OMB Control # 2060 0482 SECTOR _________________________

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 Under the Clean Air Act and the international treaty to protect the ozone layer ( the Montreal Protocol on Substances that Deplete the Ozone Layer), the production and import of methyl bromide will be phased out in the United States on January 1, 2005. This application seeks information to support a U. S. request to produce and import methyl bromide for certain critical uses and circumstances beyond this 2005 phaseout date.

The information in this application will be used to review whether your use of methyl bromide is " critical" because no technically and economically feasible alternatives are available. In order to estimate the loss as a result of not having methyl bromide available, EPA needs to compare data ( commodity prices, revenues, and costs) for your use of methyl bromide with uses of alternative pest control regimens.

If you submit a well documented application with sound reasons why alternatives are not technically and economically feasible, the U. S. government can be a better advocate for your exemption request internationally.

EPA Form # 7620 18b Post Harvest Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number. For EPA Use Only ID # ______________

2004 Application for Critical Use Exemption of Methyl Bromide for Post Harvest Use in 2006 and beyond in the United States WHY IS THIS INFORMATION NEEDED?

Click on the Instructions tab located at the bottom of the screen for additional information.

The information contained in this application is critical to process and assess the need for methyl bromide. Filling out this application in its entirety will bolster the U. S. government's ability to strengthen the nomination package for the international review boards. WHO APPLIES?

STATE CONTACTS HOW DO I APPLY?

IS MY INFORMATION CONFIDENTIAL?

WHEN IS THE INFORMATION NEEDED?

Mailing Address for applications being submitted by mail directly to the EPA: Address for applications being sent by courier or non U. S. Postal overnight express delivery to the EPA:

US Environmental Protection Agency US Environmental Protection Agency Methyl Bromide Critical Use Exemption Methyl Bromide Critical Use Exemption Office of Air and Radiation Office of Air and Radiation Global Programs Division ( 6205 J) Global Programs Division 1200 Pennsylvania Ave, NW 1310 L Street, NW Washington, DC 20460 Washington DC 20005 Telephone: ( 202) 343 9321 OMB Control # 2060 0482 OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest HOW CAN I RECEIVE ADDITIONAL INFORMATION? If you have general questions about this application call:

Stratospheric Ozone Hotline 1 800 296 1996 The applicant may assert a business confidentiality claim covering part or all of the information in the application 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. Allegedly confidential portions of otherwise non confidential documents should be clearly identified by the applicant, and may be submitted separately to facilitate identification and handling by EPA. If the applicant desires confidential treatment only until a certain date or until the occurrence of a certain event, the notice should so state. 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 36902, 43 FR 400000. 50 FR 51661. If no claim of confidentiality accompanies the information when it is received by EPA, it may be made available to the public by EPA without further notice to the applicant.

Applicants submitting their application via e mail assume responsibility for the confidentiality of the electronic message transmission.

This application must be postmarked to the EPA address below no later than August 8, 2004 or 90 days after the Notice was published in the Federal Register requesting critical use exemption applications, whichever is later.

WHERE DO I SUBMIT THE APPLICATION? Electronic Address for applications: methyl. bromide@ epa. gov When submitting an application electronically, you should also print a hard copy, sign it, and submit it by mail If a consortium is applying for multiple methyl bromide users, the economic data should be for a representative or typical user within the consortium unless otherwise noted. If economic or technical factors ( such as types of commodities) affecting the ability of this " representative user" to use alternatives are significantly different than other users in the consortium, more than one application should be submitted to reflect these differences.

Please contact your local, state, regional or national commodity association and/ or state representative agency to find out if they plan on submitting an application on behalf of your commodity group.

States that have agreed to participate in the exemption process are listed on EPA's website at www. epa. gov/ ozone/ mbr/ cueqa. html You may either complete an electronic ( Microsoft Excel) or a printed version of the application. Please fill out each form or worksheet in the application as completely as possible. If you are completing the printed version and need extra space you may attach additional sheets as needed. Additional information may be available from your local state department of agriculture or at the sites listed below or by calling 1 800 296 1996. INSTRUCTIONS The information provided by you in this application will be used to evaluate the requested methyl bromide use. The U. S. and other countries that are parties to the Montreal Protocol On Substances That Deplete The Ozone Layer decided 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 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  "

If you anticipate that you will need methyl bromide in 2006 because you believe there are no technically and economically feasible alternatives, then you should apply for the critical use exemption. This application may be submitted either by a consortium representing multiple users or by individual users. We encourage users with similar circumstances of use to submit a single application ( for example, any number of post harvest users with similar commodity, pest, and structural conditions can submit a single application.) SECTIONS OF WORKBOOK The two arrows on the bottom right of the screen allow you to move the worksheet that you are viewing to the right or to the left. This is useful if the viewable area of on the screen is smaller than the entire page that is in the worksheet.

Printing worksheets 6. Go to the menu line at the top of the worksheet and select " Edit" then " Paste"

7. Change the title row of the newly pasted worksheet from the old worksheet number to be consistent with the worksheet tab. Note: This is the only way you can copy a worksheet and not lose portions of the text instructions.

Viewing worksheets 2. Select the top left corner of the worksheet ( this is the space to the left of column A and above row 1. You will know that the entire worksheet has been selected because the row and column marks as well as the worksheet itself will 3. Go to the menu line at the top of the worksheet and select " Edit" then " Copy".

If you would like to print all worksheets that are contained in this workbook, go to the menu bar at the top of the screen and select " File" and then " Print." Then in the section of the menu that appears called " Print what," select " Entire Workbook."

EPA Form # 7620 18b Post Harvest Worksheets are best viewed in " Page Break Preview." To select the view of the worksheet, go to the menu bar and select " View" and then " Page Break Preview." Page break preview shows only the printable area of the worksheet, with the blue lines that surround the screen indicating the edges of each page. To increase or decrease the size of the page that is viewable on the screen, go to the menu bar and select " View" and then " Zoom".

Navigating between worksheets The set of four arrows on the bottom left of the screen will help you navigate between worksheets. This is necessary to access the remaining worksheet tabs in the workbook that are not viewable. The two arrows with vertical lines to either the left or right will take you to the first worksheet and to the last worksheet respectively in the workbook. The inner two arrows allow you move the worksheet tabs to the right or to the left incrementally. 4. Go to the blank worksheet where you want the copied information to be pasted.

