[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Pages 35230-35232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12446]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8331-6]


Protection of Stratospheric Ozone: Notice of Data Availability--
Changes in HCFC Consumption and Emissions From the U.S. Proposed 
Adjustments for Accelerating the HCFC Phaseout

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability and request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) is making available 
to the public information concerning the potential changes in 
hydrochlorofluorocarbon (HCFC) consumption and emissions from the 
proposed adjustments to the Montreal Protocol on Substances that 
Deplete the Ozone Layer (Montreal Protocol) submitted by the United 
States for consideration at the 19th Meeting of the Parties (MOP-19) to 
be held in Montreal beginning on September 17, 2007. HCFCs are already 
subject to controls under the Protocol, and the proposed adjustments 
would accelerate the application of those controls. While HCFCs are 
less damaging to stratospheric ozone than the chlorofluorocarbons 
(CFCs) they replaced, they still deplete the ozone layer. EPA is making 
available the report Changes in HCFC Consumption and Emissions from the 
U.S. Proposed Adjustments for Accelerating the HCFC Phaseout, prepared 
by ICF Consulting.

[[Page 35231]]

The information gathered and presented in the report concerns the 
United States' proposal to adjust the HCFC phaseout schedule under the 
Montreal Protocol. Because EPA plans to use this information in 
preparation for MOP-19, EPA wants to provide the public with an 
opportunity to review the information and submit comments. Readers 
should note that EPA will only consider comments about the information 
presented in Changes in HCFC Consumption and Emissions from the U.S. 
Proposed Adjustments for Accelerating the HCFC Phaseout and is not 
soliciting comments on any other topic. In particular, EPA is not 
soliciting comments on the HCFC phaseout established in EPA's December 
10, 1993, rulemaking (58 FR 65018).

DATES: EPA will accept comments on the data through July 27, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0530, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-1741.
     Mail: Docket , Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, Mail code: 
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: Docket EPA-HQ-OAR-2003-0163, Air 
and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room 
B108, Mail Code 6102T, Washington, DC 20460. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0530. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Cindy Axinn Newberg, by regular mail: 
U.S. Environmental Protection Agency (6205J), 1200 Pennsylvania Ave., 
NW., Washington, DC 20460; by courier service or overnight express: 
1310 L Street, NW., Room 1047A, Washington, DC 20005; by telephone: 
(202) 343-9729; by fax: (202) 343-2338; or by e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Outline

1. What is this Action?
2. What information is EPA making available for review and comment?
3. Where can I get the information?
4. How is this action related to the U.S. phaseout of ozone-
depleting substances?
5. What should I consider as I prepare my comments for EPA?
6. What is EPA not taking comment on?
7. What supporting documentation do I need to include in my 
comments?
8. Will there be other opportunities to provide comment on the 
information?

1. What is this Action?

    While the Parties to the Montreal Protocol have already made 
tremendous strides in phasing out ozone-depleting substances, there are 
opportunities to speed recovery of the ozone layer by accelerating the 
phaseout of HCFCs. Under the Montreal Protocol, industrialized 
countries and developing countries have different schedules for phasing 
out production and consumption of ozone-depleting substances, including 
HCFCs. In this context, ``consumption'' is defined as production plus 
imports minus exports. The Parties have previously agreed to a phaseout 
schedule culminating in a complete phaseout for non-Article 5 Parties 
in 2030 and Article 5 Parties in 2040. Developing countries operating 
under Article 5, paragraph 1of the Montreal Protocol are referred to as 
Article 5 Parties. The United States believes steps can be taken to 
reduce HCFC consumption further and achieve a total phaseout more 
quickly. This Notice of Data Availability (NODA) describes, and 
provides for public review and comment, an analysis that supports 
accelerating the HCFC phaseout.
    EPA believes that accelerating the HCFC phaseout will further 
protect the ozone layer. For example, adoption of all four elements of 
the U.S. proposal would result in a 54 percent reduction in HCFC 
emissions compared to the current phaseout schedule. EPA's analysis 
discusses the HCFC phaseout in a broader context, however, and also 
considers the transition to likely HCFC alternatives and improvements 
in energy efficiency that will result from the installation of new 
equipment. Such an approach is necessary to ensure that potential 
benefits are considered in the appropriate context. The data made 
available through this Notice is specific to the United States' 
proposal but may have general applicability to the other five proposals 
submitted by various Parties to the Protocol. Those interested in the 
suite of proposed adjustments are encouraged to review Proposed 
Adjustments to the Montreal Protocol (UNEP/OzL.Pro.WG.1/27/8/Rev.2), on 
the Web at: http://ozone.unep.org/Meeting_Documents/oewg/27oewg/OEWG-27-8-Rv2Cr1E.pdf.
    EPA is making available information concerning analysis of the 
proposed adjustments submitted by the United States for consideration 
at MOP-19. Comments submitted in response to this Notice of Data 
Availability (NODA) may be used as EPA and other agencies prepare for 
MOP-19.

