[Federal Register Volume 59, Number 241 (Friday, December 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30948]
[[Page Unknown]]
[Federal Register: December 16, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5122-9]
Notice of Availability of Petition Seeking Application of Title
VI Labeling Requirements to Class II Substances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA is announcing that on November 7, 1994, it received a
petition from Friends of the Earth and several other public interest
groups (petitioners) requesting that EPA take action under section 611
of the Clean Air Act (the Act) to require labeling of products
containing or manufactured with ozone- depleting substances(ODSs).
Specifically, petitioners request that EPA require the labeling of
products containing class II ODSs or that are manufactured with a
process using class II ODSs. The petition is available for public
review at the address noted below. EPA is commencing review of the
petition to determine whether to amend its labeling rule as requested
in the petition.
DATES: The Agency will receive written comments on this petition until
January 17, 1995.
ADDRESSES: Please direct all correspondence to the addresses shown
below. The petition is available for public inspection at Docket A-91-
60-VII-A-1 at the Air Docket (see address below). Written comments
should be submitted (in triplicate if possible) to the Air Docket
[insert Mail Code] of the EPA, room M-1500, 401 M Street SW,
Washington, DC 20460, (202) 260-7548, between the hours of 8:00 a.m. to
5:30 p.m. on Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Sue Stendebach, Office of Atmospheric
Programs, Stratospheric Protection Division, Program Implementation
Branch (Mail Code 6205J), U.S. EPA, 401 M Street, S.W., Washington, DC,
20460, telephone: (202) 233-9117.
SUPPLEMENTARY INFORMATION:
I. Introduction
Section 611 of the Clean Air Act requires EPA to promulgate
standards mandating that beginning on May 15, 1993, all containers
containing class I and class II ODSs, products containing class I ODSs,
and products manufactured with a process that uses any class I ODS,
must bear a clearly legible and conspicuous warning label. Section 611
also states that effective January 1, 2015, all products containing a
class II ODS and all products manufactured with a process that uses any
class II ODS shall be labeled. Moreover, section 611 states that the
Administrator may require labeling of any product containing or
manufactured with class II ODSs prior to January 1, 2015 if the
Administrator determines, after notice and opportunity for public
comment, that there are substitute products or manufacturing processes
(A) that do not rely on the use of such class II substance, (B) that
reduce the overall risk to human health and the environment, and (C)
that are currently or potentially available.
Section 611(e) allows any person to petition the Administrator to
apply the labeling requirements to any product containing or
manufactured with a class II substance. The statute requires that
within 180 days after receiving such petition, the Administrator shall,
pursuant to the criteria detailed above, either propose to apply the
labeling requirements to the product or publish an explanation of the
petition denial. If the Administrator proposes to apply such
requirements to the product, the Administrator must render a final
determination within one year after receiving the petition. Section
611(e) requires a showing by petitioners that there is adequate data
supporting the petition and requires that if EPA finds that such
information is not sufficient to make a determination, it shall use any
authority it has to acquire such information. Any product the
Administrator finds to be subject to the labeling requirements would
have one year to comply with such requirements.
On February 11, 1993, EPA's final rule promulgating regulations (40
C.F.R. Part 82 Subpart E - 40 C.F.R. Sec. 82.100 et.seq.) to implement
section 611 were published in the Federal Register (58 FR 8136). The
Administrator did not at that time determine that any products
containing or manufactured with class II substances were subject of the
labeling requirements. The final regulations contained a section (40
CFR 82.120) setting forth EPA procedures for filing and reviewing
petitions requesting that the labeling provisions apply to any product
containing or manufactured with class II ODSs. (The section also
applies to petitions to temporarily exempt products manufactured with
class I ODSs.)
II. Friends of the Earth Petition
On November 7, 1994, EPA received a petition from Friends of the
Earth, the Atmosphere Alliance, the Environmental Defense Fund,
Greenpeace, the Natural Resources Defense Council, Ozone Action, Save
Our Ozone and Save Our Stratosphere (petitioners), seeking a
determination from EPA to require the labeling of all products
containing class II ODSs and all products manufactured with a process
using class II ODSs. Petitioners contend that there is considerable
concern over the use of class II substances and their effect on the
stratospheric ozone layer. Petitioners also contend that the evidence
they provide shows that substitutes for class II substances are
currently available.
EPA is commencing a review of the petition and the supporting
materials cited therein to determine whether to amend the labeling rule
as requested in the petition. EPA is requesting comment from all
interested persons regarding the petition and the contentions therein.
In particular, EPA requests comment regarding whether the criteria of
section 611(c) are met regarding particular uses of class II
substances. EPA is interested in learning of any applications of
specific class II substances for which it is believed that substitutes
do or do not exist. The comment period shall extend until January 17,
1995.
Richard D. Wilson,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. 94-30948 Filed 12-15-94; 8:45 am]
BILLING CODE 6560-50-P
