[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10676-10678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6219]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5440-5]


Protection of Stratospheric Ozone; Refrigerant Recycling

AGENCY: Environmental Protection Agency (EPA).

ACTION: Temporary order.

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SUMMARY: In today's action, EPA is issuing an order temporarily 
extending the effectiveness of the refrigerant purity requirements of 
Sec. 82.154 (g) and (h), which are currently scheduled to expire on 
March 18, 1996. On February 29, 1996 EPA published a direct final rule 
(61 FR 7724) and a proposal (61 FR 7762) 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. 
This direct final would become effective on April 15, 1996, at the 
earliest. Such contamination could cause extensive damage to air-
conditioning and refrigeration equipment, release of refrigerants, and 
refrigerant shortages with consequent price increases. On that same 
date, EPA also published a proposal to adopt a more flexible approach 
to ensuring the purity of

[[Page 10677]]
refrigerants and soliciting public comment on this approach (61 FR 
7858).
    Today's temporary extension will not result in any additional 
burden on the regulated community. Moreover, the retention of the 
reclamation requirement will protect the environment, public health, 
and consumers by ensuring that contaminated refrigerants are not vented 
or charged into equipment. This extension will be effective until: the 
direct final action becomes effective; EPA takes final action on the 
proposal to extend the effectiveness of the reclamation requirements; 
or May 30, 1996, whichever date is earliest.

EFFECTIVE DATE: This order will become effective March 15, 1996.

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. The Stratospheric Ozone Information Hotline at 1-
800-296-1996 can also be contacted for further information.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. Background
II. Today's Action
III. Summary of Supporting Analysis
    A. Executive Order 12866
    B. Regulatory Flexibility Act
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act

I. Background

    On May 14, 1993, EPA published final regulations establishing a 
recycling program for ozone-depleting refrigerants recovered during the 
servicing and disposal of air-conditioning and refrigeration equipment 
(58 FR 28660). When EPA promulgated the final rule, the Agency noted 
that further rulemaking would be required to address issues that had 
been raised during the comment period for the proposed rule (57 FR 
58644). EPA accordingly made the reclamation requirements at 
Sec. 82.154 (g) and (h) effective until May 15, 1995, two years after 
publication of the final rule. EPA believed that this two-year period 
would be sufficient for industry to develop new guidelines for reuse of 
refrigerant and for EPA to complete a rulemaking to adopt them if EPA 
determined that they would continue to reduce emissions to the lowest 
achievable level and maximize the recapture and recycling of 
refrigerants (58 FR 28679).
    A committee representing a wide range of interests within the air-
conditioning and refrigeration industry provided EPA with recommended 
requirements for reuse of refrigerant in December 1994. Because the 
original sunsetting date was approaching, EPA pursued a rulemaking to 
extend the effectiveness of Sec. 82.154 (g) and (h) (60 FR 14608) until 
March 18, 1996. EPA believed that this extension would provide 
sufficient time to develop and publish a final rule based on these 
recommendations.
    On February 29, 1996, EPA published a proposed rulemaking 
recommending new and more flexible requirements for refrigerant 
reclamation. On that date, EPA also published a direct final notice and 
a parallel proposal to extend the effective date of the current 
requirements until December 31, 1996. If no adverse comments are 
received on the direct final notice by April 1, 1996, that notice will 
become effective on April 15, 1996. If adverse comments are received, 
EPA will need to take final action on the proposed extension of the 
requirements.
    Because the current requirements expire on March 18, 1996, and the 
earliest date by which the direct final could become effective is April 
15, 1996, there will be at least a one-month lapse in the effectiveness 
of the current rule. Representatives of the air-conditioning and 
refrigeration industry have expressed concern that any lapse, even a 
temporary one, in refrigerant purity requirements could result in a 
number of problems, including sloppy handling of refrigerant and 
dumping of contaminated refrigerant on the market. These problems could 
significantly damage equipment, lead to release of refrigerant, and 
aggravate refrigerant shortages. As a result, industry has requested 
that EPA take action to temporarily extend the effectiveness of the 
current purity requirements until the direct final action becomes 
effective or until EPA takes final action on the proposal. Many of the 
concerns expressed by industry concerning a lapse in the current 
requirements are detailed in the direct final notice (61 FR 7724). 
Readers are encouraged to review that notice.

