[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Proposed Rules]
[Pages 63535-63537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21941]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2006-5065; FRL-8493-4]
RIN 2060-AO32
Protection of Stratospheric Ozone: Revision of Refrigerant
Recovery and Recycling Equipment Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update motor vehicle refrigerant recovery and recycling equipment
standards. Under Clean Air Act Section 609, motor vehicle air-
conditioning (MVAC) refrigerant handling equipment must be certified by
the Administrator or an independent organization approved by the
Administrator and, at a minimum, must be as stringent as the standards
of the Society of Automotive Engineers (SAE) in effect as of the date
of the enactment of the Clean Air Act Amendments of 1990. In 1997, EPA
promulgated regulations that required the use of SAE Standard J2210,
HFC-134a Recycling Equipment for Mobile Air Conditioning Systems for
certification of MVAC refrigerant handling equipment. SAE has replaced
Standard J2210 with J2788, Recovery/Recycle and Recovery/Recycle/
Recharging Equipment for HFC-134a Refrigerant. To avoid confusion, EPA
is updating its reference to include the new SAE standards. This action
reflects a change in industry standard practice. This action proposes
to revise the EPA
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addresses to send equipment certification forms.
DATES: Written comments or a request for a public hearing must be
received by December 10, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-HQ-OAR-
2006-5065, by mail to Environmental Protection Agency, Mailcode 6102T,
EPA Docket Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric
Protection Division, Office of Atmospheric Programs (MC 6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 343-9464; fax number
(202) 343-2363; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
this Federal Register, we are updating the existing motor vehicle
refrigerant recovery and recycling equipment standards, as a direct
final rule without a prior proposed rule. If we receive no adverse
comment or a request for a public hearing, we will not take further
action on this proposed rule.
I. Why is EPA Issuing This Proposed Rule?
This document proposes to take action on motor vehicle air-
conditioning refrigerant recovery and recycling equipment standards. We
have published a direct final rule updating EPA's motor vehicle
refrigerant recovery and recycling equipment standards 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 or a request for a public hearing,
we will not take further action on this proposed rule. If we receive
adverse comment or request, 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. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The recordkeeping and reporting requirements included in this action
are already included in an existing information collection burden. This
action does not make any changes that would affect burden. However, the
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations, 40 CFR part 82, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0247, EPA ICR number 1617.05. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672. A copy may also downloaded from http://www.regulations.gov.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The 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. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (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 rule on small
entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. The
requirements of today's rule do not mandate a switch to the new SAE
equipment standards. Rather, as MVAC service shop owners replace end-
of-life refrigerant handling equipment, owners will purchase equipment
certified to the new SAE standard.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other
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than the least costly, most cost-effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
EPA has determined that this rule 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. Today's rule does not affect State, local, or
tribal governments. The impact of this rule on the private sector will
be less than $100 million per year. Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA. EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. This
regulation does not apply to governmental entities.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
This action does not have federalism implications. It will 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. This regulation applies directly to
facilities that use these substances and not to governmental entities.
Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It does not
significantly or uniquely affect the communities of Indian tribal
governments, because this regulation applies directly to facilities
that use these substances and not to governmental entities. Thus,
Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health Risks and Safety Risks'' (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.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is based on technology performance and
not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (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
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in 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 rulemaking explicitly
references technical standards; EPA uses the SAE revision versions of
J2210. These standards can be obtained from http://www.sae.org/technical/standards/.
List of Subjects in 40 CFR Part 82
Environmental protection, Motor vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/recharge equipment, Reporting and
certification requirements, Stratospheric ozone layer.
Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-21941 Filed 11-8-07; 8:45 am]
BILLING CODE 6560-50-P