### 41173 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices

EPA–HQ–OECA–2009–0544, which is available for public viewing Online at http://www.regulations.gov, in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center 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 Reading Room is (202) 566–1744, and the telephone number for the Enforcement and Compliance Docket is (202) 566–1752.

Use EPA’s electronic docket and comment system at http:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and
to access those documents in the docket that are available electronically. Once in the system, select ‘‘ docket search, ’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at http://www.regulations.gov,
as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to http://www.regulations.gov.

Title: NESHAP for Stationary Combustion Turbines (Renewal).

ICR Numbers: EPA ICR Number 1967.04, OMB Control Number 2060–

0540.

ICR Status: This ICR is scheduled to expire on September 30, 2010. Under OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, and displayed either by publication in the Federal Register or by other appropriate means, such as on
the related collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR part 9.

Abstract: The affected entities are subject to the General Provisions of the NESHAP at 40 CFR part 63, subpart A, and any changes, or additions to the Provisions specified at 40 CFR part 63, subpart YYYY. Owners or operators of
the affected facilities must submit a onetime-only report of any physical or operational changes, initial performance tests, and periodic reports and results. Owners or operators are also required to
maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

Burden Statement: The annual public reporting and recordkeeping burden for
this collection of information is estimated to average 8 hours (rounded) per response. 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, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; 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.

Respondents/Affected Entities: Stationary combustion turbines.

Estimated Number of Respondents:

31.

Frequency of Response: Semiannually.

Estimated Total Annual Hour Burden:

435.

Estimated Total Annual Cost: $42,652, which includes $41,152 in labor costs, $1,500 in capital/startup costs and no operation and maintenance

costs.

Changes in the Estimates: There is no change in the labor hours to respondents in this ICR compared to the previous ICR. This is due to two considerations: (1) The regulations have not changed over the past three years and are not anticipated to change over the next three years; and (2) the growth rate for the industry is very low, negative or non-existent. Therefore, the labor hours in the previous ICR reflect the current burden to the respondents
and are reiterated in this ICR.

The increase in cost to the respondents and the Agency is due to labor rate adjustments to reflect the
most recent available estimates. Dated: July 9, 2010.
John Moses, Director, Collection Strategies Division.

[FR Doc. 2010–17278 Filed 7–14–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OAR–2010–0560; FRL–9175–9]**

**Call for Information: Information on**
**Greenhouse Gas Emissions Associated With Bioenergy and Other**  **Biogenic Sources**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Call for Information.

**SUMMARY :**  EPA is publishing this Call for
Information to solicit information and viewpoints from interested parties on approaches to accounting for greenhouse gas emissions from bioenergy and other biogenic sources. The purpose of this Call is to request comment on developing an approach for
such emissions under the Prevention of Significant Deterioration (PSD) and Title V Programs as well as to receive data
submissions about these sources and their emissions, general technical comments on accounting for these emissions, and comments on the underlying science that should inform possible accounting appoaches.

**DATES :**  Information and comments must be received on or before September 13,

2010.

**ADDRESSES :**  Submit your information, identified by Docket ID No. EPA–HQ– OAR–2010–0560, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov: Follow the online instructions for submitting comments.

• E-mail: GHGBiogenic@epa.gov.

• Fax: (202) 566–1741.

• Mail: EPA Docket Center, Attention Docket OAR–2010–0560, Mail code 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

• Hand/Courier Delivery: EPA Docket Center, Public Reading Room, Room 3334, EPA West Building, Attention Docket OAR–2010–0560, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for
deliveries of boxed information.

Instructions: Direct your information
and comments to Docket ID No. EPA– HQ–OAR–2010–0560. EPA’s policy is
that all information received will be included in the public docket without


### 41174 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices

1 GHG emissions from bioenergy and other biogenic sources are generated during the combustion or decomposition of biologically-based material, and include sources such as, but not limited to, utilization of forest or agricultural products for energy, wastewater treatment and livestock management facilities, landfills, and fermentation processes for ethanol production. 2 US EPA. 2010. Inventory of U.S. Greenhouse
Gas Emissions and Sinks: 1990–2008. U.S. EPA #430–R–10–06. Available in Docket at EPA–HQ–

OAR–2010–0560.

