Notice of Availability of Petition Seeking Application of Title VI Labeling Requirements to Class II Substances

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