Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant, 45253-45255 [2017-20838]
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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules
jstallworth on DSKBBY8HB2PROD with PROPOSALS
requirements contained in Merrimack
Station’s permit, TP–0189, to
demonstrate how compliance with
Merrimack Station’s SO2 emission limit
will be achieved and determined. EPA
is proposing to approve into the New
Hampshire SIP the provisions of
Merrimack Station’s permit, TP–0189,
that constitute the SO2 operating and
emission limits and their associated
monitoring, testing, recordkeeping, and
reporting requirements. EPA is
proposing to approve these provisions
into the State’s SIP through
incorporation by reference, as described
in section VIII, below. EPA’s analysis is
discussed in this proposed rulemaking.
EPA is not proposing to remove from
the existing New Hampshire SIP, Table
4, items 6, 8, and 10 contained in
Merrimack Station’s July 2011 permit,
TP–0008, because EPA has not received
a request from the State to do so. See
52.1520(d) EPA-approved State Source
specific requirements. However, EPA
considers those provisions to be
superseded by the conditions of TP–
0189, which are more stringent, and
which are to be incorporated into the
SIP in this proposed action.
Specifically, two of the provisions,
items 6 and 8 from Table 4, relate to SO2
emissions limits that have been
superseded by Merrimack Station’s
September 2016 permit, TP–0189. Item
10 from Table 4 has also been
superseded by Merrimack Station’s
September 2016 permit, TP–0189, in
that the existing SIP provision allowed
operation of one of Merrimack Station’s
two boilers, MK1, for up to 840 hours
in any consecutive 12-month period
through the emergency bypass stack,
i.e., not through the FGD. Each of the
corresponding provisions of Merrimack
Station’s September 2016 permit, TP–
0189, are more stringent than those
existing SIP provisions. EPA is taking
public comments for thirty days
following the publication of this
proposed action in the Federal Register.
We will take all comments into
consideration in our final action.
VIII. Incorporation by Reference
In this rule, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
certain federally enforceable provisions
of Merrimack Station’s permit, TP–0189,
effective on September 1, 2016.
Specifically, the following provisions of
that permit are proposed to be
incorporated by reference: Items 1, 2,
and 3 in Table 4 (‘‘Operating and
Emission Limits’’); items 1 and 2 in
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Table 5 (‘‘Monitoring and Testing
Requirements’’); items 1 and 2 in Table
6 (‘‘Recordkeeping Requirements’’); and
items 1 and 2 in Table 7 (‘‘Reporting
Requirements’’).
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 1 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
IX. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• does not provide EPA with the
discretionary authority to address, as
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45253
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
Reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 15, 2017.
Ken Moraff,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–20721 Filed 9–27–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2017–0213; FRL–9968–67–
OAR]
RIN 2060–AT43
Protection of Stratospheric Ozone:
Refrigerant Management Regulations
for Small Cans of Motor Vehicle
Refrigerant
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing this action
to correct an editing oversight that lead
to a potential conflict in a prior
rulemaking as to whether or not
containers holding two pounds or less
of non-exempt substitute refrigerants for
use in motor vehicle air conditioning
that are not equipped with a self-sealing
valve can be sold to persons that are not
certified technicians, provided those
small cans were manufactured or
imported prior to January 1, 2018. This
action clarifies that those small cans
may continue to be sold to persons that
are not certified as technicians under
sections 608 or 609 of the Clean Air Act.
In the ‘‘Rules and Regulations’’ section
of this Federal Register, EPA is
publishing this action as a direct final
SUMMARY:
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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules
jstallworth on DSKBBY8HB2PROD with PROPOSALS
rule without a prior proposed rule. If we
receive no adverse comment, we will
not take further action on this proposed
rule.
DATES: Written comments must be
received by October 30, 2017. Any party
requesting a public hearing must notify
the contact listed below under FOR
FURTHER INFORMATION CONTACT by 5 p.m.
Eastern Daylight Time on October 5,
2017. If a public hearing is requested,
the hearing will be held on or around
October 13, 2017. If a hearing is held,
it will take place at EPA headquarters in
Washington, DC. EPA will post a notice
on our Web site, www.epa.gov/
section608, announcing further
information should a hearing take place.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2017–0213, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sara
Kemme by regular mail: U.S.
Environmental Protection Agency,
Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue
NW., Washington, DC 20460; by
telephone: (202) 566–0511; or by email:
kemme.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this Proposed
Rule?
