[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52403-52407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18932]



  Federal Register / Vol. 69, No. 164 / Wednesday, August 25, 2004 / 
Notices  

[[Page 52403]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-7802-2]


Protection of Stratospheric Ozone: Request for Information on 
Existing and Available Stocks of Methyl Bromide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Section 114 information request.

-----------------------------------------------------------------------

SUMMARY: With this action, EPA is requiring individuals or legal 
entities that produce, import, distribute, sell, apply, or buy methyl 
bromide to provide EPA with data on the amount of methyl bromide 
material they hold for sale and amounts they hold for transfer to 
another entity. EPA needs this information to promulgate a rule to 
allow the continued production, consumption, and use of methyl bromide 
for proposed critical uses exempted from the January 1, 2005 phaseout 
of methyl bromide. This exemption for critical uses is allowed under 
section 604 of the Clean Air Act (CAA) and the Montreal Protocol on 
Substances that Deplete the Ozone Layer (``Montreal Protocol'').
    Specifically, EPA requires the information specified in today's 
notice to ensure the Agency has the most recent and complete 
information on existing stocks of methyl bromide to use as a basis for 
identifying the amount of stocks available for critical uses. In 
addition, EPA will use this data to create baselines for the allocation 
of critical stock allowances to identified inventory holders that wish 
to sell methyl bromide to the critical use market and to determine how 
much new production and consumption (defined as production plus imports 
minus exports) of methyl bromide to authorize for critical uses in 
2005. Further details on EPA's proposed action are described in the 
notice of proposed rulemaking entitled ``Protection of Stratospheric 
Ozone: Process for Exempting Critical Uses from the Phaseout of Methyl 
Bromide'' published elsewhere in today's Federal Register.
    EPA is authorized to obtain this information under section 114 of 
the Clean Air Act.

FOR FURTHER INFORMATION CONTACT: For further information about this 
information request, contact Hodayah Finman by telephone at (202) 343-
9246, or by e-mail at [email protected], or by mail at Hodayah 
Finman, U.S. Environmental Protection Agency, Stratospheric Protection 
Division, Stratospheric Program Implementation Branch (6205J), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Overnight or courier 
deliveries should be sent to 1310 L Street, NW., Washington, DC 20005 
att: Hodayah Finman at 343-9410. You may also visit the Ozone Depletion 
Web site of EPA's Stratospheric Protection Division at http://www.epa.gov/ozone for further information about EPA's Stratospheric 
Ozone Protection regulations, the science of ozone layer depletion, and 
other related topics.

SUPPLEMENTARY INFORMATION:

I. Background

    Methyl bromide is an odorless, colorless, toxic gas, which is used 
as a broad-spectrum pesticide and is controlled under the CAA as a 
Class I ozone depleting substance (ODS). Methyl bromide is used in the 
U.S. and throughout the world as a fumigant to control a wide variety 
of pests such as insects, weeds, rodents, pathogens, and nematodes. 
Additional characteristics and details about the uses of methyl bromide 
can be found in the proposed rule on the phaseout schedule for methyl 
bromide published in the Federal Register on March 18, 1993 (58 FR 
15014), and the final rule published in the Federal Register on 
December 10, 1993 (58 FR 65018). Information on methyl bromide can also 
be found at the following sites of the World Wide Web: http://www.epa.gov/ozone/mbr and http://teap.org or by contacting the 
Stratospheric Ozone Hotline at 1-800-296-1996.
    Because it is a pesticide, methyl bromide is also regulated by EPA 
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
and other statutes and regulatory authority and by states under their 
own statutes and regulatory authority. Under FIFRA, methyl bromide is a 
restricted use pesticide. Because of this status, a restricted use 
pesticide is subject to certain federal and state requirements 
governing its sale, distribution, and use. Nothing in this notice 
implementing the Clear Air Act is intended to derogate from provisions 
in any other federal, state, or local laws or regulations governing 
actions including, but not limited to, the sale, distribution, 
transfer, and use of methyl bromide.
    Under the Clean Air Act, methyl bromide consumption and production 
will be completely phased out on January 1, 2005, apart from allowable 
exemptions, namely the critical use exemption and the quarantine and 
pre-shipment exemption. Elsewhere in today's Federal Register, EPA is 
proposing a rule containing the framework for how the critical use 
exemption will operate as well as an allocation of allowances for the 
amounts of methyl bromide that may be produced, imported, and sold for 
proposed critical uses in 2005.
    The current regulatory requirements of the Stratospheric Ozone 
Protection Program that limit production and consumption of ozone 
depleting substances can be found at 40 CFR part 82, subpart A. The 
regulatory program was originally published in the Federal Register on 
August 12, 1988 (53 FR 30566), in response to the 1987 signing of the 
Montreal Protocol. The U.S. was one of the original signatories to the 
1987 Montreal Protocol and the U.S. ratified the Protocol on April 21, 
1988. Congress then enacted, and President Bush signed into law, the 
Clean Air Act Amendments of 1990 that included Title VI on 
Stratospheric Ozone Protection to ensure that the United States could 
satisfy its obligations under the Protocol. EPA has made several 
amendments to the regulations since that time.
    Methyl bromide was added to the Protocol as an ozone depleting 
substance in 1992 through the Copenhagen Amendment to the Protocol. The 
Parties to the Protocol established a freeze in the level of methyl 
bromide production and consumption for industrialized countries at the 
1992 Meeting in Copenhagen. The Parties agreed that each industrialized 
country's level of methyl bromide production and consumption in 1991 
should be the baseline for establishing the freeze. EPA published a 
final rule in the Federal Register on December 10, 1993 (58 FR 69235), 
listing methyl bromide as a class I, Group VI controlled substance, 
freezing U.S. production and consumption at this 1991 level, and, in 
Sec.  82.7 of the rule, setting forth the percentage of baseline 
allowances for methyl bromide granted to companies in each control 
period (each calendar year) until the year 2001 (58 FR 65018). This 
phaseout date was consistent with requirements under section 602(d) of 
the CAA for newly listed class I ozone-depleting substances that ``no 
extension under this subsection may extend the date for termination of 
production of any class I substance to a date more than 7 years after 
January 1 of the year after the year in which the substance is added to 
the list of class I substances.'' Therefore, the 1993 regulation 
established a United States phaseout for methyl bromide in 2001.
    At their 1995 meeting, the Parties made adjustments to the methyl 
bromide control measures and agreed to

[[Page 52404]]

