[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9754-9755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4627]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7629-2]
RIN 2060-AG12


Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency.

ACTION: Notice of denial of petition.

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SUMMARY: This action notifies the public that the Agency received a 
petition pursuant to section 612(d) of the Clean Air Act, under the 
Significant New Alternatives Policy (SNAP) Program, and that EPA is 
denying the petition. SNAP implements section 612 of the Clean Air Act 
Amendments of 1990, which requires EPA to evaluate substitutes for 
ozone-depleting substances (ODSs) and to regulate the use of 
substitutes where other alternatives exist that reduce overall risk to 
human health and the environment. Through these evaluations, EPA 
generates lists of acceptable and unacceptable substitutes for each of 
the major industrial use sectors that use ODSs, including the 
refrigeration and air-conditioning sector. OZ Technology, Inc. 
submitted HC-12a, previously referenced as Hydrocarbon Blend B, as a 
CFC-12 substitute in a variety of end-uses on July 19, 1994. In a June 
13, 1995 final SNAP rulemaking (60 FR 31092), EPA found the use of HC-
12a unacceptable as a substitute for CFC-12 in all end-uses other than 
industrial process refrigeration. This determination was based on a 
lack of adequate data demonstrating that HC-12a could be used safely in 
these end-uses; the most recent petition from OZ does not provide any 
additional information to address this issue. In addition, numerous 
other acceptable alternatives to ODSs exist in these end-uses.

EFFECTIVE DATE: March 2, 2004.

ADDRESSES: Information relevant to this notice is contained in Air 
Docket A-91-42, 1301 Constitution Avenue, NW., U.S. Environmental 
Protection Agency, Mail Code 6102T; Washington, DC 20460. The docket 
reading room is located at the address above in room B102 in the 
basement. Reading room telephone: (202) 566-1744, facsimile: (202) 566-
1749 Air docket staff telephone: (202) 566-1742 and facsimile: (202) 
566-1741 You may inspect the docket between 8:30 a.m. and 4:30 p.m. 
weekdays. As provided in 40 CFR Part 2, a reasonable fee may be charged 
for photocopying.

FOR FURTHER INFORMATION CONTACT: Dave Godwin by telephone at (202) 343-
9324, by facsimile at (202) 343-2316, by e-mail at [email protected], 
or by mail at U.S. Environmental Protection Agency, Mail Code 6205J, 
Washington, DC 20460.
    For more information on the Agency's process for administering the 
SNAP program or criteria for evaluation of substitutes, refer to the 
original SNAP rulemaking published in the Federal Register on March 18, 
1994 (59 FR 13044). Notices and rulemakings under the SNAP program, as 
well as other EPA publications on protection of stratospheric ozone, 
are available from EPA's Ozone Depletion World Wide Web site at http://www.epa.gov/ozone/ including the SNAP portion at http://www.epa.gov/ozone/snap/.

SUPPLEMENTARY INFORMATION: Since the publication of this 
unacceptability determination, OZ Technology, Inc. (``OZ'') has 
petitioned EPA four times. The following table provides information 
about each of the previous petitions and EPA's denials.

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                                                               Location  (within docket
                Item                           Date                    A-91-42)                 FR Notice
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OZ Petition 1.......................  November 4, 1994......  VI-D-75                    N/A
EPA Denial of Petition 1............  July 25, 1995.........  VI-C-7                     60 FR 49407
OZ Petition 2.......................  December 5, 1995......  VI-D-135                   N/A
EPA Denial of Petition 2............  August 30, 1996.......  VI-C-20                    61 FR 51018
OZ Petition 3.......................  May 1, 1998...........  VI-D-229                   N/A
EPA Denial of Petition 3............  November 13, 1998.....  VI-C-28                    64 FR 3272
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    On July 8, 2003, OZ petitioned EPA for the fourth time, once again 
requesting that EPA remove HC-12a from the unacceptable list and add it 
to the acceptable list as an ODS substitute in all refrigeration and 
air-conditioning end-uses, except the industrial process refrigeration 
end-use, where EPA has already found the use of HC-12a as acceptable. 
The petition is in Air Docket A-91-42, file number VI-D-306. On January 
14, 2004, EPA notified the company that it has denied the petition on 
the basis that the information included in the petition did not 
adequately address safety issues regarding the use of HC-12a as a CFC-
12 substitute in the subject end-uses. The denial and the accompanying 
documentation are in Air Docket A-91-42, file number VI-C-31. This 
Notice

[[Page 9755]]

publicizes EPA's denial of the fourth petition.
    Contact the Stratospheric Protection Hotline at 1-800-296-1996, 
Monday-Friday, between the hours of 10 a.m. and 4 p.m. (Eastern Time) 
weekdays. For more information on the Agency's process for 
administering the SNAP program or criteria for evaluation of 
substitutes, refer to the SNAP final rulemaking published in the 
Federal Registeron March 18, 1994 (59 FR 13044). Federal Register 
notices can be ordered from the Government Printing Office Order Desk 
(202) 783-3238; the citation is the date of publication. This Notice 
may also be obtained on the World Wide Web at http://www.epa.gov/docs/ozone/title6/snap/.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Reporting and recordkeeping requirements.

    Dated: February 20, 2004.
Michael O. Leavitt,
Administrator.
[FR Doc. 04-4627 Filed 3-1-04; 8:45 am]
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