3 Intergovernmental Panel on Climate Change (IPCC). 1996. Revised 1996 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by
the National Greenhouse Gas Inventories Programme. Published: IGES, Japan. 3 Volumes. Available in Docket at EPA–HQ–OAR–2010–0560. change and may be made available
online at http://www.regulations.gov

, including any personal information provided, unless the information
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 http:// www.regulations.gov. The http:// www.regulations.gov Web site is an

‘‘ anonymous access ’’ system, 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 http:// www.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 or any form of encryption, and should be free of any
defects or viruses.

Docket: All documents in the docket
are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket
materials are available either electronically in http:// www.regulations.gov or in hard copy at EPA’s Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20004. This Docket Facility 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 :**  Jennifer Jenkins, Climate Change Division, Office of Atmospheric Programs (MC–6207J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–9361; fax number: (202) 343–2359; e-mail address: jenkins.jennifer@epa.gov. **SUPPLEMENTARY INFORMATION :** 

Table of Contents

I. General Information A. What is today’s action? B. What additional background information is EPA making available? C. Where can I get the information? D. What specific information is EPA seeking? E. What should I consider as I prepare my
information and comments for EPA? F. Submitting Confidential Business Information (CBI).

I. General Information

A. What is today’s action?

On June 3, 2010, EPA published the
final Prevention of Significant
Deterioration and Title V Greenhouse Gas Tailoring Rule (known hence forth as the Tailoring Rule) (75 FR 31514). In that Rule, EPA did not take action on a request from commenters to exclude

CO 2 emissions from biogenic fuels 1

. Instead, EPA explained that the legal basis for the Rule, reflecting specifically the overwhelming permitting burdens
that would be created under the statutory emissions thresholds, does not itself provide a rationale for excluding
all emissions of CO 2 from combustion of a particular fuel, even a biogenic one. The fact that the Tailoring Rule did not take final action one way or another concerning such an exclusion does not
mean that EPA has decided there is no basis for treating biomass CO 2 emissions differently from fossil fuel CO 2 emissions under the Clean Air Act’s PSD and Title V Programs. Further, in finalizing the Tailoring Rule, the Agency did not have sufficient
information to address the issue of the carbon neutrality of biogenic energy in any event.

This Call for Information serves as a first step for EPA in considering options for addressing emissions of biogenic

CO 2 under the PSD and Title V programs as indicated above.

Given the broad and complex nature of this issue, EPA also welcomes stakeholders to respond to this Call for Information by providing data
submissions about these sources and
their emissions and technical comments on approaches generally to accounting for GHG emissions from bioenergy and other biogenic sources. EPA requests that stakeholders provide relevant information on the underlying science that should inform possible accounting approaches.

In response to this Call for Information, interested parties are invited to assist EPA in the following: (1) Surveying and assessing the science by submitting research studies or other relevant information, and (2) evaluating different accounting approaches and options by providing policy analyses, proposed or published methodologies,
or other relevant information. Interested parties are also invited to submit data or
other relevant information about the current and projected scope of GHG emissions from bioenergy and other biogenic sources.

B. What additional background information is EPA making available?

National-level GHG inventories are a common starting point for evaluations and discussions of approaches to accounting for GHG emissions from bioenergy sources. EPA’s Inventory of
U.S. Greenhouse Gas Emissions and Sinks (the Inventory) 2 is an impartial, policy-neutral report that tracks annual GHG emissions including carbon dioxide (CO 2 ), methane (CH4 ), nitrous oxide (N 2 O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF 6 ). The United States has submitted the Inventory to
the Secretariat of the United Nations
Framework Convention on Climate Change (UNFCCC) under its obligation as a Party to the Convention every year since 1993. The UNFCCC, ratified by the United States in 1992, defines the overall framework for intergovernmental efforts to tackle the challenge posed by climate change. The Inventory submitted by the United States is consistent with national inventory data submitted by other UNFCCC Parties, and uses internationally accepted methodologies established by the Intergovernmental Panel on Climate Change (IPCC).

