Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46989 

TABLE 9—EPA-APPROVED PINAL COUNTY AIR POLLUTION CONTROL REGULATIONS—Continued 

County 

citation Title/subject 

State 

effective 

date 

EPA approval 

date Additional explanation 

5–20–400 ....... Administrative Requirements.August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–400 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

5–20–500 ....... Monitoring and Records .. August 5, 2020 August 23, 2021, [INSERT Federal Register CITATION].The August 5, 2020 version of section 5–20–500 

replaces the November 30, 2016 version that had 

been approved on August 9, 2019 (84 FR 

39196). The RACT rule for Storage and Loading 

of Gasoline at Gasoline Dispensing Facilities 

consists of Pinal County Air Quality Control District sections 5–20–100, 5–20–200, 5–20–300, 5– 

20–400, and 5–20–500. 

* * * * * * * 

* * * * * 

■ 3. Section 52.122 is amended by 

adding paragraph (a)(2)(ii) to read as 

follows: 

§ 52.122 Negative declarations. 

* * * * * 

(a) * * * 

(2) * * * 

(ii) The following negative 

declarations for the 2008 ozone NAAQS 

were adopted on August 5, 2020 and 

submitted on August 20, 2020. 

EPA document No. Title 

EPA–450/2–77–037 ............ Cutback Asphalt. 

EPA 453/R–08–003 ............ Miscellaneous Metal Parts Coatings Tables 3–6 Plastic Parts and Products; Automotive/Transportation and Business Machine Plastic Parts; Pleasure Craft Surface Coatings; Motor Vehicle Materials. 

EPA 453/B–16–001 ............ Control Techniques Guidelines for the Oil and Natural Gas Industry. 

N/A ...................................... Major non CTG VOC sources. 

N/A ...................................... Major NOX sources. 

§ 52.124 [Amended] 

■ 4. Section 52.124 is amended by 

removing and reserving paragraph (b). 

[FR Doc. 2021–16862 Filed 8–20–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2020–0431, FRL–8851–02– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York; Revision to Section 111(d) State 

Plan for MSW Landfills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

New York’s section 111(d) state plan 

(the ‘‘State Plan’’) for Municipal Solid 

Waste (MSW) landfills, pursuant to the 

Clean Air Act (‘‘CAA’’ or the ‘‘Act’’). 

The State Plan revision consists of 

amendments to ‘‘Landfill Gas Collection 

and Control Systems for Certain 

Municipal Solid Waste Landfills,’’ as 

well as attendant revisions to the 

‘‘General Provisions.’’ New York has 

implemented this regulation to 

incorporate by reference the revised 

Emission Guideline (EG) promulgated 

by the EPA for existing MSW landfills 

on August 29, 2016. The purpose of the 

revised Emission Guideline is to reduce 

emissions of landfill gas containing 

Non-methane Organic Compounds 

(NMOC) and methane by lowering the 

emission threshold at which an existing 

MSW landfill must install and operate 

a Gas Collection and Control System 

(GCCS). The emissions threshold 

reduction will address air emissions 

from all affected MSW landfills, 

including NMOC and methane. The 

reduction of emissions will improve air 

quality and protect the public health 

from exposure to landfill gas emissions. 

DATES: This final rule is effective on 

September 22, 2021. The incorporation 

by reference of certain material listed in 

the rule is approved by the Director of 

the Federal Register September 22, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2020–0431. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

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 through 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, Region 2, 290 

Broadway, New York, New York 10007– 

1866, at (212) 637–3378, or by email at 

Taveras.Fausto@epa.gov. 


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46990 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

I. What action is the EPA taking today? 

II. What are the details of the EPA’s action? 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What action is the EPA taking? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA taking today? 

The EPA is approving the State of 

New York’s revised section 111(d) state 

plan for MSW landfills, for the purpose 

of incorporating the adoption of Title 6 

of the New York Codes, Rules, and 

Regulations (NYCRR) Part 208. In a 

letter dated December 11, 2019, the New 

York State Department of 

Environmental Conservation (NYSDEC), 

on behalf of the State of New York, 

submitted to the EPA a state plan 

entitled, ‘‘Landfill Gas Collection and 

Control Systems for Certain Municipal 

Solid Waste Landfills,’’ which contains 

a New York State-approved regulation 

for the purpose of lowering the 

emissions threshold within MSW 

landfills through the installation of Gas 

Collection and Control Systems (GCCS). 

The State Plan incorporates by reference 

the revised Emission Guidelines (EG) 

codified at 40 CFR part 60 subpart Cf, 

which applies to MSW landfills that 

have accepted waste at any time since 

November 8, 1987, and commenced 

construction, reconstruction, or 

modification on or before July 17, 2014. 

In accordance with the CAA, New 

York previously submitted a state plan 

on October 8, 1998, which was 

approved by the EPA on July 19, 1999. 

See 64 FR 38582 (Jul. 19, 1999). New 

York submitted a revised State Plan 

dated December 11, 2019 to fulfill the 

requirements of section 111(d) of the 

Act. The EPA is approving New York’s 

State Plan revision since it applies to 

major sources of NMOC and methane 

emissions. This approval, once finalized 

and effective, will render New York’s 

revised MSW rule federally enforceable. 

II. What are the details of the EPA’s 

action? 

