Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23705 

commenters more time to properly 

address the complex legal and technical 

issues and provide more thorough 

comments that would aid in considering 

the E15 waiver. 

Although EPA agrees that additional 

time for comments may be needed, this 

need must be balanced against the need 

to allow EPA ample time to review all 

relevant data and public submissions 

before the 270-day statutory decision 

deadline. EPA believes an additional 60 

days would allow adequate time for 

these stakeholders and others to provide 

meaningful comment on the E15 waiver 

request. EPA does not anticipate any 

further extension of the comment period 

for this waiver request. 

Extension of Comment Period 

EPA has determined that extension of 

the comment period would aid in 

providing the public an adequate 

amount of time to respond to the 

complex legal and technical issues that 

result from possibly allowing E15 to be 

sold commercially. Accordingly, the 

public comment period for the E15 

waiver to section 211(f) of the Act is 

extended until July 20, 2009. This 

action does not extend the 270-day 

statutory deadline of December 1, 2009, 

for the Administrator to grant or deny 

the E15 waiver request. 

Dated: May 14, 2009. 

Elizabeth Craig, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. E9–11785 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0277; FRL–8904–6] 

Protection of Stratospheric Ozone: 

Request for Critical Use Exemption 

Applications for 2012 

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 2012 

and beyond. This exemption is an 

annual exemption and all entities 

interested in obtaining a critical use 

exemption 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 previously 

applied for an exemption. Today’s 

notice also invites interested parties to 

provide EPA with new data on the 

technical and economic feasibility of 

methyl bromide alternatives. 

DATES: Applications for the critical use 

exemption must be postmarked on or 

before July 20, 2009. The response 

period reflects the clarifications and 

reduction of burden in the application. 

ADDRESSES: Applications for the methyl 

bromide critical use exemption should 

be submitted in duplicate (two copies) 

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 1040, 

Washington DC 20005. EPA also 

encourages users to submit their 

applications electronically to Robert 

Burchard, Stratospheric Protection 

Division, at burchard.robert@epa.gov. If 

the application is submitted 

electronically, applicants must fax a 

signed copy of Worksheet 1 to Robert 

Burchard at 202–343–2338 by the 

application deadline. 

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. 

Economic Information: Elisa Rim, 

U.S. Environmental Protection Agency, 

Office of Pesticide Programs (7503P), 

1200 Pennsylvania Ave., NW., 

Washington, DC, 20460, 703–308–8123. 

E-mail: rim.elisa@epa.gov. 

Regulatory Information: Robert 

Burchard, U.S. Environmental 

Protection Agency, Stratospheric 

Protection Division (6205J), 1200 

Pennsylvania Ave., NW., Washington, 

DC, 20460, 202–343–9126. E-mail: 

burchard.robert@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. Whom can I contact to find out whether 

a consortium is submitting an 

application 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. Must I submit a ‘‘Notice of Intent to 

Apply’’? 

G. What if I submit an incomplete 

application? 

H. 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 is the U.S. implementing the critical 

use exemption? 

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 form may be submitted 

either by a consortium representing 

multiple users who have similar 

circumstances or by individual users 

who anticipate needing methyl bromide 

in 2012 and believe there are 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). Given that this is the eighth 

round of the critical use exemption 

process, EPA will take a skeptical view 

regarding supporting new nominations 

(meaning, specific applicants who have 

not previously been nominated by the 

U.S. Government for an exemption) 

unless the applicant demonstrates that 

an unforeseeable change in 

circumstances (e.g., withdrawal or 

significant change in registration status 

of an alternative) justifies the need. 

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). The 

application form for the methyl bromide 

critical use exemption and other 

23706 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

information on research relevant to 

alternatives must be sent to the 

addresses specified above or e-mailed to 

the address specified above. The 

applicant’s signature, which is required 

in order for EPA to process the 

application, is on Worksheet 1 of the 

application. Applicants submitting 

electronically must also fax a signed 

copy of Worksheet 1 to Robert Burchard 

at 202–343–2338 by the application 

deadline. 

