[Federal Register Volume 73, Number 121 (Monday, June 23, 2008)]
[Proposed Rules]
[Pages 35363-35365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14103]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2002-0064; FRL-8683-6]
RIN 2060-AK26
Protection of Stratospheric Ozone: Listing of Substitutes for
Ozone-Depleting Substances--n-Propyl Bromide in Adhesives, Coatings,
and Aerosols; Notice of Data Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability and request for comment period.
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SUMMARY: The Environmental Protection Agency (EPA) is making available
to the public information related to a May 30, 2007 proposed rule under
the Significant New Alternatives Policy
[[Page 35364]]
(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 finds acceptable the use of alternatives that reduce the overall
risk to public health and the environment. EPA proposed to list n-
propyl bromide (nPB) as unacceptable for use as a substitute for
chlorofluorocarbon (CFC)-113, methyl chloroform, and
hydrochlorofluorocarbon (HCFC)-141b in the adhesive and aerosol solvent
end uses; and acceptable subject to use conditions (limited to coatings
at facilities that, as of May 30, 2007, had provided EPA with
information demonstrating their ability to maintain acceptable
workplace exposures) as a substitute for methyl chloroform, CFC-113,
and HCFC-141b in the coatings end use. The Agency has received
additional information regarding the exposure levels of n-propyl
bromide found in the workplace due to use of aerosols containing n-
propyl bromide, as well as information on industry practices from
aerosol suppliers and from a survey of a significant number of end
users. The Agency is requesting comment on these materials. We plan to
consider this information, and any comments received during the comment
period on this notice of data availability, in determining what future
action to take on our May 2007 proposal regarding the use of n-propyl
bromide in aerosols.
DATES: Comments must be received on or before August 22, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2002-0064, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mail code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC
20460, Attention Docket ID No. EPA-HQ-OAR-2002-0064.
Hand Delivery: EPA Docket Center, (EPA/DC) EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID
No. EPA-HQ-OAR-2002-0064. 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-
2002-0064. 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 instructions on submitting
comments, go to section I. of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The 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
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Margaret Sheppard, Stratospheric
Protection Division, Office of Atmospheric Programs, Mail Code 6205J,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number (202) 343-9163; fax number (202)
343-2362; e-mail address: [email protected]. Notices and
rulemakings under the SNAP program are available on EPA's Stratospheric
Ozone World Wide Web site at http://www.epa.gov/ozone/snap/regs.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What should I consider as I prepare my comments for EPA?
II. What is this action?
III. On what information is EPA requesting comment?
IV. Where can I get the data and comments being made available for
comment?
V. Why is EPA requesting comment on these data and comments?
VI. What is EPA not taking comment on?
VII. What supporting documentation do I need to include in my
comments?
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting Confidential Business Information (CBI)
Do not submit this information to EPA through www.regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, 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 claimed as CBI. In addition to one complete version of the comment
that includes 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. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
Send or deliver information identified as CBI only by delivery
service to the following address: Margaret Sheppard, U.S. EPA, 1310 L
Street, NW., Room 1029, Washington DC 20005, Attention Docket ID No.
EPA-HQ-OAR-2002-0064.
B. Tips for Preparing Your Comments
When submitting comments, remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register (FR) date,
and page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
[[Page 35365]]
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. How Can I Get Copies of Related Information?
The specific public comments and data on which EPA is taking
comment are available in Docket ID No. EPA-HQ-OAR-2002-0064
(continuation of Air Docket A-91-42). The physical address for EPA's
docket is discussed above in the ADDRESSES section of this action.
These documents and other information concerning EPA's May 30, 2007
proposed rulemaking are available electronically through http://www.regulations.gov, as discussed above in the ADDRESSES section of
this action. 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 This Action?
We are requesting comment on additional information received during
and after the public comment period concerning industry practices and
workplace exposure levels of n-propyl bromide when it is used as an
aerosol solvent. The May 30, 2007 proposed rule, 72 FR 30168, proposed
to list the chemical n-propyl bromide as an unacceptable substitute for
methyl chloroform (1,1,1-trichloroethane), CFC-113 (1,1,2-trifluoro-
1,2,2-trichloroethane), and HCFC-141b (1,1-dichloro-1-fluoroethane)
when used in aerosol solvents. EPA proposed that nPB in this end use
poses unacceptable risks to human health when compared with other
substitutes that are available. In addition, EPA took comment on
alternate options that would find nPB acceptable subject to use
conditions in aerosol solvents.
