[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42884-42895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18154]



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Part IV





Environmental Protection Agency





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40 CFR Part 82



Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane 
Production and Consumption; Final Rule

  Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003 / Rules 
and Regulations  

[[Page 42884]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-7529-4]
RIN 2060-AJ27


Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane 
Production and Consumption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In accordance with the Montreal Protocol on Substances that 
Deplete the Ozone Layer (Protocol), EPA is adding chlorobromomethane 
(CBM) to the list of substances subject to production and consumption 
controls under the Clean Air Act (CAA) and EPA's implementing 
regulations. Today's action creates a new Group (Group VIII) of class I 
substances for CBM, and designates the value of CBM's ``ozone depleting 
potential'' (ODP) as 0.12. In accordance with the Protocol, today's 
action will phase out CBM production and consumption upon publication 
of this rule with permitted exemptions. Today's action also restricts 
trade in CBM with countries who are not Parties to the Beijing 
Amendments to the Protocol. EPA received no comments on the Notice of 
Proposed Rulemaking (NPRM) during the comment period between October 
29, 2002 and November 29, 2002.

DATES: This rule is effective on August 18, 2003.

ADDRESSES: Materials relevant to this rulemaking are contained in 
Public Docket No. A-92-13, Section XII. The docket is located at U.S. 
Environmental Protection Agency, EPA West (Air Docket), 1301 
Constitution Avenue, NW., Room: B108, Mail Code 6102T, Washington, DC 
20004. The materials may be inspected from 8 am until 5:30 pm, Monday 
through Friday. The telephone number is (202) 566-1742. The fax number 
is (202) 566-1741. The docket may charge a reasonable fee for copying 
docket materials.

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]. 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 amendments to the 
production and import controls for ozone-depleting substances (ODS). 
The 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 action 
include:

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                                                                             Examples of potentially  regulated
             Category                         SIC                NAICS                    entities
----------------------------------------------------------------------------------------------------------------
1. Industrial organic chemicals,   2869.....................       325199  Producers, importers, or exporters of
 NEC.                                                                       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,  5169.....................        42269  Lab suppliers of CBM.
 NEC.
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     8731.....................        54171  Lab users of CBM.
 the physical, engineering and     and 8733.................
 life sciences.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this 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 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 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 Action and How Are They 
Used?
III. What Are the Elements of the International Agreement To 
Regulate CBM?
IV. What New U.S. Requirements Will Today's Action Impose?
    A. Legal Authority
    B. Specific Elements of Today's Action
    1. Listing CBM and Controls
    2. Ban on Trade With Non-Parties
    3. Laboratory Essential Use Exemption
    4. Process Agents
    5. Recordkeeping and Reporting Requirements
    (a) Producers
    (b) Importers
    (c) Exporters
    (d) Destroyers
    (e) Transformers
    (f) Transhipments and Heels
    (g) Laboratory Essential Uses
V. What Other Stratospheric Protection Regulations Will Relate to 
CBM Following Today's Action?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health & Safety Risks
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

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

    In response to the body of evidence linking chlorofluorocarbons 
(CFCs) 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

[[Page 42885]]

Layer (``Montreal Protocol'' or ``Protocol'') was signed by the United 
States and ratified on April 4, 1988. The Protocol establishes controls 
on the production and consumption of ozone depleting chemicals.
    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).
    The Clean Air Act Amendments of 1990 direct the 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 subpart A to 
40 CFR part 82 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).
    Although the regulations phased out the production and consumption 
of class I, Group II substances (halons) on January 1, 1994, and all 
other class I controlled substances (except methyl bromide) on January 
1, 1996, a very limited number of exemptions exist, consistent with 
U.S. obligations under the Protocol. The regulations allow for the 
manufacture of phased-out class I controlled substances, provided the 
substances are either transformed, or destroyed (40 CFR 82.4(b)). They 
also allow limited manufacture if the substances are (1) exported to 
countries operating under Article 5 of the Protocol or (2) produced for 
essential uses as authorized by the Protocol and the regulations.
    Limited exceptions to the ban on the import of phased-out class I 
controlled substances also 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 Action and How Are They 
Used?

