82_FR_45440 82 FR 45253 - Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant

82 FR 45253 - Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45253-45255
FR Document2017-20838

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 rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

Federal Register, Volume 82 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Proposed Rules]
[Pages 45253-45255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20838]


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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 http://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 http://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: [email protected].

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



                                                                       Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules                                                45253

                                                    requirements contained in Merrimack                     Table 5 (‘‘Monitoring and Testing                     appropriate, disproportionate human
                                                    Station’s permit, TP–0189, to                           Requirements’’); items 1 and 2 in Table               health or environmental effects, using
                                                    demonstrate how compliance with                         6 (‘‘Recordkeeping Requirements’’); and               practicable and legally permissible
                                                    Merrimack Station’s SO2 emission limit                  items 1 and 2 in Table 7 (‘‘Reporting                 methods, under Executive Order 12898
                                                    will be achieved and determined. EPA                    Requirements’’).                                      (59 FR 7629, February 16, 1994).
                                                    is proposing to approve into the New                       EPA has made, and will continue to                    In addition, the SIP is not approved
                                                    Hampshire SIP the provisions of                         make, these materials generally                       to apply on any Indian reservation land
                                                    Merrimack Station’s permit, TP–0189,                    available through www.regulations.gov                 or in any other area where EPA or an
                                                    that constitute the SO2 operating and                   and/or at the EPA Region 1 Office                     Indian tribe has demonstrated that a
                                                    emission limits and their associated                    (please contact the person identified in              tribe has jurisdiction. In those areas of
                                                    monitoring, testing, recordkeeping, and                 the FOR FURTHER INFORMATION CONTACT                   Indian country, the rule does not have
                                                    reporting requirements. EPA is                          section of this preamble for more                     tribal implications and will not impose
                                                    proposing to approve these provisions                   information).                                         substantial direct costs on tribal
                                                    into the State’s SIP through                                                                                  governments or preempt tribal law as
                                                    incorporation by reference, as described                IX. Statutory and Executive Order
                                                                                                                                                                  specified by Executive Order 13175 (65
                                                    in section VIII, below. EPA’s analysis is               Reviews
                                                                                                                                                                  FR 67249, November 9, 2000).
                                                    discussed in this proposed rulemaking.                     Under the CAA, the Administrator is
                                                       EPA is not proposing to remove from                  required to approve a SIP submission                  List of Subjects in 40 CFR Part 52
                                                    the existing New Hampshire SIP, Table                   that complies with the provisions of the                Environmental protection, Air
                                                    4, items 6, 8, and 10 contained in                      Act and applicable Federal regulations.               pollution control, Incorporation by
                                                    Merrimack Station’s July 2011 permit,                   42 U.S.C. 7410(k); 40 CFR 52.02(a).                   Reference, Intergovernmental relations,
                                                    TP–0008, because EPA has not received                   Thus, in reviewing SIP submissions,                   Reporting and recordkeeping
                                                    a request from the State to do so. See                  EPA’s role is to approve state choices,               requirements, Sulfur oxides.
                                                    52.1520(d) EPA-approved State Source                    provided that they meet the criteria of                 Authority: 42 U.S.C. 7401 et seq.
                                                    specific requirements. However, EPA                     the CAA. Accordingly, this proposed
                                                    considers those provisions to be                        action merely approves state law as                     Dated: September 15, 2017.
                                                    superseded by the conditions of TP–                     meeting Federal requirements and does                 Ken Moraff,
                                                    0189, which are more stringent, and                     not impose additional requirements                    Acting Regional Administrator, EPA New
                                                    which are to be incorporated into the                   beyond those imposed by state law. For                England.
                                                    SIP in this proposed action.                            that reason, this proposed action:                    [FR Doc. 2017–20721 Filed 9–27–17; 8:45 am]
                                                    Specifically, two of the provisions,                       • Is not a ‘‘significant regulatory                BILLING CODE 6560–50–P
