[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Proposed Rules]
[Pages 65916-65931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27340]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7400-3]
RIN 2060-AJ27


Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane 
Production and Consumption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: With this action, EPA is proposing to add chlorobromomethane 
(CBM) to the list of controlled substances subject to production and 
consumption controls in accordance with both the Montreal Protocol on 
Substances that Deplete the Ozone Layer (Protocol) and EPA's 
regulations under the Clean Air Act Amendments of 1990 (CAAA). Today's 
action proposes to create a new Group (Group VIII) of class I 
substances for CBM, and to designate the value of CBM's ``ozone 
depleting potential'' (ODP) as 0.12. In accordance with the Protocol, 
today's action proposes phasing out CBM production and consumption upon 
publication of the final rule with permitted exemptions. Today's action 
also proposes to restrict trade in CBM with countries who are not 
Parties to the Beijing Amendments to the Protocol.

DATES: Comments must be received in writing by November 29, 2002, 
unless a public hearing is requested. If a public hearing takes place, 
it will be scheduled for November 13, 2002, after which comments must 
be received on or before December 13, 2002. Any party requesting a 
public hearing must notify the contact person listed below by 5 p.m. 
Eastern Standard Time on November 5, 2002. After that time, interested 
parties may call EPA's Stratospheric Ozone Protection Information 
Hotline at 1-800-296-1996 to inquire with regard to whether a hearing 
will be held, as well as the time and place of such a hearing.

ADDRESSES: Public comments and data specific to this action should be 
submitted in duplicate (two copies) to: Air and Radiation Docket 
(6102), Air Docket No. A-92-13, Section XII, U.S. Environmental 
Protection Agency, 401 M Street, SW., Room M-1500, Washington, DC 
20460. If you plan to submit comments, please also notify Jabeen 
Akhtar, U.S. Environmental Protection Agency, Global Programs Division 
(6205J), 1200 Pennsylvania

[[Page 65917]]

 Avenue, NW., Washington, DC 20460, (202) 564-3514.
    Materials relevant to this proposed rulemaking are contained in 
Public Docket No. A-92-13, Section XII. The docket is located in room 
M-1500, Waterside Mall (Ground Floor), at the above address. The 
materials may be inspected from 8 a.m. until 5:30 p.m., Monday through 
Friday. The telephone number is (202) 260-7548. The docket may charge a 
reasonable fee for copying docket materials.
    Information designated as Confidential Business Information (CBI) 
under 40 CFR, Part 2, Subpart 2, must be sent directly to the contact 
person for this notice. However, the Agency is requesting that all 
respondents submit a non-confidential version of their comments to the 
docket as well.

FOR FURTHER INFORMATION CONTACT: The Stratospheric Ozone Information 
Hotline at 1-800-296-1996, or Jabeen Akhtar, U.S. Environmental 
Protection Agency, Global Programs Division (6205J), 1200 Pennsylvania 
Avenue, NW., Washington, DC, 20460, (202) 564-3514; 
[email protected]. Overnight or courier deliveries should be sent 
to the office location at 4th floor, 501 3rd Street, NW., Washington, 
DC, 20001. You may also visit the Ozone Depletion web site of EPA's 
Global Programs Division at http://www.epa.gov/ozone/index.html for 
further information about EPA's Ozone Protection regulations, the 
science of ozone depletion, and other topics.

SUPPLEMENTARY INFORMATION: This document concerns proposed amendments 
to the production and import controls for ozone-depleting substances 
(ODS). The proposed amendment concerns the addition of a new controlled 
substance, chlorobromomethane (CBM), to the list of substances already 
subject to controls related to production, import, export, destruction, 
transhipment, essential uses, and feedstock uses.
    The regulated categories that may be affected by this proposed 
action include:

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                                                                           Examples of potentially regulated
               Category                      SIC            NAICS                       entities
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1. Industrial organic chemicals, NEC.            2869          325199  Producers, importers, or exporters of
                                                                        CBM.
2. Pharmaceutical preparations.......            2834          325412  Transformers of CBM.
3. Pesticides and agricultural                   2879           32532  Transformers of CBM.
 chemicals, NEC.
4. Chemicals and allied products, NEC            5169           42269  Lab suppliers of CBM.
5. Testing laboratories, except                  8734           54138  Lab users of CBM.
 veterinary testing labs.
6. Medical and diagnostic                        8071            6215  Lab users of CBM.
 laboratories.
7. Research and development in the         8731, 8733           54171  Lab users of CBM.
 physical, engineering and life
 sciences.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
proposed action. This table lists the types of entities that EPA is now 
aware could potentially be regulated by this proposed action. Other 
types of entities not listed in this table could also be affected. To 
determine whether your facility, company, business organization, etc., 
could be regulated by this proposed action, you should carefully 
examine the applicability criteria in Sec.  82.1(b) of Title 40 of the 
Code of Federal Regulations (CFR). If you have any questions regarding 
the applicability of this proposed action to a particular entity, 
consult the person listed in the For Further Information Contact 
section.

Table of Contents

I. What is the scientific and legal background for the regulations 
to phase out ozone-depleting substances?
II. What chemicals are addressed by today's proposed action and how 
are they used?
    A. CBM as a fire extinguishing agent
    B. CBM as an explosion protection agent
    C. CBM as a solvent
    D. CBM as a feedstock
    E. Process agents
III.What are the elements of the international agreement to regulate 
CBM?
    A. Preliminary discussions on controlling CBM
    B. The ``Beijing Amendments'' and its provisions regarding CBM
IV. What are the new U.S. requirements proposed by today's action?
    A. Legal authority
    B. Specific elements of today's proposed action
    1. Listing CBM and controls
    2. Ban on Trade with non-Parties
    3. Essential Use Exemptions
    4. Recordkeeping and reporting requirements
    (a) Producers
    (b) Importers
    (c) Exporters
    (d) Destroyers
    (e) Transformers
    (f) Transhipments, heels, and essential uses
    (g) Laboratory essential uses
V. What other stratospheric protection regulations will relate to 
CBM following today's proposed action?
VI. What are the supporting analyses?
    A. Unfunded Mandates Reform Act
    B. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 
et seq.
    C. Executive order 12866
    D. Applicability of Executive Order 13045--Protection of 
Children from Environmental Health Risks and Safety Risks
    E. Paperwork Reduction Act
    F. Executive Order 13132 (Federalism)
    G. Executive Order 13175 (Consultation and Coordination with 
Indian Tribal Governments)
    H. The National Technology Transfer and Advancement Act
    I. Executive Order 13211 (Energy Effects)

I. What Is the Scientific and Legal Background for Regulations To Phase 
Out Ozone-Depleting Substances?

    International and national regulatory activities to phase out 
ozone-depleting substances (ODSs) arose from scientific findings 
linking ODSs with stratospheric ozone depletion. The stratospheric 
ozone layer protects the Earth from penetration of harmful ultraviolet 
(UV-B) radiation. Scientific evidence links the release of certain man-
made halocarbons, including chlorofluorocarbons (CFCs), halons, carbon 
tetrachloride, methyl chloroform, and methyl bromide, to the depletion 
of the stratospheric ozone layer. Ozone depletion harms human health 
and the environment through increased incidence of cataracts, certain 
skin cancers, suppression of the immune system, damage to plants 
including crops and aquatic organisms, increased formation of ground-
level ozone and increased weathering of outdoor plastics.
    In response to the body of evidence linking chlorofluorocarbons and 
other chlorinated and brominated compounds to ozone depletion, the 
international community reached agreement in 1987 on a landmark treaty. 
This treaty, the Montreal Protocol on Substances that Deplete the Ozone 
Layer (``Montreal Protocol'' or ``Protocol'') was originally signed by 
46 nations, including the United States. The Protocol establishes