5. Again, select the top left corner of the worksheet ( left of column A and above row 1) to select the entire worksheet. EXCEL USER TIPS Inserting a blank worksheet:

1. To add additional blank worksheets in the Excel file, go to the menu line at the top of the worksheet and select " Insert" then " worksheet" 2. A tab with the name " Sheet 1" will appear at the bottom of the worksheet and will be highlighted in white. Take the cursor and double click the " new tab" 3. By double clicking in the tab you can now rename the worksheet to the appropriate number letter designation ( e. g., 3 A( 1), 3 A( 1)( a), etc.)

4. To move a newly inserted worksheet, simply drag the worksheet with your mouse to the desired location.

5. Once you add a new worksheet, Excel will automatically name each subsequently added worksheet as Sheet 2, Sheet 3, etc  Follow the instructions above to rename the new blank worksheets as appropriate.

Copying and pasting an entire worksheet's contents into a blank worksheet:

1. Select the worksheet to be copied by clicking on the worksheet tab at the bottom of the screen. The tab will turn white in color when it has been selected. Worksheet 4. Future Research Plans Worksheet 5. Application Summary Definitions Climate Zone Map Worksheet 2 D. Methyl Bromide  Operating Costs for 2002 Worksheet 3. Alternatives Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Worksheet 3 B. Alternatives  Changes in Operating Costs INSTRUCTIONS Each worksheet number corresponds to the tab number in the electronic version of the application. Instructions specific to each worksheet are provided at the top of each sheet. A header row is included on each worksheet to include an application ID number that EPA will assign.

Instructions Worksheet 1. Contact and Methyl Bromide Request Information Worksheet 2. Methyl Bromide Worksheet 2 A. Methyl Bromide  Pest and Processing Information Worksheet 2 B. Methyl Bromide  Historical Use for 1997  2002 Worksheet 2 C. Methyl Bromide  Commodity Treated & Gross Profit for 2000  2002 Is this information Confidential Business Information ( CBI)? Yes No Applicant Name Primary Contact Contact Name Specialty Address Agronomic Economic Daytime Phone Cell Phone E mail Address Fax Alternate Contact Contact Name Specialty Address Agronomic Economic Daytime Phone Cell Phone E mail Address Fax OMB Control # 2060 0482 ( Check One) ( Check One) Worksheet 1. Contact and Methyl Bromide Request Information The following information will be used to determine the amount of methyl bromide requested and the contact person for this request. It is important that we know whom to contact in case we need additional information during the review of the application.

If yes, the applicant assumes responsibility for the secure transmission of electronic submissions.

I certify that all information contained in this document is factual to the best of my knowledge.

Signature Date Title Information in this application may be aggregated with information from other applications and used by the United States government to justify claims in the national nomination package that a particular use of methyl bromide be considered " critical" and authorized for an exemption beyond the 2005 phaseout. Use of aggregate data will be crucial to making compelling arguments in favor of critical use exemptions. By signing below, you agree now to assert any claim of confidentiality that would affect the disclosure by EPA of aggregate information based in part on information contained in this application. Print Name Signature Date Print Name Title Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Public reporting burden for this collection of information is estimated to average 324 hours per response and assumes a large portion of applications will be submitted by consortia on behalf of many individual users of methyl bromide. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a current OMB control number.

EPA Form # 7620 18b Post Harvest 1.

2.

3.

4. Climate ( Average Minimum Temperature)

Zones: ( check all that apply)

5. Yes Amount No 6. Yes CUE # No 7.

Year 2006 2007 2008 8.

9.

10. Yes Lbs No 11. Yes Lbs No OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest Total Volume ( 1,000 cu ft) to be Treated lbs.

lbs. Total Pounds Active Ingredient ( a. i.) of Methyl Bromide What is the amount of methyl bromide being requested by this application? ( Do NOT include QPS amounts) If a consortium is submitting this application, the data should be the total for the consortium. Have you previously applied for Critical Use Exemption of Methyl Bromide? ( Individual users should enter their climate zone designation by reviewing the U. S. climate zone map located at the end of this workbook or it can be reviewed online at http:// www. usna. usda. gov/ Hardzone/ ushzmap. html. If a consortium is submitting this application, please indicate the estimated percentage of consortium users in each climate zone.)

1____ 2a____ 2b____ 3a____ 3b____ 4a____ 4b____ 5a____ 5b____ 6a____ 6b____ 7a____ 7b____ 8a____ 8b____ 9a____ 9b____ 10a____ 10b____ 11____ 5,000 to 10,000 ( 1,000 cu ft) 50,000 to 100,000 ( 1,000 cu ft)

lbs. ( 1,000 cu ft) Is this applicant eligible for Quarantine and Preshipment ( QPS) uses of methyl bromide?

( 1,000 cu ft) ( 1,000 cu ft)

Please explain why there may be variations in the pounds or volume ( 1,000 cu ft) treated from year to year.

Please explain why methyl bromide is being requested.

Do you anticipate that you will have any methyl bromide in storage after January 1, 2006? ( Enter the state, region, or county. Provide more details about the location if relevant to the feasibility of alternatives to methyl bromide.) Location If yes, please specify amount ( in pounds). Do you have access to recycled methyl bromide?

If yes, please specify amount ( in pounds). Range of structure/ facility size by processors included in this application? Worksheet 1. Contact and Methyl Bromide Request Information ( Include all commodities that benefit from the application of methyl bromide in a fumigation cycle. See the Worksheet entitled " Fumigation Cycle" for definitions.) Commodity ( Insert number or percentage of users in each category)

0 to 1,000 ( 1,000 cu ft) 1,000 to 5,000 ( 1,000 cu ft) over 100,000 ( 1,000 cu ft) 10,000 to 50,000 ( 1,000 cu ft) Worksheet Title 2 A Methyl Bromide  Pest and Commodity Information If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

The purpose of this worksheet is to determine pest infestation and commodity information where methyl bromide is used. This forms the baseline for evaluating the impacts of using an alternative to replace methyl bromide.

2 B Methyl Bromide  Historical Use 1998  2003 If a consortium is submitting this application, all data should reflect the actual data for the consortium.

This worksheet provides data in actual usage for 1998 2003.

2 C Methyl Bromide  Commodity Treated and Gross Profits for 2001 2003 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This worksheet provides commodity treated and gross profits for 2001 through 2003.

The purpose of this worksheet is to determine past gross profits when methyl bromide is used. This forms the baseline for evaluating the revenue impacts of using an alternative to replace methyl bromide.

