

[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Proposed Rules]               
[Page 63535-63537]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no07-30]                         

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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

[[Page 63536]]

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: thundiyil.karen@epa.gov.

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

[[Page 63537]]

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
