30852 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

Department of Environmental Conservation. 

The following sections of Title 6, Chapter III: 

Subchapter A. Prevention and Control of Air 

Contamination and Air Pollution 

Part 200. General Provisions 

6 NYCRR 200.1. Definitions (effective 4/2/ 

2020) 

6 NYCRR 200.3. False Statement (effective 

6/16/1972) 

6 NYCRR 200.4. Severability (effective 8/9/ 

1984) 

6 NYCRR 200.6. Acceptable Ambient Air 

Quality (effective 4/6/1983) 

6 NYCRR 200.7. Maintenance of 

Equipment (effective 2/22/1979) 

6 NYCRR 200.9. Referenced Material 

(effective 2/11/2021) 

Part 201. Permits and Certificates 

6 NYCRR 201–1.1. Purpose and 

applicability (effective 2/22/2013) 

6 NYCRR 201–1.4. Malfunctions and startup/shutdown activities (effective 2/25/ 

2021) 

6 NYCRR 201–1.5. Emergency defense 

(effective 2/25/2021) 

6 NYCRR 201–1.7. Recycling and salvage 

(effective 2/22/2013) 

6 NYCRR 201–1.8. Prohibition of 

reintroduction of collected contaminants 

to the air (effective 2/22/2013) 

6 NYCRR 201–1.11. Temporary emission 

sources (effective 2/25/2021) 

6 NYCRR 201–1.12. Suspension, 

reopening, reissuance, modification, or 

revocation of air permits (effective 2/25/ 

2021) 

6 NYCRR 201–2. Definitions (effective 2/ 

25/2021) 

6 NYCRR 201–4. Minor Facility 

Registration (effective 2/25/2021) 

6 NYCRR 201–5. State Facility Permits 

(effective 2/25/2021) 

6 NYCRR 201–6. Title V Facility Permits 

(effective 2/25/2021) 

6 NYCRR 201–7. Federally Enforceable 

Emission Caps (effective 2/25/2021) 

6 NYCRR 201–8. General Permits (effective 

2/22/2013) 

6 NYCRR 201–9. Tables (effective 2/25/ 

2021) 

Part 202. Emissions Verification 

6 NYCRR 202–1. Emissions Testing, 

Sampling and Analytical Determinations 

(effective 9/30/2010) 

6 NYCRR 202–2. Emission Statements 

(effective 12/3/2020) 

Part 207. Control Measures for an Air 

Pollution Episode (effective 2/22/1979) 

Part 211. General Prohibitions (effective 1/1/ 

2011) 

Part 212. Process Operations (effective 6/13/ 

2015) 

Part 215. Open Fires (effective 10/14/2009) 

Part 219. Incinerators 

6 NYCRR 219–1. Incineration—General 

Provisions (effective 3/15/2020) 

6 NYCRR 219–2. Municipal and Private 

Solid Waste Incineration Facilities 

(effective 5/21/2005) 

6 NYCRR 219–10. Reasonably Available 

Control Technology (RACT) For Oxides 

of Nitrogen (NOX) at Municipal and 

Private Solid Waste Incineration Units 

(effective 3/15/2020) 

Part 221. Asbestos-Containing Surface 

Coating Material (effective 9/29/1972) 

Part 222. Distributed Generation Sources 

(effective 3/26/2020) 

Part 225. Fuel Consumption and Use 

6 NYCRR 225–1. Fuel Composition and 

Use—Sulfur Limitations (effective 2/4/ 

2021) 

6 NYCRR 225–2. Fuel Composition and 

Use—Waste Oil as a Fuel (effective 4/2/ 

2020) 

6 NYCRR 225–3. Fuel Composition and 

Use—Gasoline (effective 11/4/2001) 

6 NYCRR 225–4. Motor Vehicle Diesel Fuel 

(effective 5/8/2005) 

Part 226. Solvent Metal Cleaning Processes 

and Industrial Cleaning Solvents 

(effective 11/1/2019) 