B. Whom 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). 

C. How do I obtain an application form 

for the methyl bromide critical use 

exemption? 

An application form for the methyl 

bromide critical use exemption can be 

obtained either in electronic or hardcopy form. EPA encourages use of the 

electronic form. Applications can be 

obtained in the following ways: 

1. PDF format and Microsoft Excel at 

EPA’s Web site: http://www.epa.gov/ 

ozone/mbr/cueinfo.html; 

2. Hard copy ordered through the 

Stratospheric Ozone Protection Hotline 

at 1–800–296–1996; 

3. Hard-copy format at DOCKET ID 

No. EPA–HQ–OAR–2009–0277. The 

docket can be accessed at the http:// 

www.regulations.gov site. To obtain 

copies of materials in hard copy, please 

e-mail the EPA Docket Center: a-and-rdocket@epa.gov. 

D. Which alternatives must applicants 

address when applying for a critical use 

exemption? 

To support the assertion that a 

specific use of methyl bromide is 

‘‘critical,’’ applicants are expected to 

demonstrate that there are no 

technically and economically feasible 

alternatives available for that use. The 

Parties to the Montreal Protocol have 

developed an ‘‘International Index’’ of 

methyl bromide alternatives, which lists 

chemical and non-chemical alternatives 

by crop. In 2008, the United States 

submitted an index of alternatives, 

which includes the current registration 

status of available and potential 

alternatives, that is available on the 

Ozone Secretariat Web site: http:// 

ozone.unep.org/Exemption_Information

/Critical_use_nominations

_for_methyl_bromide/

MeBr_Submissions/USA–AlternativesEx4–1–2008.pdf. 

Applicants must address technical, 

regulatory, and economic issues that 

limit the adoption of ‘‘chemical 

alternatives’’ and combinations of 

‘‘chemical’’ and ‘‘non-chemical 

alternatives’’ listed for their crop within 

the ‘‘U.S. Index’’ of Methyl Bromide 

Alternatives. Applicants must also 

address technical, regulatory, and 

economic issues that limit the adoption 

of ‘‘non-chemical alternatives’’ and 

combinations of ‘‘chemical’’ and ‘‘nonchemical alternatives’’ listed for their 

crop in the ‘‘International Index.’’ 

E. What portions of the applications will 

be considered confidential business 

information? 

You may assert a business 

confidentiality claim covering part or all 

of the information by placing on (or 

attaching to) the information, at the time 

it is submitted to EPA, a cover sheet, 

stamped or typed legend, or other 

suitable form of notice employing 

language such as ‘‘trade secret,’’ 

‘‘proprietary,’’ or ‘‘company 

confidential.’’ You should clearly 

identify the allegedly confidential 

portions of otherwise non-confidential 

documents, and you may submit them 

separately to facilitate identification and 

handling by EPA. If you desire 

confidential treatment only until a 

certain date or until the occurrence of a 

certain event, your notice should state 

that. Information covered by a claim of 

confidentiality will be disclosed by EPA 

only to the extent, and by means of the 

procedures, set forth under 40 CFR part 

2, subpart B; 41 FR 36752, 43 FR 40000, 

50 FR 51661. If no claim of 

confidentiality accompanies the 

information when EPA receives it, EPA 

may make it available to the public 

without further notice. 

If you are asserting a business 

confidentiality claim covering part or all 

of the information in the application, 

please submit a non-confidential 

version that EPA can place in the public 

docket for reference by other interested 

parties. Do not include on the 

‘‘Worksheet Six: Application Summary’’ 

page of the application any information 

that you wish to claim as confidential 

business information. Any information 

on Worksheet 6 shall not be considered 

confidential and will not be treated as 

such by the Agency. EPA will place a 

copy of Worksheet 6 in the public 

domain. Applications that are not 

confidential business information will 

be placed in the Docket in their entirety. 

Please note, claiming business 

confidentiality may delay EPA’s ability 

to review your application. 

F. Must I submit a ‘‘Notice of Intent to 

Apply’’? 