reduction steps and a 2010 phaseout date for industrialized countries 
with exemptions permitted for critical uses. At this time, the U.S. 
continued to have a 2001 phaseout date in accordance with the Clean Air 
Act language. At their 1997 meeting, the Parties agreed to further 
adjustments to the phaseout schedule for methyl bromide in 
industrialized countries, with reduction steps leading to a 2005 
phaseout for industrialized countries. In October 1998, the U.S. 
Congress amended subchapter VI of the CAA to prohibit the termination 
of production of methyl bromide prior to January 1, 2005, to bring the 
U.S. phaseout of methyl bromide in line with the global requirements 
specified under the Protocol and to provide for the exemptions under 
the Protocol. These amendments were contained in Section 764 of the 
1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act 
(Public Law 105-277, October 21, 1998) and were codified in section 604 
of the CAA. On November 28, 2000, EPA issued regulations to amend the 
phaseout schedule for methyl bromide and extend the complete phaseout 
of production and consumption to 2005 (65 FR 70795).
    Elsewhere in today's Federal Register, EPA is proposing to further 
amend 40 CFR part 82 to implement an exemption to the 2005 phaseout of 
methyl bromide that allows continued production and consumption of 
methyl bromide for critical uses. Section 604(d)(6) of the Clean Air 
Act provides that ``[t]o the extent consistent with the Montreal 
Protocol, the Administrator, after notice and the opportunity for 
public comment, and after consultation with other departments or 
instrumentalities of the Federal Government having regulatory authority 
related to methyl bromide, including the Secretary of Agriculture, may 
exempt the production, importation, and consumption of methyl bromide 
for critical uses.'' 42 U.S.C. 7671c(d)(6). Article 2H(5) of the 
Montreal Protocol provides that the 2005 methyl bromide phaseout shall 
not apply ``to the extent the Parties decide to permit the level of 
production or consumption that is necessary to satisfy uses agreed by 
them to be critical uses.''
    Both sections 604(d)(6) and 614(b) of the CAA address the 
relationship between the Montreal Protocol and actions taken under 
subchapter VI of CAA. Section 604(d)(6) addresses critical uses 
specifically, while section 614(b) is more general in scope. Section 
604(d)(6) states that ``to the extent consistent with the Montreal 
Protocol,'' the Administrator may exempt methyl bromide for critical 
uses. Section 614(b) states that Subchapter VI ``shall be construed, 
interpreted, and applied as a supplement to the terms and conditions of 
the Montreal Protocol, as provided in Article 2, paragraph 11 thereof, 
and shall not be construed, interpreted, or applied to abrogate the 
responsibilities or obligations of the United States to implement fully 
the provisions of the Montreal Protocol. In case of a conflict between 
any provision of this subchapter and any provision of the Montreal 
Protocol, the more stringent provision shall govern.''
    EPA must take into account not only the text of Article 2H but also 
the related Decisions of the Protocol Parties that interpret that text. 
Under customary international law, as codified in the 1969 Vienna 
Convention on the Law of Treaties (8 International Legal Materials 679 
(1969)) both the treaty text and the practice of the parties in 
interpreting that text form the basis for its interpretation. Although 
the United States is not a party to the 1969 Convention, the United 
States has regarded it since 1971 as ``the authoritative guide to 
current treaty law and practice.'' See Secretary of State William D. 
Rodgers to President Richard Nixon, October 18, 1971, 92d Cong., 1st 
Sess., Exec. L (November 22, 1971). Specifically, Article 31(1) of the 
Vienna Convention provides that ``[a] treaty shall be interpreted in 
good faith in accordance with the ordinary meaning to be given to the 
terms of the treaty in their context and in light of its object and 
purpose.'' Article 31(3) goes on to provide that ``[t]here shall be 
taken into account, together with the context: (a) Any subsequent 
agreement between the parties regarding the interpretation of the 
treaty or the application of its provisions.'' In the current 
circumstances Decisions of the Parties can be construed as subsequent 
consensus agreements among the Parties to the Montreal Protocol, 
including the United States, regarding the interpretation and 
application of the Protocol.
    In accordance with Article 2H(5), the Parties have issued several 
Decisions pertaining to the critical use exemption. At their Ninth 
Meeting in 1997, the Parties issued Decision IX/6 which established 
criteria applicable to the critical use exemption. In paragraph 1 of 
Decision IX/6, the Parties agreed as follows:

    (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 critical uses 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 account the 
circumstances of the nomination * * * Non-Article V [Developed 
country] parties must demonstrate that research programmes are in 
place to develop and deploy alternatives and substitutes * * *

The Parties also agreed in Decision IX/6 that the technical panel that 
reviews nominations and makes recommendations to the Parties regarding 
approval of critical use exemptions, would base its review and 
recommendations on the criteria in paragraphs (a)(ii) and (b). The 
criterion in paragraph (a)(i) was not subject to review by this 
technical panel.
    The procedural requirements for the critical use exemption are also 
delineated in Decision IX/6 of the Parties to the Protocol. As applied 
in the United States, users of methyl bromide who believe they may meet 
the criteria to qualify for a critical use exemption may make an 
application to EPA for inclusion in the U.S. nomination of critical 
uses. Starting in 2002, EPA began notifying applicants as to the 
availability of the application, and the deadline to apply, with a 
notice in the Federal Register (68 FR 24737) and an announcement on the 
methyl bromide Web site at http://www.epa.gov/ozone/mbr. Applicants for 
the critical use exemption must provide information demonstrating to 
the U.S. government that the specific use of methyl bromide is critical 
because (1) the lack of availability of methyl bromide for that use 
would result in significant market disruption, and (2) the applicants 
have no technically and economically feasible alternatives or 
substitutes to methyl bromide available to them that are acceptable 
from the standpoint of environment and health and are suitable to the 
crops of circumstances of use.

