[Federal Register Volume 71, Number 139 (Thursday, July 20, 2006)]
[Proposed Rules]
[Pages 41192-41196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11531]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2003-0130; FRL-8200-1]
RIN 2060-AL90
Protection of Stratospheric Ozone: Minor Amendments to the
Regulations Implementing the Allowance System for Controlling HCFC
Production, Import and Export
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the current regulations governing
the production and trade of certain ozone-depleting substances to
address issues concerning the export of previously imported material,
heels, the exemption allowance petition process for HCFC-141b for
military and space vehicle applications, and the definition for
``importer.'' We are proposing these minor adjustments to our
regulations in response to requests from the regulated community, to
ensure equitable treatment of stakeholders, and to reduce burden where
the integrity of the requirements can still be sufficiently maintained.
These proposed amendments appear in the ``Rules and Regulations''
section of this Federal Register as a direct final rule.
DATES: Comments must be submitted by August 21, 2006, or by September
5, 2006 if a hearing is requested by July 31, 2006. If requested, a
hearing will be held on August 4, 2006 and the comment period will be
extended until September 5, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0130, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-566-1741.
Mail: Docket , Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, Mail Code:
6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: Docket EPA-HQ-OAR-2003-0130, Air
and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room
B108, Mail Code 6102T, Washington, DC 20460. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0130. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Cindy Axinn Newberg, EPA,
Stratospheric Protection Division, Office of Atmospheric Programs,
Office of Air and Radiation (6205J), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460, (202) 343-9729, [email protected].
SUPPLEMENTARY INFORMATION: (1) Under the Montreal Protocol on
Substances that Deplete the Ozone Layer (Protocol), as amended, the
U.S. and other industrialized countries that are Parties to the
Protocol have agreed to limit production and consumption of
hydrochlorofluorocarbons (HCFCs) and to phase out consumption in a
step-wise fashion over time, culminating in a complete phaseout in
2030. Title VI of the Clean Air Act Amendments of 1990 (CAAA)
authorizes EPA to promulgate regulations to manage the consumption and
production of HCFCs until the total phaseout in 2030. EPA promulgated
final regulations establishing an allowance tracking system for HCFCs
on January 21, 2003 (68 FR 2820). These regulations were amended on
June 17, 2004 (69 FR 34024) to ensure U.S. compliance with the Montreal
Protocol. Today's proposed action would amend aspects of the
regulations that relate to exports of previously imported material, the
import of HCFC heels, the HCFC-
[[Page 41193]]
141b exemption allowance petition process, and the definition of
``importer.'' We are proposing these minor adjustments to our
regulations in response to requests from the regulated community, to
ensure equitable treatment of stakeholders, and to reduce burden where
the integrity of the requirements can still be sufficiently maintained.
In the ``Rules and Regulations'' section of this Federal Register,
we are issuing these amendments as a direct final rule without prior
proposal because we view this as a non-controversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule. If we receive no
adverse comment, we will not take further action on this proposed rule.
If we receive adverse comment, we will withdraw the direct final rule,
or particular provisions of the rule, and the rule or the particular
provisions will not take effect. We would address all public comments
in any subsequent final rule based on this proposed rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
For further information, please see the information provided in the
direct final action that is located in the ``Rules and Regulations''
section of this Federal Register.
(2) Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Table of Contents
I. Regulated Entities
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act Regulatory Flexibility Act (RFA),
as Amended by the Small Business Regulatory Enforcement Fairness Act
of 1996 (SBREFA), 5 U.S.C. 601 et seq.
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 and Advancement Act
I. Regulated Entities
These minor amendments to the HCFC allowance allocation system
would affect the following categories:
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NAICS Examples of
Category code SIC code regulated entities
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Chlorofluorocarbon gas 325120 2869 Chlorodifluoromethan
manufacturing. e manufacturers;
Dichlorofluoroethan
e manufacturers
Chlorodifluoroethan
e manufacturers.
Chlorofluorocarbon gas 325120 2869 Chlorodifluorometha
importers. ne importers;
Dichlorofluoroethan
e importers;
Chlorodifluoroethan
e importers.
Chlorofluorocarbon gas 325120 2869 Chlorodifluoromethan
exporters. e exporters;
Dichlorofluoroethan
e exporters;
Chlorodifluoroethan
e exporters.
Polystyrene Foam Product 326140 3086 Plastics foam
Manufacturing. Products
(Polystyrene Foam
Products).
Urethane and Other Foam 326150 3086 Insulation and
Product (Except cushioning, foam
Polystyrene) Manufacturing. plastics (except
polystyrene)
manufacturing.
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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
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, or other entity is
regulated by this action, you should carefully examine these
regulations. If you have questions regarding the applicability of this
action to a particular entity, consult the person listed in the FOR
FURTHER INFORMATION CONTACT section.
II. 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 government 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 proposed rule is not a
``significant regulatory action'' within the meaning of the Executive
Order and is therefore not subject to OMB review.
