[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Proposed Rules]
[Pages 16749-16752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05817]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0600; FRL-9906-74-OAR]
RIN 2060-AR89


Protection of Stratospheric Ozone: Updates to HCFC Trade Language 
As Applied to Article 5 Countries; Ratification Status of Parties to 
the Montreal Protocol; and Harmonized Tariff Schedule Commodity Codes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update: regulations governing trade of HCFCs to reflect that HCFC 
control measures have now taken effect for Parties operating under 
Article 5 of the Montreal Protocol; references to Party ratification 
status; tariff codes for ozone depleting substances to address changes 
made in 2012 by the U.S. International Trade

[[Page 16750]]

Commission; and other minor provisions. In the ``Rules and 
Regulations'' section of this Federal Register, we are making these 
conforming edits 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.

DATES: Comments must be received by April 25, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0600, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov
     Mail: Docket  EPA-HQ-OAR-2013-0600, Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, Mail code: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 
20460.
     Hand Delivery: Docket  EPA-HQ-OAR-2013-0600 Air 
and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room 
B108, Mail Code 6102T, Washington, DC 20004. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0600. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. If 
you want to submit confidential comments, please send them to the 
individual listed in the FOR FURTHER INFORMATION CONTACT section. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of you 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by telephone at (202) 
343-9055 or by email at arling.jeremy@epa.gov, or by mail at U.S. 
Environmental Protection Agency, Stratospheric Protection Division, 
Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania 
Ave. NW., Washington DC 20460. You may also visit the Ozone Protection 
Web site of EPA's Stratospheric Protection Division at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric 
Ozone Protection regulations, the science of ozone layer depletion and 
related topics.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to take action on ``Protection of 
Stratospheric Ozone: Updates to HCFC Trade Language as Applied to 
Article 5 Countries; Ratification Status of Parties to the Montreal 
Protocol; and Harmonized Tariff Schedule Commodity Codes.'' We have 
published a direct final rule 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.
    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. Does this action apply to me?

    This rulemaking will affect the following categories: Industrial 
Gas Manufacturing entities (NAICS code 325120), including fluorinated 
hydrocarbon gas manufacturers and importers; Other Chemical and Allied 
Products Merchant Wholesalers (NAICS code 424690), including chemical 
gases and compressed gases merchant importers.
    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding the types of entities that could 
potentially be regulated by this action. Other types of entities not 
listed in this table could also be affected. To determine whether your 
facility, company, business organization, or other entity is regulated 
by this action, you should carefully examine these regulations. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section.
    For further information, please see the information provided in the 
direct final action that is located in the ``Rules and Regulations'' 
section of this Federal Register publication.

III. What are the procedures for notice and comment on this rulemaking?

    The direct final rule that's publishing in the ``Rules and 
Regulations'' section of this Federal Register will be effective on 
June 24, 2014 without further notice unless we receive adverse comment 
by April 25, 2014. If EPA receives adverse comment, we will publish a 
timely withdrawal in the Federal Register informing the public that all 
or part of the direct final rule will not take effect. EPA will address 
all public comments in a subsequent final rule based on this proposed 
rule. We will not institute a second public comment period on this 
action. Any parties interested in commenting must do so at this time.
    You may claim that information in your comments is confidential 
business information, as allowed by 40 CFR part 2. If you submit 
comments and include information that you claim as confidential 
business information, we request that you submit them directly to 
Jeremy Arling in two versions: one clearly marked ``Public'' to be 
filed in the public docket, and the other marked ``Confidential'' to be 
reviewed by authorized government personnel only. For further 
information, please see the ADDRESSES section of this document.

[[Page 16751]]

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
EPA already requires recordkeeping and reporting for ozone-depleting 
substances and this action does not amend those provisions. The Office 
of Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations at 40 CFR 
part 82, subpart A under the provisions of the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0498. 
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.
    We have considered the economic impacts of this rule on small 
entities. For purposes of assessing the impacts of this rule on small 
entities, a small entity is defined as: (1) A small business that is 
primarily engaged in industrial gas manufacturing as defined by NAICS 
codes 325120 with fewer than 1000 employees or engaged in wholesale of 
those gases as defined by NAICS codes 424620 with fewer than 100 
employees; (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 today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The only 
provision of this proposed rule that has the potential to affect small 
entities is the update to the HCFC trade ban prohibiting the import or 
export of HCFCs to four countries. Based on data reported to EPA, there 
are fewer than half a dozen companies that have exported to these 
countries in the last few years and none are small businesses.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this rule on small entities. In 2013 and 
2014, EPA sent a letter to all importers and exporters notifying them 
of the trade ban provisions in the Montreal Protocol. 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

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. UMRA does not apply to rules that are necessary for the 
national security or the ratification or implementation of 
international treaty obligations. This rule updates the regulations to 
reflect the provisions of the Montreal Protocol related to trade with 
non-Parties. Other changes in this rule are to improve the accuracy and 
consistency of the regulations and have no to little impact on the 
regulated community. Therefore, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. Potentially 
affected entities are not government entities but rather producers, 
importers, and exporters of HCFCs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It does 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. Potentially affected entities are 
not government entities but rather producers, importers, and exporters 
of HCFCs. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does 
not significantly or uniquely affect the communities of Indian tribal 
governments. It does not impose any enforceable duties on communities 
of Indian tribal governments. Thus, Executive Order 13175 does not 
apply to this action.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it implements specific trade provisions already agreed 
upon and in effect under an international treaty.

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

    This action is not subject to Executive Order 13211 (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 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its 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 proposed 
rulemaking does not involve technical standards. Therefore, EPA is not 
considering the use of any voluntary consensus standards.

[[Page 16752]]

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 U.S.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. This action updates regulatory provisions related to 
the HCFC trade ban: The effect is to prohibit export of HCFCs to a 
small list of countries that are not Party to the Beijing Amendment to 
the Montreal Protocol.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Exports, Hydrochlorofluorocarbons, 
Imports.

    Dated: March 7, 2014.
Gina McCarthy,
Administrator.
[FR Doc. 2014-05817 Filed 3-25-14; 8:45 am]
BILLING CODE 6560-50-P