Air programs: Stratospheric ozone protection— Halon recycling and recovery equipment certification,

[Federal Register: August 11, 1998 (Volume 63, Number 154)]

[Proposed Rules]

[Page 42791-42792]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11au98-37]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-6137-1]

RIN: 2060-AI07

Protection of Stratospheric Ozone: Halon Recycling and Recovery Equipment Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed determination.

SUMMARY: Through this action EPA is proposing a determination that it is neither necessary nor appropriate under section 608(a)(2) of the Clean Air Act as amended in 1990 (CAA or ``Act'') to issue a proposed rule requiring the certification of recycling and recovery equipment for halons; and further, that it is neither necessary nor appropriate under section 608(a)(2) of the CAA to require that halons be removed only through the use of certified equipment. This proposed determination is also being issued, pursuant to a consent decree, as a direct final determination in the final rules section of today's Federal Register. A detailed discussion of the reasoning for this proposed determination is set forth in the direct final determination and the accompanying study referred to therein. If no relevant adverse comment is timely received, no further action will be taken with respect to this proposal and the direct final determination will become final on the date provided in that action.

DATES: Comments on this proposed determination must be received by September 10, 1998.

ADDRESSES: Comments on this proposed determination should be sent to Docket No. A-98-37, U.S. Environmental Protection Agency, OAR Docket and Information Center, Room M-1500, Mail Code 6102, 401 M Street, S.W., Washington, D.C. 20460. The docket may be inspected from 8:00 a.m. until 5:30 p.m., weekdays. The docket phone number is (202) 260- 7548, and the fax number is (202) 260-4400. A reasonable fee may be charged for copying docket materials. A second copy of any comments should also be sent to Lisa Chang, U.S. Environmental Protection Agency, Stratospheric Protection Division, 401 M Street, S.W., Mail Code 6205J, Washington, D.C. 20460 if by mail, or at 501 3rd Street, N.W., Room 267, Washington, D.C. 20001 if comments are sent by courier delivery.

FOR FURTHER INFORMATION CONTACT: Lisa Chang at (202) 564-9742 or fax (202) 565-1096, U.S. Environmental Protection Agency, Stratospheric Protection Division, Mail Code 6205J, 401 M Street, S.W., Washington, D.C. 20460.

SUPPLEMENTARY INFORMATION: If no relevant adverse comment is timely received, no further activity is contemplated in relation to this proposed determination and the direct final determination in the final rules section of today's Federal Register will be final and become effective in accordance with the information discussed in that action. If relevant adverse comment is timely received, the direct final determination will be withdrawn and all public comments will be addressed in a subsequent final determination. The Agency will not institute a second comment period on this proposed determination; therefore, any parties interested in commenting should do so during this comment period.

For more detailed information and the rationale supporing this proposed determination, the reader should review the information provided in the direct final determination in the final rules section of today's Federal Register.

1. Administrative Requirements

1. Executive Order 12866

   Executive Order 12866 (58 FR 51735, October 4, 1993) provides for interagency review of ``significant regulatory actions.'' It has been determined by the Office of Management and Budget (OMB) and EPA that this action--which is a proposed determination that requiring the certification of equipment used in halon recovery and recycling, and requiring that halons be removed from halon-containing equipment only through use of certified recovery and recycling equipment, is not necessary or appropriate--is not a ``significant regulatory action'' under the terms of Executive Order 12866 and is therefore not subject to OMB review under the Executive Order.

2. Regulatory Flexibility Act

   The Regulatory Flexibility Act, 5 U.S.C. 601-602, requires that Federal agencies, when developing regulations, consider the potential impact of those regulations on small entities. Because this action is a proposed determination that requiring the certification of equipment used in halon recovery and recycling, and requiring that halons be removed from halon-containing equipment only through use of certified recovery and recycling equipment, is not necessary or appropriate, the Regulatory Flexibility Act does not apply. By its nature, this action will not have an adverse effect on the regulated community, including small entities.

3. Paperwork Reduction Act

   This action does not add any new requirements or increase burdens under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

4. Unfunded Mandates Reform Act

   It has been determined that this action 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.

   [[Page 42792]]

5. Executive Order 13045--Children's Health

   Executive Order 13045: ``Protection of Children from Environmental Health Risk and Safety Risk'' (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.

   This action is not subject to E.O. 13045 because it is not a rule and is not likely to result in a rule.

   List of Subjects in 40 CFR Part 82

   Environmental protection, Administrative practice and procedure, Air pollution control, Chemicals, Reporting and recordkeeping requirements, Stratospheric ozone layer.

   Dated: July 31, 1998. Carol M. Browner, Administrator.

   [FR Doc. 98-21526Filed8-10-98; 8:45 am]

   BILLING CODE 6560-50-P