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Protection of Stratospheric Ozone: Halon Recycling and Recovery Equipment Certification

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[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]

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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.

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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.

I. Administrative Requirements

A. 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.

B. 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.

C. 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.

D. 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]]

E. 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. 98-21526 Filed 8-10-98; 8:45 am]
BILLING CODE 6560-50-P

 
 

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