

[Federal Register: April 28, 2006 (Volume 71, Number 82)]
[Rules and Regulations]               
[Page 25077-25079]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap06-7]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-8163-1]
RIN 2060-AN18

 
Protection of Stratospheric Ozone: The 2006 Critical Use 
Exemption From the Phaseout of Methyl Bromide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency published in the Federal 
Register of February 6, 2006, a final rule exempting methyl bromide 
production and import for 2006 critical uses. Specifically, EPA 
authorized uses that qualify for the 2006 critical use exemption, and 
the amount of methyl bromide that may be produced, imported, or made 
available from inventory for those uses in 2006. EPA's action was taken 
under the authority of the Clean Air Act (CAA) and reflects recent 
consensus Decisions taken by the Parties to the Montreal Protocol on 
Substances that Deplete the Ozone Layer (Protocol) at the 16th and 17th 
Meetings of the Parties (MOPs) and the 2nd Extraordinary Meeting of the 
Parties (ExMOP). This document corrects an error made in the 
calculation of critical use allowances (CUAs) described in that 
document.

DATES: Effective Date: April 28, 2006.

FOR FURTHER INFORMATION CONTACT: Marta Montoro, Office of Atmospheric 
Programs, Stratospheric Protection Division, Mail Code 6205 J, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460; telephone number: (202) 343-9321; fax number: 
(202) 343-2337; e-mail address: mebr.allocation@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    Entities potentially regulated by this action are those associated 
with the production, import, export, sale, application and use of 
methyl bromide covered by an approved critical use exemption. 
Potentially regulated categories and entities include:

------------------------------------------------------------------------
        Category                  Examples of regulated entities
------------------------------------------------------------------------
Industry...............  Producers, Importers and Exporters of methyl
                          bromide; Applicators, Distributors of methyl
                          bromide; Users of methyl bromide such as
                          farmers of vegetable crops, fruits and
                          seedlings, owners of stored food commodities
                          and structures such as grain mills and
                          processors, and government and non-government
                          researchers.
------------------------------------------------------------------------

    The above table is not intended to be exhaustive, but rather to 
provide a guide for readers regarding entities likely to be regulated 
by this action. This table lists the types of entities that EPA is 
aware could be potentially regulated by this action. To determine 
whether your facility, company, business, or organization is regulated 
by this action, you should carefully examine the regulations 
promulgated at 40 CFR part 82, subpart A. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

II. What Does This Correction Do?

    EPA published a rule in the Federal Register of February 6, 2006, 
(71 FR 5985), which contained an error occurring in the calculation of 
the allocation of critical use allowances. The final rule document 
contained aggregated totals for both 2006 critical use allowances for 
pre-plant uses of methyl bromide and 2006 critical use allowances for 
post-harvest uses of methyl bromide, each measured in kilograms. The 
totals in Table II of the final rule labeled ``ALLOCATION OF CRITICAL 
USE ALLOWANCES'', and Sec.  82.8(c)(1) ``Allocated critical use 
allowances granted for specified control period,'' are incorrectly 
calculated. Consequently, this technical correction supersedes the 
totals found in Table II, Sec.  82.8(c)(1), and any other place wherein 
the original totals are stated in the final rule.
    The error occurred due to a spreadsheet miscalculation, which 
caused a discrepancy in the summed totals of the allocated critical use 
allowances. This error has been corrected and is represented in the new 
numbers, provided in this technical correction, for both pre-plant and 
post-harvest critical uses of methyl bromide. The numerical 
alterations, which come as a result of this correction, are minor.
    The correct total for 2006 critical use allowances for pre-plant 
uses of methyl bromide is 6,319,080 kilograms. The final rule, 
published February 6, 2006 (71 FR 5985) incorrectly stated 6,315,237 
kilograms. The correct total for 2006 critical use allowances for post-
harvest uses of methyl bromide is 608,569 kilograms, but was 
incorrectly stated in the February 6, 2006 final rule as 506,250 
kilograms. For 2006, the correct total production and import amount EPA 
is authorizing for critical uses is 6,927,649 kilograms. The total was 
incorrectly stated in the February 6, 2006 final rule as 6,821,487. The 
correct numbers are shown in the table below.