[[Page 52405]]

Applicants for the exemption must also submit information on their use 
of methyl bromide, on research into the use of alternatives to methyl 
bromide, on efforts to minimize use of methyl bromide and to reduce 
emissions and on the specific technical and economic results of testing 
alternatives to methyl bromide. Applicants may apply as individuals or 
as part of a group of users (a ``consortium'') who face the same 
limiting critical conditions (i.e. specific conditions which establish 
a critical need for methyl bromide).
    The U.S. government reviews applications and creates a package for 
submission to the Ozone Secretariat of the Protocol for uses nominated 
as having a critical need for methyl bromide beyond the phaseout. Each 
Party must justify such a request by determining that (1) the specific 
use is critical because the lack of availability of methyl bromide for 
that use would result in significant market disruption; and (2) there 
are no technically and economically feasible alternatives or 
substitutes available that are acceptable from the standpoint of 
environment and health and are suitable to the crops and circumstances 
of the nomination. Based on the recommendations of a technical panel of 
the Ozone Secretariat, the Parties to the Protocol, at their annual 
meetings, take decisions to authorize critical use exemptions.
    At the First Extraordinary Meeting of the Parties in March of 2004, 
the Parties issued several decisions that address the agreed critical 
uses, the allowable levels of new production and consumption for 
critical uses, the conditions for granting critical use exemptions, and 
reporting obligations. Decision Ex. I/3 covers the agreed critical uses 
and allowable levels of new production and consumption for the year 
2005. This Decision includes the following terms:
    1. For the agreed critical uses set forth in annex II A to the 
report of the First Extraordinary Meeting of the Parties to the 
Montreal Protocol for each Party, to permit, subject to the conditions 
set forth in decision Ex. I/4, the levels of production and consumption 
set forth in annex II B to the present report which are necessary to 
satisfy critical uses, with the understanding that additional levels 
and categories of uses may be approved by the Sixteenth Meeting of the 
Parties in accordance with decision IX/6;
    2. That a Party with a critical-use exemption level in excess of 
permitted levels of production and consumption for critical uses is to 
make up any such difference between those levels by using quantities of 
methyl bromide from stocks that the Party has recognized to be 
available;
    3. That a Party using stocks under paragraph 2 above shall prohibit 
the use of stocks in the categories set forth in annex II A to the 
report of the First Extraordinary Meeting of the Parties to the 
Montreal Protocol when amounts from stocks combined with allowable 
production and consumption for critical uses exceed the total level for 
that Party set forth in annex II A to the present report;
    4. That Parties should endeavor to allocate the quantities of 
methyl bromide recommended by the Technology and Economic Assessment 
Panel as listed in annex II A to the report of the First Extraordinary 
Meeting of the Parties;
    5. That each Party which has an agreed critical use should ensure 
that the criteria in paragraph 1 of decision IX/6 are applied when 
licensing, permitting or authorizing the use of methyl bromide and that 
such procedures take into account available stocks. Each Party is 
requested to report on the implementation of the present paragraph to 
the Ozone Secretariat;
    The agreed critical uses and allowable levels of production and 
consumption are set forth in annexes to the Parties' report. Decision 
Ex I/4 addresses the conditions for granting and reporting critical-use 
exemption for methyl bromide.
    Decisions IX/6, Ex. I/3, and Ex. I/4 are subsequent consensus 
agreements of the Parties that address the interpretation and 
application of the critical use provision in Article 2H(5) of the 
Protocol. For example, Decision Ex. I/3 reflects a decision called for 
by the text of Article 2H(5) where the parties are directed to ``decide 
to permit the level of production or consumption that is necessary to 
satisfy uses agreed by them to be critical uses.'' EPA intends to 
follow the terms of Decisions IX/6, Ex. I/3, and Ex. I/4. This would 
ensure consistency with the Montreal Protocol and satisfy the 
requirements of section 604(d)(6) and Section 614(b) of the CAA.
    Decision Ex. I/3 recognizes that article 2H(5) of the Protocol 
contemplates that the Parties will make two separate determinations 
when establishing the critical use exemption. First, the Parties agree 
on the total amount and categories of uses that are deemed critical 
under the criteria established in Decision IX/6. Second, the Parties 
determine the maximum level of new production and consumption that 
should be permitted because it is necessary to satisfy those critical 
uses. Under paragraph 1 of Decision Ex. I/3, the first of these 
determinations (the ``agreed critical uses'') is reflected in annex II 
A to the report of the First Extraordinary Meeting of the Parties. For 
the United States, the Parties agreed to 16 critical uses for methyl 
bromide and authorized use of 8,942 metric tons of methyl bromide for 
these critical uses. The second of these determinations is set forth in 
annex II B which allows the United States 7,659 metric tons of 
production and consumption of methyl bromide to satisfy critical uses. 
Where the level of agreed critical uses exceeds the level of new 
production and consumption determined by the Parties to be necessary to 
satisfy those uses, a Party is to utilize available stocks of methyl 
bromide to fill the gap. Decision Ex. I/3, para. 2. Parties are to 
ensure that the total use of methyl bromide material supplied from 
existing stocks and new production and consumption does not exceed the 
overall level of use agreed to be critical. Decisions Ex. I/3, para. 3. 
Thus, Decision Ex. I/3 establishes two caps with respect to methyl 
bromide for 2005--one on the level of new production and consumption 
for critical uses and one on the total usage of methyl bromide in the 
agreed critical use categories.
    Under Decision Ex I/3, the United States is allowed to use a total 
of 8,942 metric tons of methyl bromide in 2005 to satisfy critical 
uses. In accordance with Decision Ex I/3, the quantity of new 
production and consumption in combination with the amount of stocks 
determined to be available for the specified critical uses cannot 
exceed for 2005 the amount of 8,942 metric tons. Because of the cap on 
the amount of methyl bromide available for the specified critical uses, 
EPA will not authorize new production and consumption that, when 
combined with use of available stocks, would exceed the agreed critical 
use level of 8,942 metric tons. The methyl bromide to satisfy those 
uses may be derived from available stocks of material or new production 
and consumption. The upper limit on the amount of new production and 
consumption for the specified critical uses is 7,659 metric tons. 
However, this level of new production and consumption was authorized by 
the Parties subject to compliance with the conditions set forth in 
Decisions Ex. I/3 and Ex. I/4. One of these conditions, in paragraph 5 
of Decision Ex. I/3, provides that ``each Party which has an agreed 
critical use should ensure that the criteria in paragraph 1 of decision 
IX/6 are applied when licensing, permitting or authorizing the use of 
methyl bromide