[[Page 65918]]

controls on the production and consumption of ozone depleting 
chemicals. The Protocol has been amended and adjusted numerous times in 
the 15 years since its original signing, and 183 nations have now 
ratified the original Protocol (as of 1/24/02).
    The Clean Air Act Amendments of 1990 direct the Environmental 
Protection Agency (EPA) to issue regulations to implement the 
provisions of the Protocol within the United States. Accordingly, EPA 
developed a scheme of production and consumption controls relative to 
substances addressed by the Protocol. The current regulatory 
requirements of the Stratospheric Ozone Protection Program implement 
the provisions of the Protocol and the Clean Air Act (CAA) by limiting 
the production and consumption of ozone-depleting substances. These 
regulatory requirements are codified at Subpart A to Part 82 of Volume 
40 of the Code of Federal Regulations (40 CFR Part 82, Subpart A). As 
the control measures of the Protocol have been amended or adjusted, and 
in consideration of other factors, Subpart A has also been amended. For 
example, following the amendments to the Protocol made at the Fourth 
Meeting of the Parties in Copenhagen in 1992, a number of changes to 
the control provisions of the Protocol were made, including an 
accelerated phaseout of ODS production and consumption. EPA published a 
final regulation in December of 1993, implementing the United States' 
obligation under the Copenhagen amendments (58 FR 65018). Other 
regulations amending Subpart A include those published on December 20, 
1994 (59 FR 65478), May 10, 1995 (60 FR 24970), August 4, 1998 (63 FR 
41625), and October 5, 1998 (64 FR 53290).
    In the context of the regulatory program, the use of the term 
consumption may be misleading. Consumption does not mean the ``use'' of 
a controlled substance, but rather is defined as the formula: 
consumption = production + imports--exports, of controlled substances 
(Article 1 of the Protocol and Section 601 of the CAA). Furthermore, 
the objective that consumption shall not exceed zero, except for 
exempted uses (as is the ultimate objective under the Montreal Protocol 
and CAA for all ozone-depleting substances) is achieved through a ban 
on production and on import. Quantities of exports are not controlled 
as such (although trade in controlled substances with non-Parties to 
the Protocol is controlled for reasons explained in section IV.C.3. of 
this Preamble). Yet by setting production and import in the above 
equation equal to zero, any positive quantity of export in the above 
equation will result in a value for consumption which is less than 
zero. Under the regulatory program established by EPA to implement the 
Montreal Protocol, limited exceptions to the ban on the import of 
phased-out class I controlled substances exist if the substances are: 
(1) Previously used, (2) imported for essential uses as authorized by 
the Protocol and 40 CFR Part 82, Subpart A, (3) imported for 
destruction or transformation only, or (4) a transhipment (i.e., from 
one foreign country through the U.S., to another foreign country) or a 
heel (a small amount of controlled substance remaining in a container 
after discharge) (40 CFR 82.4(d), 82.13(g)(2)).

II. What Chemicals Are Addressed by Today's Proposed Action and How Are 
They Used?

    Today's proposed action will affect only one chemical, 
chlorobromomethane (CBM).\1\ CBM is a chemical compound found in trace 
quantities in the atmosphere with both natural and man-made sources. 
Research indicates that CBM has an atmospheric lifetime of [sim]0.21-
0.25 yr-1. The Parties to the Montreal Protocol designated 
the ODP of CBM as 0.12. This value is consistent with an examination of 
scientific investigations on this topic, which concluded that an 
appropriate range for the ODP of CBM is 0.07-0.15 (See 64 FR 22985, 4/
18/99).
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    \1\ The terms chlorobromomethane and bromochloromethane are 
synonymous. They both refer to the chemical, CH2BrCl. 
Both terms can be found in industry, scientific, and regulatory 
documents.
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    Preliminary research indicates that the past and current major 
industrial applications of CBM have been in 4 main areas: in the fire 
protection sector, as an explosion suppression agent, as a solvent, and 
as a feedstock in the manufacture of other chemicals. Informal 
discussions with CBM producers indicate that the majority of CBM is 
produced for feedstock use. EPA seeks comment as to whether any other 
uses of CBM exist that have not been captured in the following 
subsections.

A. CBM as a Fire Extinguishing Agent

    Halogenated agent fire extinguishers were initially developed in 
the early 1900s and filled an important fire protection niche. 
Halogenated agent extinguishers were efficient on fires in materials 
where water or largely water solutions were ineffective, such as on 
fires involving electrical arcs and on fires involving volatile 
liquids.
    Increasing concerns about short and long-term adverse health 
effects of CBM on the lungs, kidneys, skin, and liver led to the end of 
this agent's acceptability as a fire extinguishing agent for use in 
areas occupied by humans. In the 1960s, Underwriters' Laboratories, 
Inc. withdrew recognition of fire extinguishing agents with a toxicity 
classification exceeding a certain threshold. This action affected CBM, 
carbon tetrachloride and methyl bromide as fire extinguishing agents. 
In the early 1980s, the Occupational Safety and Health Administration 
(OSHA) banned the use of both carbon tetrachloride and CBM as fire 
extinguishing agents in areas where employees can be exposed to the 
agent or its side effects. OSHA does, however, permit the use of CBM as 
an explosion suppression agent in unoccupied spaces (29 CFR Part 1910, 
Subpart L, Appendix A (Section 160)).
    Preliminary research by EPA also indicates that CBM was used in 
some military applications (e.g., in aircraft fire protection). 
However, Department of Defense (DoD) officials indicate that no current 
requirements exist or are expected to exist for CBM, and that today's 
proposed action will not adversely affect DoD.

B. CBM as an Explosion Protection Agent

    CBM is an effective explosion protection agent. Explosions affect 
many industries such as plastics, forest products, powdered foods, 
waste disposal, grain, coal, chemical, petrochemical, food processing, 
brewing, and pharmaceutical. Explosions are broadly classified as 
deflagrations or detonations, depending upon the speed at which the 
combustion zone propagates. Five primary methods exist for controlling 
deflagrations: prevention, containment, venting, suppression, and 
isolation. CBM and other halon agents were used in explosion 
suppression systems. Such systems operate by detecting an explosion in 
its early stages and introducing a suppressant (e.g., CBM) that 
prevents the combustion reaction from continuing.
    EPA research indicates that one U.S. company historically 
manufactured explosion protection systems containing CBM. Manufacture 
and sale of such systems ended in the early 1990s. No significant 
imports of such systems into this country are known. It is estimated 
that several hundred such explosion protection systems are currently 
deployed among various facilities throughout the United States. An EPA 
regulation, published on April 28, 1999 (64 FR 22982), found CBM to be 
unacceptable as a substitute for Halon

[[Page 65919]]

1301 in total flooding applications in the fire suppression and 
explosion protection sector. EPA published this rule under Section 612 
of the CAAA, which authorizes EPA to develop a program for evaluating 
alternatives to ozone-depleting substances. The program generates lists 
of acceptable and unacceptable substitutes for each of the major 
industrial use sectors. EPA refers to this program as the Significant 
New Alternatives Policy (SNAP) program. In the April 1999 action, the 
SNAP program found that other alternative Halon 1301 replacement agents 
existed with zero or lower ozone-depleting potential than CBM.

C. CBM as a Solvent

    CBM has been considered as a potentially promising cleaning agent, 
either alone or as a solvent blend. Under EPA's SNAP program, the 
Agency received an application requesting consideration of CBM as a 
substitute for CFC-113 and methyl chloroform in solvents cleaning of 
metals, electronics, and in precision cleaning.
    In a regulation published on April 28, 1999 (noted above), EPA 
determined that CBM was unacceptable as a substitute for CFC-113, 
methyl chloroform (MCF), and HCFC-141b in metals cleaning, electronics 
cleaning and precision cleaning because numerous other alternative 
substances exist with lower environmental risks (64 FR 22982). That 
regulation also established that CBM is unacceptable in aerosols (as a 
solvent) as a substitute for CFC-113, methyl chloroform, and HCFC 141b, 
and in adhesives, coatings, and inks (as a carrier solvent) as a 
substitute for CFC-113, methyl chloroform, and HCFC 141b.

D. CBM as a Feedstock

    According to preliminary research by EPA, approximately 80% of CBM 
produced in the past has been used as a feedstock in the manufacture of 
pharmaceutical products, water treatment chemicals, and a biocide. 
Today's proposed action would not affect production or import (except 
for import from non-Party countries; see section IV.C.1.) of CBM when 
that CBM is subsequently transformed, as it is when it is used as a 
feedstock. ``Transform'' means to use and entirely consume (except for 
trace quantities) a controlled substance in the manufacture of other 
chemicals for commercial purposes (See 40 CFR 82.3). The definition of 
``production'' of controlled substances in Sec.  82.3 explicitly 
excludes ``the manufacture of a controlled substance that is 
subsequently transformed'' and therefore production controls will not 
apply to such manufacture. Also, Sec.  82.4 (c) and (d) exclude 
controlled substances ``that are transformed or destroyed'' from the 
Class I import prohibition.