The Revised 1996 IPCC Guidelines (IPCC Guidelines) 3 provide methodologies for estimating all anthropogenic sources and sinks of GHG emissions at the national scale, classified into six broad sectors: Energy, Industrial Processes, Solvents and Other Product Uses, Agriculture, Land-Use Change and Forestry (LUCF), and Waste. The Energy Sector includes all GHGs


### 41175 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices

4 Ibid., Reference Manual (Vol. 3), Page 1.10.

5 Emissions of methane and nitrous oxide from the combustion of biomass for energy are included in the Energy Sector, however, because their magnitude is dependent on the specific way in which the fuel is burned (i.e., combustion technology and operating conditions), which cannot be known by analyzing the changes in the amount of carbon in standing biomass.

6 World Resources Institute/World Business Council on Sustainable Development. 2004. A Corporate Accounting and Reporting Standard. Available in Docket at EPA–HQ–OAR–2010–0560.

7 Letter from Mr. Daniel Fulton, President and CEO, Weyerhaeuser Corporation to Administrator Jackson, May 24, 2010. Available in Docket at EPA– HQ–OAR–2010–0560. emitted during the production, transformation, handling and consumption of energy commodities, including fuel combustion. The LUCF
Sector includes emissions and sequestration resulting from human activities which change the way land is
used or which affect the amount of biomass in existing biomass stocks. According to the IPCC Guidelines, CO 2 emissions from biomass combustion

‘‘ * * * should not be included in national

CO 2 emissions from fuel combustion. If energy use, or any other factor, is causing a long term decline in the total carbon embodied in standing biomass ( e.g. forests),
this net release of carbon should be evident
in the calculation of CO 2 emissions described in the Land Use Change and Forestry chapter. ’’ 4

Thus, at the national level, these CO 2 emissions are not included in the estimate of emissions from a country’s Energy Sector, even though the emissions physically occur at the time and place in which useful energy is being generated ( i.e., power plant or automobile). The purpose of this accounting convention is to avoid double-counting that would provide a misleading characterization of a country’s contribution to global GHG emissions ( i.e., to avoid having CO 2 emissions accounted both in the Energy Sector and the LUCF Sector). Carbon dioxide emissions from bioenergy sources are still reported as information items in the Energy Sector of the Inventory, but are not included in
national fuel-combustion totals to avoid this double-counting at the national
scale. 5

The IPCC Guidelines for National
Greenhouse Gas Inventories are relevant to today’s Call for Information because they have influenced subsequent reporting systems, such as the World
Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) protocols. 6 Additionally,
some stakeholders have identified the IPCC Guidelines and the Inventory as providing a foundational methodology for accounting for GHG emissions from bioenergy. 7 Separately, to assist interested parties in considering the broader issues pertaining to this Call for Information, EPA has assembled and placed into the
docket a set of documents relevant to the topic of today’s action. This
collection of documents is not intended to represent a complete or exhaustive set of materials, but rather serves as a starting point to provide further background information to interested parties regarding key concepts and scientific research. For example, the
Docket includes for review the following information:

• U.S. EPA. 2010. Inventory of U.S.
Greenhouse Gas Emissions and Sinks:

1990–2008. U.S. EPA #430–R–10–06.

• Intergovernmental Panel on Climate Change (IPCC). 1996. Revised 1996 IPCC
Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme. Published: IGES, Japan.

• IPCC. 2000. Special Report on Land Use, Land-Use Change, and Forestry. Watson, R., Noble, I., Bolin, B., Ravindranath, N., Verardo, D., and Dokken, D. (eds.). Cambridge: Cambridge University Press.

• IPCC. 2000. Good Practice Guidance and Uncertainty Management in National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme. Published: IGES, Japan.

• IPCC. 2003. Good Practice Guidance for Land Use, Land-Use Change and Forestry. Prepared by the National Greenhouse Gas Inventories Programme. Penman, J., Gytarsky, M., Krug, T., Kruger, D., Pipatti, R., Buendia, L., Miwa, K., Ngara, T., Tanabe, K. and Wagner, F. (eds.). Published: IGES, Japan.

• IPCC. 2006. 2006 IPCC Guidelines
for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme. Eggleston, H.S., Buendia, L., Miwa, K., Ngara, T. and Tanabe, K. (eds.). Published: IGES, Japan.

• World Resources Institute/World
Business Council on Sustainable Development. 2004. A Corporate Accounting and Reporting Standard.

• Letter from Mr. Daniel S. Fulton, President and CEO, Weyerhaeuser Corporation to Administrator Lisa P. Jackson. May 24, 2010.

• Response from Assistant Administrator Gina McCarthy to Mr. Fulton. June 2, 2010.