[[Page 52406]]

and that such procedures take into account available stocks.'' Thus, in 
deciding the level of new production and consumption allowed in the 
United States, EPA is proposing to consider the amount of methyl 
bromide from stocks recognized by EPA to be ``available'' for critical 
uses.
    In addition, to prevent the total use levels of methyl bromide from 
exceeding the critical use cap, Paragraph 3 of Decision Ex I/3 requires 
that Parties prohibit the use of stocks of methyl bromide under certain 
circumstances. This provision states ``that a Party using stocks under 
paragraph 2 above shall prohibit the use of stocks in the categories 
set forth in annex II A to the report of the First Extraordinary 
Meeting of the Parties to the Montreal Protocol when amounts from 
stocks combined with allowable production and consumption exceed the 
total level for that Party set forth in annex II A to the present 
report.'' This restriction applies in countries where methyl bromide 
material necessary to meet the agreed critical uses is derived from a 
combination of available stocks and new production or imports. In this 
situation, a Party may not allow the total amount of material supplied 
from stocks and new production and consumption to exceed the level of 
use for categories determined by the Parties to be critical. This 
restriction is necessary to ensure that a Party's total level of use in 
critical use categories does not exceed the level which formed the 
basis for the Parties' decision to authorize new production and 
consumption at particular levels. This limitation was deemed to be a 
necessary condition applicable to Parties authorized under the critical 
use exemption to produce or import a dedicated supply of methyl bromide 
to meet critical needs after the 2005 phaseout of methyl bromide.
    Thus, in accordance with Decision Ex. I/3, if EPA authorizes new 
production and consumption to supplement available stocks, EPA will 
restrict the use of existing stocks of methyl bromide in cases where 
use of stocks combined with the authorized level of new production and 
consumption could exceed the critical use cap. In light of the Parties' 
agreement in Decision Ex. I/3 that such a restriction is needed to 
implement Article 2H(5) of the Protocol, EPA is authorized under 
sections 604(b)(6) and 614(b) of the Clean Air Act to regulate the use 
of existing stocks of methyl bromide. EPA's power under section 
604(b)(6) to exempt new production, importation, and consumption of 
methyl bromide for critical uses exists ``to the extent consistent with 
the Montreal Protocol.'' 42 U.S.C. 7671c(b)(6). Because the Parties 
have interpreted the Protocol to impose such a use restriction as a 
condition for the authorization of new production and consumption for 
critical uses, EPA will adhere to the same restriction in its domestic 
implementation of the critical use exemption. This adherence is 
consistent with section 614(b) of the Clean Air Act. 42 U.S.C. 
7671m(b).