E. Process Agents

    The Parties to the Protocol recognize that certain controlled 
ozone-depleting substances, because of their unique chemical and/or 
physical properties, can facilitate an intended chemical reaction and/
or inhibit an unintended chemical reaction. The term ``process agent'' 
is used to refer to controlled substances in such applications. 
Controlled substances are typically used in chemical processes as 
process agents for at least two of the following unique chemical and/or 
physical properties: (1) Chemically inert during a chemical reaction; 
(2) physical properties (e.g., boiling point, vapor pressure, specific 
solvency); (3) to act as a chain transfer agent; (4) to control the 
desired physical properties of a process (e.g., molecular weight, 
viscosity); (5) to increase plant yield; (6) non-flammable/non-
explosive; and (7) to minimize undesirable by-product formation. 
Source: Process Agents Task Force (PATF), 2001 (available at http://www.teap.org/html/process_agents_reports.html).
    Formally, the term ``process agents'' under the Montreal Protocol 
means ``the use of controlled substances for the applications listed in 
table A'' of Decision X/14 of the Meetings of the Parties to the 
Montreal Protocol (Handbook for the International Treaties for the 
Protection of the Ozone Layer. Ozone Secretariat, UNEP, Nairobi, Kenya, 
p. 85. Available at http://www.unep.org/ozone/Handbook2000.shtml). 
Presently, four controlled substances are listed as process agents: 
carbon tetrachloride (CTC), CFC-11, CFC-12, and CFC-113. These are used 
in the manufacture of chlorine, polymers, chlorinated (intermediate) 
products, pharmaceuticals, and pesticides and other agricultural 
chemicals.
    Controlled substances produced or imported as process agents (as 
listed in table A of Decision X/14) for use in plants and installations 
that were in operation before January 1, 1999, are not counted in the 
calculation of production and consumption of controlled substances from 
January 1, 2002, and thereafter. That is, production and import of 
controlled substances as process agents listed in table A of Decision 
X/14 are not subject to production and import restrictions under the 
Montreal Protocol. In the case of non-Article 5 Parties such as the 
U.S., the emissions of controlled substances in these processes must be 
reduced to insignificant levels as defined in table B of Decision X/14.
    Parties may propose additions to the list of controlled substances 
designated as process agents by sending a detailed proposal to the 
Ozone Secretariat, which will forward them to the Technology and 
Economic Assessment Panel (TEAP). The Panel will then investigate the 
proposed change and make a recommendation to the Parties whether or not 
the proposed use should be added to the list by decision of the 
Parties.
    EPA received a letter from one stakeholder requesting that their 
use of CBM as a solvent in the process of producing a polymer additive 
be considered a process agent use. EPA has approved this company's use 
of CBM as a process agent use and has submitted a request to the TEAP 
to add this use of CBM to the list of process agents in Table A of 
Decision X/14 and to change the emissions limit for the United States 
in Table B to reflect this addition. EPA seeks comment as to whether 
any other applications of CBM exist that should be submitted for 
consideration as a process agent. Commenters should provide detailed 
information on the quantities of chemicals involved, the chemical 
process, and the products. EPA also seeks comment as to the anticipated 
impacts, if any, of this proposed rule on such potential process agent 
uses.

III. What Are the Elements of the International Agreement To Regulate 
CBM?

A. Preliminary Discussions on Controlling CBM

    Interest in banning production of CBM was first raised in the 
Montreal Protocol forum in 1998. At the Tenth Meeting of the Parties to 
the Protocol in November, 1998, the suggestion was made that the 
Parties immediately ban CBM. CBM was recognized as a ``new'' and 
unregulated substance with a high ODP. In response to concern that CBM 
was being aggressively marketed to developing countries as an ``ozone-
safe'' alternative solvent, and that unhindered global production of 
CBM could significantly harm or threaten the ozone layer, the Parties 
to the Montreal Protocol agreed at the Tenth Meeting to take measures 
to discourage its production and marketing. The 1999 Report of the 
Technology and Economic Assessment Panel included a recommendation for 
regulatory controls of CBM from the Solvents Technical Options 
Committee (STOC):

In view of the predicted quantities of CBM, if the market for this 
substance is developed

[[Page 65920]]

unhindered and the ODP, which is within the same range as HCFCs 
regulated under the Montreal Protocol, the STOC recommends that the 
Parties consider appropriate action to prevent or limit further 
depletion of the ozone layer due to this substance.'' \2\


    \2\ April 1999 Report of the Technology and Economic Assessment 
Panel, Part V, 2.7.1.
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    It should be noted that there was reason to believe that a 
significant future market for CBM might exist in the absence of 
regulation. For example, industry had identified CBM as a potentially 
promising cleaning agent in the 1990s; and as mentioned above, EPA's 
SNAP program had received an application requesting consideration of 
CBM as a substitute for CFC-113 and methyl chloroform in solvents 
cleaning of metals, electronics, and in precision cleaning. Although 
EPA's 1999 regulation noted above (64 FR 22982) determined that CBM was 
unacceptable as a substitute for CFC-113, methyl chloroform (MCF), and 
HCFC-141b in metals cleaning, electronics cleaning and precision 
cleaning, as well as unacceptable as a substitute for Halon 1301 in 
total flooding applications in the fire suppression and explosion 
protection sector, these restrictions do not control CBM use outside of 
the United States.

B. The ``Beijing Amendments'' and Their Provisions Regarding CBM

    The Parties to the Protocol at the Eleventh Meeting (``Beijing 
Amendments'') agreed to list CBM as a controlled substance and 
establish its phaseout schedule. The specific terms of the Beijing 
Amendments can be found at http://www.unep.org/ozone/Beijing-Amendment.shtml and also in the Docket to this proposed rulemaking. The 
Parties agreed to add a new group of controlled substances to Annex C. 
This new group, Group III, consists of a single entry, 
chlorobromomethane, which was assigned an ODP of 0.12. Furthermore, the 
Parties agreed to add a new Article (``Article 2I: 
Bromochloromethane'') to the Protocol which specifies that as of 
January 1, 2002, the consumption and production of the controlled 
substance in Group III of Annex C shall not exceed zero, except for 
production or consumption necessary to satisfy uses that may be agreed 
by the Parties in the future to be essential.
    The Protocol contains no exemptions from production controls for 
CBM to meet the ``basic domestic needs'' of ``Article 5'' parties as it 
does for many other groups of ODSs. For other ODSs, the Montreal 
Protocol allows Parties to exceed their level of baseline production to 
accommodate the ``basic domestic needs'' of Article 5 countries. 
Article 5 countries are defined by the Parties as developing countries 
whose annual calculated level of consumption of controlled substances 
falls below certain thresholds. The basis for allowances for Article 5 
Parties has been described previously (52 FR 47496, 12/14/87). For 
certain ODSs, the Protocol allows excess production for Article 5 
countries and EPA has accordingly provided for such excess production 
in its regulations (see 40 CFR Part 82, Subpart A, 82.9(a)). In 
contrast, when the control measures set forth in the Protocol do not 
provide for such excess production, no ``Article 5'' provision has been 
granted in EPA regulations. Because Article 2I of the Protocol, which 
specifies controls on CBM, does not include the provision for granting 
Article 5 allowances for CBM, such a provision will not be made with 
today's proposed action (see discussion in Section IV.C.5.a).
    In addition to the control measures described above, the Beijing 
Amendments add to the Protocol a ban on import of CBM from, and export 
of CBM to, non-Parties to the Beijing Amendments. Under the terms of 
the Beijing Amendments, each Party is required to implement this trade 
ban on CBM within 1 year of the date of entry into force of the 
Amendments. In general, under the Montreal Protocol and its amendments, 
bans on imports from and exports to non-Parties reflect an agreed 
strategy by the Parties to the Montreal Protocol to encourage 
ratification of each successive amendment package to the Protocol and 
to ensure that controlled ozone-depleting substances are not provided 
to countries that have not agreed to control measures.
    Finally, as with most other groups of ODSs regulated under the 
Montreal Protocol, the phaseout of CBM production and consumption 
accommodates the future possibility of ``essential use'' allowances. At 
the Fourth Meeting of the Parties to the Protocol in Copenhagen 
(November 23-25, 1992), the Parties established criteria for 
determining ``essential uses'' that could be exempted from the phaseout 
of production and importation. These criteria and the nomination 
process are described in more detail in earlier Federal Register 
notices (64 FR 50084, 9/15/99).