2 D Baseline  Operating Costs for 2003 If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This data is needed to estimate a baseline for operating costs in order to estimate changes in costs and the impact on operating profit and short run economic viability as a result of not using methyl bromide.

The purpose of this worksheet is to determine operating expenses when methyl bromide is used. This forms the baseline for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable, which will be shown in Worksheet 3 B.

EPA Form # 7620 18b Post Harvest OMB Control # 2060 0482 Worksheet 2. Methyl Bromide Purpose of Data: To establish a baseline estimate of commodity treated, gross profits, and costs using methyl bromide.

Instructions specific to each worksheet are located at the top of each sheet. 1. Commodity or Consortium 2. Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec 3. Fumigation Timeline Beginning Fumigation Cycle ( please define time periods) Facility Preparation Sealing Cleaning Fumigation Timeline Reception of Raw Materials Processing Storage Raw Materials Finished Product Packing Shipping Retail Market Window Other Pest Treatments Other 4.

4a. OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest OMB Control # 2060 0482 Provide a narrative of market channel for each commodity, where it is fumigated, and how the fumigation effects market availability and commodity sale. Worksheet 2 A. Methyl Bromide  Pest & Processing Information ( Indicate when fumigation, major commodity and pest management practices typically occur. If the fumigation cycle is longer than one year change the months to an appropriate interval.) What month does your fumigation cycle start? ( check only one)

Time Interval ______________________ ( e. g. WEEKS/ MONTH/ YEAR/ SEASON)

Please provide a simplified schematic diagram which illustrates the basic steps of the commodity moving through the process from raw material to finished product. 5. Target Pest( s) or Pest Problem( s):

Pest 1 Pest 2 Pest 3 6. Pest Economic Threshold Pest 1 Pest 2 Pest 3 7. Target Pest Infestation Pest 1 % Pest 2 % Pest 3 %

8.

X X feet 9.

Structure / Facility Commodity Storage All Other 10.

11.

EPA Form # 7620 18b Post Harvest Worksheet 2 A. Methyl Bromide  Pest & Processing Information Other Phosphine ( Alone) ( Please identify the top 3 target pests or pest problems. Provide at least common name and genus and species if possible. Additional pests or pest problems can be provided as an attachment.)

Common Name Genus ( If available, please provide the economic threshold information for each pest, units, and source of information.) Economic Threshold Units ( e. g. pests/ cu ft) Source ( Please estimate the percentage of this user's total structural/ facility volume with a moderate to severe problem with these pests. Describe source of information such as a survey or expert estimate.) Percentage of Total Structure/ Facility Source Representative User : ( Please provide descriptive factors appropriate for your operation.)

Volume of Facility/ Structure Treated with Methyl Bromide: Volume of Commodity Treated with Methyl Bromide: 1,000 cu ft Rate of Application per Fumigation:

In what part and phase of the operation does the methyl bromide fumigation take place? ( check all that apply) Commodity Treated per Fumigation:

Please provide a brief description of any equipment fumigated in this operation. Details Alternative % Replaced 1,000 cu ft pounds / _________ Dimension of Structure/ Facility: Total Commodity Treated per Year: Tons ( short) Tons ( short)

Fumigation Chamber Prior to Storage Prior to Shipping What percentage of the operation have alternative( s) replaced methyl bromide in processing this commodity and if so, during what phase of the process?

Phosphine in Combination Heat Treatment Phase of Process B C D E Total Actual Volume ( 1,000 cu ft) Treated Average Pounds ai Applied per Volume ( 1,000 cu ft) Total Weight of Commodity Treated ( in Tons ( short)) Average Pounds ai Applied per Ton ( short)

1998 1999 2000 2001 2002 2003 OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest Column A:

Column B:

Enter the total actual volume ( 1,000 cu ft) treated. Note: This number should be the total actual volume ( 1,000 cu ft) treated by the individual user or total actual volume ( 1,000 cu ft) treated for the entire consortium, for the year indicated.

Comments: If there is a variation ( greater than 10%) in the quantity a. i., the volume ( 1,000 cu ft) treated or average application rate from year to year, please explain the reasons for the variation. The average application rates in pounds ai of methyl bromide per volume ( 1,000 cu ft) may be calculated by dividing Column A by Column B.

Column D:

The average application rates in pounds ai of methyl bromide per ton ( short) may be calculated by dividing Column C by Column D. Column E:

_________ times per ____________ What is the frequency of methyl bromide applied per volume ( 1,000 cu ft)? ( 1x / year, 2x / year, 1x / 3 years, etc.) Average Pounds ai Applied per Volume ( 1,000 cu ft)

Should your operation only measure fumigation in one type of unit ( e. g. only the facility is treated or only the commodity is treated), please use appropriate column for volume or weight.

Year A Total Actual Pounds ai of Methyl Bromide Applied Worksheet 2 B. Methyl Bromide  Historical Use 1998 2003 Total Actual Pounds ai of Methyl Bromide Applied Enter the total actual pounds active ingredient ( ai) of methyl bromide applied. Note: This number should be the total pounds ai applied by the individual user or the entire consortium, for the year indicated. Include only the pounds active ingredient of methyl bromide.

Total Weight of Commodity Treated ( in Tons ( short))

Enter the total actual weight ( tons ( short)) treated. Note: This number should be the total actual weight ( tons ( short)) treated by the individual user or total actual weight ( tons ( short)) treated for the entire consortium, for the year indicated. Total Actual Volume ( 1,000 cu ft) Treated Column C: Average Pounds ai Applied per Volume ( 1,000 cu ft) A C D E F G H Year Market Category ( grade, time, end use) Unit of Commodity ( e. g., pounds, tons) Total Commodity Treated ( per unit of commodity) Price ( per unit of commodity) Cost of Goods Sold ( per unit of commodity) Gross Profit ( per unit of commodity)

$ 0.00 OMB Control # 2060 0482 Comments:

EPA Form # 7620 18b Post Harvest Commodity Gross profit may be calculated using the data you entered as the Total Commodity Treated times Price minus the Cost of Goods Sold. If gross profit is not equal to total commodity sold times price subtracted by cost of goods sold (( Column E * Column F)  Column G), you may override the formula and enter a different revenue amount. Please explain why this gross profit amount is different in the comment section below. Gross Profit Column H:

B Column F: Price Enter average prices received by the users for that commodity and category. For the total line, you do not have to enter a price. Average price over all categories can be calculated separately, if needed. If a commodity treated is never owned by the facility, indicate the fees charged for all services.

