[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Notices]
[Pages 22078-22079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10877]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7204-9]


Equipment Containing Ozone Depleting Substances at Industrial 
Bakeries--Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of bakery partnership program; extension of time.

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SUMMARY: On February 6, 2002, EPA announced in a Federal Register 
notice the Bakery Partnership Program. Now, EPA is responding to a 
request from the baking industry for an extension of time to complete 
pollution prevention projects, namely substituting non-ozone depleting 
substances (non-ODS) for the refrigerants in certain baking equipment. 
Due to supply difficulties, suppliers of the alternative refrigerants 
can not complete delivery of the product for customers even though 
orders have been placed before the April 26, 2002 start date of this 
voluntary program. EPA has agreed to allow participating companies to 
qualify for a zero penalty status if they have in hand a binding 
purchase order by April 26, 2002 and complete the installation of the 
non-ODS system by May 31, 2002. Publication of this notice will 
complement other efforts of the baking industry and EPA to let 
participants know of this extension of time.
    No comments are being sought on this notice.

FOR FURTHER INFORMATION CONTACT: Charles Garlow at EPA for further 
information at 202-564-1088 or [email protected].

    Dated: April 24, 2002.
Richard Biondi,
Associate Director, Air Enforcement Division.

April 17, 2002.
Anne Giesecke,
Vice President, Environmental Activities,
American Bakers Association,
1350 I Street NW, Suite 1290,
Washington DC 20005.
Dear Dr. Giesecke:
    Thank you for continuing to work with us on the unforeseen 
problems that have arisen with the Bakery Partnership Program. You 
and your members have pointed out that several industrial suppliers 
of non-ozone depleting substances have been overwhelmed by the 
response to this Program and as a result are not able to service all 
the baking companies that want to install pollution preventing 
refrigerants in time for the April 26, 2002 deadline, in spite of 
their best efforts. The Federal Register notice of February 6, 2002, 
specified that those appliances converted to non-ODS systems prior 
to April 26, 2002 could avoid the $10,000 per appliance penalty. 
Thus, these Participating Companies facing supply problems would not 
be able to qualify for the waiver of the $10,000 per appliance 
penalty, as they had planned, unless some accommodation is made.
    Therefore, in consultation with you and some of the suppliers of 
non-ODS refrigerants, we have agreed to the following: Participating 
Companies which have a binding purchase order or contract in hand by 
close of business April 26, 2002 for the conversion of an appliance 
to a non-ODS system will be treated as if the conversion had been 
completed by the April 26, 2002 deadline. The conversion to a non-
ODS system must be completed and the non-ODS system must be fully 
operational by close of business on May 31, 2002 in order to qualify 
for this treatment. That is, the $10,000 per appliance penalty for 
such an appliance referenced here, will be waived as it is waived 
for those appliances that were fully converted to non-ODS systems 
prior to April 26, 2002 under the terms of the February 6, 2002 FR 
notice.
    Baking companies that do not meet this new deadline for 
conversions to non-ODS systems will still be eligible to continue 
participating in the Partnership, but the appliances that do not 
meet the deadline will

[[Page 22079]]

have to pay the $10,000 penalty. Participating baking companies must 
submit Annex A by April 30, 2002. Appliances for which this 
extension is sought must be listed on Annex A as non-ODS appliances. 
If work is not completed on certain appliances by May 31, 2002 then 
a revised Annex A must be submitted by June 7, 2002. A copy of the 
binding purchase order or other binding contract for the work 
showing an order date on or before April 26, 2002 must be maintained 
by the company in their file.
    Please call me or Charlie Garlow [202-564-1088] of my staff if 
you have further questions.
    Sincerely,
Richard Biondi,
Associate Director Air Enforcement Division.
cc: Julius Banks, OAR, GPD
[FR Doc. 02-10877 Filed 5-1-02; 8:45 am]
BILLING CODE 6560-50-P