Federal Register / Vol. 79, No. 217 / Monday, November 10, 2014 / Proposed Rules 66679 

Program, Part A, General Requirements 

and Applicability, and to Utah Rules 

R307–110–1 and R307–110–31. In 

addition, EPA is proposing approval of 

the January 28, 2014 submitted SIP 

revisions to Utah’s SIP Section X, 

Vehicle Inspection and Maintenance 

Program, Part F, Cache County, with 

clarification below, and to Utah Rule 

R307–110–36. EPA clarifies that with its 

proposed approval of Utah’s SIP Section 

X, Vehicle Inspection and Maintenance 

Program, Part F, Cache County, 

Appendix 2, the provisions in the 

BRHD’s Regulation 2013–1, Section 

9.4.6 and the diesel test procedures as 

specified in BRHD’s Regulation 2013–1, 

Appendix D are being proposed for 

approval only for purposes of 

strengthening the SIP. These provisions 

are not being proposed for approval as 

a diesel I/M program and are not being 

assigned any SIP credit. 

IX. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this action merely 

proposes to approve 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); 

• 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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

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, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: October 20, 2014. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2014–26630 Filed 11–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2014–0621; FRL–9918–59– 

OAR] 

RIN 2060–AS38 

Protection of Stratospheric Ozone: 

Extension of the Laboratory and 

Analytical Use Exemption for Essential 

Class I Ozone-Depleting Substances 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to extend the 

laboratory and analytical use exemption 

for the production and import of class 

I ozone-depleting substances through 

December 31, 2021. This action is 

proposed under the Clean Air Act in 

anticipation of upcoming actions by the 

Parties to the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer. The exemption allows the 

production and import of controlled 

substances in the United States for 

laboratory and analytical uses that have 

not been already identified by EPA as 

nonessential. 

DATES: Comments must be submitted by 

December 10, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0621, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-Docket@epa.gov. 

• Fax: (202) 566–9744. 

• Phone: (202) 566–1742. 

• U.S. Mail: Docket EPA–HQ–OAR– 

2014–0621, U.S. Environmental 

Protection Agency, EPA Docket Center, 

Air and Radiation Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460. 

• Hand Delivery or Courier: Docket 

EPA–HQ–OAR–2014–0621, EPA Docket 

Center—Public Reading Room, EPA 

West Building, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2014– 

0621. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 


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1 ‘‘Consumption’’ is defined as the amount of a 

substance produced in the United States, plus the 

amount imported into the United States, minus the 

amount exported from the United States to other 

Parties to the Montreal Protocol (see section 601(6) 

of the Clean Air Act). 

2Class I controlled substances are listed at 40 CFR 

part 82, subpart A, Appendix A. 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; by 

telephone: 202–343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially regulated by this 

action potentially include: (1) 

Pharmaceutical preparations 

manufacturing businesses (NAICS code 

325412); (2) medical and diagnostic 

laboratories (NAICS code 621511); (3) 

research and development in the 

physical, engineering, and life sciences 

(NAICS code 54171); and (4) 

environmental consulting services 

(NAICS code 541620). 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 promulgated at 40 CFR 

part 82, subpart A. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding section. 

B. What should I consider when 

preparing my comments? 

1. Confidential Business Information. 

Do not submit confidential business 

information (CBI) to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Extension of the Laboratory and 

Analytical Use Exemption 

The Montreal Protocol on Substances 

That Deplete the Ozone Layer (Montreal 

Protocol, or Protocol) is the 

international agreement to reduce and 

eventually eliminate the global 

production and consumption 1 of ozonedepleting substances (ODS). This goal is 

accomplished through adherence by 

each country that is a Party to the 

Montreal Protocol to phaseout 

schedules for specific controlled 

substances. The Protocol established 

January 1, 1996, as the date by which 

the production and import of most 

substances classified as ‘‘class I 

controlled substances’’ under the Clean 

Air Act—including chlorofluorocarbons 

(CFCs), carbon tetrachloride, and methyl 

chloroform 2—were phased out in 

developed countries, including the 

United States. The Clean Air Act grants 

EPA the authority to implement the 

Protocol’s phaseout schedules in the 

United States. Section 604 of the Clean 

Air Act requires EPA to issue 

regulations phasing out production and 

consumption of class I ODS according to 

a prescribed schedule. EPA’s phaseout 

regulations for ODS are codified at 40 

CFR part 82, subpart A. 