    Today's 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. The Parties to the 
Montreal Protocol designated the ozone-depleting potential 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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    The uses of CBM are described in the NPRM published in the Federal 
Register on October 29, 2002 (67 FR 65916).

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

    The NPRM (67 FR 65916, 10/29/02) discussed the Parties' preliminary 
consideration of CBM as an ozone depleting substance as well as the 
provisions adopted at the Parties' meeting in Beijing in 1999.

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

A. Legal Authority

    Several provisions of the CAA provide the legal authority for 
today's 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(a) also requires the listing of new substances, 
pursuant to subsection 602(c), that have an ozone-depleting potential 
of 0.2 or greater. 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. 
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 CAA 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 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 actions list CBM 
and put in place the phaseout controls consistent with the Montreal 
Protocol.

B. Specific Elements of Today's Action

    EPA received no comments in response to the actions proposed in the 
NPRM (67 FR 65916, 10/29/02). Therefore, EPA is finalizing these 
actions as they were proposed.
    The effective date for all of today's actions will be 30 days from 
the date of publication of today's rule in the

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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 unattainable. Therefore, EPA is establishing a later phaseout 
date linked to the publication date of the final rule.
    Today's 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.
1. Listing CBM and Controls
    Today's action creates a new Group (Group VIII) of class I 
substances, places CBM in this new Group, and assigns CBM an ODP of 
0.12. Today's action establishes a full ban on CBM production and 
import. This ban does 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). There are no interim phasedown 
levels; that is, production and import are unrestricted until 30 days 
after publication of this rule.
    Today's action does not allow production for the ``basic domestic 
needs'' of Article 5 countries for reasons described in section III B 
of the NPRM (67 FR 65916, 10/29/02).
    If there is a need for CBM for laboratory and analytical uses after 
the phaseout, a framework exists to allow the inclusion of CBM in the 
production and import exemption for laboratory and analytical uses, 
described in greater detail in section IV.B.3 of this Preamble.
2. Ban on Trade with Non-Parties
    Today's action also prohibits 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 adding a new subparagraph, Sec.  82.4(l)(5) 
regarding a CBM trade ban that will become effective 30 days after the 
date of publication of today's rule in the Federal Register.
    A 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 final action. For the purposes of 
the trade ban 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. CBM imports from or exports to these nations 
that have not ratified the Beijing Amendments are 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. Laboratory Essential Use Exemption
    Article 21 of the Montreal Protocol allows for the possibility of 
``essential use'' exemptions from the phaseout established for CBM. The 
Parties have set up a framework for exempting phased out ozone-
depleting substances for laboratory and analytical uses under the 
context of the essential use exemption. EPA has also provided a de 
minimis exemption for essential laboratory uses of class I ODSs. The 
criteria identifying exempt applications are specified in appendix G to 
40 CFR part 82, subpart A.
    The existing framework for exempting laboratory and analytical uses 
is found in the criteria listed in appendix G of subpart A of 40 CFR 
part 82. Entities wishing to use the exemption for laboratory and 
analytical uses for CBM should refer to this criteria, which include 
purity standards, containment requirements, and recycling and disposal 
requirements for the substance. No prior approval is needed to use the 
exemption for continued production and import of CBM, as long as the 
criteria listed in appendix G of subpart A of 40 CFR part 82 are met 
and the recordkeeping and reporting requirements specified in 40 CFR 
82.13 (v) to (z) of subpart A, which are summarized later in this 
Preamble, are followed. For further information about the essential use 
exemption, you may refer to the NPRM (67 FR 65916, 10/29/02).
    On February 11, 2002, EPA extended the exemption for laboratory and 
analytical uses through the year 2005, while eliminating the following 
uses, consistent with Decision XI/15: (a) 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. Process Agents
    Controlled substances produced or imported as process agents are 
listed in table A of Decision X/14 of the Meetings of the Parties to 
the Montreal Protocol. 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.
    In advance of publication of the NPRM (67 FR 65916, 10/29/02), 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. Based on information in this letter, 
EPA determined this company's use of CBM to be exempt from restrictions 
on controlled substances in 40 CFR part 82, subpart A. EPA submitted a 
request to the Parties to the Protocol 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. The TEAP considered this U.S. request regarding the process 
agent use of CBM and recommended to the Parties its inclusion in Table 
A of Decision X/14. The Parties are expected to act on the U.S. request 
during their meeting in the fall of 2003.

