[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Proposed Rules]
[Pages 34676-34678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13754]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2008-0231; FRL-8582-7]
RIN 2060-AP18


Protection of Stratospheric Ozone: Revision of Refrigerant 
Recovery Only Equipment Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update motor vehicle refrigerant recovery only equipment standards. 
Under Clean Air Act Section 609, motor vehicle air-conditioning (MVAC) 
refrigerant handling equipment must be certified by the Administrator 
or an independent organization approved by the Administrator and, at a 
minimum, must be as stringent as the standards of the Society of 
Automotive Engineers (SAE) in effect as of the date of the enactment of 
the Clean Air Act Amendments of 1990. In 1997, EPA promulgated 
regulations that required the use of SAE Standard J1732, HFC-134a 
Recycling Equipment for Mobile Air Conditioning Systems for 
certification of MVAC refrigerant handling equipment. SAE has replaced 
Standard J1732 with J2810, HFC-134a Refrigerant Recovery Equipment for 
Mobile Air Conditioning Systems. EPA is updating its reference to the 
new SAE standard for MVAC refrigerant recovery equipment used for MVAC 
servicing and MVAC disposal. This action reflects a change in industry 
standard practice.

DATES: Written comments must be received by July 18, 2008. If anyone 
contacts us requesting a public hearing by June 30, 2008, the hearing 
will be held on July 3, 2008. If a public hearing is requested, the 
record for this action will remain open until August 4, 2008 to 
accommodate submittal of information related to the public hearing. For 
additional information on the public hearing, see the SUPPLEMENTARY 
INFORMATION section of this document.

ADDRESSES: Submit your comments, identified by Docket ID No EPA-HQ-OAR-
2008-0231, by mail to Environmental Protection Agency, Mailcode 6102T, 
EPA Docket Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460. Comments may also be submitted electronically or through hand 
delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric 
Protection Division, Office of Atmospheric Programs (MC 6205J), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 343-9464; fax number 
(202) 343-2363; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
this Federal Register, we are updating the existing motor vehicle 
refrigerant recovery only equipment standards, as a direct final rule 
without a prior proposed rule. If we receive no adverse comment, we 
will not take further action on this proposed rule. If a public hearing 
is held, it will be at EPA Headquarters in Washington, DC.

I. Why Is EPA Issuing This Proposed Rule?

    This document proposes to take action on motor vehicle air-
conditioning refrigerant recovery only equipment standards. We have 
published a direct final rule updating EPA's motor vehicle refrigerant 
recovery only equipment standards in the ``Rules and Regulations'' 
section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule and are not repeating those here.
    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 and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule. We do not intend to 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 
ADDRESSES section of this document.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The recordkeeping and reporting requirements included in this action 
are already included in an existing information collection burden. This 
action does not make any changes that would affect burden. However, the 
Office of Management and Budget (OMB) has previously approved the 
information collection requirements contained in the existing 
regulations, 40 CFR part 82, under the provisions of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control 
number 2060-0247. The OMB control numbers for EPA's regulations in 40 
CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    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 this proposed rule on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, we certify that this action will not have a significant 
economic impact

[[Page 34677]]

on a substantial number of small entities. The requirements of this 
proposed rule do not require an immediate replacement of existing 
equipment with equipment certified to the new SAE standard. Rather, 
MVAC service shop owners will purchase equipment certified to the new 
SAE standard to replace existing refrigerant handling equipment as it 
approaches the end of its life. We continue to be interested in the 
potential impacts of the proposed rule on small entities and welcome 
comments on issues related to such impacts.

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. This proposed rule does not affect State, 
local, or tribal governments. The impact of this proposed rule on the 
private sector will be less than $100 million per year. Thus, this 
proposed rule is not subject to the requirements of sections 202 and 
205 of the UMRA. EPA has determined that this rule contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. This regulation does not apply to governmental 
entities.

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 action 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. This proposed rule applies directly 
to facilities that use these substances and not to governmental 
entities. Thus, Executive Order 13132 does not apply to this proposed 
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 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. It 
does not significantly or uniquely affect the communities of Indian 
tribal governments, because this regulation applies directly to 
facilities that use these substances and not to governmental entities. 
Thus, Executive Order 13175 does not apply to this proposed rule.

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

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed 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 and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, section 12(d) (15 
U.S.C. 272 note) directs EPA to use voluntary consensus standards in 
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 
rulemaking explicitly references technical standards; EPA proposes to 
use SAE Standard J2810 which is the

[[Page 34678]]

revised version of SAE Standard J1732. These standards can be obtained 
from http://www.sae.org/technical/standards/.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action updates a regulatory reference to an obsolete 
standard to avoid confusion on the part of refrigerant handling 
equipment manufacturers, service technicians, automobile dismantling 
operators, and A/C service shop owners.

List of Subjects in 40 CFR Part 82

    Environmental protection, Motor vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/recharge equipment, Reporting and 
certification requirements, Stratospheric ozone layer.

    Dated: June 12, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-13754 Filed 6-17-08; 8:45 am]
BILLING CODE 6560-50-P