II. Today's Action

    In response to these concerns, EPA is temporarily extending the 
effectiveness of the current reclamation requirements until: May 30, 
1996; the effective date of the direct final action; or EPA takes final 
action on the proposed notice, whichever date is earliest. EPA is 
issuing this order because it is not practicable to complete notice and 
comment rulemaking concerning the temporary extension of the current 
regulations prior to expiration on March 18, 1996. Section 553 of the 
Administrative Procedures Act (APA) authorizes agencies to dispense 
with certain procedures for rules when there exists ``good cause'' to 
do so. Under section 553(b)(B), the requirements of notice and 
opportunity for comment do not apply when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.''
    In these grave circumstances, EPA has determined that good cause 
exists based on concern expressed by industry that even a temporary 
lapse of the current reclamation requirements could cause contamination 
of refrigerants and possible damage to equipment. Immediate action to 
prevent such a lapse in the rule is necessary to avoid disruption to 
the ongoing regulatory program and prevent harm to the environment and 
property. The sole purpose of today's action is to preserve the status 
quo pending final action by EPA to extend these requirements following 
notice and comment procedures. This order is intended to temporarily 
address an interim lapse in the current regulatory requirements, and 
therefore will remain effective until no later than May 30, 1996.

III. 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 is not a 
significant regulatory action under the terms of Executive Order 12866 
and is therefore

[[Page 10678]]
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.
    This order merely extends the current reclamation requirements for 
a very limited time. Therefore, there are no mandates to the states.

C. Paperwork Reduction Act

    There is no additional information collection requirements 
associated with this order; therefore, 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 an action will not have a significant economic 
impact on a substantial number of small entities, pursuant to 5 U.S.C. 
605(b).
    EPA believes that since this action 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 temporary order will not have any additional 
negative economic impacts on any small entities.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, 
Hydrochlorofluorocarbons, Interstate commerce, Reporting and 
reclamation, Reporting and recordkeeping Requirements, Refrigerant 
purity, Recycling, Stratospheric ozone layer.

    Dated: March 11, 1996.
Carol M. Browner,
Administrator.

    Part 82, chapter I, title 40, of the Code of Federal Regulations, 
is amended to read as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

    1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

    2. Section 82.154 is amended by revising paragraphs (g) and (h) to 
read as follows:


Sec. 82.154  Prohibitions.

* * * * *
    (g) Effective from March 15, 1996 until no later than May 30, 1996, 
no person may sell or offer for sale for use as a refrigerant any class 
I or class II substance consisting wholly or in part of used 
refrigerant unless:
    (1) The class I or class II substance has been reclaimed as defined 
at Sec. 82.152;
    (2) The class I or class II substance was used only in an MVAC or 
MVAC-like appliance and is to be used only in an MVAC or MVAC-like 
appliance; or
    (3) The class I or class II substance is contained in an appliance 
that is sold or offered for sale together with the class I or class II 
substance.
    (h) Effective from March 15, 1996 until no than May 30, 1996, no 
person may sell or offer for sale for use as a refrigerant any class I 
or class II substance consisting wholly or in part of used refrigerant 
unless:
    (1) The class I or class II substance has been reclaimed by a 
person who has been certified as a reclaimer pursuant to Sec. 82.164;
    (2) The class I or class II substance was used only in an MVAC or 
MVAC-like appliance and is to be used only in an MVAC or MVAC-like 
appliance; or
    (3) The class I or class II substance is contained in an appliance 
that is sold or offered for sale together with the class I or class II 
substance.
* * * * *
[FR Doc. 96-6219 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-P