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5. Recordkeeping and Reporting Requirements
    With the designation of 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 82.13, 
subpart A. In addition, guidance and reporting forms for these 
requirements are available from EPA's Stratospheric Ozone Hotline 
((800) 296-1996).
    (a) Producers
    Entities that produce CBM, as for other class I controlled 
substances, must submit a report to the EPA Administrator within 120 
days of publication of this 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 the 
production process. These entities must 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 must, 
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), 40 CFR 82.13(g)(2), and 
(3), and the revisions to this process published in a final rule in the 
Federal Register on December 31, 2002 (67 FR 79861), entitled 
``Protection of Stratospheric Ozone: Additional Reconsideration of 
Petition Criteria and Incorporation of Montreal Protocol Decisions.'' 
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, with the listing of CBM as a 
class I controlled substance, an importer of used, recycled, or 
reclaimed CBM is 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.
    The revised petition process for Class I substances (67 FR 79861, 
12/31/02) now requires that for each individual shipment of greater 
than five lbs, at least 40 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, information regarding the previous use and 
identity of any domestic or foreign reclaimer; information on the 
equipment from which the substance was recovered at each source, 
information on import port of entry, vessel, and dates of shipment; the 
intended use of the controlled substance, an export license from the 
appropriate government agency in the country of export, and 
certification of the accuracy of the information included in the 
petition.
    Entities that import CBM are also 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
    Exporters of CBM, as for other class I controlled substances, must 
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
    Entities that destroy CBM, as with other class I controlled 
substances, must 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 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
    Entities that transform CBM, as for other class I controlled 
substances, must 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

[[Page 42888]]

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 and Heels
    Entities that bring back a container with a heel of CBM to the 
United States must 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 
must also 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.
(g) Laboratory Essential Uses
    CBM that is to be used in laboratory applications is exempted from 
the ban in the same manner that all other Class I ODSs are exempted for 
laboratory uses. Laboratory distributors who sell CBM under this 
exemption are 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 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 611 of the CAA. 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 are 
therefore 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. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines 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.
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been 
approved by the Office of Management and Budget (OMB) (OMB Control 
Number 2060-0170) 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.
    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.\2\ Today's action imposes 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 filed and 
submitted to the Agency over a secure Web site. If

[[Page 42889]]

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.
---------------------------------------------------------------------------

    \2\ 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 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 
were 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. No comments were received.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities. For purposes of assessing 
the impact of today's rule on small entities, small entities are 
defined as: (1) A small business that is identified by the North 
American Industry Classification System (NAICS) 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,     2879...............................        32532             500
 NEC.
4. Chemicals and allied products, NEC.......  5169...............................        42269             100
5. Testing laboratories, except veterinary    8734...............................        54138              $5.0
 testing labs.
6. Medical and diagnostic laboratories......  8071...............................         6215              $5.0
7. Research and development in the physical,  8731 and 8733......................        54171              $5.0
 engineering and life sciences.
----------------------------------------------------------------------------------------------------------------

    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
The only small entities that will be impacted by the recordkeeping and 
reporting requirements of this rule are laboratories. We have 
determined that about 100 laboratories (only a portion of which are 
owned by small entities) will experience an annual estimated impact of 
$7,688 due to the reporting and recordkeeping requirements described in 
40 CFR part 82, subpart A (Sec.  82.13).
    In addition to the recordkeeping and reporting requirements, 
today's 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 
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 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).
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. Laboratories 
will only be required to certify purchases of CBM one time per year, in 
which they must indicate their use of CBM will only be used for 
laboratory or analytical purposes and identify the specific use to 
which the substance will be put. This requirement

[[Page 42890]]

is to ensure proper use of exempted production and import and allow the 
U.S. to report specific information to the Montreal Protocol under 
Annex II of Decision VI/9. EPA received no comment on the NPRM (67 FR 
65916, 10/29/02) regarding impact on laboratories.
    EPA conducted outreach to consult with and notified the potentially 
affected community of today's action. EPA sent letters on February 28, 
2001, and again on April 25, 2000, to all importers for which addresses 
could be found, as well as other identified entities that may be 
impacted by this rule, 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. EPA received no adverse concern by any 
recipient of the letters.