The Montreal Protocol provides 

exemptions that allow for the continued 

import and/or production of ODS for 

specific uses. For most class I ODS, the 

Parties may collectively grant 

exemptions to the ban on production 

and import of ODS for uses that they 

determine to be ‘‘essential.’’ For 

example, with respect to CFCs, Article 

2A(4) provides that the phaseout will 

apply ‘‘save to the extent that the Parties 

decide to permit the level of production 

or consumption that is necessary to 

satisfy uses agreed by them to be 

essential.’’ Similar language appears in 

the control provisions for halons (Art. 

2B), carbon tetrachloride (Art. 2D), 

methyl chloroform (Art. 2E), 

hydrobromofluorocarbons (Art. 2G), and 

chlorobromomethane (Art. 2I). As 

defined by Decision IV/25 of the Parties, 

‘‘use of a controlled substance should 

qualify as ‘essential’ only if: (i) It is 

necessary for the health, safety or is 

critical for the functioning of society 

(encompassing cultural and intellectual 

aspects); and (ii) there are no available 

technically and economically feasible 

alternatives or substitutes that are 

acceptable from the standpoint of 

environment and health.’’ 

Decision X/19 under the Montreal 

Protocol (taken in 1998) allowed a 


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general exemption for essential 

laboratory and analytical uses through 

December 31, 2005. EPA codified this 

exemption at 40 CFR part 82, subpart A. 

While the Clean Air Act does not 

specifically provide for this exemption, 

EPA determined that an exemption for 

essential laboratory and analytical uses 

was allowable under the Act as a de 

minimis exemption. EPA addressed the 

de minimis exemption in a regulation 

issued March 13, 2001 (66 FR 14760). 

Decision X/19 also requested the 

Montreal Protocol’s Technology and 

Economic Assessment Panel (TEAP), a 

group of technical experts from various 

Parties, to report annually to the Parties 

to the Montreal Protocol on laboratory 

and analytical procedures that could be 

performed without the use of controlled 

substances. It further stated that at 

future Meetings of the Parties (MOPs), 

the Parties would decide whether such 

procedures should no longer be eligible 

for exemptions. Based on the TEAP’s 

recommendation, the Parties to the 

Montreal Protocol decided in 1999 

(Decision XI/15) that the general 

exemption no longer applied to the 

following uses: testing of oil and grease 

and total petroleum hydrocarbons in 

water; testing of tar in road-paving 

materials; and forensic finger-printing. 

EPA incorporated these exclusions at 

Appendix G to subpart A of 40 CFR part 

82 on February 11, 2002 (67 FR 6352). 

At the 18th MOP, the Parties 

acknowledged the need for methyl 

bromide for laboratory and analytical 

procedures, and added methyl bromide 

to the ODS under the essential 

laboratory and analytical use 

exemption. Decision XVIII/15 outlined 

specific uses and exclusions for methyl 

bromide under the exemption. EPA 

incorporated specific uses of methyl 

bromide in the essential laboratory and 

analytical use exemption at Appendix G 

to subpart A of 40 CFR part 82 on 

December 27, 2007 (72 FR 73264). 

In November 2009, at the 21st MOP, 

the Parties in Decision XXI/6 extended 

the global laboratory and analytical use 

exemption through December 31, 2014. 

Based on this decision, EPA amended 

the regulation at 40 CFR 82.8(b) to 

extend the essential laboratory and 

analytical use exemption through 

December 31, 2014 (76 FR 77909, 

December 15, 2011). Decision XXI/6 

also notes laboratory and analytical uses 

of ODS for which the TEAP and its 

Chemicals Technical Options 

Committee (CTOC), determined that 

alternative procedures exist. However, 

the Parties did not exclude any of those 

procedures from the exemption for 

laboratory and analytical uses. 

At the July 2014 Open Ended Working 

Group meeting of the Montreal Protocol, 

the United States Government 

submitted a draft Decision to extend the 

global laboratory and analytical use 

exemption through December 31, 2021. 

This draft Decision is available in the 

docket to this rule. The Parties will 

decide whether to extend the exemption 

at their next Meeting of the Parties in 

November 2014. 

A detailed discussion of the 

laboratory and analytical uses of ODS 

can be found in the regulation issued by 

EPA on March 13, 2001 (66 FR 14760). 