IV. What Are the New U.S. Requirements Proposed by Today's Action?

A. Legal Authority

    Several provisions of the CAA provide the legal authority for 
today's proposed action. Section 602(a) provides EPA with the general 
authority to list Class I substances. Section 602(a) requires EPA to 
add to the list of Class I substances those substances that it finds 
cause or contribute significantly to harmful effects on the 
stratospheric ozone layer. Section 602(c) requires that the 
Administrator place newly added Class I substances, to the extent 
consistent with the Montreal Protocol, either into an existing Group or 
a new Group. As explained in Section III A of today's proposed action, 
EPA believes that CBM may cause or contribute significantly to the 
harmful effects on the stratospheric ozone layer. Whenever EPA adds a 
substance to the Class I list, EPA is also required by Section 602(e) 
to assign a numerical value representing the substance's ozone-
depleting potential (ODP). Section 602(e) requires this ODP numerical 
value to be consistent with the Montreal Protocol if such ODP is 
specified by the Montreal Protocol.
    Those substances listed as a Class I (or Class II) substance are 
then subject to the monitoring and reporting requirements as set forth 
and implemented under Section 603. Section 603(b) requires that on a 
quarterly basis, or other such basis as EPA may prescribe, a report be 
filed with EPA regarding the amount of substance(s) produced, imported, 
and exported during the preceding reporting period.
    Section 604 sets forth the general phase-out schedule of Class I 
substances and exceptions to the phase-out. Section 604(a) requires EPA 
to promulgate regulations implementing the phase-out schedule for Class 
I substances set forth in the CAA. The Section 604 phaseout date for 
most Class I substances is January 1, 2000; however, under Section 
602(d), EPA may establish a later phaseout date for a newly listed 
substance if the Section 604 phaseout date is unattainable, considering 
when the substance is listed.
    Section 614(b) requires that Title VI of the CAAA be ``construed, 
interpreted, and applied as a supplement to the terms and conditions of 
the Montreal Protocol, * * *, and shall not be construed, interpreted, 
or applied to abrogate the responsibilities of the United States to 
implement fully the provisions of the Montreal Protocol.'' Section 
614(b) requires that in the case

[[Page 65921]]

of any conflict ``between any provision of this title and any provision 
of the Montreal Protocol, the more stringent provision shall govern.'' 
Thus, today's proposed actions list CBM and put in place the phaseout 
controls consistent with the Montreal Protocol.

B. Specific Elements of Today's Proposed Action

1. Listing CBM and Controls
    Today's proposed action would create a new Group (Group VIII) of 
class I substances, place CBM in this new Group, and assign CBM an ODP 
of 0.12. Today's proposed action would establish a full ban on CBM 
production and import. This ban would not apply to the production or 
import of CBM that is subsequently transformed or destroyed, or to 
imports of transhipments or heels (see Section I). No interim phasedown 
levels are proposed; that is, production and import are unrestricted 
until the effective date of the ban. It should be noted that EPA is not 
proposing baseline allowances for CBM and therefore will not at this 
time collect information on baseline production and consumption of CBM.
    Today's action does not propose production for the ``basic domestic 
needs'' of Article 5 countries for reasons described in Section III B 
of this Preamble. After the total phaseout of CBM production and 
import, EPA anticipates that the Parties to the Protocol may authorize 
inclusion of CBM in the exemption for laboratory and analytical uses, 
described in greater detail in Section IV.B.2 of this Preamble. EPA is 
proposing reporting and recordkeeping requirements for persons who 
produce, import, destroy, transform, tranship, or export CBM, as well 
as for CBM authorized for essential uses. In addition, EPA is proposing 
that persons wishing to import used, recycled or reclaimed CBM must 
comply with the petition process described in 40 CFR 82.4(j) and 
82.13(g)(2), (3) and (4).
    EPA is proposing that the effective date for all of today's 
proposed actions would be 30 days from the date of publication of the 
final rule in the Federal Register. Under Section 604(b) of the CAA, 
unless otherwise stated, the phaseout date for Class I substances is 
January 1, 2000. However, pursuant to Section 602(d), EPA may establish 
a later phaseout date for a newly listed substance if the Section 
604(b) date is unattainable. Because the January 1, 2000 phaseout date 
is in the past, it is obviously unattainable. Therefore, EPA is 
proposing to establish a later phaseout date linked to the publication 
date of the final rule.
    Today's proposed effective date takes into consideration that the 
Beijing Amendments entered-into-force under the Protocol on February 
25, 2002, for Parties that have ratified the amendment package. The 
U.S. Senate gave their advice and consent to the ratification of the 
Beijing Amendment package on October 9, 2002, but the U.S. must still 
officially deposit its instrument of ratification with the United 
Nations. Ninety days following the date the U.S. officially deposits 
the instrument of ratification for the Beijing Amendment package, the 
U.S. assumes obligations to comply with the provisions of the Beijing 
Amendment. Thus, EPA needs to have put in place (prior to the deposit 
of the instrument of ratification) final regulatory programs that will 
implement and ensure U.S. compliance with the provisions of the Beijing 
Amendment package.
2. Ban on Trade With Non-Parties
    Today's action also proposes to prohibit CBM import from and export 
to a foreign state that is not a Party to the 1999 Beijing Amendments 
to the Protocol. In accordance with previously established provisions 
under the Protocol, current EPA regulations (60 FR 24970; 40 CFR 
82.4(l)) prohibit certain class I controlled substances from export to 
or import from foreign states not Parties to the Montreal Protocol or 
specific amendment packages to the Protocol (e.g., the London 
Amendments).
    With today's action, EPA is proposing adding a new subparagraph, 
Sec.  82.4(l)(5) regarding a CBM trade ban that would become effective 
30 days after the date of publication of the final rule in the Federal 
Register. However, in going forward with today's proposal, EPA wishes 
to note that it is also considering alternative dates for making the 
trade ban effective. EPA is also considering an effective date 
immediately upon publication of the final rule. This other approach is 
being considered because under the Protocol, the CBM trade ban will go 
into effect one year from entry-into-force of the Beijing Amendments. 
Since the Beijing Amendments entered-into-force on February 25, 2002, 
the effective date of the trade ban for those countries that have 
ratified the Amendments would be February 25, 2003. An effective date 
for the trade ban for the U.S. could therefore be on or after this 2003 
date.
    The U.S. Senate gave their advice and consent to the ratification 
of the Beijing Amendment package on October 9, 2002, but the U.S. must 
still officially deposit its instrument of ratification with the United 
Nations. Ninety days following the date the U.S. officially deposits 
the instrument of ratification for the Beijing Amendment package, the 
U.S. assumes obligations to comply with the provisions of the Beijing 
Amendment. Thus, EPA needs to have put in place (prior to the deposit 
of the instrument of ratification) final regulatory programs that will 
implement and ensure U.S. compliance with the provisions of the Beijing 
Amendment (including the trade ban on CBM).
    A revised list of Parties that have ratified the Montreal Protocol 
and successive amendments to the Protocol is published as Annex 1 in 
Appendix C to Subpart A with today's proposed action. For the purposes 
of the trade ban proposed in today's action, companies should refer to 
Appendix C to Subpart A of Part 82 to identify nations that have not 
yet ratified the Beijing Amendments, although this list will likely 
change by the time a final rule is published. CBM imports from or 
exports to these nations that have not ratified the Beijing Amendments 
would be prohibited. EPA will publish notices on a periodic basis to 
update this list (Appendix C) to reflect when Parties ratify the 
Montreal Protocol and its amendments. For additional information on 
countries that have ratified the Protocol and its amendments, visit the 
website of the United Nations Environment Program (UNEP) Ozone 
Secretariat at www.unep.org/ozone/ and look for the ``Status of 
Ratification.''
3. Essential Use Exemptions
    Article 2I of the Montreal Protocol allows for the possibility of 
``essential use'' exemptions from the phaseout established for CBM. The 
Parties to the Protocol established a process in Decision IV/25 by 
which they can determine what uses of a controlled substance are 
considered ``essential uses.'' In contrast, the CAA delineates several 
specific exemptions under which uses of ODS may be considered to be 
exempt from the phaseout of ODSs. Thus, a use that is considered an 
``essential use'' under the Protocol, taking into account more recent 
decisions under the Protocol, may or may not be specifically exempt 
from the phaseout under the CAA. Section 614 of the CAA dictates that 
the more stringent provision should prevail when there is a conflict 
with the Protocol. In some instances the CAA may contain the more 
stringent provision.
    In 2001, EPA provided a de minimis exemption for essential 
laboratory uses of class I ODSs based on the criteria