Part 227. Stationary Combustion Installations 

6 NYCRR 227–1. Stationary Combustion 

Installations (effective 2/25/2000) 

6 NYCRR 227–2. Reasonably Available 

Control Technology (RACT) for Major 

Facilities of Oxides of Nitrogen (NOX) 

(effective 12/7/2019) 

6 NYCRR 227–3. Ozone Season Oxides of 

Nitrogen (NOx) Emission Limits for 

Simple Cycle and Regenerative 

Combustion Turbines (effective 1/16/ 

2020) 

Part 228. Surface Coating Processes, 

Commercial and Industrial Adhesives, 

Sealants and Primers (effective 6/5/2013) 

Part 229. Petroleum and Volatile Organic 

Liquid Storage and Transfer (effective 4/ 

4/1993) 

Part 230. Gasoline Dispensing Sites and 

Transport Vehicles (effective 2/11/2021) 

Part 231. New Source Review for New and 

Modified Facilities 

6 NYCRR 231–3. General Provisions 

(effective 2/25/2021) 

6 NYCRR 231–4. Definitions (effective 2/ 

25/2021) 

6 NYCRR 231–5. New Major Facilities and 

Modifications to Existing Non-Major 

Facilities in Nonattainment Areas, and 

Attainment Areas of the State Within the 

Ozone Transport Region (effective 2/25/ 

2021) 

6 NYCRR 231–6. Modifications to Existing 

Major Facilities in Nonattainment Areas 

and Attainment Areas of the State 

Within the Ozone Transport Region 

(effective 2/25/2021) 

6 NYCRR 231–7. New Major Facilities and 

Modifications to Existing Non-Major 

Facilities in Attainment Areas 

(Prevention of Significant Deterioration) 

(effective 2/25/2021) 

6 NYCRR 231–8. Modifications to Existing 

Major Facilities in Attainment Areas 

(Prevention of Significant Deterioration) 

(effective 2/25/2021) 

6 NYCRR 231–9. Plantwide Applicability 

Limitation (PAL) (effective 2/25/2021) 

6 NYCRR 231–10. Emission Reduction 

Credits (ERCs) (effective 2/25/2021) 

6 NYCRR 231–11. Permit and Reasonable 

Possibility Requirements (effective 2/25/ 

2021) 

6 NYCRR 231–12. Ambient Air Quality 

Impact Analysis (effective 2/25/2021) 

6 NYCRR 231–13. Tables and Emission 

Thresholds (effective 2/25/2021) 

Part 241. Asphalt Pavement and Asphalt 

Based Surface Coating (effective 1/1/ 

2011) 

Part 242. CO2 Budget Trading Program 

6 NYCRR 242–1. CO2 Budget Trading 

Program General Provisions (effective 

12/31/2020) 

6 NYCRR 242–2. CO2 Authorized Account 

Representative for CO2 Budget Sources 

(effective 12/31/2020) 

6 NYCRR 242–3. Permits (effective 1/1/ 

2014) 

6 NYCRR 242–4. Compliance Certification 

(effective 1/1/2014) 

6 NYCRR 242–5. CO2 Allowance 

Allocations (effective 12/31/2020) 

6 NYCRR 242–6. CO2 Allowance Tracking 

System (effective 12/31/2020) 

6 NYCRR 242–7. CO2 Allowance Transfers 

(effective 1/1/2014) 

6 NYCRR 242–8. Monitoring and Reporting 

(effective 12/31/2020) 

6 NYCRR 242–10. CO2 Emissions Offset 

Projects (effective 12/31/2020) 

Part 243. CSAPR NOX Ozone Season Group 

2 Trading Program (effective 1/2/2019) 

Part 244. CSAPR NOX Annual Trading 

Program (effective 1/2/2019) 

Part 245. CSAPR SO2 Group 1 Trading 

Program (effective 1/2/2019) 