That rule also discusses how the 

controls in place for laboratory and 

analytical uses provide adequate 

assurance that very little, if any, 

environmental damage will result from 

the handling and disposal of the small 

amounts of class I ODS used in such 

applications, due to the Appendix G 

requirements for small quantity and 

high purity. For example, class I ODS 

must be sold in cylinders three liters or 

smaller or in glass ampoules 10 

milliliter or smaller. Since issuing the 

original exemption, EPA has not 

received information that would suggest 

otherwise. 

U.S. production and consumption of 

ODS under the laboratory and analytical 

use exemption is on a general decline, 

indicating that many users have been 

able to transition from ozone-depleting 

substances. However, certain laboratory 

procedures continue to require the use 

of class I substances in the United 

States. Because non-ODS replacements 

for the class I substances have not been 

identified for all uses, EPA is proposing 

to extend this exemption through 

December 31, 2021. 

EPA believes an extension of seven 

years is warranted, as it is unlikely that 

non-ODS replacements will be in place 

for all laboratory and analytical uses 

prior to that time. An extension of this 

length would also minimize uncertainty 

for stakeholders and promote 

administrative efficiency. EPA 

recognizes that the Parties may not agree 

to extend the exemption or may agree to 

an expiration date that is earlier than 

December 31, 2021. In either event, EPA 

will not adopt a final rule containing an 

extension beyond that agreed by the 

Parties. 

EPA welcomes comment on a variety 

of potential scenarios including no 

extension or an extension shorter than 

seven years. While there is uncertainty 

about the length of the extension, EPA 

believes it is appropriate to propose this 

rule prior to action being taken by the 

Parties to the Protocol to avoid a 

significant gap in the availability of this 

exemption. Because the Parties will not 

take a Decision until November 2014, 

EPA is requesting public input now so 

as to be able to finalize an extension 

shortly after the Meeting of the Parties. 

EPA notes that if the exemption lapses, 

stocks of existing class I ODS produced 

or imported under the exemption can 

continue to be sold by distributors and 

used by laboratories as the prohibition 

applies only to the production and 

import of class I ODS. 

EPA is also seeking comment from 

standards organizations that either 

continue to use ODS in their standards 

or that have developed new standards. 

Similarly, EPA is interested in comment 

from laboratories that continue to use 

ODS or that have transitioned to ozonesafe alternatives. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 

contained in the existing regulations 

and has assigned OMB control number 

2060–0170. This action extends but 

does not modify the existing exemption 

from the phaseout of class I ODS. 

C. Regulatory Flexibility Act 

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 

provides an otherwise unavailable 

benefit to those companies that obtain 

ozone-depleting substances under the 

essential laboratory and analytical use 

exemption. We have therefore 

concluded that this action will relieve 


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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. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

This action merely extends the essential 

laboratory and analytical use exemption 

from the 1996 and 2005 phaseouts of 

class I ODS production and 

consumption until December 31, 2021. 

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 rule does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments, nor does it impose any 

enforceable duties on communities of 

Indian tribal governments. This action 

would extend the essential laboratory 

and analytical use exemption from the 

1996 and 2005 phaseouts of class I ODS 

production and consumption until 

December 31, 2021. Thus, Executive 

Order 13175 does not apply to this 

action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that the agency 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 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

controls in place for laboratory and 

analytical uses provide adequate 

assurance that very little, if any, 

environmental impact will result from 

the handling and disposal of the small 

amounts of class I ODS used in such 

applications. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Chlorofluorocarbons, Imports, Methyl 

chloroform, Ozone, Reporting and 

recordkeeping requirements. 

Dated: October 31, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR part 82 is proposed to 

be amended 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. Section 82.8 is amended by revising 

paragraph (b) to read as follows: 

§ 82.8 Grant of essential use allowances 

and critical use allowances. 

* * * * * 

(b) A global exemption for class I 

controlled substances for essential 

laboratory and analytical uses shall be 

in effect through December 31, 2021, 

subject to the restrictions in appendix G 

of this subpart, and subject to the 

recordkeeping and reporting 

requirements at § 82.13(u) through (x). 

There is no amount specified for this 

exemption. 

* * * * * 

[FR Doc. 2014–26530 Filed 11–7–14; 8:45 am] 

BILLING CODE 6560–50–P 


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