Enter the total cost of goods sold ( raw materials purchased) during the period. If this expense is not relevant to your postharvesting operation, please skip this column. Column G: Cost of Goods Sold Enter marketing categories that determine prices received, for example, grade ( quality, taste, color) or timeliness ( holiday market season, early season, late season). Itemize or aggregate these factors to the extent appropriate if lack of methyl bromide would effect the price in each category. Market Categories Column C: Enter all commodities that benefit from methyl bromide in the fumigation cycle ( interval between fumigations). See the Fumigation Cycle Worksheet for a comprehensive definition of the fumigation cycle.

If someone other than the applicant benefits from the application of methyl bromide in the fumigation cycle and you do not have the quantitative data for the commodity treated in the same facility/ structure, please indicate so in the comments section below. Column B: Commodity Worksheet 2 C. Baseline  Methyl Bromide  Commodity Treated & Gross Profit for 2001  2003 Column A:

Be sure to enter the year. Use as many rows as needed for each year for all the commodities in the fumigation cycles from 2001 to 2003. If a fumigation cycle overlaps more than one calendar year, then the year of the fumigation cycle is the year methyl bromide was applied. Year Enter the total units of commodity treated with methyl bromide and processed/ sold per area Enter the unit of measurement for each commodity ( lbs, tons, cwt). If not by weight, specify in the comments section the average weight of the measure. For the international review board, all measures will be converted to metric. Column D: Unit of Commodity Total Commodity Treated Column E: Column A:

Column B:

Column C:

Column D:

Column E:

B C D E Quantity Used per Volume ( 1,000 cu ft) or Weight ( Tons ( short)) Units ( lbs, hours, etc.) Unit Cost ($) Cost ($) per Volume ( 1,000 cu ft) or Cost ($) per Weight ( tons ( short)) OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest TOTAL OPERATING COSTS 3. Interest 5. Other Operating Expenses Operating Expense Items 4. Depreciation for Plant Assets 1. Pest Management Costs ( a+ b+ c+ d)

a) Sanitation b) Pest Control c) Methyl Bromide Fumigation ( c1+ c2)

c1) Product c2) Application d) Other Pest Management Costs 2. Repairs / Maintenance / Replacement Worksheet 2 D. Methyl Bromide  Operating Costs for 2003 The purpose of this worksheet is to determine operating expenses when methyl bromide is used. This forms the baseline for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable, which will be shown in Worksheet 3 B.

A Operating Expense Items Identify the operations to which the costs apply. You may add or delete lines as necessary. The operating expense items listed here are not meant to be exhaustive or be representative of your specific operating system. Other operating expenses include, but are not limited to, wage/ salary, advertising and selling, utilities, rent and lease, insurance, and supplies. Be as precise as necessary to explain how lack of methyl bromide would affect your operation, otherwise you may aggregate operating expenses. These are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable.

Enter all appropriate costs of operations per volume ( 1,000 cu ft) or weight ( tons ( short)). You may add or delete lines as necessary. Cost ($) per Volume ( 1,000 cu ft) or Cost ($) per Weight ( tons ( short)) Please fill in the unshaded areas. The shaded areas can be used if the information is known.

This field is required only for methyl bromide. However you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Quantity Used per Volume ( 1,000 cu ft) or Weight ( tons ( short))

If operation is defined in either cost per volume or cost per weight, please keep the continuity of units. For all inputs and operations detailed in Column B, please specify the units of measurement. Units ( lbs. hours, etc.)

Unit Cost ($)

For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying methyl bromide, including any material costs ( e. g. tarps). If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E. Worksheet 3 A 3 B OMB Control # 2060 0482 Worksheet 3. Alternatives  Feasibility of Alternative Pest Control Regimens Purpose of Data: To estimate the loss as a result of not having methyl bromide available. EPA needs to compare data ( commodity prices, gross profit, operating expenses, etc.) on the use of methyl bromide and alternative pest control regimens.

Complete worksheet 3 A for each alternative pest control regimen listed in the " U. S. Matrix" for chemical controls ( www. epa. gov/ ozone/ mbr/ cueqa. html) and the " International Matrix" for nonchemical pest controls ( www. epa. gov/ ozone/ mbr/ cue). Each worksheet contains a place holder in the title for you to insert the name of the specific alternative pest control regimen addressed. You should add additional worksheets as required.

Enter all alternative pesticides and pest control methods ( and associated profit and production practices) that would replace one treatment of methyl bromide throughout the fumigation cycle. See the Definition worksheet for a comprehensive definition on fumigation cycles.

Title Alternatives  Technical Feasibility of Alternatives to Methyl Bromide You must complete one worksheet for each alternative. Please insert the name of the alternative in the area on top of the page. If you prefer, you may provide the information requested in this worksheet in a narrative review. However, you must fill in the information in Question # 1 or we will assume no production or quality loss.

The purpose of this worksheet is to determine operating expenses when alternatives are used for evaluating the cost impacts of using an alternative to replace methyl bromide. The data requested are designed to help you identify how your operation would change if methyl bromide were unavailable.

EPA Form # 7620 18b Post Harvest Alternatives  Changes in Operating Costs If a consortium is submitting this application, the data for this table should reflect the representative user for the consortium.

This data is needed to estimate a baseline for operating costs in order to estimate changes in costs and the impact on operating profit and short run economic viability as a result of not using methyl bromide and to provide required information to the international review board.

Please fill out this worksheet for each alternative specified in the U. S. Matrix and for other alternatives for which the economic evaluation would bolster the case that methyl bromide is needed. 1.

Study # % Pest Control 1 2 3 4 5 2.

Study # Copy? EPA? 1 2 3 4 5 3. Yes No If yes, please continue with 3a, 3b, 3c.

3a.

3b.

3c.

4.

5.

6. OMB Control # 2060 0482 Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Pest Control When Comparing This Alternative to Methyl Bromide ( Provide numerical estimates where possible.) Alternative: [ Insert Alternative ]

Study Information % of Structure/ Facility/ Volume Details Restrictions/ Limitations on Alternative Use This information will be used to determine the amount of methyl bromide needed.

Climate Restriction Regulatory Restriction  Label Restriction Pest Resistant To Alternative Structural Limitations What is the estimated probability of the commodity not meeting consumer quality standards with and without methyl bromide or alternative treatments? ( please explain.)