Subchapter B. Air Quality Classifications 

and Standards 

Part 256. Air Quality Classifications System 

(effective 5/1/1972) 

Part 257. Air Quality Standards 

6 NYCRR 257–1. Air Quality StandardsGeneral (effective 12/6/2019) 

6 NYCRR 257–2. Air Quality StandardsSulfur Dioxide (SO2) (effective 3/18/ 

1977) 

6 NYCRR 257–3. Air Quality StandardsParticulates (effective 12/6/2019) 

6 NYCRR 257–4. Ambient Air Quality 

Standards—Fluorides (effective 12/6/ 

2019) 

6 NYCRR 257–5. Ambient Air Quality 

Standards—Hydrogen Sulfide (H2S) 

(effective 12/6/2019) 

Subchapter C. Air Quality Area 

Classifications 

Part 287. Nassau County (effective 5/1/1972) 

Part 288. New York City (effective 5/1/1972) 

Part 307. Suffolk County (effective 5/1/1972) 

Part 315. Westchester County (effective 5/1/ 

1972) 

* * * * * 

[FR Doc. 2022–10794 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2019–0698; FRL–7826.1–3– 

OAR] 

RIN 2060–AV31 

Protection of Stratospheric Ozone: 

Listing of Substitutes Under the 

Significant New Alternatives Policy 

Program; Withdrawal of Proposed Rule 

AGENCY: Environmental Protection 

Agency (EPA). 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30853 

ACTION: Proposed rule; withdrawal and 

partial withdrawal. 

SUMMARY: On October 6, 2021, the U.S. 

Environmental Protection Agency 

issued a supplemental proposed 

rulemaking under the Significant New 

Alternatives Policy program to list 

certain substitutes to ozone-depleting 

substances in the foam blowing sector, 

extruded polystyrene: Boardstock and 

billet end-use, as acceptable, subject to 

narrowed use limits, from the effective 

date of a subsequent final rule until 

January 1, 2023. This followed EPA’s 

June 12, 2020, initial proposal which 

proposed to list three foam blowing 

agents, which are hydrofluorocarbon 

blends, as acceptable. Taking into 

consideration information available to 

EPA since issuance of that initial 

proposal, EPA proposed narrowed use 

limits and time-limited use of the 

substitutes in the supplemental 

proposal. Based on further information 

available to EPA, EPA is now 

withdrawing the proposed listings for 

the three foam blowing agents described 

in the initial and supplemental 

proposals. This document summarizes 

the proposed listings and provides an 

explanation for the Agency’s decision 

not to finalize the proposed actions. 

DATES: The U.S. EPA is withdrawing the 

proposed rule published on October 6, 

2021 (86 FR 55549; FRL–7826.1–02– 

OAR); and is partially withdrawing the 

proposed rule published on June 12, 

2020 (85 FR 35874; FRL–10009–66– 

OAR), by withdrawing the listings 

described in the table (‘‘SUMMARY OF 

PROPOSED NEW LISTINGS FOR XPS 

FOAM BLOWING AGENTS’’) published 

at 85 FR 35888–35889 on June 12, 2020, 

as of May 20, 2022. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2019–0698. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information may not be publicly 

available, e.g., Confidential Business 

Information (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 electronically through http://

www.regulations.gov. 

Out of an abundance of caution for 

members of the public and our staff, the 

EPA Docket Center and Reading Room 

are closed to the public, with limited 

exceptions, to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information on the EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: John 

Feather, U.S. Environmental Protection 

Agency, Stratospheric Protection 

Division; telephone number 202–564– 

1230; or email address: feather.john@

epa.gov. You may also visit our website 

at https://www.epa.gov/ozone-layerprotection for further information. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ ‘‘the Agency,’’ or ‘‘our’’ is 

used, we mean EPA. Acronyms that are 

used in this rulemaking that may be 

helpful include: 