On November 18, 2016, EPA
published a rule finalizing a restriction
that non-exempt substitute refrigerants
may only be sold to technicians certified
under sections 608 or 609 of the CAA
(81 FR 82280). In the case of refrigerant
for use in motor vehicle air conditioning
(MVAC), EPA finalized the exemption
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Jkt 241001
for the sale of certain small cans of nonozone-depleting substitutes with a selfsealing valve to allow the do-it-yourself
community to continue servicing their
personal vehicles. However, the Agency
did not finalize a sell-through provision
as proposed. Instead, EPA intended to
allow the continued sale of small cans
without self-sealing valves that were
manufactured or imported before
January 1, 2018, and described that
intent in the preamble to the final rule.
See 81 FR 82280, 82342.
These intentions were also expressed
in the regulatory text at 40 CFR
82.154(c)(2), which was revised in the
November 2016 rule to state: ‘‘Selfsealing valve specifications. This
provision applies starting January 1,
2018, for all containers holding two
pounds or less of non-exempt substitute
refrigerant for use in an MVAC that are
manufactured or imported on or after
that date. (i) Each container holding two
pounds or less of non-exempt substitute
refrigerant for use in an MVAC must be
equipped with a single self-sealing valve
that automatically closes and seals
when not dispensing refrigerant . . . .’’
However, because of an editing error,
another provision, 40 CFR
82.154(c)(1)(ix), contains text that could
be construed as contradicting the
Agency’s clearly expressed intent to
allow non-technicians to purchase, and
retailers to sell, small cans of refrigerant
for use in MVAC that were
manufactured or imported before the
January 1, 2018, compliance date
irrespective of whether they have a selfsealing valve.
The Automotive Refrigeration
Products Institute and the Auto Care
Association inquired about whether the
language in 40 CFR 82.154(c)(1)(ix)
effectively negates the provision in 40
CFR 82.154(c)(2) and the preamble
discussion showing EPA’s intention to
allow small cans of refrigerant for use in
MVAC manufactured or imported before
January 1, 2018, to continue to be sold
without self-sealing valves. EPA is
proposing this rule to revise the
regulatory text so that persons in
possession of small cans of refrigerant
for use in MVAC without self-sealing
valves that were manufactured or
imported before January 1, 2018, can be
assured that they will be able to sell off
their existing inventories without
disruption.
EPA has published a direct final rule
making identical edits to the regulatory
text as those proposed here 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 further explained our reasons for
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this action in the preamble to the direct
final rule. For additional information on
the action being taken, see the direct
final rule published in the Rules and
Regulations section of this Federal
Register.
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. In
that case, 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. EPA is not proposing,
and is not seeking comment on, any
changes to the regulations at 40 CFR
part 82, subpart F other than the
proposed revisions discussed in this
notice. For further information on how
to submit comments, please see the
information provided in the ADDRESSES
section of this document.
II. Does this action apply to me?
Categories and entities potentially
affected by this action include entities
that distribute or sell small cans
refrigerant for use in MVAC. Regulated
entities include, but are not limited to,
manufacturers and distributors of small
cans of refrigerant (NAICS codes
325120, 441310, 447110) such as
automotive parts and accessories stores
and industrial gas manufacturers.
This list is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your facility, company,
business, or organization could be
regulated by this action, you should
carefully examine the regulations at 40
CFR part 82, subpart F. 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.
III. 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 and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
E:\FR\FM\28SEP1.SGM
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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules
contained in the existing regulations
and has assigned OMB control number
2060–0256. These changes do not add
information collection requirements
beyond those currently required under
the applicable regulations.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. This action
clarifies that small cans of refrigerant for
use in MVAC may be sold to persons
who are not certified technicians even if
they are not equipped with a self-sealing
valve, so long as those small cans are
manufactured or imported prior to
January 1, 2018. We have therefore
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
D. Unfunded Mandates Reform Act
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action corrects a
potential conflict in the refrigerant
management regulations as to whether
or not small cans of refrigerant for use
in MVAC could be sold to nontechnicians if they were manufactured
or imported prior to January 1, 2018,
and do not have a self-sealing valve.
This action clarifies that those small
cans of refrigerant for use in MVAC may
be sold to persons who are not certified
technicians.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
E. Executive Order 13132: Federalism
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.
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15:00 Sep 27, 2017
Jkt 241001
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This action corrects a
potential conflict in the refrigerant
management regulations as to whether
or not small cans of refrigerant for use
in MVAC could be sold to nontechnicians if they were manufactured
or imported prior to January 1, 2018,
and do not have a self-sealing valve.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of
protection provided to human health or
the environment. This action corrects a
potential conflict in the refrigerant
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45255
management regulations as to whether
or not small cans of refrigerant for use
in MVAC could be sold to nontechnicians if they were manufactured
or imported prior to January 1, 2018,
and do not have a self-sealing valve.