• Interim Phase I Report of the Climate Change Work Group of the Permits, New Source Review and Toxics Subcommittee, Clean Air Act Advisory Committee. February 3, 2010.

• Manomet Center for Conservation
Sciences. 2010. Massachusetts Biomass Sustainability and Carbon Policy Study: Report to the Commonwealth of Massachusetts Department of Energy Resources. Walker, T. (Ed.). Contributors: Cardellichio, P., Colnes, A., Gunn, J., Kittler, B., Recchia, C., Saah, D., and Walker, T. Natural Capital Initiative Report NCI–2010–03. Brunswick, Maine.

• USDA Forest Service, Pacific
Southwest Research Station. 2009. Biomass to Energy: Forest Management for Wildfire Reduction, Energy Production, and Other Benefits. California Energy Commission, Public Interest Energy Research (PIER) Program. CEC–500–2009–080.

• Searchinger, T., Hamburg, S., Melillo, J., Chameides, W., Havlik, P., Kammen, D., Likens, G., Lubowski, R., Obersteiner, M., Oppenheimer, W., Robertson, G.P., Schlesinger, W., Tilman, G.D. 2009. Fixing a critical climate accounting error. Science 326:

527–528.

• Meridian Institute. 2010. Summary of Bioenergy Greenhouse Gas Accounting Stakeholder Group Discussions. May 13, 2010. Washington,

DC.

C. Where can I get the information?

All of the information can be obtained through the Air Docket and at http:// www.regulations.gov (see **ADDRESSES** section above for docket contact information).

D. What specific information is EPA seeking?

As described in Section I.A, EPA is requesting two types of submissions via this Call for Information: (1) Technical
comments and data submissions related to the accounting for GHG emissions from bioenergy and other biogenic sources with respect specifically to the PSD and Title V Programs, and (2) more general technical comments and data submissions related to accounting for GHG emissions from bioenergy and other biogenic sources without reference to specific rulemaking efforts.

EPA is soliciting from interested parties information and views on topics and questions including, but not limited to the following:

• Biomass under PSD/BACT. What criteria might be used to consider biomass fuels differently with regard to the Best Available Control Technology (BACT) review process under PSD? How could the process of determining BACT under the PSD program allow for


### 41176 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices

adequate consideration of the impacts and benefits of using biomass fuels?

• National-scale carbon neutrality in
the IPCC Guidelines. In the IPCC accounting approach described in Section I.B, at the national scale
emissions from combustion for bioenergy are included in the LUCF Sector rather than the Energy Sector. To what extent does this approach suggest that biomass consumption for energy is

‘‘neutral ’’ with respect to net fluxes of

CO 2 ?

• Smaller-scale accounting approaches. The Clear Air Act (CAA) provisions typically apply at the unit, process, or facility scale, whereas the IPCC Guidance on accounting for GHG emissions from bioenergy sources was written to be applicable at the national
scale. EPA is interested in understanding the strengths andlimitations of applying the nationalscale IPCC approach to assess the net impact (i.e. accounting for both emissions and sequestration) on the atmosphere of GHG emissions from specific biogenic sources, facilities, fuels, or practices. To what extent is the accounting procedure in the IPCC Guidelines applicable or sufficient for such specific assessments?

• Alternative accounting approaches. Both a default assumption of carbon neutrality and a default assumption that the greenhouse gas impact of bioenergy is equivalent to that of fossil fuels may be insufficient because they oversimplify a complex issue. If this is the case, what alternative approaches or additional analytical tools are available for determining the net impact on the atmosphere of CO 2 emissions associated with bioenergy? Please comment specifically on how these approaches
address:
—The time interval required for

production and consumption of biological feedstocks and bioenergy products. For example, the concept of

‘‘ carbon debt’’ has been proposed as the length of time required for a regrowing forest to ‘‘pay back’’ the carbon emitted to the atmosphere when biomass is burned for energy. —The appropriate spatial/geographic

scale for conducting this determination. For example, the question of spatial scale has legal complications under the CAA, but may be relevant for some of the suggested approaches.

• Comparison with fossil energy. EPA is interested in approaches for assessing the impact on the atmosphere of emissions from bioenergy relative to emissions from fossil fuels such as coal, oil, and gas. What bases or metrics are appropriate for such a comparison?

