[Federal Register Volume 69, Number 47 (Wednesday, March 10, 2004)]
[Proposed Rules]
[Pages 11358-11360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5285]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7633-1]


Protection of Stratospheric Ozone: Notice of Data Availability; 
New Information Concerning SNAP Program Proposal on HCFC-141b Use in 
Foams

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

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SUMMARY: The Environmental Protection Agency is making available to the 
public information related to a July 11, 2000 proposed rule under the 
Significant New Alternatives Policy (SNAP) Program under section 612 of 
the Clean Air Act. The SNAP program reviews alternatives to Class I and 
Class II ozone depleting substances and approves use of alternatives 
which reduce the overall risk to public health and the environment. The 
July 11, 2000 proposed rule concerned use of several 
hydrochlorofluorocarbons (HCFCs) in foam blowing applications. On July 
22, 2002, EPA took final action with respect to a number of the HCFCs, 
but deferred its decision on the use of HCFC-141b in foam blowing 
applications due to the pending production and import ban of HCFC-141b 
(January 1, 2003) and incomplete information regarding the technical 
viability of alternatives. Since that publication, EPA received 
information from outside parties through letters, meetings, and the 
HCFC-141b Exemption Allowance Petition process (68 FR 2819) that 
addresses the use of HCFC-141b in foam blowing applications. Today, the 
Agency is making available for public review and comment information on 
alternatives to HCFC-141b currently used in each sector, and on the 
import of pre-blended HCFC-141b polyurethane systems. We plan to 
consider this information and any comment received during the comment 
period in determining what future action to take on our July 11, 2000 
proposal regarding the use of HCFC-141b in foam blowing applications.
    We are not soliciting comments on any other topic. In particular, 
we are not soliciting comments on the final SNAP foam rule published on 
July 22, 2002 (67 FR 47703) or the final HCFC allowance allocation 
rule, including the HCFC-141b exemption allowance petition process 
published on January 21, 2003 (68 FR 2819).

DATES: We will accept comments on the new data through April 9, 2004.

ADDRESSES: Comments may also be submitted electronically, by facsimile, 
or through hand delivery/courier. Follow the detailed instructions as 
provided at the beginning of the supplementary information section.

FOR FURTHER INFORMATION CONTACT: For further information about this 
notice, contact Suzie Kocchi by telephone at (202) 343-9387, or by e-
mail at [email protected]. Overnight or courier deliveries should 
be sent to the office location at 1310 L Street, NW, Washington, DC 
20005. Notices and rulemakings under the SNAP program are available on 
the Internet at http://www.epa.gov/ozone/snap/regs.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. How Can I Get Copies Of Related Information?
    B. How and To Whom Do I Submit Comments?
    C. How Should I Submit CBI To the Agency?
II. What is today's action?
III. What information is EPA making available for review and 
comment?
IV. Where can I get the data being made available for comment?
V. Why is EPA making this data available?
VI. What is EPA not taking comment on?
VII. What supporting documentation do I need to include in my 
comments?

I. General Information

A. How Can I Get Copies of Related Information?

1. Docket
    EPA has established an official public docket for this action under 
Docket ID No. OAR-2003-0228 (continuation of Docket A-2000-18). The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Hard copies of documents from prior 
to the public comment period are found under Docket ID No. A-2000-18. 
Although a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center 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 Reading Room is (202) 566-1742, and the telephone number for 
the Air and Radiation Docket is (202) 566-1742.
2. Electronic Access
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket

[[Page 11359]]

materials through the docket facility identified in section I.B.1. 
above.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments. If you wish to 
submit CBI or information that is otherwise protected by statute, 
please follow the instructions in section I.D. Do not use EPA Dockets 
or e-mail to submit CBI or information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. 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.
    Your use of EPA's electronic public docket to submit comments to 
EPA electronically is EPA's preferred method for receiving comments. Go 
directly to EPA Dockets at http://www.epa.gov/edocket, and follow the 
online instructions for submitting comments. To access EPA's electronic 
public docket from the EPA Internet Home Page, select ``Information 
Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select 
``search,'' and then key in Docket ID No. OAR-2003-0228. The system is 
an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OAR-2003-0228. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    You may submit comments on a disk or CD ROM that you mail to the 
mailing address identified in section I.B.1. These electronic 
submissions will be accepted in WordPerfect or ASCII file format. Avoid 
the use of special characters and any form of encryption.
    2. By Mail. Send two copies of your comments to: Air and Radiation 
Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. 
OAR-2003-0228.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., 
NW, Washington, DC., Attention Docket ID No. OAR-2003-?. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in section I.B.1.
    4. By Facsimile. Fax your comments to: 202-566-1741, Attention 
Docket ID. No. OAR-2003-0228.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send or deliver information identified as CBI only to the following 
address: Suzie Kocchi, U.S. EPA, 8th floor, 1310 L Street NW, 
Washington DC 20005 via overnight delivery service, Attention Docket ID 
No. OAR-2003-0228. You may claim information that you submit to EPA as 
CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

II. What Is Today's Action?

    Today, we are making information available on foam blowing 
applications that could be potentially affected by a Significant New 
Alternatives Policy (SNAP) action under section 612 of the Clean Air 
Act. The proposed action, published in the Federal Register on July 11, 
2000 (65 FR 42653) addressed use of various HCFCs in foam end-uses. 
Part of that proposed rule was a proposal to list HCFC-141b as 
unacceptable in all foam end-uses, with existing users grandfathered 
until January 1, 2005 (65 FR 42653). The Agency allowed 60 days for 
public comment and received 45 responses to the proposal by the close 
of the comment period (September 11, 2000). The Agency received 
comments from