Why is this alternative not suitable to replace 100% of methyl bromide use in processing this commodity? Other Restrictions/ Limitations ( Describe) Facility Limitations Are there any production delays ( downtime) associated with this alternative?

days/ year Please specify the number of days per year of downtime:

Please explain the details of going into downtime and why it is necessary with this alternative. What is the cost of production delays or downtime per year? $ per year For the cited studies above, please list: study name, authors, publication, date, and indicate with a checkmark if a copy is attached and if it is on the EPA website.

Details Scale of Study ( e. g. pilot, plot) Resulting Damages ( please specify) Pest Being Tested 7.

8.

2.

1 2 3 4 5 6 7 8 9 10 11 12 Raw Materials OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest Worksheet 3 A. Alternatives  Technical Feasibility of Alternatives to Methyl Bromide Alternative: [ Insert Alternative ]

Use Rate of Chemical Alternative Active Ingredient ( a. i.) Name of Product and Formulation Quantity per Volume ( 1,000 cu ft) Units ( gals, lbs. Etc.) Volume ( 1,000 cu ft) Treated # of Applications per Year Fumigation Timeline EPA Form # 7620 18b Post Harvest Fumigation Timeline Non Chemical Pest Control ( please describe)

Finished Product ( Indicate when fumigation, major commodity and pest management practices typically occur. If the fumigation cycle is longer than one year change the months to an appropriate interval.)

Reception of Raw Materials Fumigation Cycle Facility Preparation Retail Market Window Other Pest Treatments Other Processing Storage Packing Shipping Sealing Cleaning Time Interval ( e. g. WEEKS/ MONTH/ YEAR)

Comments: Column A:

Column B:

Column C:

Column D:

Column E:

B C D E Quantity Used per Volume ( 1,000 cu ft) or Weight ( Tons ( short)) Units ( lbs, hours, etc.) Unit Cost ($) Cost ($) per Volume ( 1,000 cu ft) or Cost ($) per Weight ( tons ( short))

Total Investment ($) Life of Investment (# of years) Salvage Value ($) Interest Rate (%) OMB Control # 2060 0482 1. Pest Management Costs ( a+ b+ c+ d) If operation is defined in either cost per volume or cost per weight, please keep the continuity of units.

Establish necessary capital expenditures required for the uses of alternatives. For example, the incremental costs to convert to heat treatment might include installing a steam heating system, purchasing generators, installing necessary ductwork, and retrofitting other components to make them amenable to heat treatment. 5. Other Operating Expenses 2. Repairs / Maintenance / Replacement 3. Interest Worksheet 3 B. Alternative  Changes in Operating Expenses Identify the operations to which the costs apply. You may add or delete lines as necessary. The operating expense items listed here are not meant to be exhaustive or be representative of your specific operating system. These are meant to provide suggestions and to help you identify how your operation would change if methyl bromide were unavailable.

Comments: TOTAL OPERATING COST What are the additional new investments ( structures, facilities, equipment, fumigation chambers, etc.) needed to utilize this alternative?

Type of Investment EPA Form # 7620 18b Post Harvest a) Sanitation 4. Depreciation for Plant Assets b) Pest Control c) Fumigation ( c1+ c2)

c1) Product c2) Application d) Other Pest Management Costs Units ( lbs. hours, etc.) Please fill in the unshaded areas. The shaded areas can be used if the information is known.

Quantity Used per Volume ( 1,000 cu ft) or Weight ( tons ( short))

This field is required only for alternatives. However you may include specific amounts of other inputs or operations if you believe it helps to document the additional costs you would incur by using an alternative fumigant. Alternative: [ Insert Alternative ]

A Operating Expense Items For all inputs and operations detailed in Column B, please specify the units of measurement.

Unit Cost ($)

For all inputs and operations detailed in Column B, please specify the unit cost. Also, indicate all costs of applying alternatives, including any material costs ( e. g. tarps). If custom applied and separate costs are unavailable, write ' custom' and enter total cost in Column E.

Cost ($) per Volume ( 1,000 cu ft) or Cost ($) per Weight ( tons ( short))

Enter all appropriate costs of operations per volume ( 1,000 cu ft) or weight ( tons ( short)). You may add or delete lines as necessary. Operating Expense Items 1. 1 4 2 5 3 2. 1 4 2 5 3 3. 1 4 2 5 3 4.

5.

6.

7.

From: To:

8.

Year Amount ($)

9. $

Cost 10. OMB Control # 2060 0482 Worksheet 4. Future Research Plans Please describe future plans to test alternatives to methyl bromide. You may use this worksheet to describe all future plans.

Identify the top 3 to 5 target pests for your research.

Provide a list of alternative chemicals or cultural practices that have been tested.

Prioritize the alternative chemicals or cultural practices to be tested.

What would be the best currently available alternative if methyl bromide were not available?

Will you collect data on the probability of failure to meet quality standards? Please provide an overview/ timeline of the plan to transition away from using methyl bromide.

How will you minimize your use and/ or emissions of methyl bromide?

( check all that apply) Formulation Changes ( please specify) Formulation Changes Tarpaulin ( High Density Polyethylene) _____% methyl bromide, _____% chloropicrin Virtually Impermeable Film ( VIF) _____% methyl bromide, _____% chloropicrin Reclamation Other Pesticides ( please specify) Sealing Buildings Cultural Practices ( please specify)

Grant requests made to USDA, EPA, state, or other funding group. ( Describe each investment and its associated costs. e. g. specialized machinery, new facilities, etc.)

Investment Other total investments, if any, made to reduce your reliance on methyl bromide?

EPA Form # 7620 18b Post Harvest What is the cumulative amount spent and the types of contributions this consortium has made to fund research to develop alternatives to methyl bromide since 1992? ( e. g. consortium dues, direct research funding, etc.)

Name of Organization / Research Institution Integrated Pest Management ( IPM) Non Chemical Methods ( please specify) Other 1.

2.

3.

4. 2007 5. 2007 6.

2006 lbs.

2007 lbs. Volume Treated ( 1,000 cu ft)

2008 lbs.

Not Technically Feasible Not Economically Feasible For EPA Use Only ID # _______________

SECTOR ___________________________

This worksheet will be posted on the web to notify the public of requests for critical use exemptions beyond the 2005 phase out for methyl bromide. Therefore, this worksheet cannot be claimed as CBI. Worksheet 5. Application Summary Consortium Name:

Location:

Volume Treated ( 1,000 cu ft) ( 1,000 cu ft) Volume Treated Place an " X" in the column( s) labeled " Not Technically Feasible" and/ or " Not Economically Feasible" where appropriate. Use the " Reasons" column to describe why the potential alternative is not feasible.