• Comparison among bioenergy
sources. EPA is also interested in comments on accounting methods that might be appropriate for different types of biological feedstocks and bioenergy
sources. What bases or metrics are appropriate for such a comparison among sources? In other words, are all biological feedstocks (e.g. corn stover, logging residues, whole trees) the same,
and how do we know?

• Renewable or sustainable feedstocks. Specifically with respect to bioenergy sources (especially forest feedstocks), if it is appropriate to make
a distinction between biomass
feedstocks that are and are not classified

as ‘‘renewable ’’ or ‘‘ sustainable, ’’ what specific indicators would be useful in making such a determination?

• Other biogenic sources of CO 2

. Other biogenic sources of CO 2 (i.e., sources not related to energy production and consumption) such as landfills, manure management, wastewater treatment, livestock respiration, fermentation processes in ethanol production, and combustion of biogas not resulting in energy production (e.g., flaring of collected landfill gas) may be covered under certain provisions of the CAA, and guidance will be needed about exactly how to estimate them.
How should these ‘‘ other’’ biogenic CO 2 emission sources be considered and quantified? In what ways are these
sources similar to and different from bioenergy sources?

• Additional technical information. EPA is also interested in receiving quantitative data and qualitative information relevant to biogenic greenhouse gas emissions, including but not limited to the following topics:
—Current and projected utilization of

biomass feedstocks for energy.—Economic, technological, and landmanagement drivers for projected changes in biomass utilization rates. —Current and projected levels of GHG

emissions from bioenergy and other biogenic sources.—Economic, technological and landmanagement drivers for projected changes in emissions. —Current and projected C sequestration

rates in lands used to produce bioenergy feedstocks.—Economic, technological and landmanagement drivers for projected changes in sequestration rates. —The types of processes that generate

or are expected to generate emissions from bioenergy and other biogenic

sources. —The number of facilities that generate or are expected to generate such

emissions. —Emission factor information,

particularly for the biogenic CO 2 source categories of wastewater treatment, livestock management, and ethanol fermentation processes. —Potential impacts on specific

industries and particular facilities of various methods of accounting for biogenic GHG emissions. —Potential impacts of GHG emissions

from bioenergy and other biogenic
sources on other resources such as water availability and site nutrient quality. —Potential impacts of GHG emissions

from bioenergy and other biogenic sources on other air pollutants such as VOCs, other criteria pollutants, and particulate matter.

E. What should I consider as I prepare information 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. Provide specific examples to illustrate your concerns, suggestions,
and recommendations.

5. Offer alternatives, if possible, if a particular approach is criticized.

6. Make sure to submit your information by the deadline identified.

7. 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.

F. Submitting Confidential Business Information (CBI).

Do not submit information you are claiming as CBI to EPA through http:// www.regulations.gov or e-mail. Clearly mark the part of the information that you claim to be CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. For CBI information in a disk or CD ROM that you mail to EPA,
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 claimed as CBI. In addition to one complete version of the
comment that includes information claimed as CBI, a copy of the comment
that does not contain the information


### 41177 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Notices

claimed as CBI must be submitted for inclusion in the public docket.

Dated: July 9, 2010. Gina McCarthy, Assistant Administrator, Office of Air and
Radiation.

[FR Doc. 2010–17266 Filed 7–14–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[EPA–HQ–OAR–2010–0280; FRL–9173–9]**

**Protection of Stratospheric Ozone: Request for Methyl Bromide Critical**  **Use Exemption Applications for 2013**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of solicitation of applications and information on
alternatives.

**SUMMARY :**  EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2013. Critical use exemptions last only one year. All entities interested in obtaining a critical use exemption for 2013 must provide EPA with technical and economic information to support a

‘‘ critical use ’’ claim and must do so by the deadline specified in this notice even if they have applied for an exemption in a previous year. Today’s notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives. The U.S. critical use exemption program has
cushioned the U.S. transition in an important way. Thus far, EPA has allocated critical use methyl bromide through rulemaking for each of the six years (2005–2010) since the U.S. phaseout, and plans to do so for another four years (2011–2014). Critical use nominations must be approved each year at the international level by the Parties to the Montreal Protocol, and the U.S. is one of five remaining developed countries requesting such exemptions;
several of these countries have announced final dates for all or part of their requests in the years between now and 2015, the year that developing countries are required to phase out methyl bromide. While EPA with this notice is seeking applications for 2013 and will likely request applications for 2014, EPA believes it is appropriate at this time to consider a year in which the Agency will stop requesting applications for critical use exemptions.
EPA will seek comment on this issue in the proposed rule for the 2011 critical use exemption. **DATES :**  Applications for the 2013 critical use exemption must be postmarked on or before September 13, 2010.

