[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30948]


[[Page Unknown]]

[Federal Register: December 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82

[FRL-5122-9]

 

Notice of Availability of Petition Seeking Application of Title 
VI Labeling Requirements to Class II Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is announcing that on November 7, 1994, it received a 
petition from Friends of the Earth and several other public interest 
groups (petitioners) requesting that EPA take action under section 611 
of the Clean Air Act (the Act) to require labeling of products 
containing or manufactured with ozone- depleting substances(ODSs). 
Specifically, petitioners request that EPA require the labeling of 
products containing class II ODSs or that are manufactured with a 
process using class II ODSs. The petition is available for public 
review at the address noted below. EPA is commencing review of the 
petition to determine whether to amend its labeling rule as requested 
in the petition.

DATES: The Agency will receive written comments on this petition until 
January 17, 1995.

ADDRESSES: Please direct all correspondence to the addresses shown 
below. The petition is available for public inspection at Docket A-91-
60-VII-A-1 at the Air Docket (see address below). Written comments 
should be submitted (in triplicate if possible) to the Air Docket 
[insert Mail Code] of the EPA, room M-1500, 401 M Street SW, 
Washington, DC 20460, (202) 260-7548, between the hours of 8:00 a.m. to 
5:30 p.m. on Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Sue Stendebach, Office of Atmospheric 
Programs, Stratospheric Protection Division, Program Implementation 
Branch (Mail Code 6205J), U.S. EPA, 401 M Street, S.W., Washington, DC, 
20460, telephone: (202) 233-9117.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Section 611 of the Clean Air Act requires EPA to promulgate 
standards mandating that beginning on May 15, 1993, all containers 
containing class I and class II ODSs, products containing class I ODSs, 
and products manufactured with a process that uses any class I ODS, 
must bear a clearly legible and conspicuous warning label. Section 611 
also states that effective January 1, 2015, all products containing a 
class II ODS and all products manufactured with a process that uses any 
class II ODS shall be labeled. Moreover, section 611 states that the 
Administrator may require labeling of any product containing or 
manufactured with class II ODSs prior to January 1, 2015 if the 
Administrator determines, after notice and opportunity for public 
comment, that there are substitute products or manufacturing processes 
(A) that do not rely on the use of such class II substance, (B) that 
reduce the overall risk to human health and the environment, and (C) 
that are currently or potentially available.
    Section 611(e) allows any person to petition the Administrator to 
apply the labeling requirements to any product containing or 
manufactured with a class II substance. The statute requires that 
within 180 days after receiving such petition, the Administrator shall, 
pursuant to the criteria detailed above, either propose to apply the 
labeling requirements to the product or publish an explanation of the 
petition denial. If the Administrator proposes to apply such 
requirements to the product, the Administrator must render a final 
determination within one year after receiving the petition. Section 
611(e) requires a showing by petitioners that there is adequate data 
supporting the petition and requires that if EPA finds that such 
information is not sufficient to make a determination, it shall use any 
authority it has to acquire such information. Any product the 
Administrator finds to be subject to the labeling requirements would 
have one year to comply with such requirements.
    On February 11, 1993, EPA's final rule promulgating regulations (40 
C.F.R. Part 82 Subpart E - 40 C.F.R. Sec. 82.100 et.seq.) to implement 
section 611 were published in the Federal Register (58 FR 8136). The 
Administrator did not at that time determine that any products 
containing or manufactured with class II substances were subject of the 
labeling requirements. The final regulations contained a section (40 
CFR 82.120) setting forth EPA procedures for filing and reviewing 
petitions requesting that the labeling provisions apply to any product 
containing or manufactured with class II ODSs. (The section also 
applies to petitions to temporarily exempt products manufactured with 
class I ODSs.)

II. Friends of the Earth Petition

    On November 7, 1994, EPA received a petition from Friends of the 
Earth, the Atmosphere Alliance, the Environmental Defense Fund, 
Greenpeace, the Natural Resources Defense Council, Ozone Action, Save 
Our Ozone and Save Our Stratosphere (petitioners), seeking a 
determination from EPA to require the labeling of all products 
containing class II ODSs and all products manufactured with a process 
using class II ODSs. Petitioners contend that there is considerable 
concern over the use of class II substances and their effect on the 
stratospheric ozone layer. Petitioners also contend that the evidence 
they provide shows that substitutes for class II substances are 
currently available.
    EPA is commencing a review of the petition and the supporting 
materials cited therein to determine whether to amend the labeling rule 
as requested in the petition. EPA is requesting comment from all 
interested persons regarding the petition and the contentions therein. 
In particular, EPA requests comment regarding whether the criteria of 
section 611(c) are met regarding particular uses of class II 
substances. EPA is interested in learning of any applications of 
specific class II substances for which it is believed that substitutes 
do or do not exist. The comment period shall extend until January 17, 
1995.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-30948 Filed 12-15-94; 8:45 am]
BILLING CODE 6560-50-P