D. 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.
    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 
small governments on compliance with the regulatory requirements.
    EPA has determined that this 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 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 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 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 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 rule is not subject to the requirements of sections 
202 or 205 of the UMRA. EPA has also determined that this rule contains 
no regulatory requirements that might significantly or uniquely affect 
small governments; therefore, we are not required to develop a plan 
with regard to small governments under section 203.

E. 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 final 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 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, Executive Order 13132 does 
not apply to this rule.

F. 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 9, 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.''
    This final rule does not have tribal implications, as specified in 
Executive Order 13175. 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 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 rule.
    In the spirit of Executive Order 13175, and consistent with EPA 
policy to promote communications between EPA and tribal governments, 
EPA specifically solicited additional comment on this rule from tribal 
officials. No comments were received.

G. Executive Order 13045: Protection of Children From Environmental 
Health 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

[[Page 42891]]

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 final rule is not subject to the Executive Order because it is 
not economically significant as defined in Executive Order 12866, and 
because the Agency does not have reason to believe the environmental 
health or safety risks addressed by this action present a 
disproportionate risk to children. This rule 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.

H. Executive Order 13211: Action That Significanty Energy Supply, 
Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use,'' (66 FR 28355 (May 22, 2001)) because it is not 
a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law 
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. This action does not involve 
technical standards. Therefore, EPA did not consider the use of any 
voluntary consensus standards.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective October 16, 2003.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Exports, Government procurement, 
Imports, Labeling, Reporting and recordkeeping requirements .

    Dated: July 11, 2003.
Christine Todd Whitman,
Acting Administrator.


0
For reasons set out in the preamble, 40 CFR part 82 is amended as 
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
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

0
2. Section 82.3 is amended by:
0
a. Adding in alphabetical order the definition of Beijing Amendments.
0
b. Revising the last sentence in the definition of Controlled 
substances.
    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.
* * * * *

0
3. Section 82.4 is amended by:

0
a. Revising the first sentence of paragraph (b),
0
b. Revising the first sentence of paragraph (d),
0
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 August 18, 2003, 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 August 18, 2003, 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).
* * * * *

0
4. Section 82.13 is amended by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (f)(1) introductory text.
    The revisions read as follows:

[[Page 42892]]

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 August 
18, 2003.
* * * * *
    (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 July 18, 2003 for class I, 
Group VIII controlled substances, every producer who has not already 
done so must submit to the Administrator a report describing:
* * * * *

0
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

0
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 April 11, 2003)

