[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Notices]
[Page 23705-23707]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my09-49]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2009-0277; FRL-8904-6]
Protection of Stratospheric Ozone: Request for Critical Use
Exemption Applications for 2012
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Solicitation of Applications and Information on
Alternatives.
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SUMMARY: EPA is soliciting applications for the critical use exemption
from the phaseout of methyl bromide for 2012 and beyond. This exemption
is an annual exemption and all entities interested in obtaining a
critical use exemption must provide EPA with technical and economic
information to support a ``critical use'' claim and must do so by the
deadline specified in this notice even if they have previously applied
for an exemption. Today's notice also invites interested parties to
provide EPA with new data on the technical and economic feasibility of
methyl bromide alternatives.
DATES: Applications for the critical use exemption must be postmarked
on or before July 20, 2009. The response period reflects the
clarifications and reduction of burden in the application.
ADDRESSES: Applications for the methyl bromide critical use exemption
should be submitted in duplicate (two copies) by mail to: U.S.
Environmental Protection Agency, Office of Air and Radiation,
Stratospheric Protection Division, Attention Methyl Bromide Team, Mail
Code 6205J, 1200 Pennsylvania Ave, NW., Washington, DC 20460 or by
courier delivery (other than U.S. Post Office overnight) to: U.S.
Environmental Protection Agency, Office of Air and Radiation,
Stratospheric Protection Division, Attention Methyl Bromide Review
Team, 1310 L St. NW., Room 1040, Washington DC 20005. EPA also
encourages users to submit their applications electronically to Robert
Burchard, Stratospheric Protection Division, at
burchard.robert@epa.gov. If the application is submitted
electronically, applicants must fax a signed copy of Worksheet 1 to
Robert Burchard at 202-343-2338 by the application deadline.
FOR FURTHER INFORMATION CONTACT:
General Information: U.S. EPA Stratospheric Ozone Information
Hotline, 1-800-296-1996; also http://www.epa.gov/ozone/mbr.
Technical Information: Bill Chism, U.S. Environmental Protection
Agency, Office of Pesticide Programs (7503P), 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460, 703-308-8136. E-mail: chism.bill@epa.gov.
Economic Information: Elisa Rim, U.S. Environmental Protection
Agency, Office of Pesticide Programs (7503P), 1200 Pennsylvania Ave.,
NW., Washington, DC, 20460, 703-308-8123. E-mail: rim.elisa@epa.gov.
Regulatory Information: Robert Burchard, U.S. Environmental
Protection Agency, Stratospheric Protection Division (6205J), 1200
Pennsylvania Ave., NW., Washington, DC, 20460, 202-343-9126. E-mail:
burchard.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What do I need to know to respond to this request for
applications?
A. Who can respond to this request for information?
B. Whom can I contact to find out whether a consortium is
submitting an application for my methyl bromide use?
C. How do I obtain an application form for the methyl bromide
critical use exemption?
D. What alternatives must applicants address when applying for a
critical use exemption?
E. What portions of the applications will be considered
confidential business information?
F. Must I submit a ``Notice of Intent to Apply''?
G. What if I submit an incomplete application?
H. What if I applied for a critical use exemption in a previous
year?
II. What is the legal authority for the critical use exemption?
A. What is the Clean Air Act (CAA) authority for the critical
use exemption?
B. What is the Montreal Protocol authority for the critical use
exemption?
III. How is the U.S. implementing the critical use exemption?
I. What do I need to know to respond to this request for applications?
A. Who can respond to this request for information?
Entities interested in obtaining a critical use exemption must
complete the application form available at http://www.epa.gov/ozone/
mbr. The application form may be submitted either by a consortium
representing multiple users who have similar circumstances or by
individual users who anticipate needing methyl bromide in 2012 and
believe there are no technically and economically feasible
alternatives. EPA encourages groups of users with similar circumstances
of use to submit a single application (for example, any number of pre-
plant users with similar soil, pest, and climactic conditions can join
together to submit a single application). In some instances, state
agencies will assist users with the application process (see discussion
of voluntary state involvement in Part I.B. below). Given that this is
the eighth round of the critical use exemption process, EPA will take a
skeptical view regarding supporting new nominations (meaning, specific
applicants who have not previously been nominated by the U.S.
Government for an exemption) unless the applicant demonstrates that an
unforeseeable change in circumstances (e.g., withdrawal or significant
change in registration status of an alternative) justifies the need.
In addition to requesting information from applicants for the
critical use exemption, this solicitation for information provides an
opportunity for any interested party to provide EPA with information on
methyl bromide alternatives (e.g., technical and/or economic
feasibility research). The application form for the methyl bromide
critical use exemption and other
[[Page 23706]]
information on research relevant to alternatives must be sent to the
addresses specified above or e-mailed to the address specified above.