II. Basis for Information Request

    In this document, EPA is seeking recent and complete information on 
existing stocks of methyl bromide. EPA is requesting the data described 
in today's action to (a) determine the amount of total existing and 
available stocks in the U.S., (b) identify all parties that hold stocks 
and are entitled to receive critical stock allowances and (c) to 
develop baselines for the allocation of critical stock allowances to 
pre-phaseout inventory holders.
    Under EPA's proposed rule to implement the critical use exemption 
published elsewhere in today's Federal Register, to sell methyl bromide 
that was legally produced or imported before January 1, 2005 (pre-
phaseout inventories), to the critical use market a seller must hold 
and expend a critical stock allowance. EPA is further proposing to 
distribute critical stock allowances to persons who respond to this 
action on a pro rata basis relative to the amounts of the total 
inventory held by each respondent.

III. Statutory Authority

    The Agency requests this information under section 114 of the Clean 
Air Act, which authorizes EPA to obtain information, even confidential 
business information, needed to carry out the provisions of the Act.

IV. Information Requested

A. Affected Entities

    EPA is requiring that individuals or legal entities that are 
holding stocks of methyl bromide for sale or for transfer, provide EPA 
with the data specified in section IV.C. of this notice. Sale refers to 
stocks of methyl bromide, or fumigation services with stocks of methyl 
bromide, that the holder may have chose to provide to another entity in 
exchange for monetary or other compensation. Transfer refers to stocks 
of methyl bromide that have already been sold but not yet delivered to 
the purchaser, or fumigation services with stocks of methyl bromide 
that have been contracted for but not yet applied/fumigated, and 
therefore are held in physical possession by one entity or individual 
on behalf of another. Individuals or entities that may hold stocks for 
sale or transfer include entities that produce, import, distribute, 
sell, apply or buy methyl bromide. If an individual or entity is not in 
physical possession of stocks for sale or stocks for transfer, no 
response to EPA is required.
    To avoid double counting existing inventories, EPA is requesting 
data only from entities that are in physical possession of stocks that 
are for sale or for transfer. For example, end users of methyl bromide 
who contract with an applicator or other distributor for fumigation 
with methyl bromide as described in the following paragraph are not 
affected by this notice because they are not holding the physical 
stocks. In this example, the applicator or distributor would provide 
information to EPA on the amount of methyl bromide he is holding for 
transfer to the end user and the end user would not have any reporting 
obligation to EPA.
    In addition to stocks held for sale, EPA is seeking data on the 
quantities of methyl bromide that are being held for transfer so that 
the Agency may have a complete understanding of how much methyl bromide 
is in the existing national inventory. Stocks held for transfer may be 
a significant part of national methyl bromide inventories because of 
the prevalence of forward contracting in this industry. End users 
typically contract for a specified number of fumigations and/or amount 
of methyl bromide months or more in advance of the actual fumigation. 
Therefore, there may be sizable quantities of methyl bromide in 
national inventories as of the date of today's notice that are part of 
the existing inventory. Failure by EPA to fully account for the total 
existing stock could result in an underestimate of available stocks and 
the issuance of too few critical stock allowances.

B. Methyl Bromide

    For purposes of this request, methyl bromide means the active 
ingredient methyl bromide (CH3Br) that is contained in a 
pesticide product (either end use or manufacturing use) or intended for 
use in a pesticide product. For purposes of calculating the amounts of 
methyl bromide, the respondent shall not include other inert or active 
ingredients that may be mixed with methyl bromide in a pesticide 
product.