    The check mark [[check]] 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      amendment    amendments    amendments    amendments
----------------------------------------------------------------------------------------------------------------
Albania...................................      [check]   ............  ............  ............  ............
Algeria...................................      [check]       [check]       [check]   ............  ............
Angola....................................      [check]   ............  ............  ............  ............
Antigua and Barbuda.......................      [check]       [check]       [check]       [check]   ............
Argentina.................................      [check]       [check]       [check]       [check]   ............
Armenia...................................      [check]   ............  ............  ............  ............
Australia.................................      [check]       [check]       [check]       [check]   ............
Austria...................................      [check]       [check]       [check]       [check]   ............
Azerbaijan................................      [check]       [check]       [check]       [check]   ............
Bahamas...................................      [check]       [check]       [check]   ............  ............
Bahrain...................................      [check]       [check]       [check]       [check]   ............
Bangladesh................................      [check]       [check]       [check]       [check]   ............
Barbados..................................      [check]       [check]       [check]       [check]       [check]
Belarus...................................      [check]       [check]   ............  ............  ............
Belgium...................................      [check]       [check]       [check]   ............  ............
Belize....................................      [check]       [check]       [check]   ............  ............
Benin.....................................      [check]       [check]       [check]   ............  ............
Bolivia...................................      [check]       [check]       [check]       [check]   ............
Bosnia and Herzegovina....................      [check]   ............  ............  ............  ............
Botswana..................................      [check]       [check]       [check]   ............  ............
Brazil....................................      [check]       [check]       [check]   ............  ............
Brunei Darussalam.........................      [check]   ............  ............  ............  ............
Bulgaria..................................      [check]       [check]       [check]       [check]       [check]
Burkina Faso..............................      [check]       [check]       [check]       [check]       [check]
Burundi...................................      [check]       [check]       [check]       [check]       [check]
Cambodia..................................      [check]   ............  ............  ............  ............
Cameroon..................................      [check]       [check]       [check]   ............  ............
Canada....................................      [check]       [check]       [check]       [check]       [check]
Cape Verde................................      [check]       [check]       [check]       [check]   ............
Central African Republic..................      [check]   ............  ............  ............  ............
Chad......................................      [check]       [check]       [check]       [check]   ............
Chile.....................................      [check]       [check]       [check]       [check]       [check]
China.....................................      [check]       [check]   ............  ............  ............
Colombia..................................      [check]       [check]       [check]   ............  ............
Comoros...................................      [check]       [check]       [check]       [check]       [check]
Congo.....................................      [check]       [check]       [check]       [check]       [check]
Congo, Democratic Republic of.............      [check]       [check]       [check]   ............  ............
Costa Rica................................      [check]       [check]       [check]   ............  ............
Cote d'Ivoire.............................      [check]       [check]   ............  ............  ............
Croatia...................................      [check]       [check]       [check]       [check]       [check]
Cuba......................................      [check]       [check]       [check]   ............  ............
Cyprus....................................      [check]       [check]   ............  ............  ............
Czech Republic............................      [check]       [check]       [check]       [check]       [check]
Denmark...................................      [check]       [check]       [check]   ............  ............
Djibouti..................................      [check]       [check]       [check]       [check]   ............
Dominica..................................      [check]       [check]   ............  ............  ............
Dominican Republic........................      [check]       [check]       [check]   ............  ............
Ecuador...................................      [check]       [check]       [check]   ............  ............
Egypt.....................................      [check]       [check]       [check]       [check]   ............
El Salvador...............................      [check]       [check]       [check]       [check]   ............
Equatorial Guinea.........................  ............  ............  ............  ............  ............
Estonia...................................      [check]       [check]       [check]       [check]   ............

[[Page 42893]]