                                                    items 6 and 8 from Table 4, relate to SO2               action’’ subject to review by the Office
                                                    emissions limits that have been                         of Management and Budget under
                                                    superseded by Merrimack Station’s                       Executive Order 12866 58 FR 51735,                    ENVIRONMENTAL PROTECTION
                                                    September 2016 permit, TP–0189. Item                    October 4, 1993) and 13563 (76 FR 3821,               AGENCY
                                                    10 from Table 4 has also been                           January 21, 2011);
                                                    superseded by Merrimack Station’s                          • does not impose an information                   40 CFR Part 82
                                                    September 2016 permit, TP–0189, in                      collection burden under the provisions                [EPA–HQ–OAR–2017–0213; FRL–9968–67–
                                                    that the existing SIP provision allowed                 of the Paperwork Reduction Act (44                    OAR]
                                                    operation of one of Merrimack Station’s                 U.S.C. 3501 et seq.);
                                                                                                                                                                  RIN 2060–AT43
                                                    two boilers, MK1, for up to 840 hours                      • is certified as not having a
                                                    in any consecutive 12-month period                      significant economic impact on a                      Protection of Stratospheric Ozone:
                                                    through the emergency bypass stack,                     substantial number of small entities                  Refrigerant Management Regulations
                                                    i.e., not through the FGD. Each of the                  under the Regulatory Flexibility Act (5               for Small Cans of Motor Vehicle
                                                    corresponding provisions of Merrimack                   U.S.C. 601 et seq.);                                  Refrigerant
                                                    Station’s September 2016 permit, TP–                       • does not contain any unfunded
                                                    0189, are more stringent than those                     mandate or significantly or uniquely                  AGENCY:  Environmental Protection
                                                    existing SIP provisions. EPA is taking                  affect small governments, as described                Agency (EPA).
                                                    public comments for thirty days                         in the Unfunded Mandates Reform Act                   ACTION: Proposed rule.
                                                    following the publication of this                       of 1995 (Pub. L. 104–4);
                                                    proposed action in the Federal Register.                   • does not have Federalism                         SUMMARY:    EPA is proposing this action
                                                    We will take all comments into                          implications as specified in Executive                to correct an editing oversight that lead
                                                    consideration in our final action.                      Order 13132 (64 FR 43255, August 10,                  to a potential conflict in a prior
                                                                                                            1999);                                                rulemaking as to whether or not
                                                    VIII. Incorporation by Reference
                                                                                                               • is not an economically significant               containers holding two pounds or less
                                                       In this rule, EPA is proposing to                    regulatory action based on health or                  of non-exempt substitute refrigerants for
                                                    include in a final EPA rule regulatory                  safety risks subject to Executive Order               use in motor vehicle air conditioning
                                                    text that includes incorporation by                     13045 (62 FR 19885, April 23, 1997);                  that are not equipped with a self-sealing
                                                    reference. In accordance with                              • is not a significant regulatory action           valve can be sold to persons that are not
                                                    requirements of 1 CFR 51.5, EPA is                      subject to Executive Order 13211 (66 FR               certified technicians, provided those
                                                    proposing to incorporate by reference                   28355, May 22, 2001);                                 small cans were manufactured or
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    certain federally enforceable provisions                   • is not subject to requirements of                imported prior to January 1, 2018. This
                                                    of Merrimack Station’s permit, TP–0189,                 Section 12(d) of the National                         action clarifies that those small cans
                                                    effective on September 1, 2016.                         Technology Transfer and Advancement                   may continue to be sold to persons that
                                                    Specifically, the following provisions of               Act of 1995 (15 U.S.C. 272 note) because              are not certified as technicians under
                                                    that permit are proposed to be                          application of those requirements would               sections 608 or 609 of the Clean Air Act.
                                                    incorporated by reference: Items 1, 2,                  be inconsistent with the CAA; and                     In the ‘‘Rules and Regulations’’ section
                                                    and 3 in Table 4 (‘‘Operating and                          • does not provide EPA with the                    of this Federal Register, EPA is
                                                    Emission Limits’’); items 1 and 2 in                    discretionary authority to address, as                publishing this action as a direct final