Reasons Potential Alternatives OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest lbs.

( 1,000 cu ft) Pounds of Methyl Bromide Requested Volume Treated with Methyl Bromide If methyl bromide is requested for additional years, reason for request: Crop: Fumigation cycle: The period of time between methyl bromide fumigations.

Year: If a fumigation cycle overlaps more than one calendar year, " year" refers to the calendar year when methyl bromide is applied ( or the beginning of the cycle).

Comparable data: In order to compare revenues and costs with and without methyl bromide, data on alternatives for pest control, yields, revenues, and costs must be for the same time interval as the methyl bromide fumigation cycle. If, however, quantitative data, is not available for the entire fumigation cycle, then to be comparable, the quantitative data for the alternatives should cover the same portion of the fumigation cycle as the quantitative data for methyl bromide, and the rest of the cycle should be discussed in the comments sections.

2 year example: If a methyl bromide fumigation is made every 2 years, then the 2001 fumigation cycle began in 2001 and would end in 2003. The data should cover the methyl bromide costs and usage for the methyl bromide fumigation made in 2001, and all yields and revenues received and other costs incurred during the 2 year period. To be comparable, the data on alternatives should cover a similar 2 year period beginning in 2005 beginning at the same time of year when a methyl bromide fumigation would be made. The data should cover all methyl bromide alternatives used, and all yields and revenues received during that 2 year interval. Other pest control and other costs would only need to be provided for that interval if they would change from what they were with methyl bromide.

Other beneficiary example If someone other than the applicant benefits from a methyl bromide fumigation, you should comment on these benefits if you do not have quantitative data for the entire fumigation cycle. For example, if a rotational crop in the second year benefits from a methyl bromide fumigation a year earlier, but there is quantitative data only on the first crop, then the data on the alternatives should cover only the first crop, and the benefits of methyl bromide and the additional pesticides that would have to be used on the rotational crop should be discussed in the comments sections.

Crop cycle change example: If in a one year interval, methyl bromide is applied, tomatoes are grown and harvested followed by peppers, then the fumigation cycle would be one year including the tomatoes and peppers. If, however, without methyl bromide, it is not possible to follow tomatoes with peppers in the same one year interval, then the alternative data on pesticides, costs, yields, and revenues should just cover tomatoes. The loss of profit from not being able to grow peppers with the alternatives would be part of the loss from not having methyl bromide.

Crop Grouping The applicant can group simliar crops together if: ( i) Crops would experience similar yield and quality losses in the absence of methyl bromide; and ( ii) Crops are grown on the same fumigation and cultivation cycle with similar operating costs. For example, nursery crops including various flower or tree species can be aggregated, with average yields per acre and prices. However, if crops are distinctly different in revenues and operating costs, or the cycles, the applicant may want to present yield, price and operating costs for each crop separately and also indicate the proportion of land area allocated to each crop. Definitions: OMB Control # 2060 0482 EPA Form # 7620 18b Post Harvest


[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Rules and Regulations]
[Pages 5260-5261]
[FR Doc No: 2014-01933]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-1079]

Drawbridge Operation Regulation; Falgout Canal, Terrebonne
Parish, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the LA 315 drawbridge across the
Falgout Canal, mile 3.1, in Terrebonne Parish, Louisiana. The deviation
is necessary in order to conduct repair and replacement of parts
associated with the wedge-drive system hydraulic unit. These repairs
are essential for the continued safe operation of the bridge. This
deviation allows the bridge to remain temporarily closed to navigation
for 20 consecutive days with three openings per day during daylight to
facilitate the movement of vessel traffic.

DATES: This deviation is effective from 6 a.m. on Monday, February 10,
2014

through 5 p.m. on Saturday, March 1, 2014.

ADDRESSES: The docket for this deviation, [USCG-2013-1079] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email David Frank, Bridge Administration
Branch, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl F. Collins, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: Coastal Bridge Company, on behalf of the
Louisiana Department of Transportation and Development, requested a
temporary deviation from the operating schedule on the LA 315
drawbridge across the Falgout Canal, mile 3.1, in Terrebonne Parish,
Louisiana.
    The bridge has a vertical clearance of 3.5 feet above mean high
water in the closed-to-navigation position and unlimited in the open-
to-navigation position. Presently, in accordance with 33 CFR 117.444,
the draw of the LA 315 bridge across Falgout Canal, mile 3.1, shall
open on signal; except that from 15 August to 5 June, the draw need not
be opened from 7 a.m. to 8 a.m. and from 3 p.m. to 4 p.m. Monday
through Friday except Federal holidays. The draw shall open on signal
for an emergency aboard a vessel.
    This temporary deviation allows the swing bridge to remain closed
to navigation for a total of 20 days from 6 a.m. on Monday, February
10, 2014 through 5 p.m. on Saturday, March 1, 2014, except that the
bridge will open to pass all waiting vessels at 6 a.m., noon, and 5
p.m. daily. During this time, repairs will be performed to the
hydraulic and electrical systems of the bridge.
    No alternate routes are available during this deviation; however,
the bridge owner will attempt to contact all waterway users to keep
them abreast of the repair work. Navigation on the waterway consists of
small tugs with tows, fishing vessels, and other recreational craft.
The bridge opens an average of 426 times per month for the passage of
vessels. This deviation has been coordinated with waterway users.
    In accordance with 33 CFR 117.35, the draw bridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation.
    This deviation from the operating regulations is authorized under
33 CFR 117.35.

    Dated: January 13, 2014.
David M. Frank,
Bridge Administrator.
[FR Doc. 2014-01933 Filed 1-30-14; 8:45 am]
BILLING CODE 9110-04-P


 [Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)] [Notices] [Page 40011] [FR Doc No: C1-2017-17569]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-D-1956]

Identifying Trading Partners Under the Drug Supply Chain Security  Act; Draft Guidance for Industry; Availability

Correction

    Notice document 2017-17569, appearing on pages 39589 through 39590,  in the issue of Monday, August 21, 2017, was published in error. It  should be removed.