 
Ethiopia..................................      [check]   ............  ............  ............  ............
European Community........................      [check]       [check]       [check]       [check]       [check]
Federated States of Micronesia............      [check]       [check]       [check]       [check]       [check]
Fiji......................................      [check]       [check]       [check]   ............  ............
Finland...................................      [check]       [check]       [check]       [check]       [check]
France....................................      [check]       [check]       [check]   ............  ............
Gabon.....................................      [check]       [check]       [check]       [check]       [check]
Gambia....................................      [check]       [check]   ............  ............  ............
Georgia...................................      [check]       [check]       [check]       [check]   ............
Germany...................................      [check]       [check]       [check]       [check]       [check]
Ghana.....................................      [check]       [check]       [check]   ............  ............
Greece....................................      [check]       [check]       [check]   ............  ............
Grenada...................................      [check]       [check]       [check]       [check]   ............
Guatemala.................................      [check]       [check]       [check]       [check]       [check]
Guinea....................................      [check]       [check]   ............  ............  ............
Guinea Bissau.............................      [check]       [check]       [check]       [check]       [check]
Guyana....................................      [check]       [check]       [check]       [check]   ............
Haiti.....................................      [check]       [check]       [check]       [check]   ............
Honduras..................................      [check]       [check]       [check]   ............  ............
Hungary...................................      [check]       [check]       [check]       [check]       [check]
Iceland...................................      [check]       [check]       [check]       [check]   ............
India.....................................      [check]       [check]       [check]       [check]       [check]
Indonesia.................................      [check]       [check]       [check]   ............  ............
Iran, Islamic.............................      [check]       [check]       [check]       [check]   ............
Ireland...................................      [check]       [check]       [check]   ............  ............
Israel....................................      [check]       [check]       [check]   ............  ............
Italy.....................................      [check]       [check]       [check]       [check]   ............
Jamaica...................................      [check]       [check]       [check]   ............  ............
Japan.....................................      [check]       [check]       [check]       [check]       [check]
Jordan....................................      [check]       [check]       [check]       [check]       [check]
Kazakhstan................................      [check]       [check]   ............  ............  ............
Kenya.....................................      [check]       [check]       [check]       [check]   ............
Kiribati..................................      [check]   ............  ............  ............  ............
Korea, Democratic People's Republic of....      [check]       [check]       [check]       [check]       [check]
Korea, Republic of........................      [check]       [check]       [check]       [check]   ............
Kuwait....................................      [check]       [check]       [check]   ............  ............
Kyrgyzstan................................      [check]   ............  ............  ............  ............
Lao, People's Democratic Republic.........      [check]   ............  ............  ............  ............
Latvia....................................      [check]       [check]       [check]       [check]   ............
Lebanon...................................      [check]       [check]       [check]       [check]   ............
Lesotho...................................      [check]   ............  ............  ............  ............
Liberia...................................      [check]       [check]       [check]   ............  ............
Libyan Arab Jamahiriya....................      [check]       [check]   ............  ............  ............
Liechtenstein.............................      [check]       [check]       [check]   ............  ............
Lithuania.................................      [check]       [check]       [check]   ............  ............
Luxembourg................................      [check]       [check]       [check]       [check]       [check]
Madagascar................................      [check]       [check]       [check]       [check]       [check]
Malawi....................................      [check]       [check]       [check]   ............  ............
Malaysia..................................      [check]       [check]       [check]       [check]       [check]
Maldives..................................      [check]       [check]       [check]       [check]       [check]
Mali......................................      [check]       [check]       [check]       [check]   ............
Malta.....................................      [check]       [check]   ............  ............  ............
Marshall Islands..........................      [check]       [check]       [check]       [check]   ............
Mauritania................................      [check]   ............  ............  ............  ............
Mauritius.................................      [check]       [check]       [check]       [check]       [check]
Mexico....................................      [check]       [check]       [check]   ............  ............
Moldova...................................      [check]       [check]       [check]   ............  ............
Monaco....................................      [check]       [check]       [check]       [check]       [check]
Mongolia..................................      [check]       [check]       [check]       [check]   ............
Morocco...................................      [check]       [check]       [check]   ............  ............
Mozambique................................      [check]       [check]       [check]   ............  ............
Myanmar...................................      [check]       [check]   ............  ............  ............
Namibia...................................      [check]       [check]   ............  ............  ............
Nauru.....................................      [check]   ............  ............  ............  ............
Nepal.....................................      [check]       [check]   ............  ............  ............
Netherlands...............................      [check]       [check]       [check]       [check]       [check]
New Zealand...............................      [check]       [check]       [check]       [check]       [check]
Nicaragua.................................      [check]       [check]       [check]   ............  ............
Niger.....................................      [check]       [check]       [check]       [check]   ............
Nigeria...................................      [check]       [check]       [check]       [check]   ............
Norway....................................      [check]       [check]       [check]       [check]       [check]
Oman......................................      [check]       [check]       [check]   ............  ............
Pakistan..................................      [check]       [check]       [check]   ............  ............

