[Federal Register Volume 63, Number 24 (Thursday, February 5, 1998)]
[Proposed Rules]
[Pages 5906-5907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2873]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5961-9]
RIN 2060-AH26


Protection of Stratospheric Ozone: Control of Methyl Bromide 
Emissions Through Use of Tarps

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed determination.

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SUMMARY: Through this action EPA is proposing a determination that 
requiring the use of gas impermeable tarps to control emissions of the 
pesticide methyl bromide is not appropriate under section 608(a)(2) of 
the Clean Air Act at this time. This proposed determination is also 
being issued, pursuant to a consent decree, as a direct final 
determination in the final rules section of today's Federal Register. A 
detailed discussion of the reasoning for this proposed determination is 
set forth in the direct final determination and the accompanying study 
referred to therein. If no adverse comment is timely received, no 
further action will be taken with respect to this proposal and the 
direct final determination will become final on the date provided in 
that action.

DATES: Comments must be received by March 9, 1998.

ADDRESSES: Comments on this proposed determination should be addressed 
to Public Docket No. A-98-07, U.S. Environmental Protection Agency, OAR 
Docket and Information Center, Room M-1500, Mail Code 6102, 401 M 
Street, S.W., Washington, D.C. 20460. The docket may be inspected from 
8:00 a.m. until 5:30 p.m., weekdays. The docket phone number is (202) 
260-7548, and the fax number is (202) 260-4400. A reasonable fee may be 
charged for copying docket materials. A second copy of any comments 
should also be sent to Carol Weisner, U.S. Environmental Protection 
Agency, Stratospheric Protection Division, 401 M Street, SW, Mail Code 
6205J, Washington, DC 20460, if by mail, or at 501 3rd Street, N.W., 
Washington, DC 20001, if comments are sent by courier delivery.

FOR FURTHER INFORMATION CONTACT: Carol Weisner at (202) 564-9193 or fax 
(202) 565-2096, U.S. Environmental Protection Agency, Stratospheric 
Protection Division, 401 M Street, S.W., Mail Code 6205-J, Washington, 
DC 20460.

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

I. Administrative Requirements

A. Executive Order 12866

    Executive Order 12866 (58 FR 51735, October 4, 1993) provides for

[[Page 5907]]

interagency review of ``significant regulatory actions.'' It has been 
determined by the Office of Management and Budget (OMB) and EPA that 
this action, which is a proposed determination that requiring the 
control of methyl bromide emissions through the use of tarps is not 
appropriate, 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. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that 
Federal agencies, when developing regulations, consider the potential 
impact of those regulations on small entities. Because this action is a 
proposed determination that requiring the control of methyl bromide 
emissions through the use of tarps is not appropriate, the Regulatory 
Flexibility Act does not apply. By its nature, this action will not 
have an adverse effect on the regulated community, including small 
entities.

II. Judicial Review

    Because this proposed determination is of nationwide scope and 
effect, under section 307(b)(1) of the Act, judicial review of this 
action is available only by the filing of a petition for review in the 
United States Court of Appeals for the District of Columbia Circuit 
within sixty days of publication of this action in the Federal 
Register.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Reporting and recordkeeping 
requirements, Stratospheric ozone layer.

    Dated: January 30, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-2873 Filed 2-4-98; 8:45 am]
BILLING CODE 6560-50-P