[[Page 65922]]

listed in Appendix G of subpart A of 40 CFR part 82. Production and 
import of class I controlled substances for certain narrowly defined 
laboratory and analytical applications are exempt from the production 
and import phaseout (See 66 FR 14760 (3/13/01)). The criteria 
identifying exempt applications are specified in Appendix G to 40 CFR 
Part 82, Subpart A. Furthermore, the production and import of class I 
controlled substances for laboratory and analytical applications must 
be conducted in accordance with the recordkeeping and reporting 
requirements specified in 40 CFR 82.13(v) to (z) of Subpart A, which 
are summarized later in this Preamble.
    On February 11, 2002, EPA extended this exemption through the year 
2005, while eliminating the following uses, consistent with Decision 
XI/15: (1) Testing of oil, grease and total petroleum hydrocarbons in 
water; (b) Testing of tar in road-paving materials; and (c) Forensic 
finger-printing (67 FR 6352). However, it should be noted that the 
Parties to the Montreal Protocol have not extended the global 
laboratory and analytical essential-use exemption indefinitely. This 
issue is further discussed at 66 FR 14767 (3/13/01).
4. Recordkeeping and Reporting Requirements
    If EPA designates CBM as a class I ODS, existing recordkeeping and 
reporting requirements in 40 CFR 82.13 will apply to production, 
importation, destruction, transformation, transhipments, export, or 
essential uses of CBM. Potentially affected parties are urged to 
consult the relevant regulatory paragraphs in 40 CFR Part 82.13, 
Subpart A. In addition, guidance and reporting forms for these 
requirements are available from EPA's Stratospheric Ozone Hotline 
((800) 296-1996). Today's proposal to extend the existing recordkeeping 
and reporting requirements to CBM will not take effect until EPA's 
information collection request (ICR) has been finalized. This process 
is described in Section VII.E.
(a) Producers
    EPA is proposing that entities that produce CBM, as for other class 
I controlled substances, would submit a report to the EPA Administrator 
within 120 days of publication of the final rule, describing in detail 
how daily production quantities are measured and recorded, including 
how fugitive losses are accounted for and the estimated percent 
efficiency of production process. These entities would also maintain 
detailed records pertaining to (i) The quantity of controlled 
substances produced at each facility and the purposes for which they 
are produced, used, and sold, with certain written verifications; (ii) 
quantities of other chemicals produced within each facility and 
quantities of inputs used in the production of controlled substances; 
and (iii) shipments of controlled substances produced at each facility. 
These entities would, in addition, submit a quarterly report 
identifying quarterly production amounts and amounts sold, transferred, 
or exported (and specifying amounts transformed or destroyed by the 
producer or recipient), with appropriate verifications; and a list of 
the essential-use (including laboratory essential use) allowance 
holders from whom orders were placed and the quantity of essential-use 
controlled substances requested and produced, with appropriate 
verifications. See 40 CFR Part 82, Subpart A (Sec.  82.13) for the 
complete reporting and recordkeeping requirements.
(b) Importers
    According to EPA's existing requirements for ODSs, a person may 
import a used class I controlled substance if they comply with the 
petition process described in 40 CFR 82.4(j) and 82.13(g)(2),(3) and 
(4). Under the Protocol and the CAA, the import of ``used controlled 
substances'' does not count against a country's obligation to 
completely phase out import. Therefore, EPA is proposing that with the 
listing of CBM as a class I controlled substance, an importer of used, 
recycled, or reclaimed CBM would become subject to the requirements 
specified in these sections. Specifically, importers of used, recycled, 
or reclaimed controlled substances and transshipments would need to 
fulfill the import petition process.
    This process requires that for each individual shipment of greater 
than 150 lbs, at least 15 working days before the shipment leaves the 
foreign port of export, the importer must submit to EPA a petition 
including the identity and quantity of the controlled substance; 
information pertaining to the source, foreign owner, and exporter of 
the controlled substance, and information regarding the previous use 
and identity of foreign reclaimer; information on import port of entry, 
vessel, and dates of shipment; and the intended use of the controlled 
substance (40 CFR 82.13(g)(2) and (g)(3)).
    EPA is also proposing that entities that import CBM, would also be 
subject to the standard recordkeeping and reporting requirements for 
importers of class I substances. These include the requirement to 
maintain detailed records of the quantity of each controlled substance, 
including information and documentation pertaining to the amounts that 
may be in mixtures, that are used, recycled or reclaimed, that are for 
use or sold for use in processing resulting in their transformation or 
destruction, and that are imported for essential uses; and including 
documentation and/or certification relating to port of entry, country 
from which the substance was imported, bill of lading, the U.S. customs 
entry form, and intended use of the imported substance. Such entities 
must also submit to EPA a quarterly report summarizing the records 
described above and including certifications regarding the intended use 
of controlled substances (e.g., transformation, destruction, essential 
uses). In the case of imports of used (including recycled or reclaimed) 
controlled substances, or heels of controlled substances, bills of 
lading or invoices must be labeled, indicating that the controlled 
substance is used, recycled, reclaimed, or a heel, as appropriate. See 
40 CFR Part 82, Subpart A (Sec.  82.13) for complete reporting and 
recordkeeping requirements.
(c) Exporters
    EPA is proposing that exporters of CBM, as for other class I 
controlled substances, would submit information within 45 days after 
the end of the control period, including the names and addresses of the 
exporter and the recipient of the exports, the type and quantity of the 
controlled substances exported, percentage which is used, recycled, or 
reclaimed, date/port of export, amount exported to Article 5 countries, 
and documentation or certification relating to purchaser's or 
importer's intent to transform or destroy the controlled substance. 
Exporters of class I controlled substances must also label, in the case 
of exports of used (including recycled or reclaimed) controlled 
substance, bills of lading or invoices, indicating that the controlled 
substance is used, recycled, or reclaimed. See 40 CFR Part 82, Subpart 
A (Sec.  82.13) for the complete reporting and recordkeeping 
requirements.
(d) Destroyers
    EPA is proposing that entities that destroy CBM, as with other 
class I controlled substances, would submit a one-time report stating 
the destruction unit's efficiency and the methods used to determine 
destruction efficiency and to record the volume destroyed. Changes to 
these methods must be

[[Page 65923]]

reported within 60 days of the change. The report must also include 
names of other regulations applicable to the destruction process. Such 
entities must also provide the producer or importer from whom they 
purchased or received the controlled substances with a verification 
that controlled substances will be used in processes that result in 
their destruction. Destroyers of class I controlled substances must 
also report the names and quantities of class I controlled substances 
destroyed for each control period within 45 days of the end of the 
control period. See 40 CFR Part 82, Subpart A (Sec.  82.13) for the 
complete reporting and recordkeeping requirements.
(e) Transformers
    EPA is proposing that entities that transform CBM, as for other 
class I controlled substances, would provide the producer or importer 
of the controlled substances the IRS certification that the controlled 
substances are to be used in processes resulting in their 
transformation, and report the names and quantities of class I 
controlled substances transformed for each control period within 45 
days of the end of the control period. See 40 CFR Part 82, Subpart A 
(Sec.  82.13) for the complete reporting and recordkeeping 
requirements.
(f) Transhipments, Heels, and Essential Uses
    EPA is proposing that entities that bring back a container with a 
heel of CBM to the United States would report quarterly the amount 
brought into the United States, certifying that the residual amount in 
each shipment is less than 10% of the volume of the container and will 
remain in the container and be included in a future shipment, be 
recovered and transformed or destroyed, or be recovered for a non-
emissive use. They would also have to report on the final disposition 
of each shipment within 45 days of the end of the control period. 
Entities that transship a controlled substance must maintain records 
that indicate that the controlled substance shipment originated in a 
foreign country destined for another foreign country, and does not 
enter interstate commerce with the United States. Entities that were 
allocated essential-use allowances and submitted an order to a producer 
or importer for a controlled substance must report the quarterly 
quantity received from each producer or importer. See 40 CFR Part 82, 
Subpart A (Sec.  82.13) for the complete reporting and recordkeeping 
requirements.
(g) Laboratory Essential Uses
    EPA is proposing that CBM to be used in laboratory applications be 
exempted from the ban in the same manner that all other Class I ODSs 
are exempted for laboratory uses. In addition, laboratory distributors 
who sell CBM under this exemption would be subject to the reporting 
requirements outlined in 40 CFR Part 82, Subpart A (Sec.  82.13). These 
reporting requirements are as follows: Laboratory distributors/
suppliers must report quarterly the quantity received of each class I 
controlled substance from each producer or importer. Distributors must 
also keep on record certifications from customers who purchase CBM (or 
any Class I ODS) stating that the CBM will only be used in laboratory 
applications defined in 40 CFR Part 82, Subpart A (Sec.  82.13), 
Appendix G. (Laboratory customers purchasing a controlled substance 
under the global laboratory essential-use exemption must provide the 
producer, importer or distributor with a one-time-per-year 
certification for each controlled substance that the substance will 
only be used for laboratory applications and not be resold or used in 
manufacturing). Distributors must report quarterly the quantity of the 
controlled substance purchased by each laboratory customer. If the 
controlled substances are only sold as reference standards for 
calibrating laboratory analytical equipment, the distributor may write 
a letter to the EPA Administrator requesting permission to submit these 
reports annually rather than quarterly. See 40 CFR Part 82, Subpart A 
(Sec.  82.13) for complete reporting and recordkeeping requirements.