AIM Act—American Innovation and 

Manufacturing Act 

CAA—Clean Air Act 

CBI—Confidential Business Information 

CFR—Code of Federal Regulations 

CO2—Carbon dioxide 

EPA—Environmental Protection Agency 

FR—Federal Register 

GWP—Global Warming Potential 

HCFC—Hydrochlorofluorocarbon 

HCFO—Hydrochlorofluoroolefin 

HFC—Hydrofluorocarbon 

HFO—Hydrofluoroolefin 

NAICS—North American Industrial 

Classification System 

NPRM—Notice of Proposed Rulemaking 

ODS—Ozone-depleting substances 

SNAP—Significant New Alternatives Policy 

XPS—Extruded Polystyrene: Boardstock and 

Billet 

Table of Contents 

I. General Information 

A. Does this action apply to me? 

B. Why is EPA issuing this withdrawal of 

the proposed actions? 

C. What is the Agency’s authority for this 

action? 

II. Background 

A. 2020 Notice of Proposed Rulemaking 

(NPRM) 

B. 2021 Supplemental Proposal 

C. Comments Received 

D. Additional Information That EPA 

Considered 

III. How does EPA intend to proceed? 

IV. Impact Analysis 

V. Statutory and Executive Order Reviews 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general and may be of particular 

interest to regulated entities under the 

following North American Industrial 

Classification System (NAICS) codes: 

• All Other Basic Organic Chemical 

Manufacturing (NAICS 325199) 

• Polystyrene Foam Product 

Manufacturing (NAICS 326140) 

B. Why is EPA issuing this withdrawal 

of the proposed actions? 

This document serves the following 

purposes: 

1. It announces to the public that EPA 

is withdrawing proposed listings under 

EPA’s Significant New Alternatives 

Policy (SNAP) program for three foam 

blowing agents for which the Agency no 

longer intends to issue a final rule; and 

2. It officially terminates the ongoing 

rulemaking activity, which allows the 

Agency to close out the individual 

rulemaking entry for these actions that 

appear in EPA’s Semiannual Regulatory 

Agenda. 

C. What is the Agency’s authority for 

this action? 

EPA’s SNAP program implements 

section 612 of the Clean Air Act (CAA), 

including section 612(c) provisions 

concerning rulemakings that restrict 

replacing ozone-depleting substances 

(ODS) with any substitute that the 

Administrator determines may present 

adverse effects to human health or the 

environment where the Administrator 

has identified an alternative that (1) 

reduces the overall risk to human health 

and the environment and (2) is currently 

or potentially available. Section 612(c) 

also requires EPA to publish lists of 

those substitutes which are 

unacceptable or acceptable for specific 

uses. Section 612(d) grants the right to 

any person to petition EPA to add a 

substance to, or delete a substance from, 

the lists published in accordance with 

section 612(c). Section 612(e) also 

requires producers of substitutes for 

class I ODS to notify the Agency of 

introductions of these substances into 

interstate commerce for significant new 

uses, along with unpublished health 

and safety studies. The regulations for 

the SNAP program are promulgated at 

40 CFR part 82, subpart G, and the 

Agency’s process for reviewing SNAP 

submissions is described in regulations 

at 40 CFR 82.180. For additional 

information on the SNAP program, visit 

the SNAP portion of EPA’s Ozone Layer 

Protection website at www.epa.gov/ 

snap. Copies of the full lists of 

acceptable substitutes for ODS in all 

industrial sectors are available at 

www.epa.gov/snap/substitutes-sector. 

For more information on the Agency’s 

process for administering the SNAP 

program or criteria for evaluation of 

substitutes, refer to the initial SNAP 

rulemaking published March 18, 1994 

(59 FR 13044), codified at 40 CFR part 

82, subpart G. SNAP decisions and the 

appropriate Federal Register citations 

are found at: www.epa.gov/snap/snapregulations. Substitutes listed as 


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30854 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 

1Other provisions of that proposal related to 

refrigeration and air conditioning and to fire 

suppression were finalized in a rule issued May 6, 

2021 (86 FR 24444). 2 Individual, unblended blowing agents. 