A ‘‘Notice of Intent to Apply’’ is not 

required, but would facilitate the 

organization of the application review 

during the critical use exemption 

process. If EPA is aware of the consortia 

and the individuals who intend to 

submit applications 30 days before the 

application deadline, the technical 

experts will be better positioned to 

review the application. This Notice may 

be submitted to Robert Burchard via email at burchard.robert@epa.gov or via 

U.S. mail to U.S. Environmental 

Protection Agency, Office of Air and 

Radiation, Stratospheric Protection 

Division, 1200 Pennsylvania Ave., NW., 

6205J, Washington, DC 20460 or by 

courier to U.S. Environmental 

Protection Agency, Office of Air and 

Radiation, Stratospheric Protection 

Division, 1310 L St., NW., Room 1040, 

Washington, DC 20005. 

G. What if I submit an incomplete 

application? 

EPA will not accept any applications 

postmarked after July 20, 2009. If the 

application is postmarked by the 

deadline but is incomplete or missing 

any data elements, EPA will not accept 

the application and will not include the 

application in the U.S. nomination 

submitted for international 

consideration. If the application is 

substantially complete with only minor 

errors, corrections will be accepted. EPA 

reviewers may also call an applicant for 

further clarification of an application, 

even if it is complete. 

All consortia or users who did not 

apply to EPA for the 2008 control period 

(calendar year) must submit an entire 

completed application with all 

Worksheets. 

H. What if I applied for a critical use 

exemption in a previous year? 

Users must apply to EPA for critical 

use exemptions on an annual basis. 

However, if a user group submitted a 

complete application to EPA in 2008, 

the user is only required to submit 

revised copies of the certain Worksheets 

listed below, though the entire 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23707 

application with all Worksheets must be 

on file with EPA. You must submit 

Worksheets 1, 2B, 2C, 2D, 4, 5, and 6 in 

full regardless of whether you submitted 

an application in 2008. You need only 

complete the remaining worksheets if 

any information has changed since 

2008. If you submitted a critical use 

exemption application to EPA in 2002, 

2003, 2004, 2005, 2006, or 2007 but did 

not submit an application in 2008, then 

you must submit all of the worksheets 

in the application again in their entirety. 

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? 

The October 1998 amendments to the 

Clean Air Act added sections 604(d)(6), 

604(e)(3), and 604(h), requiring EPA to 

conform the U.S. phaseout schedule for 

methyl bromide to the provisions of the 

Montreal Protocol for industrialized 

countries. Under this schedule methyl 

bromide was phased out starting in 

2005. Additionally, the 1998 

amendment allowed EPA to exempt the 

production and import of methyl 

bromide from the phaseout for critical 

uses starting January 1, 2005, to the 

extent consistent with the Montreal 

Protocol. 

B. What is the Montreal Protocol 

authority for the critical use exemption? 

The Montreal Protocol provides an 

exemption to the phaseout of methyl 

bromide for critical uses in Article 2H, 

paragraph 5. The Parties to the Protocol 

included such an exemption in 

recognition that alternatives might not 

be available by 2005 for certain uses of 

methyl bromide agreed by the Parties to 

be ‘‘critical uses.’’ 

In their Ninth Meeting (1997), the 

Parties to the Protocol agreed to 

Decision IX/6, setting forth the 

following criteria for a ‘‘critical use’’ 

determination: 

(a) That a use of methyl bromide 

should qualify as ‘‘critical’’ only if the 

nominating Party determines that: 

(i) The specific use is critical because 

the lack of availability of methyl 

bromide for that use would result in a 

significant market disruption; and 

(ii) There are no technically and 

economically feasible alternatives or 

substitutes available to the user that are 

acceptable from the standpoint of 

environment and health and are suitable 

to the crops and circumstances of the 

nomination. 

