Response to Comments Document for 2007 Extension of Global Lab and
Analytical Use Exemption Rule

One comment questioned whether any use of class I ozone depleting
chemicals is essential.  

EPA believes that the uses provided for under the global laboratory and
analytical exemption are essential.  The Montreal Protocol specifically
provides for exemptions for essential uses, and Decisions of the Parties
– including Decision XIX/18 taken in 2007, provide for an extension
through 2011.  Decisions are based on scientific review of alternatives
to ozone depleting substances.  EPA notes that uses addressed under this
exemption are typically for niche applications or for experimental work
of importance to society.

One comment supported extending the global laboratory and analytical
exemption through 2015.

EPA is extending the global laboratory and analytical exemption through
2011.  In the proposed rule, EPA had considered extending the global
laboratory and analytical exemption through 2015.  However, EPA had
clearly stated that the final rule would align with decisions made at
the 19th Meeting of the Parties.  Then, Decision XIX/18 extended the
global laboratory and analytical exemption through 2011.  Therefore, in
the final rule, EPA is extending the global laboratory and analytical
exemption through 2011.  EPA notes that the decisions made by the
Parties take into the account recommendation of the Technology and
Economic Panel (TEAP).

One comment observed that TEAP will develop a list of laboratory and
analytical uses for which alternatives exist.  The comment further
stated that the 2011 extension will allow for an orderly response for
uses no longer deemed essential.

This rule is extending the global laboratory and essential use exemption
through 2011.  However, EPA notes that the TEAP may identify certain
uses for which alternatives exist at any time.  The Parties could then
decide that such uses are no longer essential and remove them from the
global laboratory and analytical use exemption.  The Parties could make
such decisions prior to 2011 and EPA may choose to amend our regulations
to mirror the Protocol.  Therefore, EPA cannot predict if all laboratory
and analytical uses currently classified as essential will remain on the
list of essential uses until the end of 2011.

One comment suggested that EPA describe how individual EPA test methods
are impacted by the rule and allow for comment on changes to the EPA
test methods.

EPA recognizes that this rule will impact federal government agencies
(including EPA), state governments, the private sector, and other
parties.  However, the purpose of this rule is to extend the global
laboratory and analytical use exemption as described.  This rule does
not present a clearinghouse of information regarding the impacts of this
rule.  Impacted entities are responsible for taking any necessary
actions to comply with rule, including EPA.  EPA notes that this rule
prohibits the production and import of new ozone depleting chemicals for
certain applications, but it does not regulate use of existing stocks of
chemicals.  