[[Page 42894]]

 
Palau.....................................      [check]       [check]       [check]       [check]       [check]
Panama....................................      [check]       [check]       [check]       [check]       [check]
Papua New Guinea..........................      [check]       [check]   ............  ............  ............
Paraguay..................................      [check]       [check]       [check]       [check]   ............
Peru......................................      [check]       [check]       [check]   ............  ............
Philippines...............................      [check]       [check]       [check]   ............  ............
Poland....................................      [check]       [check]       [check]       [check]   ............
Portugal..................................      [check]       [check]       [check]   ............  ............
Qatar.....................................      [check]       [check]       [check]   ............  ............
Romania...................................      [check]       [check]       [check]       [check]   ............
Russian Federation........................      [check]       [check]   ............  ............  ............
Rwanda....................................      [check]   ............  ............  ............  ............
Saint Kitts & Nevis.......................      [check]       [check]       [check]       [check]   ............
Saint Lucia...............................      [check]       [check]       [check]       [check]       [check]
Saint Vincent and the Grenadines..........      [check]       [check]       [check]   ............  ............
Samoa.....................................      [check]       [check]       [check]       [check]       [check]
Sao Tome and Principe.....................      [check]       [check]       [check]       [check]       [check]
Saudi Arabia..............................      [check]       [check]       [check]   ............  ............
Senegal...................................      [check]       [check]       [check]       [check]   ............
Seychelles................................      [check]       [check]       [check]       [check]       [check]
Sierra Leone..............................      [check]       [check]       [check]       [check]       [check]
Singapore.................................      [check]       [check]       [check]       [check]   ............
Slovakia..................................      [check]       [check]       [check]       [check]       [check]
Slovenia..................................      [check]       [check]       [check]       [check]       [check]
Solomon Island............................      [check]       [check]       [check]       [check]   ............
Somalia...................................      [check]       [check]       [check]       [check]       [check]
South Africa..............................      [check]       [check]       [check]   ............  ............
Spain.....................................      [check]       [check]       [check]       [check]       [check]
Sri Lanka.................................      [check]       [check]       [check]       [check]       [check]
Sudan.....................................      [check]       [check]       [check]   ............  ............
Suriname..................................      [check]   ............  ............  ............  ............
Swaziland.................................      [check]   ............  ............  ............  ............
Sweden....................................      [check]       [check]       [check]       [check]       [check]
Switzerland...............................      [check]       [check]       [check]       [check]       [check]
Syrian Arab Republic......................      [check]       [check]       [check]       [check]   ............
Tajikistan................................      [check]       [check]   ............  ............  ............
Tanzania, United Republic of..............      [check]       [check]       [check]       [check]       [check]
Thailand..................................      [check]       [check]       [check]   ............  ............
The Former Yugoslav Republic of Macedonia.      [check]       [check]       [check]       [check]       [check]
Togo......................................      [check]       [check]       [check]       [check]       [check]
Tonga.....................................      [check]   ............  ............  ............  ............
Trinidad and Tobago.......................      [check]       [check]       [check]       [check]   ............
Tunisia...................................      [check]       [check]       [check]       [check]   ............
Turkey....................................      [check]       [check]       [check]   ............  ............
Turkmenistan..............................      [check]       [check]   ............  ............  ............
Tuvalu....................................      [check]       [check]       [check]       [check]   ............
Uganda....................................      [check]       [check]       [check]       [check]   ............
Ukraine...................................      [check]       [check]       [check]   ............  ............
United Arab Emirates......................      [check]   ............  ............  ............  ............
United Kingdom............................      [check]       [check]       [check]       [check]       [check]
United States of America..................      [check]       [check]       [check]   ............  ............
Uruguay...................................      [check]       [check]       [check]       [check]   ............
Uzbekistan................................      [check]       [check]       [check]   ............  ............
Vanuatu...................................      [check]       [check]       [check]   ............  ............
Venezuela.................................      [check]       [check]       [check]       [check]   ............
Viet Nam..................................      [check]       [check]       [check]   ............  ............
Yemen.....................................      [check]       [check]       [check]       [check]   ............
Yugoslavia................................      [check]   ............  ............  ............  ............
Zambia....................................      [check]       [check]   ............  ............  ............
Zimbabwe..................................      [check]       [check]       [check]   ............  ............
----------------------------------------------------------------------------------------------------------------

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

0
7. Appendix F to subpart A is amended by:
0
a. Removing entries F and G,
0
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

[[Page 42895]]



----------------------------------------------------------------------------------------------------------------
            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]....................  .........
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-18154 Filed 7-17-03; 8:45 am]
BILLING CODE 6560-50-U