[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Proposed Rules]
[Pages 14771-14772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6085]



  Federal Register / Vol. 66, No. 49 / Tuesday, March 13, 2001 / 
Proposed Rules  

[[Page 14771]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-6951-9]
RIN 2060-AJ15


Protection of the Stratospheric Ozone: De Minimis Exemption for 
Laboratory Essential Uses for Calendar Year 2001

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA has determined that it is appropriate to provide an 
exemption for laboratory and analytical essential uses for calendar 
year 2001. EPA has determined that an allowance for laboratory and 
analytical essential uses, which allows for the production and import 
of class I stratospheric ozone depleting substances (ODSs) beyond the 
phase-out of these substances, is allowable under the Clean Air Act as 
a de minimis exemption. Based on specific findings, EPA is proposing to 
amend the regulations on import and production of ODSs to reflect this 
determination and is allocating a general global exemption for class I 
ODSs for laboratory and analytical essential uses for the year 2001. 
This action would allow for the continued import and production of 
class I ODSs for laboratory uses where there are no sufficient 
substitutes. These laboratory uses include numerous analytical methods 
necessary for protecting public health and the environment.
    Elsewhere in this issue of the Federal Register, EPA is amending 
the regulations on import and production of ODSs as a direct final rule 
without prior proposal because we view these revisions as 
noncontroversial and anticipate no significant adverse comments. You 
can find a detailed discussion of the revisions and our rationale in 
the preamble to the direct final rule.

DATES: We must receive comments on this proposed rule on or before 
April 12, 2001. If a hearing is requested, written comments must be 
received by April 27, 2001.
    Anyone requesting a public hearing must contact the EPA by March 
23, 2001. If requested, a public hearing will be held in Washington, DC 
at 10:30 on March 28, 2001.

ADDRESSES: Comments should be submitted to: Margaret Sheppard, U.S. 
Environmental Protection Agency (6205J), 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. All comments will be filed in EPA Air docket 
number A-93-39. Your comments must be identified as comments on this 
proposed rule (companion to the direct final rule) and must be 
submitted in duplicate. If your comments contain confidential business 
information, submit them directly to Margaret Sheppard in two versions: 
one clearly marked ``Public'' to be filed in the public docket, and the 
other marked ``Confidential'' to be reviewed by authorized government 
personnel only.
    Materials relevant to this rulemaking are contained in Docket No. 
A-93-39. The Docket is located in Waterside Mall Room M-1500, 401 M 
Street, SW., Washington, DC 20460, telephone (202) 260-7548. The 
materials may be inspected from 8 a.m. until 5:30 p.m. Monday through 
Friday. EPA may charge a reasonable fee for copying docket materials.

FOR FURTHER INFORMATION CONTACT: The Stratospheric Ozone Protection 
Hotline at (800) 296-1996 or Margaret Sheppard, U.S. Environmental 
Protection Agency, Global Programs Division, Office of Air and 
Radiation (6205J), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; [email protected], (202) 564-9163 phone 
and (202) 565-2141 fax.

SUPPLEMENTARY INFORMATION: With this document, EPA is proposing to 
grant essential use allowances for import and production of class I 
ozone depleting substances for the year 2001. We are allocating 
essential use allowances for essential laboratory uses under a de 
minimis exemption as a direct final rule without prior proposal 
because, we view this as a noncontroversial revision and anticipate no 
adverse comment. EPA believes that these revisions are noncontroversial 
because under a previous proposal for essential use allowances for 
2000, we received almost unanimous support from a wide range of 
industry, government, and academic institutions for EPA to continue to 
allow new production and import of class I ODSs for laboratory and 
analytical uses through a de minimis exemption. If EPA receives no 
adverse comment, we will not take further action on this proposed rule. 
If we receive adverse comment, we will withdraw the direct final rule 
and it will not take effect. We will address all public comments in a 
subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
    You may claim that information in your comments is confidential 
business information, as allowed by 40 CFR part 2. If you submit 
comments and include information that you claim as confidential 
business information, we request that you submit them directly to 
Margaret Sheppard in two versions: one clearly marked `Public' to be 
filed in the public docket, and the other marked `Confidential' to be 
reviewed by authorized government personnel only. The EPA will disclose 
information identified as `Confidential' only to the extent allowed by 
the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies a submission when it is received by the 
EPA, the information may be made available to the public without 
further notice to the commenter.
    The regulated categories affected by this action include:

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              Category                           SIC              NAICS
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1. Medical and Diagnostic            8071......................     6215
 Laboratories.
2. Research and Development in the   8731 and 8733.............    54171
 Physical, Engineering, and Life
 Sciences.
3. Environmental Consulting          8999......................    54162
 Services.
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    This table is not intended to be exhaustive but, rather, provides a 
guide for readers likely to be interested in this proposed rule. If you 
have any questions regarding the applicability of this proposed rule 
please consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

What Are the Administrative Requirements for This Proposal?

Regulatory Flexibility Analysis

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this proposed rule. EPA has 
also determined that this rule will not have a significant economic 
impact on a substantial number of small entities. For purposes of 
assessing the impact of today's rule on small entities, small entities 
are defined as (1) a small business that manufactures or sells 
chemicals and has 500 or fewer

[[Page 14772]]

employees; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
Without today's proposed rule, manufacturers of ODSs for laboratory 
uses would be subject to the general ban on the production and import 
of class I ozone depleting substances under the Clean Air Act. This 
action reduces regulatory burden by providing an exemption to the ban 
for the production and import of class I ozone depleting substances 
specifically for laboratory and analytic uses.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. The rule 
itself is an exemption which reduces the burden of the phase out of 
ozone depleting substances. We requested comment from laboratory users, 
some of whom work in small research laboratories, in the development of 
today's rule and have issued an exemption from a ban otherwise 
applicable. For information regarding other administrative requirements 
for this action, please see the direct final rule published in the 
``Rules and Regulations'' section of this Federal Register.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, Exports, 
Imports, Ozone layer, Reporting and recordkeeping requirements.

    Dated: March 5, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-6085 Filed 3-12-01; 8:45 am]
BILLING CODE 6560-50-U