                                               VerDate Sep<11>2014   15:00 Sep 27, 2017   Jkt 241001   PO 00000   Frm 00046   Fmt 4702   Sfmt 4702   E:\FR\FM\28SEP1.SGM   28SEP1


                                                    45254              Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules

                                                    rule without a prior proposed rule. If we               for the sale of certain small cans of non-            this action in the preamble to the direct
                                                    receive no adverse comment, we will                     ozone-depleting substitutes with a self-              final rule. For additional information on
                                                    not take further action on this proposed                sealing valve to allow the do-it-yourself             the action being taken, see the direct
                                                    rule.                                                   community to continue servicing their                 final rule published in the Rules and
                                                    DATES: Written comments must be                         personal vehicles. However, the Agency                Regulations section of this Federal
                                                    received by October 30, 2017. Any party                 did not finalize a sell-through provision             Register.
                                                    requesting a public hearing must notify                 as proposed. Instead, EPA intended to                    If we receive no adverse comment, we
                                                    the contact listed below under FOR                      allow the continued sale of small cans                will not take further action on this
                                                    FURTHER INFORMATION CONTACT by 5 p.m.                   without self-sealing valves that were                 proposed rule. If we receive adverse
                                                    Eastern Daylight Time on October 5,                     manufactured or imported before                       comment, we will withdraw the direct
                                                    2017. If a public hearing is requested,                 January 1, 2018, and described that                   final rule and it will not take effect. In
                                                    the hearing will be held on or around                   intent in the preamble to the final rule.             that case, we would address all public
                                                    October 13, 2017. If a hearing is held,                 See 81 FR 82280, 82342.                               comments in any subsequent final rule
                                                    it will take place at EPA headquarters in                  These intentions were also expressed               based on this proposed rule.
                                                    Washington, DC. EPA will post a notice                  in the regulatory text at 40 CFR                         We do not intend to institute a second
                                                    on our Web site, www.epa.gov/                           82.154(c)(2), which was revised in the                comment period on this action. Any
                                                    section608, announcing further                          November 2016 rule to state: ‘‘Self-                  parties interested in commenting must
                                                    information should a hearing take place.                sealing valve specifications. This                    do so at this time. EPA is not proposing,
                                                    ADDRESSES: Submit your comments,
                                                                                                            provision applies starting January 1,                 and is not seeking comment on, any
                                                    identified by Docket ID No. EPA–HQ–                     2018, for all containers holding two                  changes to the regulations at 40 CFR
                                                    OAR–2017–0213, at http://                               pounds or less of non-exempt substitute               part 82, subpart F other than the
                                                    www.regulations.gov. Follow the online                  refrigerant for use in an MVAC that are               proposed revisions discussed in this
                                                                                                            manufactured or imported on or after                  notice. For further information on how
                                                    instructions for submitting comments.
                                                                                                            that date. (i) Each container holding two             to submit comments, please see the
                                                    Once submitted, comments cannot be
                                                                                                            pounds or less of non-exempt substitute               information provided in the ADDRESSES
                                                    edited or removed from Regulations.gov.
                                                                                                            refrigerant for use in an MVAC must be                section of this document.
                                                    EPA may publish any comment received
                                                                                                            equipped with a single self-sealing valve
                                                    to its public docket. Do not submit                                                                           II. Does this action apply to me?
                                                                                                            that automatically closes and seals
                                                    electronically any information you
                                                                                                            when not dispensing refrigerant . . . .’’                Categories and entities potentially
                                                    consider to be Confidential Business
                                                                                                            However, because of an editing error,                 affected by this action include entities
                                                    Information (CBI) or other information
                                                                                                            another provision, 40 CFR                             that distribute or sell small cans
                                                    whose disclosure is restricted by statute.
                                                                                                            82.154(c)(1)(ix), contains text that could            refrigerant for use in MVAC. Regulated
                                                    Multimedia submissions (audio, video,                   be construed as contradicting the
                                                    etc.) must be accompanied by a written                                                                        entities include, but are not limited to,
                                                                                                            Agency’s clearly expressed intent to                  manufacturers and distributors of small
                                                    comment. The written comment is                         allow non-technicians to purchase, and
                                                    considered the official comment and                                                                           cans of refrigerant (NAICS codes