3 DuPont, 2019. December 17, 2019 Letter from 

DuPont Performance Building Solutions to EPA. 

Docket ID EPA–HQ–OAR–2019–0698–0008. 

4 DuPont, 2019. Op. cit. 

5The 2015 Rule, among other things, changed the 

listings for certain HFCs and blends from acceptable 

to unacceptable in various end-uses in the aerosols, 

refrigeration and air conditioning, and foam 

blowing sectors. After a challenge to the 2015 Rule, 

the United States Court of Appeals for the District 

of Columbia Circuit (‘‘the court’’) issued a partial 

vacatur of the 2015 Rule ‘‘to the extent it requires 

manufacturers to replace HFCs with a substitute 

substance’’ (see Mexichem Fluor, Inc. v. EPA, 866 

F.3d 451, 462 (D.C. Cir. 2017)) and remanded the 

rule to the Agency for further proceedings. The 

court also upheld EPA’s listing changes as being 

reasonable and not ‘‘arbitrary and capricious.’’ See 

Mexichem Fluor v. EPA, 866 F.3d at 462–63. 

6 In the 2020 NPRM, EPA further stated that the 

set of products that may be able to be manufactured 

with that substitute, HFC–152a, would account for 

a minority of the current market for XPS (85 FR 

35888, footnote 54). As discussed further below, 

information available to the Agency since that 

proposal indicates that the statement that HFC– 

152a was being used alone was likely incorrect. 

unacceptable; acceptable, subject to 

narrowed use limits; or acceptable, 

subject to use conditions, are also listed 

in the appendices to 40 CFR part 82, 

subpart G. 

II. Background 

A. 2020 Notice of Proposed Rulemaking 

(NPRM) 

As one component of the June 12, 

2020, NPRM (85 FR 35874) (‘‘2020 

NPRM’’),1 EPA, as noted in a table titled 

‘‘Summary of Proposed New Listings for 

XPS Foam Blowing Agents’’ on 85 FR 

35888–35889, proposed to list three 

blends containing hydrofluorocarbon 

(HFC)–134a as acceptable foam blowing 

agents in extruded polystyrene: 

Boardstock and billet (XPS): Blends of 

40 to 52 percent HFC–134a by weight 

and the remainder hydrofluoroolefin 

(HFO)-1234ze(E); blends of 40 to 52 

percent HFC-134a with 40 to 60 percent 

HFO–1234ze(E) and 10 to 20 percent 

each water and carbon dioxide (CO2) by 

weight; and blends with a maximum of 

51 percent HFC–134a, 17 to 41 percent 

HFC–152a, up to 20 percent CO2, and 1 

to 13 percent water. EPA proposed to 

list those three specific blends of HFC– 

134a as acceptable in XPS, stating that 

‘‘[t]hese blends have higher [global 

warming potentials] GWPs and are 

otherwise comparable or lower in risk 

than other alternatives listed as 

acceptable; however, EPA is taking this 

action because the Agency believes that 

other acceptable alternatives are not 

generally available for most needs under 

this end-use.’’ 85 FR 35888. 

EPA also stated in the 2020 NPRM 

that, for substitutes to be ‘‘available’’ in 

the XPS end-use, they must be capable 

of blowing foam that meets the technical 

needs of XPS products including 

density and ability to meet testing 

requirements of building codes and 

standards, such as for thermal 

efficiency, compressive strength, and 

flame and smoke generation (85 FR 

35888). Further, EPA noted that the 

company that initially submitted the 

three blends to the SNAP program for 

review indicated their difficulty meeting 

requirements for insulation value (‘‘Rvalue’’) with neat 2 acceptable blowing 

agents such as HFO–1234ze(E), HFC– 

152a, and CO2.3 The submitter indicated 

that if in some cases it could meet Rvalue requirements with those neat 

blowing agents, these alternatives were 

not able to meet other requirements 

such as compressive strength, density 

and thickness, or fire test results. The 

submitter also identified challenges 

with meeting code requirements for XPS 

products manufactured with flammable 

substitutes (e.g., HFC–152a, light 

saturated hydrocarbons C3–C6, and 

methyl formate) and provided examples 

of failed test results 4 (85 FR 35888). 