[FR Doc. C1-2017-17569 Filed 8-22-17; 8:45 am] BILLING CODE 1301-00-D


[Federal Register: January 18, 2007 (Volume 72, Number 11)]
[Rules and Regulations]
[Page 2193-2196]
[DOCID:fr18ja07-14]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[EPA-HQ-OAR-2005-0124; FRL-8270-6]
RIN 2060-AN34

Air Quality: Revision to Definition of Volatile Organic
Compounds--Exclusion of HFE-7300

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action revises EPA's definition of volatile organic
compounds (VOC) for purposes of preparing State implementation plans
(SIPs) to attain the national ambient air quality standards (NAAQS) for
ozone under title I of the Clean Air Act (CAA). This revision would add
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
[also known as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation. If you use or produce HFE-7300 and are
subject to EPA regulations limiting the use of VOC in your product,
limiting the VOC emissions from your facility, or otherwise controlling
your use of VOC for purposes related to attaining the ozone NAAQS, then
you will not count HFE-7300 as a VOC in determining whether you meet
these regulatory obligations. This action may also affect whether HFE-
7300 is considered as a VOC for State regulatory purposes, depending on
whether the State relies on EPA's definition of VOC. As a result, if
you are subject to certain Federal regulations limiting emissions of
VOCs, your emissions of HFE-7300 may not be regulated for some
purposes.

DATES: This final rule is effective on January 18, 2007.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2005-0124. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in the

index, some information is not publicly available, e.g., 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 through
http://www.regulations.gov or in hard copy at the EPA Docket Center, 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<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: David Sanders, Office of Air Quality
Planning and Standards, Air Quality Strategies and Standards Division
(C539-02), Research Triangle Park, NC 27711; telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

 A. Does This Action Apply to Me?

    This action applies to you if you are a State that regulates VOC
emissions as precursors to ozone formation or if you produce or use
HFE-7300 or other compounds for which HFE-7300 may substitute. HFE-7300
has a variety of potential uses including as a heat-transfer fluid and
substitute for ozone depleting substances and substances with high
global warming potentials, such as hydroflurocarbons, perfluorocarbons,
and perfluoropolyethers. HFE-7300 may be used in azeotropic mixtures
for use in coating deposition, cleaning, and lubricating applications.

II. Background

    Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA and State governments limit
the amount of VOC and NOX that can be released into the
atmosphere. The VOC's are those compounds of carbon (excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, and ammonium carbonate) which form ozone through
atmospheric photochemical reactions. Compounds of carbon (also known as
organic compounds) have different levels of reactivity--that is, they
do not react at the same speed or do not form ozone to the same extent.
It has been EPA's policy that organic compounds with a negligible level
of reactivity need not be regulated to reduce ozone. The EPA determines
whether a given organic compound has ``negligible'' reactivity by
comparing the compound's reactivity to the reactivity of ethane. The
EPA lists these compounds in its regulations (at 40 CFR 51.100(s)) and
excludes them from the definition of VOC. The

chemicals on this list are often called ``negligibly reactive'' organic
compounds.
    Since 1977 (42 FR 35314), EPA has used the reactivity of ethane as
the threshold of negligible reactivity. Compounds that are less
reactive than or equally reactive to ethane may be deemed negligibly
reactive. Compounds that are more reactive than ethane continue to be
considered reactive VOCs and subject to control requirements. The
selection of ethane as the threshold compound was based on a series of
smog chamber experiments that underlay the 1977 policy.
    Since 1977, the primary method for comparing the reactivity of a
specific compound to that of ethane has been to compare the
kOH values for ethane and the specific compound of interest.
The kOH value represents the molar rate constant for
reactions between the subject compound (e.g., ethane) and the hydroxyl
radical (i.e., OH). This reaction is very important since it is the
primary pathway by which most organic compounds initially participate
in atmospheric photochemical reaction processes.

III. Petition for Exclusion of HFE-7300

    On August 30, 2004, the Performance Chemicals and Fluid Division of
the 3M Company submitted to EPA a petition requesting that the compound
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane
[also know as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
] be added to the list of compounds which are considered to be
negligibly reactive in the definition of VOC at 40 CFR 51.100(s).
    HFE-7300 has several potential uses. As a hydrofluoroether (HFE),
this compound may be used as an alternative heat-transfer fluid to
ozone-depleting substances, such as chlorofluorocarbons (CFCs). Under
the Significant New Alternatives Policy (SNAP) program (CAA 612; 40 CFR
part 82 subpart G), EPA has identified some HFEs as acceptable
substitutes for ozone-depleting compounds, although HFE-7300 has not
been specifically identified. Because they do not contain chlorine or
bromine, HFEs do not deplete the ozone layer. All HFEs have an ozone
depletion potential (ODP) of 0 although some HFEs have high global
warming potential (GWP). In its petition, 3M points out that it has
suggested HFE-7300 be used to reduce greenhouse gases resulting from
emissions of compounds such as hydroflurocarbons, perfluorocarbons, and
perfluoropolyethers in certain applications and, therefore, help reduce
global warming potential.
    According to a U.S. patent application submitted by 3M Innovative
Properties Company, HFE-7300 possesses the capacity to form a myriad of
azeotrope mixtures with other organic compounds such as 1-bromopropane,
hexamethyldisilazane, isobutyl acetate, methylisobutyl ketone, trans-
1,2-dichloroethylene, and trifluoromethylbenzene which may not be
exempt from VOC regulation. The patent application indicated that the
azeotrope mixtures can be formulated at compositions of HFE-7300
ranging from 1 to 100 percent, depending on the organic co-solvent and
the desired properties of the azeotrope. This patent application lists
a broad range of processes and applications where these azeotropes can
be used. Some of these azeotrope uses include: (1) Coating deposition
applications, where the azeotrope functions as a carrier for a coating
material, (2) heat-transfer fluids in heat-transfer processes, (3) to
clean organic and/or inorganic substrates, and (4) to formulate working
fluids or lubricants for machinery operations and manufacturing
processes.
    In support of their petition, 3M Company supplied information on
the photochemical reactivity of HFE-7300. The 3M Company stated that,
as a hydrofluoroether, this compound is very similar in structure,
toxicity, and atmospheric properties to other compounds such as
C4F9OCH3,
(CH3)2CFCF2OCH3,
C4F9OC2H5,
(CH3)2CFCF2OC2H5,
 n-C3F7OCH3, and
C3F7CF(OC2H5)CF(CF3
)2 which are exempt from the VOC definition.
    Other information submitted by 3M Company consists mainly of a
peer-reviewed article entitled ``Atmospheric Chemistry of Some
Fluoroethers,'' Guschin, Molina, Molina: Massachusetts Institute of
Technology, May 1998, which has been submitted to the docket. This
article discusses a study in which the rate constant for the reaction
of the subject compound with the OH radical (kOH value) is
shown to be 1.5 x 10-14 cm3/molecule/sec at 25
[deg]C. This is less than the kOH value for ethane, 2.4 x
10-13 cm3/molecule/sec at 25 [deg]C, and slightly
more than that for methane.
    The scientific information which the petitioner has submitted in
support of the petition has been added to the docket for this
rulemaking. This information includes references for the journal
articles where the rate constant values are published.
    The EPA has included the 3M Company Material Safety Data Sheet for
HFE-7300 indicating the compound as having low toxicity. This
information has been placed in the docket.