[[Page 11360]]

chemical manufacturers, appliance manufacturers, spray foam 
manufacturers, associations, and others. Copies can be obtained through 
the Air Docket by referencing A-2000-18, IV-D-1 through 45 (see 
ADDRESSES section above for docket contact info). On July 22, 2002 (67 
FR 47703), EPA took final action on other aspects of the July 11, 2000 
proposed rule but deferred final action on the proposal to list HCFC-
141b as unacceptable.
    Since the publication of the final rule when EPA deferred the 
decision on the use of HCFC-141b in foam blowing applications, the 
Agency has acquired additional information pertaining to the 
availability and technical viability of alternatives and the import of 
pre-blended HCFC-141b polyurethane systems. This information was 
obtained through meetings held at the request of industry 
representatives, letters sent directly to the Agency and information 
presented through the HCFC-141b exemption allowance petition process. 
The purpose of making data available for comment is to ensure that 
information provided to the Agency since the publication of the final 
rule (July 22, 2002) is accurate and complete. We plan to consider this 
information and any comment received on these data during the comment 
period in determining what future action to take on our July 11, 2000 
proposal regarding the use of HCFC-141b in foam blowing applications.

III. What Information Is EPA Making Available for Review and Comment?

    Since the publication of the final rule, EPA has received 7 
additional comments in response to its July 2000 proposal on HCFC-141b. 
These comment letters can be obtained through the Air Docket, OAR-2003-
0228 reference numbers 2-8. The letters address the technical viability 
and availability of alternatives of HCFC-141b and the import of pre-
blended HCFC-141b polyurethane systems.
    Additional information was submitted to EPA through the 2003 and 
2004 HCFC-141b exemption allowance petition processes. Formulators of 
HCFC-141b are eligible to submit petitions to EPA requesting that they 
be allowed to obtain new production of HCFC-141b beyond the phaseout 
date of January 1, 2003. The petitions include information on the 
availability of stockpiled HCFC-141b, the technical constraints 
justifying the continued use of HCFC-141b, and the research and 
development of alternatives as well as the other information required 
by 40 CFR 82.16(h). Although the submitters of each individual petition 
has claimed the information in its petition as confidential business 
information, the Agency is including a memo summarizing the aggregate 
findings from the petition processes, without any reference to specific 
companies, products or any other information considered to be 
confidential. The Agency is considering the use of some of this 
information for the purposes of taking final action on the proposal. 
This document can be obtained through the Air Docket, OAR-2003-0228 
reference number 9.
    The Agency is seeking comments on the accuracy and thoroughness of 
the information described above, specifically:

--Overview of technical viability of alternatives to HCFC-141b

    (a) Comments from the polyurethane spray foam industry and 
contractors
    (b) Comments from the polyurethane systems houses
    (c) Comments from the polyurethane foam blowing agent suppliers

--Memo on the import of pre-blended polyurethane foam systems 
containing HCFC-141b

    EPA has also provided an updated table of the transition from HCFCs 
to alternatives for all foam applications, available through Air 
Docket, OAR-2003-0228 reference number 10. EPA is soliciting comment on 
the accuracy of the information presented in the table. In addition to 
obtaining comments on the accuracy of the information provided, the 
Agency would like to know if there are other foam applications in which 
HCFC-141b is still used as a blowing agent not listed in the table.

IV. Where Can I Get the Data Being Made Available for Comment?

    All of the data in which we are seeking comment can be obtained 
through the Air Docket (see SUPPLEMENTAL INFORMATION section above for 
docket contact info). Reference numbers are as follows:

--Overview of technical viability of alternatives to HCFC-141b

    (a) Comments from the polyurethane spray foam industry and 
contractors Air Docket, OAR-2003-0228 reference numbers 2 and 6
    (b) Comments from the polyurethane systems houses Air Docket, OAR-
2003-0228 reference numbers 3 and 4
    (c) Comments from the polyurethane foam blowing agent suppliers Air 
Docket, OAR-2003-0228 reference numbers 5 and 7

--Memo on the import of pre-blended polyurethane foam systems 
containing HCFC-141b Air Docket, OAR-2003-0228 reference number 8
--Synopsis of information gathered in the HCFC-141b Exemption Allowance 
Process Air Docket, OAR-2003-0228 reference number 9
--Table summarizing the transition status from HCFCs to alternatives by 
application Air Docket, OAR-2003-0228 reference number 10

V. Why Is EPA Making This Data Available?

    We are soliciting comment on this new information to ensure that we 
use the best information available when we determine how to proceed on 
our July 11, 2000 proposal to list HCFC-141b as unacceptable. Because 
the information on which we are seeking comment will be considered by 
EPA in determining how to proceed on our proposal regarding the use of 
HCFC-141b in foam blowing applications, the Agency is providing the 
public with an opportunity to comment on the quality of the available 
information. This information will be used to ensure that issues 
relating to the technical viability of alternatives and industry 
impacts are fully considered by EPA prior to moving forward with a 
rulemaking in the foams sector.

VI. 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. EPA is not 
accepting comment on the following:

--HCFC foam final rule published on July 22, 2002 (67 FR 47703)
--HCFC final Allowance System for Controlling HCFC Production, Import 
and Export rule published on January 21, 2003 (68 FR 2819)
--HCFC-141b Exemption Allowance petition process established by the 
HCFC final Allowance System for Controlling HCFC Production, Import and 
Export rule published on January 21, 2003 (68 FR 2819)

VII. What Supporting Documentation Do I Need To Include in My Comments?

    Please provide any published studies or raw data supporting your 
position.

    Dated: February 23, 2004.
Brian McLean,
Director, Office of Atmospheric Programs, Office of Air and Radiation.
[FR Doc. 04-5285 Filed 3-9-04; 8:45 am]
BILLING CODE 6560-50-P