V. What Other Stratospheric Protection Regulations Will Relate to CBM 
Following Today's Proposed Action?

    A regulation originally published on February 11, 1993 (58 FR 8136) 
and amended at 60 FR 4020 (January 19, 1995) establishes requirements 
pertaining to labeling of products containing or made with ozone-
depleting substances. The text of that regulation (as well as Fact 
Sheets about it) can be found at the following Web site: http://www.epa.gov/ozone/title6/labeling/labeling.html. The labeling 
requirements apply to products manufactured with, containers of, and 
products containing specific ozone-depleting substances pursuant to 
section 611of the CAAA. Specifically, the regulations require products 
that are manufactured with a process using a class I substance; 
products containing a class I substance; and containers of a class I or 
class II (hydrochlorofluorocarbons (HCFCs)) substance or mixture to 
bear a ``clearly legible and conspicuous'' warning statement. 
Manufacturers, distributors, wholesalers, and retailers of products 
manufactured with, containers of, and products containing CBM would 
therefore be required to comply with the labeling requirements which 
would become applicable to CBM one year after its final listing as a 
class I ODS; See 40 CFR Part 82, Subpart E.

VI. What Are the Supporting Analyses?

A. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector.
    Under section 202 of the UMRA, EPA generally must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with ``Federal mandates'' that may result in expenditures to 
State, local, and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any one year. Before 
promulgating an EPA rule for which a written statement is needed, 
section 205 of the UMRA generally requires EPA to identify and consider 
a reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Section 204 of the UMRA requires the 
Agency to develop a process to allow elected State, local, and tribal 
government officials to provide input in the development of any 
proposal containing a significant Federal intergovernmental mandate.
    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising

[[Page 65924]]

small governments on compliance with the regulatory requirements.
    EPA has determined that this proposed rule 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. Today's proposed ban on production and 
import is expected to have minimal economic impact because production 
and import for feedstock uses (which represent the majority of current 
production and import uses) are exempt from the ban. Furthermore, CBM 
use has been largely curtailed by prior environmental and safety 
regulations in the fire protection, explosion suppression, and solvent 
sectors. Therefore the proposed ban of CBM is not expected to 
significantly affect the regulated community.
    Based upon research and information available to EPA at this time, 
EPA understands that the regulated community directly impacted by 
today's proposed action is restricted in size. Potentially regulated 
entities include entities that produce, export, or import CBM; entities 
that use CBM in a process that results in its transformation or 
destruction; entities that are laboratory suppliers of CBM; and 
entities with laboratory uses of CBM. For all of these entities, there 
would be new recordkeeping and reporting requirements imposed by 
today's proposed action, but these are estimated to be minimal 
(approximately a total for the industry of $200,000 per year; see 
VII.B. for explanation of this estimate).
    Thus, today's proposed rule is not subject to the requirements of 
sections 202 or 205 of the UMRA. EPA has also determined that this 
proposed rule contains no regulatory requirements that are expected to 
significantly or uniquely affect small governments; therefore, we are 
not required to develop a plan with regard to small governments under 
section 203. Finally, because this proposed rule does not contain a 
significant intergovernmental mandate, the Agency is not required to 
develop a process to obtain input from elected State, local, and tribal 
officials under section 204.

B. Regulatory Flexibility Act (RFA), as amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business that 
is identified by the Standard Industrial Classification (SIC) Code in 
the Table below; (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. The size standards described 
in this section apply to all Small Business Administration (SBA) 
programs unless otherwise specified. The size standards themselves are 
expressed either in number of employees or annual receipts in millions 
of dollars, unless otherwise specified. The number of employees or 
annual receipts indicates the maximum allowed for a concern and its 
affiliates to be considered small.

----------------------------------------------------------------------------------------------------------------
                                                                                                     SIC small
                                                                                                   business size
                                                                                                   standard (in
                            Category                                 SIC Code       NAICS Code       number of
                                                                                                   employees or
                                                                                                    millions of
                                                                                                     dollars)
----------------------------------------------------------------------------------------------------------------
1. Industrial organic chemicals, NEC............................            2869          325199           1,000
2. Pharmaceutical preparations..................................            2834          325412             750
3. Pesticides and agricultural chemicals, NEC...................            2879           32532             500
4. Chemicals and allied products, NEC...........................            5169           42269             100
5. Testing laboratories, except veterinary testing labs.........            8734           54138            $5.0
6. Medical and diagnostic laboratories..........................            8071            6215            $5.0
7. Research and development in the physical, engineering and          8731, 8733           54171            $5.0
 life sciences..................................................
----------------------------------------------------------------------------------------------------------------

    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this proposed action will not have a 
significant economic impact on a substantial number of small entities.
    Briefly, the following entities may potentially be affected by this 
regulation: entities that produce, export, or import CBM; entities that 
use CBM in a process that results in its transformation or destruction; 
entities that are laboratory suppliers of CBM; and entities with 
laboratory uses of CBM. For all these entities, there are new 
recordkeeping and reporting requirements imposed by today's proposed 
action. See the section entitled ``Paperwork Reduction Act.'' It is 
estimated that total recordkeeping and reporting requirements will cost 
approximately an industry-wide total of $200,000 for the universe of 
potentially regulated entities, consisting of approximately 130 
companies.
    In addition to recordkeeping and reporting requirements, today's 
proposed action bans the production and import of CBM. There are only 2 
known producers of CBM in the United States. These are large, 
multinational corporations and not small entities. In addition, 
informal discussions with these producers indicate that virtually all 
of their CBM production is for customers who transform CBM; this 
production is not subject to the CBM phaseout implemented by today's 
proposed action. Regarding import, EPA records indicate that during the 
years 1995-1999 (the years for which data were available), 22 companies 
had imported CBM during one or more years. Of these, 16 had imported 
CBM in only one of the 5 years of record. Informal discussions with the 
primary importer (responsible for 77% of the imported CBM) indicate 
that 80-85% of their imports are for transformation. Thus, the impacts 
of today's proposed action on CBM importers will also be limited 
(providing that import is from countries that are Parties to or in 
compliance with the Beijing Amendments). EPA sent letters on February 
28, 2001, and again on April 25, 2001, to all importers for which

[[Page 65925]]

addresses could be found, as well as others, notifying them of EPA's 
anticipated implementation of the 1999 Beijing Amendments to the 
Montreal Protocol, including the ban on production and import, and new 
recordkeeping and reporting requirements. To date, no adverse concern 
has been expressed by any small business recipient of the letter.
    Today's proposed action also bans trade in CBM with countries which 
are not Parties to or in compliance with the Beijing Amendments to the 
Montreal Protocol. EPA believes that this provision of today's proposed 
rule will not significantly impact the regulated community because 
extremely limited demand is believed to exist for non-feedstock 
purposes, as explained in earlier sections of this Preamble, and 
because it is expected that demand for CBM for feedstock purposes could 
potentially be met by domestic production.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA notes that it has 
conducted outreach to consult with and notify the potentially affected 
community of today's proposed action.

C. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this proposed regulatory action is 
``significant'' and therefore subject to OMB review and the 
requirements of the Executive Order. The Order defines a 
``significant'' regulatory action as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect in a material way the economy, 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 entitlements, 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.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this proposed rule is not a ``significant regulatory 
action'' and is therefore not subject to OMB review.

D. Applicability of Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (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.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it implements an obligation of 
the United States to implement fully the provisions of the Montreal 
Protocol and is not directly based on health or safety risks.