The applicant's signature, which is required in order for EPA to
process the application, is on Worksheet 1 of the application.
Applicants submitting electronically must also fax a signed copy of
Worksheet 1 to Robert Burchard at 202-343-2338 by the application
deadline.
B. Whom can I contact to find out whether a consortium is submitting an
application for my methyl bromide use?
You should contact your local, state, regional, or national
commodity association to find out whether it plans to submit an
application on behalf of your commodity group.
Additionally, you should contact your state regulatory agency
(generally this will be the state's agriculture or environmental
protection agency) to receive information about its involvement in the
process. If your state agency has chosen to participate, EPA recommends
that you first submit your application to the state agency, which will
then forward applications to EPA. The National Pesticide Information
Center Web site identifies the lead pesticide agency in each state
(http://npic.orst.edu/state1.htm).
C. How do I obtain an application form for the methyl bromide critical
use exemption?
An application form for the methyl bromide critical use exemption
can be obtained either in electronic or hard-copy form. EPA encourages
use of the electronic form. Applications can be obtained in the
following ways:
1. PDF format and Microsoft Excel at EPA's Web site: http://
www.epa.gov/ozone/mbr/cueinfo.html;
2. Hard copy ordered through the Stratospheric Ozone Protection
Hotline at 1-800-296-1996;
3. Hard-copy format at DOCKET ID No. EPA-HQ-OAR-2009-0277. The
docket can be accessed at the http://www.regulations.gov site. To
obtain copies of materials in hard copy, please e-mail the EPA Docket
Center: a-and-r-docket@epa.gov.
D. Which alternatives must applicants address when applying for a
critical use exemption?
To support the assertion that a specific use of methyl bromide is
``critical,'' applicants are expected to demonstrate that there are no
technically and economically feasible alternatives available for that
use. The Parties to the Montreal Protocol have developed an
``International Index'' of methyl bromide alternatives, which lists
chemical and non-chemical alternatives by crop. In 2008, the United
States submitted an index of alternatives, which includes the current
registration status of available and potential alternatives, that is
available on the Ozone Secretariat Web site: http://ozone.unep.org/
Exemption_Information/Critical_use_nominations_for_methyl_
bromide/MeBr_Submissions/USA-Alternatives-Ex4-1-2008.pdf.
Applicants must address technical, regulatory, and economic issues
that limit the adoption of ``chemical alternatives'' and combinations
of ``chemical'' and ``non-chemical alternatives'' listed for their crop
within the ``U.S. Index'' of Methyl Bromide Alternatives. Applicants
must also address technical, regulatory, and economic issues that limit
the adoption of ``non-chemical alternatives'' and combinations of
``chemical'' and ``non-chemical alternatives'' listed for their crop in
the ``International Index.''
E. What portions of the applications will be considered confidential
business information?
You may assert a business confidentiality claim covering part or
all of the information by placing on (or attaching to) the information,
at the time it is submitted to EPA, a cover sheet, stamped or typed
legend, or other suitable form of notice employing language such as
``trade secret,'' ``proprietary,'' or ``company confidential.'' You
should clearly identify the allegedly confidential portions of
otherwise non-confidential documents, and you may submit them
separately to facilitate identification and handling by EPA. If you
desire confidential treatment only until a certain date or until the
occurrence of a certain event, your notice should state that.
Information covered by a claim of confidentiality will be disclosed by
EPA only to the extent, and by means of the procedures, set forth under
40 CFR part 2, subpart B; 41 FR 36752, 43 FR 40000, 50 FR 51661. If no
claim of confidentiality accompanies the information when EPA receives
it, EPA may make it available to the public without further notice.
If you are asserting a business confidentiality claim covering part
or all of the information in the application, please submit a non-
confidential version that EPA can place in the public docket for
reference by other interested parties. Do not include on the
``Worksheet Six: Application Summary'' page of the application any
information that you wish to claim as confidential business
information. Any information on Worksheet 6 shall not be considered
confidential and will not be treated as such by the Agency. EPA will
place a copy of Worksheet 6 in the public domain. Applications that are
not confidential business information will be placed in the Docket in
their entirety. Please note, claiming business confidentiality may
delay EPA's ability to review your application.
F. Must I submit a ``Notice of Intent to Apply''?
A ``Notice of Intent to Apply'' is not required, but would
facilitate the organization of the application review during the
critical use exemption process. If EPA is aware of the consortia and
the individuals who intend to submit applications 30 days before the
application deadline, the technical experts will be better positioned
to review the application. This Notice may be submitted to Robert
Burchard via e-mail at burchard.robert@epa.gov or via U.S. mail to U.S.
