Protection of Stratospheric Ozone: Control of Methyl Bromide Emissions Through Use of Tarps

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5961-9]

RIN 2060-AH26

Protection of Stratospheric Ozone: Control of Methyl Bromide

Emissions Through Use of Tarps

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed determination.

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SUMMARY: Through this action EPA is proposing a determination that

requiring the use of gas impermeable tarps to control emissions of the

pesticide methyl bromide is not appropriate under section 608(a)(2) of

the Clean Air Act at this time. 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 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 must be received by March 9, 1998.

ADDRESSES: Comments on this proposed determination should be addressed

to Public Docket No. A-98-07, 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 Carol Weisner, U.S. Environmental Protection

Agency, Stratospheric Protection Division, 401 M Street, SW, Mail Code

6205J, Washington, DC 20460, if by mail, or at 501 3rd Street, N.W.,

Washington, DC 20001, if comments are sent by courier delivery.

FOR FURTHER INFORMATION CONTACT: Carol Weisner at (202) 564-9193 or fax

(202) 565-2096, U.S. Environmental Protection Agency, Stratospheric

Protection Division, 401 M Street, S.W., Mail Code 6205-J, Washington,

DC 20460.

SUPPLEMENTARY INFORMATION: If no 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 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 supporting 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

[[Page 5907]]

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

control of methyl bromide emissions through the use of tarps is not

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 control of methyl bromide

emissions through the use of tarps is not 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.

II. Judicial Review

Because this proposed determination is of nationwide scope and

effect, under section 307(b)(1) of the Act, judicial review of this

action is available only by the filing of a petition for review in the

United States Court of Appeals for the District of Columbia Circuit

within sixty days of publication of this action in the Federal

Register.

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: January 30, 1998.

Carol M. Browner,

Administrator.

[FR Doc. 98-2873 Filed 2-4-98; 8:45 am]

BILLING CODE 6560-50-P