[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> 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.
    <bullet> Fax comments to (202) 566-1741.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#e38d869481869184cd808a8d879aa3869382cd848c95"><span class="__cf_email__" data-cfemail="08666d7f6a6d7a6f266b61666c71486d7869266f677e">[email protected]</span></a>.

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:
    <bullet> For use in a process resulting in the transformation or 
the destruction of the HCFCs,
    <bullet> For use in equipment manufactured before January 1, 2010, 
or
    <bullet> 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:
    <bullet> For use in a process resulting in the transformation or 
destruction of the HCFCs, or
    <bullet> 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
------------------------------------------------------------------------
                                     Affected
             Date                   substances          Restriction
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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:
    <bullet> HCFC phaseout established in EPA's December 10, 1993 
rulemaking (58 FR 65018),
    <bullet> The Allowance System for Controlling HCFC Production, 
Import and Export, or
    <bullet> 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]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>