2. What information is EPA making available for review and comment?

    EPA is making available for review and comment a draft report 
prepared by ICF Consulting under contract to EPA, Changes in HCFC 
Consumption and Emissions from the U.S. Proposed Adjustments for 
Accelerating the HCFC Phaseout.
    Those interested in this NODA may wish to review the Protocol and 
the recent proceedings from the 27th Open-Ended Working Group (OEWG) 
Meeting held in Nairobi, Kenya June 4-7, 2007 (http://ozone.unep.org/Meeting_Documents/oewg/27oewg/index.shtml), as well as the specific 
six sets of proposed adjustments submitted by nine Parties presented in 
Proposed Adjustments to the Montreal Protocol (UNEP/OzL.Pro.WG.1/27/8/
Rev.2).

[[Page 35232]]

3. Where can I get the information?

    All of the information can be obtained through the Air Docket (see 
ADDRESSES section above for docket contact info). A link to the report 
Changes in HCFC Consumption and Emissions from the U.S. Proposed 
Adjustments for Accelerating the HCFC Phaseout will be on the EPA Web 
site: http://www.epa.gov/ozone/strathome.html.

4. How is this action related to the U.S. phaseout of ozone-depleting 
substances?

    The following table shows the U.S. schedule for phasing out its 
consumption of HCFCs in accordance with the current terms of the 
Protocol for Non-Article 5 Parties.

                                             HCFC Phaseout Schedule
----------------------------------------------------------------------------------------------------------------
    Comparison of the current Montreal Protocol schedule for Non-Article 5 Parties and United States phaseout
                                                    schedules
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                  Montreal Protocol                                          United States
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                                            Percent
                                         reduction in
                                         consumption,                                 Implementation of HCFC
         Year to be implemented            using the     Year to be implemented   phaseout through Clean Air Act
                                           cap as a                                         regulations
                                           baseline
----------------------------------------------------------------------------------------------------------------
2004...................................          35.0  2003.....................  No production and no importing
                                                                                   of HCFC-141b.
2010...................................          65.0  2010.....................  No production and no importing
                                                                                   of HCFC-142b and HCFC-22,
                                                                                   except for use in equipment
                                                                                   manufactured before 1/1/2010.
                                                                                  No production and no importing
                                                                                   of any HCFCs, except for use
                                                                                   as refrigerants in equipment
                                                                                   manufactured before 1/1/2020.
2020...................................          99.5  2020.....................  No production and no importing
                                                                                   of HCFC-142b and HCFC-22.
2030...................................         100.0  2030.....................  No production and no importing
                                                                                   of any HCFCs.
----------------------------------------------------------------------------------------------------------------

    The following table shows the current obligations for Article 5 
Parties for phasing out HCFCs.

 Current Montreal Protocol obligations for article 5(I) parties for HCFC
                               consumption
------------------------------------------------------------------------
       Year to be implemented                     Obligation
------------------------------------------------------------------------
2015................................  Establish HCFC base consumption
                                       level.
2016................................  Maintain HCFC base consumption
                                       level.
2040................................  100% reduction in base consumption
                                       level.
------------------------------------------------------------------------

    The proposed adjustments would accelerate the phaseout schedule for 
both Article 5 and non-Article 5 Parties by 10 years; would move 
forward the year for which non-Article 5 Parties establish a baseline 
and freeze consumption; would add stepwise reductions to the Article 5 
Parties' schedule rather than maintaining a freeze for 25 years 
followed by a complete phaseout, and would follow a phaseout schedule 
based on the ozone-depleting potential of the various HCFCs similar to 
our domestic approach--called `worst-first' or `worst-faster'.

5. What should I consider as I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information or data you used that support 
your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

6. What is EPA not taking comment on?

    EPA is only accepting comments on accuracy and completeness of the 
information outlined in this Federal Register Notice and contained in 
the report Changes in HCFC Consumption and Emissions from the U.S. 
Proposed Adjustments for Accelerating the HCFC Phaseout. EPA is not 
accepting comment on the following:
     HCFC phaseout established in EPA's December 10, 1993 
rulemaking (58 FR 65018),
     The allowance system for controlling HCFC production 
import and export, or
     The commitments of the U.S. as a Party to the Montreal 
Protocol.

7. What supporting documentation do I need to include in my comments?

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

8. Will there be other opportunities to provide comment on the 
information?

    EPA or other U.S. government agencies may decide to schedule a 
public meeting for stakeholders concerning the proposed adjustments or 
other issues that may be discussed at MOP-19 after July 27, 2007 to 
continue a dialogue. At this time, EPA has not scheduled such a 
meeting.

    Dated: June 21, 2007.
Edward Callahan,
Acting Director, Office of Atmospheric Programs, Office of Air and 
Radiation, U.S. Environmental Protection Agency.
 [FR Doc. E7-12446 Filed 6-26-07; 8:45 am]
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