This action clarifies that those small
cans of refrigerant for use in MVAC may
be sold to persons who are not certified
technicians. The documentation for this
decision is contained in Docket No.
EPA–HQ–OAR–2017–0213, where
EPA’s assessment of the underlying
regulatory changes that necessitated this
correction found no disproportionately
high and adverse human health or
environmental effects on minority
populations, low-income populations
and/or indigenous peoples.
List of Subjects in 40 CFR Part 82
Environmental protection, Air
pollution control, Chemicals, Reporting
and recordkeeping requirements.
Dated: September 21, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the
preamble, the Environmental Protection
Agency proposes to amend 40 CFR part
82 as follows:
PART 82—PROTECTION OF
STRATOSPHERIC OZONE
1. The authority citation for part 82
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7601, 7671–
7671q.
2. In § 82.154, revise paragraph
(c)(1)(ix) to read as follows:
■
§ 82.154
Prohibitions.
*
*
*
*
*
(c) * * *
(1) * * *
(ix) The non-exempt substitute
refrigerant is intended for use in an
MVAC and is sold in a container
designed to hold two pounds or less of
refrigerant, has a unique fitting, and, if
manufactured or imported on or after
January 1, 2018, has a self-sealing valve
that complies with the requirements of
paragraph (c)(2) of this section.
*
*
*
*
*
[FR Doc. 2017–20838 Filed 9–27–17; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Proposed Rules]
[Pages 45253-45255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20838]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2017-0213; FRL-9968-67-OAR]
RIN 2060-AT43
Protection of Stratospheric Ozone: Refrigerant Management
Regulations for Small Cans of Motor Vehicle Refrigerant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing this action to correct an editing oversight
that lead to a potential conflict in a prior rulemaking as to whether
or not containers holding two pounds or less of non-exempt substitute
refrigerants for use in motor vehicle air conditioning that are not
equipped with a self-sealing valve can be sold to persons that are not
certified technicians, provided those small cans were manufactured or
imported prior to January 1, 2018. This action clarifies that those
small cans may continue to be sold to persons that are not certified as
technicians under sections 608 or 609 of the Clean Air Act. In the
``Rules and Regulations'' section of this Federal Register, EPA is
publishing this action as a direct final
[[Page 45254]]
rule without a prior proposed rule. If we receive no adverse comment,
we will not take further action on this proposed rule.
DATES: Written comments must be received by October 30, 2017. Any party
requesting a public hearing must notify the contact listed below under
FOR FURTHER INFORMATION CONTACT by 5 p.m. Eastern Daylight Time on
October 5, 2017. If a public hearing is requested, the hearing will be
held on or around October 13, 2017. If a hearing is held, it will take
place at EPA headquarters in Washington, DC. EPA will post a notice on
our Web site, www.epa.gov/section608, announcing further information
should a hearing take place.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0213, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sara Kemme by regular mail: U.S.
Environmental Protection Agency, Stratospheric Protection Division
(6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by
telephone: (202) 566-0511; or by email: kemme.sara@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this Proposed Rule?
On November 18, 2016, EPA published a rule finalizing a restriction
that non-exempt substitute refrigerants may only be sold to technicians
certified under sections 608 or 609 of the CAA (81 FR 82280). In the
case of refrigerant for use in motor vehicle air conditioning (MVAC),
EPA finalized the exemption for the sale of certain small cans of non-
ozone-depleting substitutes with a self-sealing valve to allow the do-
it-yourself community to continue servicing their personal vehicles.
However, the Agency did not finalize a sell-through provision as
proposed. Instead, EPA intended to allow the continued sale of small
cans without self-sealing valves that were manufactured or imported
before January 1, 2018, and described that intent in the preamble to
the final rule. See 81 FR 82280, 82342.
These intentions were also expressed in the regulatory text at 40
CFR 82.154(c)(2), which was revised in the November 2016 rule to state:
``Self-sealing valve specifications. This provision applies starting
January 1, 2018, for all containers holding two pounds or less of non-
exempt substitute refrigerant for use in an MVAC that are manufactured
or imported on or after that date. (i) Each container holding two
pounds or less of non-exempt substitute refrigerant for use in an MVAC
must be equipped with a single self-sealing valve that automatically
closes and seals when not dispensing refrigerant . . . .'' However,
because of an editing error, another provision, 40 CFR
82.154(c)(1)(ix), contains text that could be construed as
contradicting the Agency's clearly expressed intent to allow non-
technicians to purchase, and retailers to sell, small cans of
refrigerant for use in MVAC that were manufactured or imported before
the January 1, 2018, compliance date irrespective of whether they have
a self-sealing valve.
