[Federal Register Volume 73, Number 138 (Thursday, July 17, 2008)]
[Notices]
[Pages 41076-41078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16384]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2006-0130; FRL-8690-3]


Protection of Stratospheric Ozone: Notice of Data Availability; 
Information Concerning the Destruction of Ozone-Depleting Substances in 
the United States

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 destruction of controlled 
ozone-depleting substances (ODSs) in the United States. As a Party to 
the Montreal Protocol on Substances that Deplete the Ozone Layer 
(Montreal Protocol) and consistent with the requirements of the Clean 
Air Act (CAA) as amended in 1990, the United States regulates the 
destruction of ODSs in a manner that prevents (or minimizes) emissions 
of the substances into the atmosphere, where they deplete the 
stratospheric ozone layer. Regulations governing the destruction of 
ODSs in the United States are contained in 40 CFR part 82, subpart A, 
and include seven permitted destruction technologies, required 
destruction efficiency, and associated recordkeeping and reporting 
requirements. In addition to the stratospheric ozone protection 
regulations under the CAA, a number of other regulations also govern 
the destruction of ODSs in the United States including, but not limited 
to, regulations promulgated under the Resource Conservation and 
Recovery Act (RCRA).
    Today, EPA is making available the draft report Destruction of 
Ozone-Depleting Substances in the United States, prepared by ICF 
International.

[[Page 41077]]

The report analyzes ODS destruction practices in the United States and 
includes data on the types and quantities of ODSs destroyed in the 
United States in previous years, estimates of future destruction 
trends, and a review of technologies currently being employed to 
destroy ODSs. Because EPA plans to use the technical information when 
developing regulations, EPA wants to provide the public with an 
opportunity to review the information and submit comments. 
Specifically, EPA requests comments on the report's characterization of 
current destruction practices and its estimates of types and quantities 
of controlled substances available in the future for destruction in the 
United States. EPA will only consider comments about the information 
presented in Destruction of Ozone-Depleting Substances in the United 
States and is not soliciting comments on any other topic.

DATES: EPA will accept comments on the report through September 15, 
2008.

ADDRESSES: Submit your comments, identified by EDocket ID No. EPA-HQ-
OAR-2006-0130, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax comments to (202) 566-1741.
     Mail: Submit comments to Air and Radiation Docket at EPA 
West, 1301 Constitution Avenue, NW., Room B108, Mail Code 6102T, 
Washington, DC 20460, and Phone: (202) 566-1742.
    Instructions: Direct your comments to EDocket ID No. EPA-HQ-OAR-
2006-0130. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 
http://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.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2006-0130, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air and 
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday, 
excluding legal holidays. The telephone number for the Reading Room is 
202-566-1744, and the telephone number for the Air and Radiation Docket 
is 202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.

FOR FURTHER INFORMATION CONTACT: Kirsten M. Cappel, by regular mail: 
U.S. Environmental Protection Agency, Stratospheric Protection Division 
(6205J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; by 
courier service or overnight express: 1310 L Street, NW., Room 1047C 
Washington, DC 20005; by telephone: (202) 343-9556; or by e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Outline

1. What is today's 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 existing regulations to phase 
out ODSs?
5. What is EPA taking comment on and what supporting documentation 
do I need to include in my comments?
6. What should I consider as I prepare my comments for EPA?

1. What is today's action?

    This notice of data availability (NODA) provides for public review 
and comment the report Destruction of Ozone-Depleting Substances in the 
United States. The report examines data pertaining to the types and 
quantities of ODSs destroyed in the United States in previous years, 
and estimates the types and quantities available in the future. In 
addition, the report presents information about existing technologies 
being employed domestically to destroy ODSs. The report also includes a 
summary of regulations promulgated under RCRA and the CAA that govern 
the destruction of ODSs. The contractor's summary of existing 
regulations appears in the report purely to provide context for the 
technical information presented and does not represent EPA guidance or 
interpretation.

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 International under contract to EPA, Destruction of 
Ozone-Depleting Substances in the United States.

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). In addition, a link 
to the report Destruction of Ozone-Depleting Substances in the United 
States will be on the EPA Web site: http://www.epa.gov/ozone/strathome.html.

4. How is this action related to the existing regulations to phase out 
ODSs?

    EPA is considering amending its regulations governing the import of 
ODSs listed as either ``Class I'' or ``Class II'' controlled substances 
under 40 CFR part 82, subpart A in cases where ODSs are being imported 
for destruction. Over the last several years most developed countries 
have largely phased out of the most ozone-depleting ODSs, replacing 
them with substances that damage the ozone layer less or not at all. 
This transition has resulted in substantial quantities of ODSs that may 
have reached the end of their usefulness and thus potentially could be 
destroyed.
    EPA recognizes that when importers are importing ODSs for 
destruction, a set of requirements designed to address this specific 
situation may be needed to ensure that the material that enters the 
United States is destroyed effectively. The information contained in 
the report will assist EPA as it prepares to propose revised 
regulations for imports of

[[Page 41078]]

controlled ODSs for purposes of destruction in the United States.

5. What is EPA taking comment on and what supporting documentation do I 
need to include in my comments?

    EPA is only accepting comments on the accuracy and completeness of 
the information outlined in this NODA and contained in the report 
Destruction of Ozone-Depleting Substances in the United States. 
Specifically, EPA requests comment on topics contained in this report 
including but not limited to:
     Current destruction practices, including procedures for 
collecting and destroying ODSs;
     ODSs destruction costs, including transportation costs, 
capital costs associated with equipment upgrades (i.e., to prevent 
corrosion from acid gases), and actual costs of destroying ODSs;
     Estimates of types and quantities of ODSs available in the 
future for destruction;
     Capacity of destruction facilities in the United States to 
destroy ODSs currently and in the future;
     The extent to which destruction facilities in the United 
States and internationally are meeting the technical performance 
qualifications recommended by the Ozone Secretariat's Technology and 
Economic Assessment Panel (TEAP) in the April 2002 Report of the Task 
Force on Destruction Technologies, and whether they are able to 
demonstrate that they are meeting those recommendations (i.e., 
providing trial burn data); and
     Types of destruction technologies available 
internationally to destroy ODSs.
    EPA requests that commenters provide corrected information or 
suggested language, along with the rationale as to why the existing 
text was incorrect or incomplete. In addition, please provide any 
published studies or raw data supporting your claim. At this time, EPA 
is not requesting comments of a general or editorial nature, or 
unsubstantiated opinion.

6. 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.

    Dated: July 7, 2008.
Edward Callahan,
Acting Director, Office of Atmospheric Programs, Office of Air and 
Radiation.
 [FR Doc. E8-16384 Filed 7-16-08; 8:45 am]
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