IV. EPA Response to the Petition

    The information provided by the petitioner demonstrates that HFE-
7300 meets the criteria that the EPA has established for negligible
reactivity based on a comparison of kOH values. Therefore,
on February 9, 2006 (71 FR 6729), the EPA proposed adding
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (or
HFE-7300) to the list of compounds appearing in 40 CFR 51.100(s).
    The final applies this compound only in its pure state and does not
apply to any of its azeotrope mixtures or organic blends in which any
of the other constituents are not VOC exempt compounds. The term ``pure
state'' is taken to mean at a composition purity level of at least
99.96 percent by weight of 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl pentane
[C2F5CF(OCH3)CF(CH3)2
](cited in the patent application 10/739,231 published on June 23, 2005
titled ``Azeotrope-like Compositions and Their Use,'' Publication
Number:US 2005/0137113 A1). For emissions from the use of azeotropic
mixtures and organic blends that contain both VOC exempt and non-exempt
compounds, the proposed exemption applies to the mass (or weight)
fraction of the emissions that consists of VOC exempt compounds.
    The EPA received no comments on this proposal.

V. Final Action

    This final action is based on EPA's review of the material in
Docket No. EPA-HQ-OAR-2005-0124. The EPA hereby will amend its
definition of VOC at 40 CFR 51.100(s) to exclude HFE-7300 as VOC for
ozone SIP and ozone control purposes. States are not obligated to
exclude from control as a VOC those compounds that EPA has found to be
negligibly reactive. States may not take credit for controlling this
compound in their ozone control strategy.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not contain any information collection
requirements subject to OMB review under the Paperwork Reduction Act,
44 U.S.C. 3501 et seq. It does not contain any

recordkeeping or reporting requirements.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply, with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An Agency does not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The control numbers for EPA's
regulations are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This final rule will revise EPA's definition of VOC for purposes of
preparing SIPs to attain the NAAQS for ozone under title I of the CAA.
This final rule revision adds 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-
4-trifluoromethyl-pentane [also known as HFE-7300 or L-14787 or
C2F5CF(OCH3)CF(CF3)2
] to the list of compounds excluded from the definition of VOC on the
basis that this compound makes a negligible contribution to
tropospheric ozone formation.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and Tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including Tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in any 1 year. Since this final rule is deregulatory in nature
and does not impose a mandate upon any source, this rule is not
estimated to result in the expenditure by State, local and Tribal
governments or the private sector of $100 million in any 1 year.
Therefore, the Agency has not prepared a budgetary impact statement or
specifically addressed the selection of the least costly, most cost-
effective, or least burdensome alternative. Because small governments
will not be significantly or uniquely affected by this rule, the Agency
is not required to develop a plan with regard to small governments.
Thus, this rule is not subject to the requirements of sections 202, 203
and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final action addressing the exemption of a chemical compound
from the VOC definition does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This action does not impose any
new mandates on State or local governments. Thus, Executive Order 13132
does not apply to this rule. In the spirit of Executive Order 13132,
and consistent with EPA policy to promote communications between EPA
and State and local governments, EPA had specifically solicited comment
on

the proposed rule for this action from State and local officials, but
the EPA received no comments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
    This final rule does not have Tribal implications. It will not have
substantial direct effects on Tribal governments, on the relationship
between the Federal government and Indian Tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian Tribes, as specified in Executive Order 13175.
This action does not have any direct effects on Indian Tribes. Thus,
Executive Order 13175 does not apply to this rule. In the spirit of
Executive Order 13175, and consistent with EPA policy to promote
communications between EPA and Tribal governments, EPA specifically
solicits additional comment on this final rule from Tribal officials,
but EPA received no comments.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    While this final rule is not subject to the Executive Order because
it is not economically significant as defined in Executive Order 12866,
EPA has reason to believe that ozone has a disproportionate effect on
active children who play outdoors (62 FR 38856; 38859, July 18, 1997).
The EPA has not identified any specific studies on whether or to what
extent the chemical compound may affect children's health. EPA has
placed the available data regarding the health effects of this chemical
compound in Docket No. EPA-HQ-OAR-2005-0124. In the proposed rule, the
EPA invited the public to submit or identify peer-reviewed studies and
data, of which EPA may not be aware, that assess results of early life
exposure to the chemical compound HFE-7300. No such information was
identified.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer Advancement Act of 1995 (``NTTAA''), Public Law
104-113, section 12(d), (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, with explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). The EPA is not
required to submit a rule report regarding this action under section
801 because this is a rule of particular applicability to manufacturers
and users of this specific exempt chemical compound. This action is not
a ``major rule'' as defined by 5 U.S.C. 804(2). Therefore, this rule
will be effective upon publication in the Federal Register.

List of Subjects in 40 CFR Part 51

    Environmental protection, Administrative practice and procedure,
Air pollution control, Ozone, Reporting and recordkeeping requirements,
Volatile organic compounds.

    Dated: January 11, 2007.
Stephen L. Johnson,
Administrator.

0
For reasons set forth in the preamble, part 51 of chapter I of title 40
of the Code of Federal Regulations is amended as follows:

PART 51--REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF
IMPLEMENTATION PLANS

0
1. The authority citation for part 51 continues to read as follows:

     Authority: 23 U.S.C. 101; 42 U.S.C. 7401-7641q.

Sec.  51.100  [Amended]

0
2. Section 51.100 is amended at the end of paragraph (s)(1)
introductory text by removing the words ``and methyl formate
(HCOOCH3), and perfluorocarbon compounds which fall into
these classes:'' and adding in their place the words; ``methyl formate
(HCOOCH3), (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-
trifluoromethyl-pentane (HFE-7300) and perfluorocarbon compounds which
fall into these classes:''

[FR Doc. E7-638 Filed 1-17-07; 8:45 am]

BILLING CODE 6560-50-P