E. Paperwork Reduction Act

    The information collection requirements in this proposed rule will 
be submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document has been prepared by EPA 
(ICR No. 1432.22) and a copy may be obtained from Susan Auby by mail at 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460, by email at 
auby.susan @epa.gov, or by calling (202) 566-1672. A copy may also be 
downloaded off the Internet at http://www.epa.gov/icr. The information 
requirements are not enforceable until OMB has approved them.
    As explained in EPA's ICR document, EPA's Office of Air and 
Radiation is revising the previously approved information collection by 
the same title.\3\ Today's proposed action will impose new 
recordkeeping and reporting requirements associated with the 
production, import, export, recycling, destruction, transhipment, and 
feedstock use of CBM. Specifically, producers, importers, and exporters 
will be required to submit to EPA quarterly reports of the quantity of 
CBM in each of their transactions; they will also be required to report 
the quantity of CBM transformed or destroyed. Producers, importers, and 
exporters of CBM must also maintain records such as Customs entry 
forms, bills of lading, sales records, and canceled checks to support 
their quarterly reports. The quarterly reports may be faxed or mailed 
to EPA, where they will be handled as confidential business 
information. EPA will store the submitted information in a computerized 
database designed to track production, import, and export balances and 
transfer activities. EPA is currently exploring the possibility of 
having reports filled and submitted to the Agency over a secure Web 
site. If and when electronic reporting would occur, EPA would change 
its guidance document and its ICR to indicate a change in burden hours. 
EPA will use the information to ensure that the U.S. maintains 
compliance with the Protocol requirements and to report annually to 
United Nations Environment Programme the U.S. activity in CBM. EPA will 
store the submitted information in a computer system designed to track 
production, import, and export balances and transfer activities. EPA 
estimates that the information collection will involve approximately 
133 respondents: 2 producers, 2 exporters, 8 importers, 100 laboratory 
certifiers, 8 transformers and destroyers, 6 essential use allowance 
holders, 2 laboratory suppliers, and 5 laboratory suppliers (reference 
standards). The total annual industry burden and cost are estimated at 
2,580 hours and $201,350, of which $3,000 are annual operating and 
maintenance (O&M) costs.
---------------------------------------------------------------------------

    \3\ On March 5, 2001, the Office of Management and Budget (OMB) 
approved EPA's request for the extension of approval of this ICR. 
The request for extension was submitted by EPA on November 29, 2000. 
With that approval, OMB stated that it ``understands that EPA is in 
the process of developing several rules that would result in 
revisions to this collection * * * EPA will need to revise this 
collection as part of those rulemaking processes.'' This ICR 
revision is one such revision.
---------------------------------------------------------------------------

    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and

[[Page 65926]]

requirements; train personnel to be able to respond to a collection of 
information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15. Comments 
are requested on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including through the use of automated 
collection techniques. Send comments on the ICR to the Director, 
Collection Strategies Division; U.S. Environmental Protection Agency 
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street, NW., Washington, DC 20503, marked ``Attention: 
Desk Officer for EPA.'' Include the ICR number in any correspondence. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after October 29, 2002, a comment to OMB is best assured of 
having its full effect if OMB receives it by November 29, 2002.

F. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This proposed rule will not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132.
    Today's proposed rule is expected to primarily affect private 
sector entities that either produce, import, export, transform, or use 
or supply CBM for laboratory purposes. EPA is not aware of any current 
uses of CBM by public sector entities. Thus, the requirements of 
section 6 of the Executive Order do not apply to this proposed rule.

G. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175.
    Today's proposed rule is expected to primarily affect private 
sector entities that either produce, import, export, transform, or use 
or supply CBM for laboratory purposes. EPA is not aware of any current 
uses of CBM by tribal governments or their communities. Thus, Executive 
Order 13175 does not apply to this proposed rule. In the spirit of 
Executive Order 13175, and consistent with EPA policy to promote 
communications between EPA and tribal governments, EPA specifically 
solicits additional comment on this proposed rule from tribal 
officials.

H. The National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, Section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards. 
Today's proposed action does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

I. Executive Order 13211 (Energy Effects)

    This proposed rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use,'' (66 FR 28355 (5/22/01)) because it is 
not a significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 82

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

    Dated: October 18, 2002.
Christine Todd Whitman,
Administrator.
    For reasons set out in the preamble, 40 CFR Part 82 is proposed to 
be amended 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.

Subpart A--Production and Consumption Controls

    2. Section 82.3 is amended by:
    a. Adding in alphabetical order the definition of Beijing 
Amendments.
    b. Revising the last sentence in the definition of Controlled 
substance.
    The revision and addition read as follows:


Sec.  82.3  Definitions.

* * * * *
    Beijing Amendments means the Montreal Protocol, as amended at the 
Eleventh Meeting of the Parties to the Montreal Protocol in Beijing in 
1999.
* * * * *
    Controlled substance * * * Class I substances are further divided 
into eight groups, Group I, Group II, Group III, Group IV, Group V, 
Group VI, Group VII, and Group VIII, as set forth in appendix A to this 
subpart.
* * * * *
    3. Section 82.4 is amended by:
    a. Revising the first sentence of paragraph (b),
    b. Revising the first sentence of paragraph (d),

[[Page 65927]]

    c. Adding paragraph (l)(5).
    The revisions and addition read as follows:


Sec.  82.4  Prohibitions.

* * * * *
    (b) Effective January 1, 1996, for any class I, Group I, Group II, 
Group III, Group IV, Group V, or Group VII controlled substances, and 
effective January 1, 2005, for any class I, Group VI controlled 
substance, and effective [date 30 DAYS FROM PUBLICATION OF FINAL RULE 
IN Federal Register], for any class I, Group VIII controlled substance, 
no person may produce, at any time in any control period, (except that 
are transformed or destroyed domestically or by a person of another 
Party) in excess of the amount of conferred unexpended essential-use 
allowances or exemptions under this section, or the amount of 
unexpended Article 5 allowances as allocated under Sec.  82.9 for that 
substance held by that person under the authority of this subpart at 
that time for that control period. * * *
* * * * *
    (d) Effective January 1, 1996, for any class I, Group I, Group II, 
Group III, Group IV, Group V, or Group VII controlled substances, and 
effective January 1, 2005, for any class I, Group VI controlled 
substance, and effective [date 30 DAYS FROM PUBLICATION OF FINAL RULE 
IN Federal Register] for any class I, Group VIII controlled substance, 
no person may import (except for transhipments or heels), at any time 
in any control period, (except for controlled substances that are 
transformed or destroyed) in excess of the amount of unexpended 
essential-use allowances or exemptions as allocated under this section 
for that substance held by that person under the authority of this 
subpart at that time for that control period. * * *
* * * * *
    (l) * * *
    (5) Import or export any quantity of a controlled substance listed 
in Class I, Group VIII, in Appendix A to this subpart, from or to any 
foreign state not Party to the Beijing Amendments (as noted in Appendix 
C, Annex 1, to this subpart), unless that foreign state is complying 
with the Beijing Amendments (as noted in Appendix C, Annex 2, to this 
subpart).
* * * * *
    4. Section 82.13 is amended by:
    a. Revising paragraph (a).
    b. Revising paragraph (f)(1) introductory text.
    The revisions read as follows:


Sec.  82.13  Recordkeeping and reporting requirements.

    (a) Unless otherwise specified, the recordkeeping and reporting 
requirements set forth in this section take effect on January 1, 1995. 
For class I, Group VIII controlled substances, the recordkeeping and 
reporting requirements set forth in this section take effect on [date 
30 DAYS FROM PUBLICATION OF FINAL RULE IN THE Federal Register].
* * * * *
    (f) * * *
    (1) Within 120 days of May 10, 1995, or within 120 days of the date 
that a producer first produces a class I controlled substance, 
whichever is later, and within 120 days of [PUBLICATION OF FINAL RULE] 
for class I, Group VIII controlled substances, every producer who has 
not already done so must submit to the Administrator a report 
describing:
* * * * *
    5. Appendix A to Subpart A is amended by adding paragraph H. to 
read as follows:

Appendix A to Subpart A of Part 82--Class 1 Controlled Substances

------------------------------------------------------------------------
                Class 1 controlled substances                     ODP
------------------------------------------------------------------------
 
                                * * * * *
H. Group VIII:
  CH2BrCl (Chlorobromomethane)...............................       0.12
------------------------------------------------------------------------

    6. Appendix C to Subpart A is revised to read as follows:

Appendix C to Subpart A of Part 82--Parties to the Montreal Protocol, 
and Nations Complying With, But Not Parties To, The Protocol

Annex 1 to Appendix C of Subpart A--Parties to the Montreal Protocol 
(as of January 24, 2002)

    The check mark 
[[]] means the 
particular country ratified the Protocol or the specific Amendment 
package. Amendment packages are identified by the name of the city 
where the amendment package was negotiated and agreed. Updated lists 
of Parties to the Protocol and the Amendments can be located at: 
www.unep.org/ozone/ratif.shtml.

----------------------------------------------------------------------------------------------------------------
                                              Montreal       London      Copenhagen     Montreal       Beijing
               Foreign state                  protocol     amendments    amendments    amendments    amendments
----------------------------------------------------------------------------------------------------------------
Albania...................................      
Algeria...................................                    
Angola....................................      
Antigua and Barbuda.......................                           
Argentina.................................                           
Armenia...................................      
Australia.................................                           
Austria...................................                           
Azerbaijan................................                           
Bahamas...................................                    
Bahrain...................................                           
Bangladesh................................                           
Barbados..................................                    
Belarus...................................             
Belgium...................................                    
Belize....................................                    
Benin.....................................                    
Bolivia...................................                           
Bosnia and Herzegovina....................      
Botswana..................................                    
Brazil....................................                    
Brunei Darussalam.........................      
Bulgaria..................................                           
Burkina Faso..............................                    