Environmental Protection Agency, Office of Air and Radiation,
Stratospheric Protection Division, 1200 Pennsylvania Ave., NW., 6205J,
Washington, DC 20460 or by courier to U.S. Environmental Protection
Agency, Office of Air and Radiation, Stratospheric Protection Division,
1310 L St., NW., Room 1040, Washington, DC 20005.
G. What if I submit an incomplete application?
EPA will not accept any applications postmarked after July 20,
2009. If the application is postmarked by the deadline but is
incomplete or missing any data elements, EPA will not accept the
application and will not include the application in the U.S. nomination
submitted for international consideration. If the application is
substantially complete with only minor errors, corrections will be
accepted. EPA reviewers may also call an applicant for further
clarification of an application, even if it is complete.
All consortia or users who did not apply to EPA for the 2008
control period (calendar year) must submit an entire completed
application with all Worksheets.
H. What if I applied for a critical use exemption in a previous year?
Users must apply to EPA for critical use exemptions on an annual
basis. However, if a user group submitted a complete application to EPA
in 2008, the user is only required to submit revised copies of the
certain Worksheets listed below, though the entire
[[Page 23707]]
application with all Worksheets must be on file with EPA. You must
submit Worksheets 1, 2B, 2C, 2D, 4, 5, and 6 in full regardless of
whether you submitted an application in 2008. You need only complete
the remaining worksheets if any information has changed since 2008. If
you submitted a critical use exemption application to EPA in 2002,
2003, 2004, 2005, 2006, or 2007 but did not submit an application in
2008, then you must submit all of the worksheets in the application
again in their entirety.
II. What is the legal authority for the critical use exemption?
A. What is the Clean Air Act (CAA) authority for the critical use
exemption?
The October 1998 amendments to the Clean Air Act added sections
604(d)(6), 604(e)(3), and 604(h), requiring EPA to conform the U.S.
phaseout schedule for methyl bromide to the provisions of the Montreal
Protocol for industrialized countries. Under this schedule methyl
bromide was phased out starting in 2005. Additionally, the 1998
amendment allowed EPA to exempt the production and import of methyl
bromide from the phaseout for critical uses starting January 1, 2005,
to the extent consistent with the Montreal Protocol.
B. What is the Montreal Protocol authority for the critical use
exemption?
The Montreal Protocol provides an exemption to the phaseout of
methyl bromide for critical uses in Article 2H, paragraph 5. The
Parties to the Protocol included such an exemption in recognition that
alternatives might not be available by 2005 for certain uses of methyl
bromide agreed by the Parties to be ``critical uses.''
In their Ninth Meeting (1997), the Parties to the Protocol agreed
to Decision IX/6, setting forth the following criteria for a ``critical
use'' determination:
(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
a critical use 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 consideration the
circumstances of the particular nomination . * * * Non-Article 5
Parties [e.g., the U.S.] must demonstrate that research programs are in
place to develop and deploy alternatives and substitutes. * * *
A Class I controlled substance that was produced or imported
through the expenditure of allowances prior to its phaseout date can
continue to be used by industry and the public after that specific
chemical's phaseout under EPA's phaseout regulations, unless otherwise
precluded under separate regulations.
III. How is the U.S. implementing the critical use exemption?
Under the provisions of both the CAA and the Montreal Protocol, the
critical use exemption became available to approved users on January 1,
2005. There is both a domestic and international component to the
critical use exemption process. The following outline projects a
timeline for the process for the next three years.
May 20, 2009: Solicit applications for the methyl bromide critical
use exemption for 2012.
July 20, 2009: Deadline for submitting critical use exemption
applications to EPA.
Fall 2009: U.S. Government (through EPA, Department of State, U.S.
Department of Agriculture, and other interested federal agencies)
prepares U.S. Critical Use Nomination package.
January 24, 2010: Deadline for U.S. Government to submit U.S.
nomination package to the Protocol Parties.
Early 2010: Technical and Economic Assessment Panel (TEAP) and
Methyl Bromide Technical Options Committee (MBTOC) reviews Parties'
nominations for critical use exemptions.
Mid 2010: Parties consider TEAP/MBTOC recommendations.
November 2010: Parties authorize critical use exemptions for methyl
bromide for production and consumption in 2012.
Mid 2011: EPA publishes proposed rule for allocating critical use
exemptions in the U.S. for 2012.
Late 2011: EPA publishes final rule allocating critical use
exemptions in the U.S. for 2012.
January 1, 2012: Critical use exemption permits the limited
production and import of methyl bromide for specified uses for the 2012
control period.
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
Dated: May 4, 2009.
Brian J. McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E9-11742 Filed 5-19-09; 8:45 am]
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