(b) That production and consumption, 

if any, of methyl bromide for a critical 

use should be permitted only if: 

(i) All technically and economically 

feasible steps have been taken to 

minimize the critical use and any 

associated emission of methyl bromide; 

(ii) Methyl bromide is not available in 

sufficient quantity and quality from 

existing stocks of banked or recycled 

methyl bromide, also bearing in mind 

the developing countries’ need for 

methyl bromide; 

(iii) It is demonstrated that an 

appropriate effort is being made to 

evaluate, commercialize and secure 

national regulatory approval of 

alternatives and substitutes, taking into 

consideration the circumstances of the 

particular nomination . * * * NonArticle 5 Parties [e.g., the U.S.] must 

demonstrate that research programs are 

in place to develop and deploy 

alternatives and substitutes. * * * 

A Class I controlled substance that 

was produced or imported through the 

expenditure of allowances prior to its 

phaseout date can continue to be used 

by industry and the public after that 

specific chemical’s phaseout under 

EPA’s phaseout regulations, unless 

otherwise precluded under separate 

regulations. 

III. How is the U.S. implementing the 

critical use exemption? 

Under the provisions of both the CAA 

and the Montreal Protocol, the critical 

use exemption became available to 

approved users on January 1, 2005. 

There is both a domestic and 

international component to the critical 

use exemption process. The following 

outline projects a timeline for the 

process for the next three years. 

May 20, 2009: Solicit applications for 

the methyl bromide critical use 

exemption for 2012. 

July 20, 2009: Deadline for submitting 

critical use exemption applications to 

EPA. 

Fall 2009: U.S. Government (through 

EPA, Department of State, U.S. 

Department of Agriculture, and other 

interested federal agencies) prepares 

U.S. Critical Use Nomination package. 

January 24, 2010: Deadline for U.S. 

Government to submit U.S. nomination 

package to the Protocol Parties. 

Early 2010: Technical and Economic 

Assessment Panel (TEAP) and Methyl 

Bromide Technical Options Committee 

(MBTOC) reviews Parties’ nominations 

for critical use exemptions. 

Mid 2010: Parties consider TEAP/ 

MBTOC recommendations. 

November 2010: Parties authorize 

critical use exemptions for methyl 

bromide for production and 

consumption in 2012. 

Mid 2011: EPA publishes proposed 

rule for allocating critical use 

exemptions in the U.S. for 2012. 

Late 2011: EPA publishes final rule 

allocating critical use exemptions in the 

U.S. for 2012. 

January 1, 2012: Critical use 

exemption permits the limited 

production and import of methyl 

bromide for specified uses for the 2012 

control period. 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

Dated: May 4, 2009. 

Brian J. McLean, 

Director, Office of Atmospheric Programs. 

[FR Doc. E9–11742 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8908–4] 

Good Neighbor Environmental Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: Under the Federal Advisory 

Committee Act, Public Law 92–463, 

EPA gives notice of a meeting of the 

Good Neighbor Environmental Board 

(Board). The Board meets three times 

each calendar year, twice at different 

locations along the U.S. border with 

Mexico, and once in Washington, DC. It 

was created in 1992 by the Enterprise 

for the Americas Initiative Act, Public 

Law 102–532, 7 U.S.C. 5404. 

Implementing authority was delegated 

to the Administrator of EPA under 

Executive Order 12916. The Board is 

responsible for providing advice to the 

President and the Congress on 

environmental and infrastructure issues 

and needs within the States contiguous 

to Mexico in order to improve the 

quality of life of persons residing on the 

United States side of the border. The 

statute calls for the Board to have 

representatives from U.S. Government 

agencies; the states of Arizona, 

California, New Mexico and Texas; and 

tribal and private organizations to 

provide advice on environmental and 

infrastructure issues along the US/ 

Mexico Border. 

The purpose of the meeting is to 

discuss environment priorities in the 

border region and to form workgroups 

that will begin drafting the Board’s next 

report. The meeting will include a 

planning session, a business meeting 

and a public comment session. A copy 

of the meeting agenda will be posted at 

http://www.epa.gov/ocem/gneb. 

DATES: The Good Neighbor 

Environmental Board will hold an open 

meeting on Wednesday, June 10, from