[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Proposed Rules]
[Pages 7762-7763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4037]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5427-7]
[RIN 2060-AF36]

Protection of Stratospheric Ozone: Proposal to Temporarily Extend 
the Existing Requirements
AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Through this action EPA is proposing to amend the Clean Air 
Act section 608 refrigerant recycling regulations to extend the 
effectiveness of the refrigerant purity requirements of Sec. 82.154(g) 
and (h), which are currently scheduled to expire on March 18, 1996, 
until December 31, 1996, or until EPA completes rulemaking to adopt 
revised refrigerant purity requirements based on industry guidelines, 
whichever comes first. EPA is proposing to extend the requirements in 
response to requests from the air-conditioning and refrigeration 
industry to avoid widespread contamination of the stock of 
chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) 
refrigerants that could result from the lapse of the purity standard. 
Such contamination would cause extensive damage to air-conditioning and 
refrigeration equipment, release of refrigerants, and refrigerant 
shortages with consequent price increases. Because the revisions merely 
extend the currently requirements for a limited time, EPA does not 
anticipate receiving adverse comments. Consequently revisions are also 
being issued as a direct final rule in the final rules section of 
today's Federal Register. The reader should review that document and 
the accompanying regulatory text. If no significant adverse comments 
are timely received, no further action will be taken with respect to 
this proposal and the direct final rule will become final on the date 
provided in that action.

DATES: Comments must be received by April 1, 1996. A public hearing, if 
requested, will be held in Washington, DC. If such a hearing is 
requested, it will be held on March 18, at 9:00 am, and the comment 
period would then be extended to April 17, 1996. Anyone who wishes to 
request a hearing should call Cindy Newberg at 202/233-9729 by March 7, 
1996. Interested persons may contact the Stratospheric Protection 
Hotline at 1-800-296-1996 to learn if a hearing will be held and to 
obtain the date and location of any hearing. Any hearing will be 
strictly limited to the subject matter of this proposal.

ADDRESSES: Written comments on this proposed action should be addressed 
to

[[Page 7763]]

Public Docket No. A-92-01 VIII.G, Waterside Mall (Ground Floor) 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in room M-1500.
    The public hearing will be held at the EPA Auditorium, 401 M 
Street, SW., Washington, DC.
    All supporting materials are contained in Docket A-92-01. Dockets 
may be inspected from 8 a.m. until 4 p.m., Monday through Friday. A 
reasonable fee may be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Cindy Newberg, Program Implementation 
Branch, Stratospheric Protection Division, Office of Atmospheric 
Programs, Office of Air and Radiation (6205-J), 401 M Street, SW., 
Washington, DC 20460, (202) 233-9729. The Stratospheric Ozone 
Information Hotline at 1-800-296-1996 can also be contacted for further 
information.

I. Supplementary Information

    If no significant, adverse comments are timely received, no further 
activity is contemplated in relation to this proposed rule and the 
direct final rule in the final rules section of today's Federal 
Register will be final and become effective in accordance with the 
information discussed in that action. If significant adverse comments 
are timely received the direct final rule will be withdrawn and all 
public comments will be addressed in a subsequent final rule. The 
Agency will not institute a second comment period on this proposed 
rule; therefore, any parties interested in commenting should do so 
during this comment period.
    For more detailed information and the rationale, the reader should 
review the information provided in the direct final rule in the final 
rules section of today's Federal Register.

II. Summary of Supporting Analysis

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely and materially affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined by OMB and EPA that this action to propose 
amending the final rule is not a ``significant regulatory action'' 
under the terms of Executive Order 12866 and is therefore not subject 
to OMB review under the Executive Order.

B. Unfunded Mandates Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') requires that the Agency prepare a budgetary impact 
statement before promulgating a rule that includes a Federal mandate 
that may result in expenditure by State, local, and tribal governments, 
in aggregate, or by the private sector, of $100 million or more in any 
one year. Section 203 requires the Agency to establish a plan for 
obtaining input from and informing, educating, and advising any small 
governments that may be significantly or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or the selection of this alternative 
is inconsistent with law.
    Because this rulemaking is estimated to result in the expenditure 
by State, local, and tribal governments or private sector of less than 
$100 million in any one year, 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. As discussed in this preamble, this rule merely 
extends the current reclamation requirements during consideration of a 
more flexible approach that may result in reducing the burden of part 
82 Subpart F of the Stratospheric Protection regulations on regulated 
entities, including State, local, and tribal governments or private 
sector entities.

C. Paperwork Reduction Act

    There is no additional information collection requirements 
associated with this rulemaking EPA has determined that the Paperwork 
Reduction Act does not apply. The initial Sec. 608 final rulemaking did 
address all recordkeeping associated with the refrigerant purity 
provisions. An Information Collection Request (ICR) document was 
prepared by EPA and approved by the Office of Management and 
Budget(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This ICR is contained in the public docket A-92-01.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that 
Federal agencies examine the impacts of their regulations on small 
entities. Under 5 U.S.C. 604(a), whenever an agency is required to 
publish a general notice of proposed rulemaking, it must prepare and 
make available for public comment an initial regulatory flexibility 
analysis (RFA). Such an analysis is not required if the head of an 
agency certifies that a rule will not have an economic impact on a 
substantial number of small entities, pursuant to 5 U.S.C. 605(b).
    EPA believes that since this amendment merely extends a current 
requirement designed to protect purity of refrigerants temporarily, 
there will be no adverse effects for the regulated community, including 
small entities. An examination of the impacts of these provisions was 
discussed in the initial final rule promulgated under Sec. 608(58 FR 
28660). That final rule assessed the impact the rule may have on small 
entities. A separate regulatory impact analysis was developed. That 
impact analysis accompanied the final rule and is contained in Docket 
A-92-01.
    I certify that this proposed amendment to the refrigerant recycling 
rule will not have any additional negative economic impacts on any 
small entities.

    Dated: February 14, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-4037 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-P