[[Page 65928]]

 
Burundi...................................                                  
Cambodia..................................      
Cameroon..................................                    
Canada....................................                                  
Cape Verde................................                           
Central African Republic..................      
Chad......................................                           
Chile.....................................                                  
China.....................................             
Colombia..................................                    
Comoros...................................             
Congo.....................................                                  
Congo, Democratic Republic of.............                    
Costa Rica................................                    
Cote d'Ivoire.............................             
Croatia...................................                           
Cuba......................................                    
Cyprus....................................             
Czech Republic............................                                  
Denmark...................................                    
Djibouti..................................                           
Dominica..................................             
Dominican Republic........................                    
Ecuador...................................                    
Egypt.....................................                           
El Salvador...............................                           
Estonia...................................                    
Ethiopia..................................      
European Community........................                           
Federated States of Micronesia............                                  
Fiji......................................                    
Finland...................................                                  
France....................................                    
Gabon.....................................                                  
Gambia....................................             
Georgia...................................                           
Germany...................................                                  
Ghana.....................................                    
Greece....................................                    
Grenada...................................                           
Guatemala.................................                                  
Guinea....................................             
Guyana....................................                           
Haiti.....................................                           
Honduras..................................                    
Hungary...................................                           
Iceland...................................                           
India.....................................             
Indonesia.................................                    
Iran, Islamic.............................                           
Ireland...................................                    
Israel....................................                    
Italy.....................................                           
Jamaica...................................                    
Japan.....................................                    
Jordan....................................                                  
Kazakhstan................................             
Kenya.....................................                           
Kiribati..................................      
Korea, Democratic People's Republic of....                                  
Korea, Republic of........................                           
Kuwait....................................                    
Kyrgyzstan................................      
Lao, People's Democratic Republic.........      
Latvia....................................                    
Lebanon...................................                           
Lesotho...................................      
Liberia...................................                    
Libyan Arab Jamahiriya....................             
Liechtenstein.............................                    
Lithuania.................................                    

[[Page 65929]]

 
Luxembourg................................                                  
Madagascar................................                                  
Malawi....................................                    
Malaysia..................................                                  
Maldives..................................                           
Mali......................................             
Malta.....................................             
Marshall Islands..........................                    
Mauritania................................      
Mauritius.................................                    
Mexico....................................                    
Moldova...................................                    
Monaco....................................                           
Mongolia..................................                    
Morocco...................................                    
Mozambique................................                    
Myanmar...................................             
Namibia...................................             
Nauru.....................................      
Nepal.....................................             
Netherlands...............................                                  
New Zealand...............................                                  
Nicaragua.................................                    
Niger.....................................                           
Nigeria...................................                           
Norway....................................                                  
Oman......................................                    
Pakistan..................................                    
Palau.....................................                                  
Panama....................................                           
Papua New Guinea..........................             
Paraguay..................................                           
Peru......................................                    
Philippines...............................                    
Poland....................................                           
Portugal..................................                    
Qatar.....................................                    
Romania...................................                           
Russian Federation........................             
Rwanda....................................      
Saint Kitts & Nevis.......................                           
Saint Lucia...............................                                  
Saint Vincent and the Grenadines..........                    
Samoa.....................................                                  
Sao Tome and Principe.....................                                  
Saudi Arabia..............................                    
Senegal...................................                           
Seychelles................................                    
Sierra Leone..............................                                  
Singapore.................................                           
Slovakia..................................                           
Slovenia..................................                           
Solomon Island............................                           
Somalia...................................                                  
South Africa..............................                    
Spain.....................................                           
Sri Lanka.................................                           
Sudan.....................................                    
Suriname..................................      
Swaziland.................................      
Sweden....................................                           
Switzerland...............................                    
Syrian Arab Republic......................                           
Tajikistan................................             
Tanzania, United Republic of..............             
Thailand..................................                    
The Former Yugoslav Republic of Macedonia.                           
Togo......................................                                  
Tonga.....................................      
Trinidad and Tobago.......................                           
Tunisia...................................                           

[[Page 65930]]

 
Turkey....................................                    
Turkmenistan..............................             
Tuvalu....................................                           
Uganda....................................                           
Ukraine...................................             
United Arab Emirates......................      
United Kingdom............................                                  
United States of America..................                    
Uruguay...................................                           
Uzbekistan................................                    
Vanuatu...................................                    
Venezuela.................................                    
Viet Nam..................................                    
Yemen.....................................                           
Yugoslavia................................      
Zambia....................................             
Zimbabwe..................................                    
----------------------------------------------------------------------------------------------------------------

Annex 2 to Appendix C of Subpart A--Nations Complying With, But Not 
Parties To, the Protocol [Reserved]

    7. Appendix F. to Subpart A. is amended by:
    a. Removing entries F. and G.
    b. Under A. Class I: by adding entries 6, 7, and 8.
    The additions read as follows:

Appendix F to Subpart A--Listing of Ozone Depleting Chemicals

----------------------------------------------------------------------------------------------------------------
             Controlled Substance                  ODP        AT L                  CLP                   BLP
----------------------------------------------------------------------------------------------------------------
A. Class I
 
                                                    * * * * *
6. Group VI:
    CH3Br-Bromomethane (Methyl Bromide)......         0.7  ..........  [reserved]...................
7. Group VII:
    CHFBr2-..................................        1.00  ..........  [reserved]...................
    CHF2Br-(HBFC-22B1).......................        0.74  ..........  [reserved]...................
    CH2FBr...................................        0.73  ..........  [reserved]...................
    C2HFBr4..................................     0.3-0.8  ..........  [reserved]...................
    C2HF2Br3.................................     0.5-1.8  ..........  [reserved]...................
    C2HF3Br2.................................      0.4-16  ..........  [reserved]...................
    C2HF4Br..................................     0.7-1.2  ..........  [reserved]...................
    C2H2FBr3.................................     0.1-1.1  ..........  [reserved]...................
    C2H2F2Br2................................     0.2-1.5  ..........  [reserved]...................
    C2H2F3Br.................................     0.7-1.6  ..........  [reserved]...................
    C2H3FBr2.................................     0.1-1.7  ..........  [reserved]...................
    C2H3F2Br.................................     0.2-1.1  ..........  [reserved]...................
    C2H4FBr..................................    0.07-0.1  ..........  [reserved]...................
    C3HFBr6..................................     0.3-1.5  ..........  [reserved]...................
    C3HF2Br5.................................     0.2-1.9  ..........  [reserved]...................
    C3HF3Br4.................................     0.3-1.8  ..........  [reserved]...................
    C3HF4Br3.................................     0.5-2.2  ..........  [reserved]...................
    C3HF5Br2.................................     0.9-2.0  ..........  [reserved]...................
    C3HF6Br..................................     0.7-3.3  ..........  [reserved]...................
    C3H2FBr5.................................     0.1-1.9  ..........  [reserved]...................
    C3H2F2Br4................................     0.2-2.1  ..........  [reserved]...................
    C3H2F3Br3................................     0.2-5.6  ..........  [reserved]...................
    C3H2F4Br2................................     0.3-7.5  ..........  [reserved]...................
    C3H2F5Br.................................     0.9-1.4  ..........  [reserved]...................
    C3H3FBR4.................................    0.08-1.9  ..........  [reserved]...................
    C3H3F2Br3................................     0.1-3.1  ..........  [reserved]...................
    C3H3F3Br2................................     0.1-2.5  ..........  [reserved]...................
    C3H3F4Br.................................     0.3-4.4  ..........  [reserved]...................
    C3H4FBr3.................................    0.03-0.3  ..........  [reserved]...................
    C3H4F2Br2................................     0.1-1.0  ..........  [reserved]...................
    C3H4F3Br.................................    0.07-0.8  ..........  [reserved]...................
    C3H5FBr2.................................    0.04-0.4  ..........  [reserved]...................
    C3H5F2Br.................................    0.07-0.8  ..........  [reserved]...................
    C3H6FB...................................    0.02-0.7  ..........  [reserved]...................
8. Group VIII:
    CH2BrCl (Chlorobromomethane).............        0.12  ..........  [reserved]...................
----------------------------------------------------------------------------------------------------------------


[[Page 65931]]

[FR Doc. 02-27340 Filed 10-28-02; 8:45 am]
BILLING CODE 6560-50-P