EPA stated that it appeared that only 

one of the substitutes that the Agency 

believed would be available for use in 

XPS foam as of January 1, 2021 at the 

time of the final rule issued July 20, 

2015 (80 FR 42870) (‘‘2015 Rule’’),5 was 

in fact available, and that it likely could 

only be used to meet the needs for some 

portion of the XPS foams market.6 Based 

on concerns about ensuring that the 

needs of the full XPS foams market in 

the United States could be met and not 

limiting the choice of acceptable 

substitutes to only one option, EPA 

proposed to list three additional 

blowing agent options for XPS that have 

been proven to work for this end-use. 

B. 2021 Supplemental Proposal 

EPA issued a supplemental proposal 

on October 6, 2021 (86 FR 55549), 

because of new information on the 

availability of substitutes which, among 

other things, included information on 

the introduction of a new substitute, 

blends of 10 to 99 percent by weight 

HFO–1336mzz(Z) and the remainder 

HFC–152a, which EPA listed as 

acceptable for use in XPS on December 

11, 2020 (85 FR 79863). In the 2020 

NPRM, EPA proposed to list the three 

HFC blends for use in XPS as 

acceptable. In the supplemental 

proposal, EPA took another approach by 

proposing to list these three HFC blends 

as acceptable, subject to narrowed use 

limits, from the effective date of any 

final rule to January 1, 2023. 

C. Comments Received 

EPA received comments on the initial 

and supplemental proposals from 

entities with various interests in foam 

blowing agents and foam insulation, 

including industry organizations for 

manufacturers of insulation other than 

XPS, chemical producers, 

manufacturers of XPS, manufacturers of 

other types of foam insulation, and 

environmental organizations. The two 

proposals addressed similar issues and 

similar issues were raised in public 

comment, with some updated 

information related to the supplemental 

proposal. The comments are briefly 

summarized below and are available in 

full in Docket EPA–HQ–OAR–2019– 

0698. 

Multiple commenters requested that 

EPA withdraw the proposal and/or the 

supplemental proposal. Commenters 

raised concerns with the proposed 

listings, with some stating that there are 

other alternatives commercially 

available internationally with lower 

GWP for use in XPS boardstock. 

Commenters also provided information 

on the commercial availability in the 

United States of new XPS products 

using blowing agents with GWPs lower 

than 150 from all U.S. manufacturers of 

XPS. One major chemical producer 

added that their lower-GWP 

replacement foam blowing agent for 

HFC–134a used in the XPS end-use has 

been fully commercialized and has been 

manufactured in the United States since 

2014. They stated that since then, this 

product has been adopted by a number 

of key XPS foam manufacturers and 

provides customers significant GWPreduction benefits in a market that will 

continue to value and require such 

benefits. A manufacturer of XPS stated 

that in Europe, a large manufacturer of 

XPS with CO2 asserted that CO2 as a 

blowing agent is clearly a viable 

technology with no supply barrier. A 

major chemical producer stated that 

HFO–1234ze(E) has been used 

commercially for many years and is 

used in the manufacture of XPS 

products by several firms in several 

countries around the globe where there 

are regulations requiring the use of safer 

blowing agents, including a large 

manufacturer of XPS in Europe. An 

environmental organization provided 

information on European products that 

contain CO2 and various blends of either 

CO2 or HFO–1234ze(E), including 

products from a European XPS 

manufacturer. Some commenters stated 

that all three U.S. manufacturers of XPS 

are now manufacturing products using 

lower-GWP blowing agents. 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Proposed Rules 30855 

One commenter, a manufacturer of 

XPS, and the company that submitted 

the three blends to the SNAP program 

for review, had supported the initial 

proposal of listing the blends as 

acceptable, and in the supplemental 

proposal supported the option of listing 

the blends as acceptable, subject to 

narrowed use limits, for use in XPS 

until January 1, 2023. That company 

stated that suitable alternatives with 

sufficient performance parameters were 

not available, that these listings are 

necessary to bridge the transition to 

such alternatives, and that the near-term 

supply of alternatives was uncertain. 

