Protection of Stratospheric Ozone: Halon Recycling and Recovery Equipment Certification

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.

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