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What is Happening with HCFC-22?
In February, 2011, the U.S. Court of Appeals for the DC Circuit voided EPA’s HCFC-22 and HCFC-142b allowances as a result of the Arkema v. EPA litigation. The Court told EPA to redo allowances for 2011-2014. EPA’s first step in response was to publish an interim final rule that provided allowances for 2011.
Currently, EPA has published a proposal that when finalized would provide 2012-2014 HCFC-22 and HCFC-142b production and import allowances. The agency is requesting input from the public on the rule until February 3, 2012, before determining a final amount. Information on how to comment is included at the end of this page.
Since EPA will not finalize HCFC-22 allowances for 2012-2014 until a final rule is published. EPA sent a letter on January 20, 2012 (http://go.usa.gov/nrX) to companies who would receive allowances in the proposal. The letter allows them to continue importing and producing a limited amount of HCFC-22 (approximately 55,000,000 lbs. industry-wide) until a final rule is in place. EPA is proposing to allow an amount in 2012 that is between approximately 55,000,000 lbs. and 90,000,000 lbs. of HCFC-22 production and import. The letter allows for the minimum amount of the production and import range while the rule is being finalized.
How Can I Comment on the Proposal?
Comments are due by February 3, 2012 at 11:59 pm. You can view the rule and all of the supporting documents at http://1.usa.gov/yE5LJT.
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Docket
ID: EPA-HQ-OAR-2011-0354
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Comment Options:
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Online: Through Regulations.gov (http://go.usa.gov/RxQ)
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By email:
a-and-r-docket@epa.gov
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By mail: Docket # EPA-HQ-OAR-2011-0354
Air & Radiation Docket Information Center
U.S. EPA (6102T)
1200 Pennsylvania Ave, NW
Washington, DC 20460
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By courier:
Docket # EPA-HQ-OAR-2011-0354
Air & Radiation Docket at EPA West (6102T)
1301 Constitution Ave, NW, Room B108
Washington, DC 20004