D. Additional Information That EPA 

Considered 

After issuing the supplemental 

proposal, EPA listed three more 

substitutes with lower-GWP as 

acceptable for use in XPS (January 20, 

2022; 87 FR 3037). The three substitutes 

are: Blends of 10 to 90 percent HFO1234ze(E) by weight and the remainder 

hydrochlorofluoroolefin (HCFO)– 

1233zd(E); blends of 10 to 90 percent 

HFO–1234ze(E) by weight and the 

remainder HFC-152a; and blends of zero 

to 100 percent HFO–1234ze(E), zero to 

70 percent methyl formate, zero to 60 

percent HFC–152a, zero to 60 percent 

CO2, and zero to 60 percent water. At 

least one of the three U.S. manufacturers 

of XPS is using one of these substitutes 

in manufacturing its products. 

III. How does EPA intend to proceed? 

Based on our consideration of these 

comments and the emergence of new 

listings of substitutes for this end-use, 

we believe lower risk alternatives are 

available and technically feasible. 

Accordingly, an acceptable listing, as 

proposed in the 2020 NPRM, is not 

appropriate, and a rulemaking effort for 

a limited duration, as proposed in the 

2021 Supplemental Proposal, is not 

warranted. The information above 

demonstrates that alternatives are 

available and technically feasible that 

pose overall risk to human health and 

the environment comparable to or lower 

than that of other acceptable substitutes 

for use in XPS. The blends of HFC–134a 

described above remain unacceptable, 

as listed in appendix U to 40 CFR part 

82 subpart G. This notice serves to 

provide transparency and clearly notify 

the public and those with particular 

interest of how we intend to proceed 

with respect to these listings. 

For these reasons, EPA is 

withdrawing the proposed rule 

published on October 6, 2021 (86 FR 

55549; FRL–7826.1–02–OAR), along 

with withdrawing the portions of the 

proposed rule published on June 12, 

2020 (85 FR 35874; FRL–10009–66– 

OAR), that relate to listing as acceptable 

the three HFC blends for use in XPS. 

IV. Impact Analysis 

Because the EPA is not promulgating 

any regulatory requirements, there are 

no compliance costs or impacts 

associated with this action. 

V. Statutory and Executive Order 

Reviews 

This action does not establish new 

regulatory requirements. Hence, the 

requirements of other regulatory statutes 

and Executive Orders that generally 

apply to rulemakings (e.g., the 

Unfunded Mandate Reform Act) do not 

apply to this action. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2022–10853 Filed 5–19–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 174 and 180 

[EPA–HQ–OPP–2022–0161; FRL–9410–13– 

OCSPP] 

Receipt of Pesticide Petitions Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities April 2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notices of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of initial filings of 

pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before June 21, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition (PP) 

of interest as shown in the body of this 

document, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

The latest information on EPA/DC 

docket access, services and submitting 

comments is available at https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511M), main telephone number: (202) 

566–1400, email address: 

BPPDFRNotices@epa.gov; or Marietta 

Echeverria, Registration Division (RD) 

(7505T), main telephone number: (202) 

566–1030, email address: 

RDFRNotices@epa.gov. The mailing 

address for each contact person: Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001. 

Include the contact person’s name, 

division, and mail code in the mailing 

address. The division to contact is listed 

at the end of each application summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through https://

www.regulations.gov/ or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. 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 claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 


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