                                                                                                            retailers to sell, small cans of refrigerant          325120, 441310, 447110) such as
                                                    should include discussion of all points                 for use in MVAC that were
                                                    you wish to make. EPA will generally                                                                          automotive parts and accessories stores
                                                                                                            manufactured or imported before the                   and industrial gas manufacturers.
                                                    not consider comments or comment                        January 1, 2018, compliance date
                                                    contents located outside of the primary                                                                          This list is not intended to be
                                                                                                            irrespective of whether they have a self-             exhaustive, but rather to provide a guide
                                                    submission (i.e., on the web, cloud, or                 sealing valve.
                                                    other file sharing system). For                                                                               for readers regarding entities likely to be
                                                                                                               The Automotive Refrigeration
                                                    additional submission methods, the full                                                                       regulated by this action. To determine
                                                                                                            Products Institute and the Auto Care
                                                    EPA public comment policy,                                                                                    whether your facility, company,
                                                                                                            Association inquired about whether the
                                                    information about CBI or multimedia                                                                           business, or organization could be
                                                                                                            language in 40 CFR 82.154(c)(1)(ix)
                                                    submissions, and general guidance on                                                                          regulated by this action, you should
                                                                                                            effectively negates the provision in 40
                                                    making effective comments, please visit                                                                       carefully examine the regulations at 40
                                                                                                            CFR 82.154(c)(2) and the preamble
                                                    http://www2.epa.gov/dockets/                                                                                  CFR part 82, subpart F. If you have
                                                                                                            discussion showing EPA’s intention to
                                                    commenting-epa-dockets.                                                                                       questions regarding the applicability of
                                                                                                            allow small cans of refrigerant for use in
                                                    FOR FURTHER INFORMATION CONTACT: Sara
                                                                                                                                                                  this action to a particular entity, consult
                                                                                                            MVAC manufactured or imported before
                                                    Kemme by regular mail: U.S.                                                                                   the person listed in the FOR FURTHER
                                                                                                            January 1, 2018, to continue to be sold
                                                                                                                                                                  INFORMATION CONTACT section.
                                                    Environmental Protection Agency,                        without self-sealing valves. EPA is
                                                    Stratospheric Protection Division                       proposing this rule to revise the                     III. Statutory and Executive Order
                                                    (6205T), 1200 Pennsylvania Avenue                       regulatory text so that persons in                    Reviews
                                                    NW., Washington, DC 20460; by                           possession of small cans of refrigerant
                                                    telephone: (202) 566–0511; or by email:                 for use in MVAC without self-sealing                  A. Executive Order 12866: Regulatory
                                                    kemme.sara@epa.gov.                                     valves that were manufactured or                      Planning and Review and Executive
                                                                                                            imported before January 1, 2018, can be               Order 13563: Improving Regulation and
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            assured that they will be able to sell off            Regulatory Review
                                                    I. Why is EPA issuing this Proposed                     their existing inventories without                      This action is not a significant
                                                    Rule?                                                   disruption.                                           regulatory action and was therefore not
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                       On November 18, 2016, EPA                               EPA has published a direct final rule              submitted to the Office of Management
                                                    published a rule finalizing a restriction               making identical edits to the regulatory              and Budget (OMB) for review.
                                                    that non-exempt substitute refrigerants                 text as those proposed here in the
                                                    may only be sold to technicians certified               ‘‘Rules and Regulations’’ section of this             B. Paperwork Reduction Act (PRA)
                                                    under sections 608 or 609 of the CAA                    Federal Register because we view this                   This action does not impose any new
                                                    (81 FR 82280). In the case of refrigerant               as a noncontroversial action and                      information collection burden under the
                                                    for use in motor vehicle air conditioning               anticipate no adverse comment. We                     PRA. OMB has previously approved the
                                                    (MVAC), EPA finalized the exemption                     have further explained our reasons for                information collection activities


