may produce HCFC-22
or HCFC-142b for any purpose other than:
For use in a process resulting in the transformation or
the destruction of the HCFCs,
For use in equipment manufactured before January 1, 2010,
or
For export using either Article 5 allowances or export
production allowances.
In addition, no person may import HCFC-22 or HCFC-142b other than
transshipments, heels or used HCFC-22 or HCFC-142b for any purpose
other than:
For use in a process resulting in the transformation or
destruction of the HCFCs, or
For use in equipment manufactured prior to January 1,
2010.
EPA intends to issue regulations prior to January 1, 2010 to set
the level of the cap on production and import of HCFC-22 and HCFC-142b
that will go into effect on that date. The level of the cap will take
into account the needs described above.
Today, EPA is making available information concerning current and
projected uses of HCFC-22 and HCFC-142b, the likely universe of
equipment manufactured before January 1, 2010 that may require
servicing with HCFC-22 or HCFC-142b between 2010 and 2020, and
information concerning the likely servicing needs for that equipment
between 2010 and 2020. This analysis focuses primarily on HCFC-22 (also
known as R-22) servicing needs in the air-conditioning and
refrigeration industry, the largest HCFC market and the largest
industry sector using HCFCs in the United States.
2. What information is EPA making available for review and comment?
EPA is making available for review and comment a draft report
prepared by ICF Consulting under contract to EPA, The U.S. Phaseout of
HCFCs: Projected Servicing Needs in the U.S. Air-Conditioning and
Refrigeration Sector.
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). A link to the report
The U.S. Phaseout of HCFCs: Projected Servicing Needs in the U.S. Air-
Conditioning and Refrigeration Sector will be on the EPA Web site:
www.epa.gov/ozone.
4. How is this action related to the phaseout of ozone-depleting
substances?
The table below summarizes the U.S. phaseout schedule for HCFCs, as
set forth in EPA regulations to ensure compliance with both the
Montreal Protocol and the CAAA of 1990. Readers should consult the
regulations at 40 CFR 82.16 for further details (e.g., exceptions for
amounts produced for export using certain specialized types of
allowances).
HCFC Phaseout Schedule
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Affected
Date substances Restriction
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Jan. 1, 2003.................. HCFC-141b........ No production and no
import of HCFC-141b.
Jan. 1, 2010.................. HCFC-142b, HCFC- No production and no
22. import of HCFC-142b
and HCFC-22, except
for use in equipment
manufactured before
1/1/2010.
Jan. 1, 2015.................. All Other HCFCs.. No production and no
import of any other
HCFCs, except for
use as a refrigerant
in equipment
manufactured before
1/1/2020.
Jan. 1, 2020.................. HCFC-142b, HCFC- No production and no
22. import of HCFC-142b
and HCFC-22.
Jan. 1, 2030.................. All Other HCFCs.. No production and no
import of any HCFCs.
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The information made available today concerns projections that will
assist EPA as it prepares to propose regulation concerning the January
1, 2010 milestone.
5. What should I consider as I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information or data you used that support
your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
6. 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 and contained
in the report The U.S. Phaseout of HCFCs: Projected Servicing Needs in
the U.S. Air-Conditioning and Refrigeration Sector. EPA is not
accepting comment on the following:
HCFC phaseout established in EPA's December 10, 1993
rulemaking (58 FR 65018),
The Allowance System for Controlling HCFC Production,
Import and Export, or
The commitments of the U.S. as a Party to the Montreal
Protocol.
7. What supporting documentation do I need to include in my comments?
Please provide any published studies or raw data supporting your
position.
8. Will there be other opportunities to provide comment on the
information?
EPA may schedule a public meeting for stakeholders concerning the
report, The U.S. Phaseout of HCFCs: Projected Servicing Needs in the
U.S. Air-Conditioning and Refrigeration Sector, after January 3, 2006
to continue a dialogue regarding the information presented in the
report. If a public meeting is scheduled, information concerning that
meeting will be available on the EPA Web site: www.epa.gov/ozone.
Dated: October 27, 2005.
Edward Callahan,
Acting Director, Office of Atmospheric Programs, Office of Air and
Radiation, U.S. Environmental Protection Agency.
[FR Doc. 05-22036 Filed 11-3-05; 8:45 am]
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