[Code of Federal Regulations]

[Title 40, Volume 17]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR82.120]



[Page 577-578]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 82_PROTECTION OF STRATOSPHERIC OZONE--Table of Contents

 

   Subpart E_The Labeling of Products Using Ozone-Depleting Substances

 

Sec.  82.120  Petitions.



    (a) Requirements for procedure and timing. Persons seeking to apply 

the requirements of this regulation to a product containing a class II 

substance or a product manufactured with a class I or a class II 

substance which is not otherwise subject to the requirements, or to 

temporarily exempt a product manufactured with a class I substance, 

based on a showing of a lack of currently or potentially available 

alternatives, from the requirements of this regulation may submit 

petitions to: Labeling Program Manager, Stratospheric Protection 

Division, Office of Atmospheric Programs, U.S. Environmental Protection 

Agency, 6202-J, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Such 

persons must label their products while such petitions are under review 

by the Agency.

    (b) Requirement for adequate data. Any petition submitted under 

paragraph (a) of this section shall be accompanied by adequate data, as 

defined in Sec.  82.120(c). If adequate data are not included by the 

petitioner, the Agency may return the petition and request specific 

additional information.

    (c) Adequate data. A petition shall be considered by the Agency to 

be supported by adequate data if it includes all of the following:

    (1) A part clearly labeled ``Section I.A.'' which contains the 

petitioner's full name, company or organization name, address and 

telephone number, the product that is the subject of the petition, and, 

in the case of a petition to temporarily exempt a product manufactured 

with a class I substance from the labeling requirement, the manufacturer 

or manufacturers of that product.

    (2) For petitions to temporarily exempt a product manufactured with 

a class I substance only, a part clearly labeled ``Section I.A.T.'' 

which states the length of time for which an exemption is requested.

    (3) A part clearly labeled ``Section I.B.'' which includes the 

following statement, signed by the petitioner or an authorized 

representative:

    ``I certify under penalty of law that I have personally examined and 

am familiar with the information submitted in this petition and all 

attached documents, and that, based on my inquiry of those individuals 

immediately responsible for obtaining the information, I believe that 

the submitted information is true, accurate, and complete. I am aware 

that there are significant penalties for submitting false information.''

    (4) A part clearly labeled ``Section I.C.'' which fully explains the 

basis for the petitioner's request that EPA add the labeling 

requirements to or remove them from the product which is the subject of 

the petition, based specifically upon the technical facility or 

laboratory tests, literature, or economic analysis described in 

paragraphs (c) (5), (6) and (7) of this section.

    (5) A part clearly labeled ``Section II.A.'' which fully describes 

any technical facility or laboratory tests used to support the 

petitioner's claim.

    (6) A part clearly labeled ``Section II.B.'' which fully explains 

any values taken from literature or estimated on the basis of known 

information that are used to support the petitioner's claim.



[[Page 578]]



    (7) A part clearly labeled ``Section II.C.'' which fully explains 

any economic analysis used to support the petitioner's claim.

    (d) Criteria for evaluating petitions. Adequate data in support of 

any petition to the Agency to add a product to the labeling requirement 

or temporarily remove a product from the labeling requirement will be 

evaluated based upon a showing of sufficient quality and scope by the 

petitioner of whether there are or are not substitute products or 

manufacturing processes for such product:

    (1) That do not rely on the use of such class I or class II 

substance;

    (2) That reduce the overall risk to human health and the 

environment; and

    (3) That are currently or potentially available.

    (e) Procedure for acceptance or denial of petition. (1) If a 

petition submitted under this section contains adequate data, as defined 

under paragraph (c) of this section, the Agency shall within 180 days 

after receiving the complete petition either accept the petition or deny 

the petition.

    (2) If the Agency makes a decision to accept a petition to apply the 

requirements of this regulation to a product containing or manufactured 

with a class II substance, the Agency will notify the petitioner and 

publish a proposed rule in the Federal Register to apply the labeling 

requirements to the product.

    (3) If the Agency makes a decision to deny a petition to apply the 

requirements of this regulation to a product containing or manufactured 

with a class II substance, the Agency will notify the petitioner and 

publish an explanation of the petition denial in the Federal Register.

    (4) If the Agency makes a decision to accept a petition to 

temporarily exempt a product manufactured with a class I substance from 

the requirements of this regulation, the Agency will notify the 

petitioner and publish a proposed rule in the Federal Register to 

temporarily exempt the product from the labeling requirements. Upon 

notification by the Agency, such manufacturer may immediately cease its 

labeling process for such exempted products.

    (5) If the Agency makes a decision to deny a petition to temporarily 

exempt a product manufactured with a class I substance from the 

requirements of this regulation, the Agency will notify the petitioner 

and may, in appropriate circumstances, publish an explanation of the 

petition denial in the Federal Register.