[[Page 41194]]
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
Instead, this NPRM proposes to decrease the frequency of one specific
report and limit the range of types of containers subject to a specific
regulatory requirement. The Office of Management and Budget (OMB) has
previously approved the information collection requirements contained
in the existing regulations at 40 CFR part 82 subpart A under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0498 (EPA ICR No. 2014.02). A copy
of the OMB approved Information Collection Request (ICR) may be
obtained from the Collection Strategies Division; U.S. Environmental
Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC
20460 or by calling (202) 566-1672. 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 in 40 CFR are listed in 40 CFR part 9.
C. 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 Regulatory Flexibility Act (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 rule on small
entities, small entity is defined as: (1) A small business as defined
by the NAICS codes 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.
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NAICS small
business size
standard (in
Category NAICS code SIC code number of
employees or
millions of
dollars)
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1. Chemical and Allied Products, NEC............................ 424690 5169 100
2. Chlorofluorocarbon gas exporters............................. 325120 2869 100
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After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
This direct final rule will not impose any requirements on small
entities. None of the entities affected by this rule are considered
small as defined by the size standards listed above.
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
government 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 by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. If a written statement is required under section 202, 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, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Section 203 of the UMRA requires the Agency to establish a plan for
obtaining input from and informing, educating, and advising any small
governments that may be significantly or uniquely affected by the rule.
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.
EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
by State, local and tribal governments, in the aggregate, or by the
private sector, in any one year. The provisions in this proposed rule
fulfill the obligations of the United States under the international
treaty, The Montreal Protocol on Substances that Deplete the Ozone
Layer, as well as those requirements set forth by Congress in the Clean
Air Act. Viewed as a whole, all of these proposed amendments do not
create a Federal mandate resulting in costs of $100 million or more in
any one year for State, local and tribal governments, in the aggregate,
or for the private sector. Thus, this proposed rule is not subject to
the requirements of sections 202 and 205 of the UMRA. EPA has also
determined that this proposal contains no regulatory requirements that
might significantly or uniquely affect small governments; therefore,
EPA is not required to develop a plan with regard to small governments
under section 203. Finally, because this proposal 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.
[[Page 41195]]
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.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the regulation.
This proposed rule does 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 proposal is expected to
primarily affect producers, importers and exporters of HCFCs. Thus, the
requirements of section 6 of the Executive Order do not apply. In the
spirit of Executive Order 13132, and consistent with EPA policy to
promote communications between EPA and State and local governments, EPA
specifically solicits comment on this proposed rule from State and
local officials.
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 proposed rule does not
have tribal implications, as specified in Executive Order 13175. This
proposal does not significantly or uniquely affect the communities of
Indian tribal governments. It does not impose any enforceable duties on
communities of Indian tribal governments. Thus, Executive Order 13175
does not apply to this rule.
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
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. While this
proposal is not subject to the Executive Order because it is not
economically significant as defined in E.O. 12866, we nonetheless have
reason to believe that the environmental health or safety risk
addressed by this action may have a disproportionate effect on
children. Depletion of stratospheric ozone results in greater
transmission of the sun's ultraviolet (UV) radiation to the earth's
surface. The following studies describe the effects on children of
excessive exposure to UV radiation: (1) Westerdahl J, Olsson H, Ingvar
C. ``At what age do sunburn episodes play a crucial role for the
development of malignant melanoma,'' Eur J Cancer 1994: 30A: 1647-54;
(2) Elwood JM Japson J. ``Melanoma and sun exposure: an overview of
published studies,'' Int J Cancer 1997; 73:198-203; (3) Armstrong BK,
``Melanoma: childhood or lifelong sun exposure,'' In: Grobb JJ, Stern
RS Mackie RM, Weinstock WA, eds. ``Epidemiology, causes and prevention
of skin diseases,'' 1st ed. London, England: Blackwell Science, 1997:
63-6; (4) Whieman D., Green A. ``Melanoma and Sunburn,'' Cancer Causes
Control, 1994: 5:564-72; (5) Heenan, PJ. ``Does intermittent sun
exposure cause basal cell carcinoma? A case control study in Western
Australia,'' Int J Cancer 1995; 60: 489-94; (6) Gallagher, RP, Hill,
GB, Bajdik, CD, et al. ``Sunlight exposure, pigmentary factors, and
risk of nonmelanocytic skin cancer I, Basal cell carcinoma.'' Arch
Dermatol 1995; 131: 157-63; (7) Armstrong, DK. ``How sun exposure
causes skin cancer: an epidemiological perspective,'' Prevention of
Skin Cancer. 2004. 89-116. The public is invited to submit or identify
peer-reviewed studies and data, of which EPA may not be aware, that
assessed results of early life exposure to UV radiation.
This proposal concerns minor changes to the existing regulatory
regime for the class II controlled substances. Theses minor changes are
not expected to increase the impacts on children's health from
stratospheric ozone depletion.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not a ``significant energy action'' as
defined in 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. The National Technology Transfer and Advancement Act
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
proposed rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
[[Page 41196]]
List of Subjects in 40 CFR Part 82
Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Exports,
Hydrochlorofluorocarbons, Imports, Reporting and recordkeeping
requirements.
Dated: July 13, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-11531 Filed 7-19-06; 8:45 am]
BILLING CODE 6560-50-P