**ADDRESSES :**  EPA encourages users to submit their applications electronically to Jeremy Arling, Stratospheric Protection Division, at arling.jeremy@epa.gov. If the application is submitted electronically, applicants must fax a signed copy of Worksheet 1 to 202–343–9055 by the application deadline. Applications for the methyl bromide critical use exemption can also be submitted by
mail to: U.S. Environmental Protection Agency, Office of Air and Radiation, Stratospheric Protection Division, Attention Methyl Bromide Team, Mail Code 6205J, 1200 Pennsylvania Ave, NW., Washington, DC 20460 or by courier delivery (other than U.S. Post Office overnight) to: U.S. Environmental Protection Agency, Office of Air and Radiation, Stratospheric Protection Division, Attention Methyl Bromide Review Team, 1310 L St., NW., Room 1047E, Washington, DC 20005.

**FOR FURTHER INFORMATION CONTACT :** 

General Information: U.S. EPA Stratospheric Ozone Information Hotline, 1–800–296–1996; also http:// www.epa.gov/ozone/mbr.

Technical Information: Bill Chism, U.S. Environmental Protection Agency, Office of Pesticide Programs (7503P), 1200 Pennsylvania Ave., NW., Washington, DC 20460, 703–308–8136. E-mail: chism.bill@epa.gov.

Regulatory Information: Jeremy Arling, U.S. Environmental Protection Agency, Stratospheric Protection Division (6205J), 1200 Pennsylvania Ave., NW., Washington, DC 20460, 202–

343–9055. E-mail: arling.jeremy@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

Table of Contents

I. What do I need to know to respond to this request for applications? A. Who can respond to this request for

information?
B. Who can I contact to find out if a

consortium is submitting an application form for my methyl bromide use? C. How do I obtain an application form for

the methyl bromide critical use exemption? D. What alternatives must applicants

address when applying for a critical use exemption? E. What portions of the applications will be

considered confidential business
information? F. What if I submit an incomplete

application? G. What if I applied for a critical use

exemption in a previous year? II. What is the legal authority for the critical use exemption? A. What is the Clean Air Act (CAA) authority for the critical use exemption? B. What is the Montreal Protocol authority

for the critical use exemption? III. How will the U.S. implement the critical use exemption in 2013 and beyond? A. What is the timing for applications for

the 2013 control period? B. How might EPA implement the critical

use exemption after the 2013 control period?

I. What do I need to know to respond to this request for applications?

A. Who can respond to this request for information?

Entities interested in obtaining a critical use exemption must complete the application form available at http://www.epa.gov/ozone/mbr. The application may be submitted either by a consortium representing multiple
users who have similar circumstances or by individual users who anticipate needing methyl bromide in 2013 and
have evaluated alternatives and as a result of that evaluation, believe they have no technically and economically feasible alternatives. EPA encourages groups of users with similar circumstances of use to submit a single application (for example, any number of pre-plant users with similar soil, pest, and climactic conditions can join together to submit a single application). In some instances, state agencies will assist users with the application process ( see discussion of voluntary state involvement in Part I.B. below).

In addition to requesting information from applicants for the critical use exemption, this solicitation for information provides an opportunity for any interested party to provide EPA with information on methyl bromide alternatives ( e.g., technical and/or economic feasibility research).

B. Who can I contact to find out whether a consortium is submitting an application for my methyl bromide use?

You should contact your local, state, regional, or national commodity association to find out whether it plans to submit an application on behalf of your commodity group.

Additionally, you should contact your state regulatory agency (generally this will be the state’s agriculture or environmental protection agency) to
receive information about its involvement in the process. If your state agency has chosen to participate, EPA recommends that you first submit your application to the state agency, which will then forward applications to EPA.
The National Pesticide Information
Center Web site identifies the lead pesticide agency in each state (http:// npic.orst.edu/state1.htm).