[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Proposed Rules]
[Pages 42791-42792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21526]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-6137-1]
RIN: 2060-AI07


Protection of Stratospheric Ozone: Halon Recycling and Recovery 
Equipment Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed determination.

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SUMMARY: Through this action EPA is proposing a determination that it 
is neither necessary nor appropriate under section 608(a)(2) of the 
Clean Air Act as amended in 1990 (CAA or ``Act'') to issue a proposed 
rule requiring the certification of recycling and recovery equipment 
for halons; and further, that it is neither necessary nor appropriate 
under section 608(a)(2) of the CAA to require that halons be removed 
only through the use of certified equipment. 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 relevant 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 on this proposed determination must be received by 
September 10, 1998.

ADDRESSES: Comments on this proposed determination should be sent to 
Docket No. A-98-37, 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 Lisa Chang, U.S. Environmental Protection 
Agency, Stratospheric Protection Division, 401 M Street, S.W., Mail 
Code 6205J, Washington, D.C. 20460 if by mail, or at 501 3rd Street, 
N.W., Room 267, Washington, D.C. 20001 if comments are sent by courier 
delivery.

FOR FURTHER INFORMATION CONTACT: Lisa Chang at (202) 564-9742 or fax 
(202) 565-1096, U.S. Environmental Protection Agency, Stratospheric 
Protection Division, Mail Code 6205J, 401 M Street, S.W., Washington, 
D.C. 20460.

SUPPLEMENTARY INFORMATION: If no relevant 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 relevant 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 supporing 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 
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 
certification of equipment used in halon recovery and recycling, and 
requiring that halons be removed from halon-containing equipment only 
through use of certified recovery and recycling equipment, is not 
necessary or 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 certification of equipment 
used in halon recovery and recycling, and requiring that halons be 
removed from halon-containing equipment only through use of certified 
recovery and recycling equipment, is not necessary or 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.

C. Paperwork Reduction Act

    This action does not add any new requirements or increase burdens 
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et 
seq.

D. Unfunded Mandates Reform Act

    It has been determined that this action does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local and tribal governments, in the aggregate, or the private 
sector, in any one year.

[[Page 42792]]

E. Executive Order 13045--Children's Health

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risk and Safety Risk'' (62 FR 19885, April 23, 1997) applies to 
any rule that (1) is determined to be ``economically significant'' as 
defined under Executive Order 12866, and (2) concerns an environmental 
health or safety risk that EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, the Agency must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This action is not subject to E.O. 13045 because it is not a rule 
and is not likely to result in a rule.

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: July 31, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-21526 Filed 8-10-98; 8:45 am]
BILLING CODE 6560-50-P