C. Data Required

    EPA is requiring that each affected entity (as defined in section 
IV.A.) provide the following data:
    i. The total quantity of methyl bromide (in kilograms) that was in 
your

[[Page 52407]]

possession or held by you (regardless of whether held for your benefit 
or on behalf of another person) as of December 31, 2003;
    ii. The total quantity of methyl bromide (in kilograms) that was in 
your possession or held by you (regardless of whether held for your 
benefit or on behalf of another person) as of the date of this notice;
    iii. The total quantity of methyl bromide (in kilograms) identified 
in response to paragraphs i and ii. above that is designated as having 
been produced for use in accordance with the exemption for quarantine 
and preshipment applications (QPS),
    iv. The total quantity of methyl bromide (in kilograms) identified 
in response to paragraph i. and ii. above that is designated as having 
been produced with expended Article 5 allowances explicitly for export 
to developing countries.

D. Confidential Business Information

    Anyone submitting information must assert a claim of 
confidentiality for any data it wishes to have treated as confidential 
business information (CBI) under 40 CFR part 2, subpart B. The EPA will 
disclose information identified as CBI only to the extent allowed by 
the procedures set forth in 40 CFR part 2, subpart B. Failure to assert 
a claim of confidentiality at the time of submission may result in 
disclosure of the information by the Agency without further notice. 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).
    Under section 157(b) of the Clean Air Act, ICF Consulting is hereby 
designated as an Authorized Representative of the Administrator of the 
United States Environmental Protection Agency for the purpose of 
assisting EPA in the development and implementation of national 
regulations for protection of stratospheric ozone, including the 
development of critical stock allowance baselines and allocations.
    The Authorized Representative, under EPA contract 68-W-02-028, may 
have access to any information received by the EPA to aid the Agency in 
analytical tasks associated with the critical use exemption to the 
phaseout of methyl bromide including, but not limited to, analyzing 
baselines, verifying data, and cross referencing information. Access to 
confidential business information is necessary so that ICF Consulting 
may carry out work required by the contract.
    Authorized representatives of the Administrator are subject to the 
provisions of 42 U.S.C. 7414(c) respecting confidential business 
information as implemented by 40 CFR 2.301(h).

E. Submission of Data

    The data required under this request must be submitted to EPA by 
September 23, 2004. All responsive information must be sent to the 
address listed under the FOR FURTHER INFORMATION CONTACT section of 
this action.
    Your response must be signed by a responsible officer of your 
company who shall make the following certification: ``I certify under 
penalty of law that I have personally examined and am familiar with the 
information submitted in this and all attached documents, and that 
based on my inquiry of those individuals immediately responsible for 
obtaining the information, I believe that the submitted information is 
true, accurate, and complete. I am aware that there are significant 
penalties for submitting false information, including the possibility 
of fine and imprisonment.''

V. Additional Information

Paperwork Reduction Act

    The information collection requirements in this request have been 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. and has been 
assigned OMB control number 2060-0557.
    The information collection under this notice and the accompanying 
proposed rule is authorized under sections 114, 603(b), 603(d), and 614 
of the Clean Air Act (CAA).
    EPA estimates that the total burden associated with the response to 
this notice is 135 hours. This estimate is based on EPA's understanding 
that there are approximately 54 potential respondents to today's action 
and the Agency's estimate that the average response will be 2.5 hours 
per entity.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information; process and maintain information; disclose and 
provide information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for the proposed rule 
published elsewhere in today's Federal Register, which includes this 
ICR, under Electronic Docket ID number OAR-2003-0230. Submit any 
comments related to the rule ICR for this notice to EPA and OMB. See 
Addresses Section at the beginning of this notice for where to submit 
comments to EPA. Send comments to OMB at the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street, 
NW., Washington D.C.20503 attn: Desk Officer for EPA. Include the EPA 
ICR number (2157.01) in correspondence related to this ICR.
    As noted above, respondents may assert claims of business 
confidentiality for any of the information they submit. Information 
claimed confidential will be treated in accordance with the procedures 
for handling information claimed as confidential under 40 CFR part 2, 
subpart B, and will be disclosed only to the extent, and by means of 
the procedures, set forth in that subpart. If no claim of 
confidentiality is asserted when the information is received by EPA, it 
may be made available to the public without further notice to the 
respondents (40 CFR 2.203).

    Dated: August 11, 2004.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 04-18932 Filed 8-24-04; 8:45 am]
BILLING CODE 6560-50-P