In response to the May, 2007 proposal, EPA received public
comments, which have been made available to the public through docket
EPA-HQ-OAR-2002-0064. Most of these comments concerned the Agency's
proposal to find nPB unacceptable in aerosols.\1\ In the proposal, we
stated: ``EPA's greatest concern with nPB-based aerosols is that users
of nPB as an aerosol solvent cannot reliably maintain exposures at
sufficiently low levels to ensure that workers are protected. This
finding is based on measured exposure data and model estimations
indicating the likelihood of elevated concentrations associated with
nPB-based aerosols given typical ventilation conditions.'' (72 FR
30188)
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\1\ Comments were also received on the other two aspects of that
proposal which concerned nPB as a substitute for methyl chloroform,
CFC-113, and HCFC-141b in the adhesives and coatings end uses.
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III. On What Information Is EPA Requesting Comment?
EPA is requesting comment on the public comments and data in the
following documents in:
Docket EPA-HQ-OAR-2002-0064:
July 30, 2007 Comments submitted by D. Douglas Fratz, Vice
President, Scientific and Technical Affairs, and Andrew R. Hackman,
Manager, State Affairs Programs, Consumer Specialty Products
Association (CSPA) and attachments--docket items EPA-HQ-OAR-2002-0064-
0319 and EPA-HQ-OAR-2002-0064-0319.1.
November 16, 2007 Supplemental Comments submitted by D.
Douglas Fratz, Vice President, Scientific & Technical Affairs and
Andrew Hackman, Manager, State Affairs Programs, CSPA and attachments--
docket items EPA-HQ-OAR-2002-0064-0327, EPA-HQ-OAR-2002-0064-0327.1,
and EPA-HQ-OAR-2002-0064-0327.2.
E-mail exchanges between M. Sheppard, EPA, and A. Hackman,
CSPA--docket items EPA-HQ-OAR-2002-0064-0340, EPA-HQ-OAR-2002-0064-
0341, EPA-HQ-OAR-2002-0064-0342, and EPA-HQ-OAR-2002-0064-0344.
IV. Where Can I Get the Data and Comments Being Made Available for
Comment?
All of the data on which we are seeking comment can be obtained
through docket EPA-HQ-OAR-2002-0064 at http://www.regulations.gov. You
also can find this information in hard copy through EPA's Air and
Radiation Docket in the Public Reading Room at the address given in the
ADDRESSES section above.
V. Why Is EPA Requesting Comment on These Data and Comments?
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 May 2007 proposal, in which we proposed to list nPB as unacceptable
in the aerosol solvent end use. The information which we are seeking
comment on will be considered by EPA in determining how to proceed on
our proposal and because it substantially expands data for this end use
beyond the information the Agency had available at the time we issued
the proposed rule, the Agency is now providing the public with an
opportunity to comment on the quality, accuracy and representativeness
of the information. We will consider this information, along with other
data and public comments also available in the public docket, to move
forward with a final rulemaking concerning nPB in the aerosol solvent
end use.
VI. What Is EPA Not Taking Comment On?
EPA is not taking additional comment on exposure data or industry
practices in end uses of adhesives and coatings. EPA is only taking on
comment in the end use of aerosol solvents. Furthermore, we are only
accepting comments on the quality, accuracy, and representativeness of
the information and comments described in this action.
VII. What Supporting Documentation Do I Need To Include in My Comments?
Please provide any information or data supporting your comments,
particularly information on exposure levels, the amount of nPB usage,
and ventilation levels when nPB is used as an aerosol solvent.
Dated: June 4, 2008.
Brian McLean,
Director, Office of Atmospheric Programs, Office of Air and Radiation.
[FR Doc. E8-14103 Filed 6-20-08; 8:45 am]
BILLING CODE 6560-50-P