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<br />that the alternative product no longer meets the criteria set forth in R-6.725-0, the <br />procedure for reconsideration will follow the requirements of 6.725-C-5 to 8. <br /> <br />5 · Following receipt from LRAP A of the information specified in subsections 1 <br />and 2, and based on that information and the criteria contained in section R-6.725-0, <br />the City Manager shall make an initial determination as to whether the ozone <br />depleting product should be prohibited. The City Manager shall provide notice of <br />intent to declare the product as a prohibited ozone-depleting product or a non- <br />prohibited ozone-depleting product, and provide an opportunity to submit comments <br />thereon of no less than 45 calendar days. Upon expiration of the comment period, the <br />City Manager shall consider the comments received, and based thereon, issue a <br />notice of the proposed decision with respect to the product. In addition to other notice <br />provided, the City Manager shall mail notice to any person who commented on the <br />proposed decision. <br /> <br />6. Any person who commented on the proposed decision and who disagrees <br />with that decision may, within 15 days from the date of the decision, appeal the <br />determination to a hearings official appointed by the City. The hearings official1s <br />decision shall be final, and shall be based solely on whether the criteria of a safe, cost- <br />effective alternative product being available has been met. <br /> <br />7 . Upon receipt of the hearings official1s decision, or upon expiration of time for <br />appeal (if no one appeals), the City Manager shall add the product covered by the <br />decision to Appendix A (if the decision is to prohibit the product because safe and <br />cost-effective alternatives exist) or to Appendix B (if the decision is to not prohibit the <br />product because no safe and cost-effective alternative exists). <br /> <br />8. If the decision is to prohibit the product, the prohibition becomes effective 90 <br />days after the City Manager adds the product to Appendix A. <br /> <br />R-6.725-D Criteria and Methodology for Determining Additional Ozone- <br />Depleting Products or Exclusion of Products from Prohibition. <br /> <br />1 . Addition of Products. Products or a group of similar products may be <br />added to Appendix A upon a determination by the City Manager that an ozone-safe <br />substitute is available. To qualify as an ozone-safe substitute, the product must meet <br />both of the following requirements: <br /> <br />(a)The alternate product is readily available and its use will cost no more <br />than the use of the ozone-depleting product. In determining the availability and <br />cost of a proposed alternative product, the following shall be considered: <br />(1) When an ozone-depleting product is a component in the <br />manufacture of a completed product for an end-user, the cost to be <br /> <br />Ozone Protection Administrative Rule - 4 <br /> <br />10/17/95 <br />