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                                                                       Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Proposed Rules                                                45255

                                                    contained in the existing regulations                   F. Executive Order 13175: Consultation                management regulations as to whether
                                                    and has assigned OMB control number                     and Coordination With Indian Tribal                   or not small cans of refrigerant for use
                                                    2060–0256. These changes do not add                     Governments                                           in MVAC could be sold to non-
                                                    information collection requirements                       This action does not have tribal                    technicians if they were manufactured
                                                    beyond those currently required under                   implications as specified in Executive                or imported prior to January 1, 2018,
                                                    the applicable regulations.                             Order 13175. This action corrects a                   and do not have a self-sealing valve.
                                                                                                            potential conflict in the refrigerant                 This action clarifies that those small
                                                    C. Regulatory Flexibility Act (RFA)
                                                                                                            management regulations as to whether                  cans of refrigerant for use in MVAC may
                                                       I certify that this action will not have             or not small cans of refrigerant for use              be sold to persons who are not certified
                                                    a significant economic impact on a                      in MVAC could be sold to non-                         technicians. The documentation for this
                                                    substantial number of small entities                    technicians if they were manufactured                 decision is contained in Docket No.
                                                    under the RFA. In making this                           or imported prior to January 1, 2018,                 EPA–HQ–OAR–2017–0213, where
                                                    determination, the impact of concern is                 and do not have a self-sealing valve.                 EPA’s assessment of the underlying
                                                    any significant adverse economic                        Thus, Executive Order 13175 does not                  regulatory changes that necessitated this
                                                    impact on small entities. An agency may                 apply to this action.                                 correction found no disproportionately
                                                    certify that a rule will not have a                                                                           high and adverse human health or
                                                    significant economic impact on a                        G. Executive Order 13045: Protection of               environmental effects on minority
                                                    substantial number of small entities if                 Children From Environmental Health                    populations, low-income populations
                                                    the rule relieves regulatory burden, has                Risks and Safety Risks                                and/or indigenous peoples.
                                                    no net burden or otherwise has a                          The EPA interprets Executive Order
                                                    positive economic effect on the small                                                                         List of Subjects in 40 CFR Part 82
                                                                                                            13045 as applying only to those
                                                    entities subject to the rule. This action               regulatory actions that concern                         Environmental protection, Air
                                                    clarifies that small cans of refrigerant for            environmental health or safety risks that             pollution control, Chemicals, Reporting
                                                    use in MVAC may be sold to persons                      the EPA has reason to believe may                     and recordkeeping requirements.
                                                    who are not certified technicians even if               disproportionately affect children, per                 Dated: September 21, 2017.
                                                    they are not equipped with a self-sealing               the definition of ‘‘covered regulatory                E. Scott Pruitt,
                                                    valve, so long as those small cans are                  action’’ in section 2–202 of the
                                                    manufactured or imported prior to                                                                             Administrator.
                                                                                                            Executive Order. This action is not
                                                    January 1, 2018. We have therefore                      subject to Executive Order 13045                        For the reasons set forth in the
                                                    concluded that this action will have no                 because it does not concern an                        preamble, the Environmental Protection
                                                    net regulatory burden for all directly                  environmental health risk or safety risk.             Agency proposes to amend 40 CFR part
                                                    regulated small entities.                                                                                     82 as follows:
                                                                                                            H. Executive Order 13211: Actions That
                                                    D. Unfunded Mandates Reform Act                         Significantly Affect Energy Supply,                   PART 82—PROTECTION OF
                                                      This action does not contain any                      Distribution, or Use                                  STRATOSPHERIC OZONE
                                                    unfunded mandate as described in                          This action is not subject to Executive
                                                    UMRA, 2 U.S.C. 1531–1538, and does                      Order 13211, because it is not a                      ■ 1. The authority citation for part 82
                                                    not significantly or uniquely affect small              significant regulatory action under                   continues to read as follows:
                                                    governments. This action corrects a                     Executive Order 12866.                                  Authority: 42 U.S.C. 7414, 7601, 7671–
                                                    potential conflict in the refrigerant                                                                         7671q.
                                                    management regulations as to whether                    I. National Technology Transfer and
                                                    or not small cans of refrigerant for use                Advancement Act                                       ■ 2. In § 82.154, revise paragraph
                                                    in MVAC could be sold to non-                                                                                 (c)(1)(ix) to read as follows:
                                                                                                              This rulemaking does not involve
                                                    technicians if they were manufactured                   technical standards.                                  § 82.154   Prohibitions.
                                                    or imported prior to January 1, 2018,                                                                         *     *     *     *    *
                                                    and do not have a self-sealing valve.                   J. Executive Order 12898: Federal
                                                                                                            Actions To Address Environmental                        (c) * * *
                                                    This action clarifies that those small
                                                    cans of refrigerant for use in MVAC may                 Justice in Minority Populations and                     (1) * * *
                                                    be sold to persons who are not certified                Low-Income Populations                                  (ix) The non-exempt substitute
                                                    technicians.                                               The EPA believes that this action does             refrigerant is intended for use in an
                                                                                                            not have disproportionately high and                  MVAC and is sold in a container
                                                    E. Executive Order 13132: Federalism                    adverse human health or environmental                 designed to hold two pounds or less of
                                                      This action does not have federalism                  effects on minority populations, low-                 refrigerant, has a unique fitting, and, if
                                                    implications. It will not have substantial              income populations and/or indigenous                  manufactured or imported on or after
                                                    direct effects on the states, on the                    peoples, as specified in Executive Order              January 1, 2018, has a self-sealing valve
                                                    relationship between the national                       12898 (59 FR 7629, February 16, 1994).                that complies with the requirements of
                                                    government and the states, or on the                       This action does not affect the level of           paragraph (c)(2) of this section.
                                                    distribution of power and                               protection provided to human health or                *     *     *     *    *
                                                    responsibilities among the various                      the environment. This action corrects a               [FR Doc. 2017–20838 Filed 9–27–17; 8:45 am]
                                                    levels of government.                                   potential conflict in the refrigerant                 BILLING CODE 6560–50–P
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Document Created: 2017-09-28 01:32:59
Document Modified: 2017-09-28 01:32:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten 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.
ContactSara 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: [email protected]
FR Citation82 FR 45253 
RIN Number2060-AT43
CFR AssociatedEnvironmental Protection; Air Pollution Control; Chemicals and Reporting and Recordkeeping Requirements

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