[Federal Register: March 2, 2004 (Volume 69, Number 41)]
[Rules and Regulations]
[Page 9754-9755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr04-7]
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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 Godwin.Dave@epa.gov,
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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