The Automotive Refrigeration Products Institute and the Auto Care
Association inquired about whether the language in 40 CFR
82.154(c)(1)(ix) effectively negates the provision in 40 CFR
82.154(c)(2) and the preamble discussion showing EPA's intention to
allow small cans of refrigerant for use in MVAC manufactured or
imported before January 1, 2018, to continue to be sold without self-
sealing valves. EPA is proposing this rule to revise the regulatory
text so that persons in possession of small cans of refrigerant for use
in MVAC without self-sealing valves that were manufactured or imported
before January 1, 2018, can be assured that they will be able to sell
off their existing inventories without disruption.
EPA has published a direct final rule making identical edits to the
regulatory text as those proposed here 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
further explained our reasons for this action in the preamble to the
direct final rule. For additional information on the action being
taken, see the direct final rule published in the Rules and Regulations
section of this Federal Register.
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. In that case, 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.
EPA is not proposing, and is not seeking comment on, any changes to the
regulations at 40 CFR part 82, subpart F other than the proposed
revisions discussed in this notice. For further information on how to
submit comments, please see the information provided in the ADDRESSES
section of this document.
II. Does this action apply to me?
Categories and entities potentially affected by this action include
entities that distribute or sell small cans refrigerant for use in
MVAC. Regulated entities include, but are not limited to, manufacturers
and distributors of small cans of refrigerant (NAICS codes 325120,
441310, 447110) such as automotive parts and accessories stores and
industrial gas manufacturers.
This list is not intended to be exhaustive, but rather to provide a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility, company, business, or
organization could be regulated by this action, you should carefully
examine the regulations at 40 CFR part 82, subpart F. 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.
III. 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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities
[[Page 45255]]
contained in the existing regulations and has assigned OMB control
number 2060-0256. These changes do not add information collection
requirements beyond those currently required under the applicable
regulations.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action clarifies that small cans of
refrigerant for use in MVAC may be sold to persons who are not
certified technicians even if they are not equipped with a self-sealing
valve, so long as those small cans are manufactured or imported prior
to January 1, 2018. We have therefore concluded that this action will
have no net regulatory burden for all directly regulated small
entities.
D. Unfunded Mandates Reform Act
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action corrects a potential conflict in the
refrigerant management regulations as to whether or not small cans of
refrigerant for use in MVAC could be sold to non-technicians if they
were manufactured or imported prior to January 1, 2018, and do not have
a self-sealing valve. This action clarifies that those small cans of
refrigerant for use in MVAC may be sold to persons who are not
certified technicians.
E. Executive Order 13132: Federalism
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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action corrects a potential conflict in the
refrigerant management regulations as to whether or not small cans of
refrigerant for use in MVAC could be sold to non-technicians if they
were manufactured or imported prior to January 1, 2018, and do not have
a self-sealing valve. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action does not affect the level of protection provided to
human health or the environment. This action corrects a potential
conflict in the refrigerant management regulations as to whether or not
small cans of refrigerant for use in MVAC could be sold to non-
technicians if they were manufactured or imported prior to January 1,
2018, and do not have a self-sealing valve. This action clarifies that
those small cans of refrigerant for use in MVAC may be sold to persons
who are not certified technicians. The documentation for this decision
is contained in Docket No. EPA-HQ-OAR-2017-0213, where EPA's assessment
of the underlying regulatory changes that necessitated this correction
found no disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples.
List of Subjects in 40 CFR Part 82
Environmental protection, Air pollution control, Chemicals,
Reporting and recordkeeping requirements.
Dated: September 21, 2017.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the preamble, the Environmental
Protection Agency proposes to amend 40 CFR part 82 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. In Sec. 82.154, revise paragraph (c)(1)(ix) to read as follows:
Sec. 82.154 Prohibitions.
* * * * *
(c) * * *
(1) * * *
(ix) The non-exempt substitute refrigerant is intended for use in
an MVAC and is sold in a container designed to hold two pounds or less
of refrigerant, has a unique fitting, and, if manufactured or imported
on or after January 1, 2018, has a self-sealing valve that complies
with the requirements of paragraph (c)(2) of this section.
* * * * *
[FR Doc. 2017-20838 Filed 9-27-17; 8:45 am]
BILLING CODE 6560-50-P