             Table I.--Allocation of Critical Use Allowances
------------------------------------------------------------------------
                                    2006 critical use  2006 critical use
                                      allowances for     allowances for
              Company                pre-plant uses*      post-harvest
                                       (kilograms)     uses* (kilograms)
------------------------------------------------------------------------
Great Lakes Chemical Corp.........          3,840,406            369,856
Albemarle Corp....................          1,579,235            152,091
Ameribrom, Inc....................            872,402             84,018
TriCal, Inc.......................             27,037              2,604
                                   -------------------------------------
    Total.........................          6,319,080           608,569
------------------------------------------------------------------------
* For production or import of class I, Group VI controlled substance
  exclusively for the Pre-Plant or Post-Harvest uses specified in
  Appendix L to 40 CFR Part 82.


[[Page 25078]]

    The corrections will become effective immediately (without further 
rulemaking action) on April 28, 2006.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' and is, therefore, not subject to review by the Office of 
Management and Budget (``OMB''). This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2). The technical correction does not impose an 
information collection burden under the provisions on the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Because EPA has made a ``good cause'' finding that this action is 
not subject to notice and comment requirements under the APA or any 
other stature, it is not subject to the regulatory flexibility 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or 
to section 202 and 205 of the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4). In addition, this action does not significantly or 
uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in section 203 and 204 of the 
UMRA.
    The correction does not have substantial direct effects on the 
States, or 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, 
Federalism (64 FR 43255, August 10, 1999).
    This action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments (65 
FR 67249, November 9, 2000). The technical correction also is not 
subject to executive Order 13045, Protection of Children From 
Environmental Health and Safety Risks (62 FR 19885, April 23, 1997) 
because it is not economically significant.
    The correction 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.
    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
552(b)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the Agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making this action final without prior proposal 
and opportunity for comment because the change to the rule corrects an 
error, is noncontroversial, and is consistent with the technical basis 
of the rule. Thus, notice and public procedure are unnecessary. We find 
that this constitutes good cause under 5 U.S.C 553(b)(B) (see also the 
final sentence of section 307(d)(1) of the CAA, 42 U.S.C. 7607(d)(1), 
indicating that the good cause provisions of the APA continue to apply 
to rulemaking under section 307(d) of the Clean Air Act (CAA).
    Section 553(d)(3) allows an agency, upon a finding of good cause, 
to make a rule effective immediately. Because these changes relieve an 
unintended restriction, we find good cause to make these technical 
corrections effective immediately.
    This action does not involve any technical standards; thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply.
    The correction also does not involve special consideration of 
environmental justice-related issues as required by Executive order 
12898, Federal Actions to Address Environmental Justice in Minority 
Populations and Low-income Populations (59 FR 7629, February 16, 1994).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by 
SBREFA of 1996, generally provides that before a rule may take effect, 
the agency promulgating the rule must submit a rule report, which 
includes a copy of the rule, to each House of the Congress and to the 
Comptroller General of the U.S. The EPA will submit a report containing 
this final action and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
U.S. prior to publication of this action in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). The final 
rule will be effective on April 28, 2006.
    The EPA's compliance with these Executive Orders and statutes for 
the underlying rule is discussed in the February 6, 2006, Federal 
Register notice containing the exemption of methyl bromide production 
and import for 2006 critical uses.

List of Subjects in 40 CFR Part 82

    Environmental protection; Environmental treaty; Montreal Protocol 
on Substances that Deplete the Ozone Layer; Ozone depletion; Methyl 
bromide; Chemicals; Exports, Imports, Production, Reporting and 
recordkeeping requirements.

    Dated: April 21, 2006.
William L. Wehrum,
Acting Assistant Administrator for the Office of Air and Radiation.

0
For the reasons set out in the preamble, 40 CFR part 82 is amended as 
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.


0
2. Section 82.8 is amended by revising the table in paragraph (c)(1) to 
read as follows:


Sec.  82.8  Grant of essential use allowances and critical use 
allowances.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                       2006 Critical use
                                    2006 Critical use    allowances for
              Company                 allowances for      post-harvest
                                     pre-plant uses*         uses*
                                       (kilograms)        (kilograms)
------------------------------------------------------------------------
Great Lakes Chemical Corp.........          3,840,406            369,856
Albemarle Corp....................          1,579,235            152,091
Ameribrom, Inc....................            872,402             84,018
TriCal, Inc.......................             27,037              2,604
                                   -------------------------------------

[[Page 25079]]


    Total.........................          6,319,080           608,569
------------------------------------------------------------------------
* For production or import of class I, Group VI controlled substance
  exclusively for the Pre-Plant or Post-Harvest uses specified in
  appendix L to this subpart.

* * * * *
[FR Doc. 06-4021 Filed 4-27-06; 8:45 am]

BILLING CODE 6560-50-P