On March 12, 1996, the EPA 

promulgated federal Emission 

Guidelines (1996 EG), codified at 40 

CFR part 60 subpart Cc, ‘‘Standards of 

Performance for New Stationary Sources 

and Guidelines for Control of Existing 

Sources: Municipal Solid Waste 

Landfills.’’ See 61 FR 9905 (Mar. 12, 

1996). Under the 1996 EG, a state plan 

must include the installation of a gas 

collection and control system at each 

MSW landfill that accepted waste after 

November 8, 1987, has a design capacity 

greater than or equal to 2.5 million 

Megagrams (Mg) and 2.5 million cubic 

meters, and that emits NMOC at a rate 

of 50 Mg per year or more. See 40 CFR 

60.33c(b). In accordance with section 

111 of the CAA, on September 24, 2001, 

the NYSDEC promulgated 6 NYCRR Part 

208, ‘‘Landfill Gas Collection and 

Control Systems for Certain Municipal 

Solid Waste Landfills,’’ in compliance 

with the EPA’s federal EG for MSW 

landfills, codified at 40 CFR part 60 

subpart Cc. 

Due to significant changes within the 

landfill industry, such as increased 

scientific understanding of landfill gas 

emissions, changes in operation 

practices, and an increase in the average 

size and age of landfills, the EPA 

determined that it was appropriate to 

update the 1996 EG. As a result, on 

August 29, 2016, the EPA promulgated 

a revised EG, codified at 40 CFR part 60 

subpart Cf, entitled, ‘‘Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills.’’ See 

81 FR 59275 (Aug. 29, 2016). The 

revised EG updated the control 

requirements, monitoring, reporting, 

and recordkeeping provisions for 

existing MSW landfill sources. The 

revised EG is designed to significantly 

reduce emissions of landfill gas 

containing NMOC and methane by 

further reducing the emissions 

threshold at which a landfill must 

install and operate a GCCS. In contrast 

to the 1996 EG, the revised EG reduces 

the threshold for installing a GCCS to 34 

Mg/year of NMOC for active MSW 

landfills. Meanwhile, closed MSW 

landfills will retain the threshold of 50 

Mg/year of NMOC for installing a GCCS. 

In order to continue complying with the 

Act and the newly adopted EG, on 

August 5, 2019, New York adopted its 

revised 6 NYCRR Part 208, ‘‘Landfill 

Gas Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ and amended Part 200, 

‘‘General Provisions,’’ with an effective 

date of September 4, 2019. The purpose 

of the revisions was to incorporate by 

reference the revised EG for MSW 

landfills promulgated at 40 CFR part 60 

subpart Cf. 

In its proposal (see 86 FR 11485 (Feb. 

25, 2021)), the EPA evaluated New 

York’s State Plan for compliance with 

regulations at 40 CFR part 60 subpart Ba 

governing the timing and completeness 

requirements for the submission of state 

plans. See 40 CFR 60.23a and 60.27a. 

On August 26, 2019, the EPA finalized 

a rule (referred to as the ‘‘Ba Rule’’) that 

amended the EG codified at 40 CFR part 

60 subpart Cf to incorporate these 

subpart Ba timing and completeness 

requirements. See 84 FR 44547 (Aug. 26, 

2019); 40 CFR 60.30f. However, on 

January 19, 2021, the D.C. Circuit issued 

a decision vacating these requirements 

of subpart Ba, see Am. Lung Ass’n v. 

EPA, 985 F.3d 914, 991–95, and the 

court subsequently also vacated the Ba 

Rule in an April 5, 2021 order, see 

Environmental Defense Fund v. EPA, 

No. 19–1222, Dkt. 1893133. 

Accordingly, the review of New York’s 

State Plan is no longer subject to the 

timing and completeness requirements 

of the Ba Rule, and the requirements of 

40 CFR part 60 subpart B (sections 60.23 

and 60.27) now apply instead. 

The court’s vacatur of the Ba Rule 

does not affect the approvability of New 

York’s State Plan. First, the 

completeness requirements of subpart 

Ba evaluated at proposal no longer 

apply, and New York’s State Plan meets 

the applicable requirements of 40 CFR 

60.23 and 60.27. Further, the vacatur 

did not affect the substantive 

requirements of the EG at 40 CFR part 

60 subpart Cf. 

III. What comments were received in 

response to the EPA’s proposed action? 

The EPA received four comments 

during the 30-day public comment 

period in response to its February 25, 

2021 proposed approval of New York’s 

State Plan revision. The specific 

comments may be viewed under Docket 

ID Number EPA–R02–OAR–2020–0431 

on the http://www.regulations.gov 

website. Two public comments, posted 

on March 2, 2021 and March 26, 2021, 

support the EPA’s proposed rulemaking 

to approve New York’s revised State 

Plan. 

Two public comments, received on 

March 28, 2021 and March 29, 2021, 

were submitted by the New York 

Chapter of the Solid Waste Association 

of North America (SWANA–NY) and the 

National Waste & Recycling Association 

(NWRA). Both comments are 

substantially similar and acknowledge 

that New York’s State Plan was 

submitted to the EPA on December 11, 

2019. However, on March 26, 2020, the 

EPA promulgated the National Emission 

Standards for Hazardous Air Pollutants: 

Municipal Solid Waste Landfills 

Residual Risk and Technology Review 

(NESHAP MSW RTTR) (85 FR 17244). 

This final rule revised the most recent 

MSW Landfill New Source Performance 

Standards (NSPS) (see 40 CFR part 60 

subpart XXX) and EG (subpart Cf) in 

order to allow affected MSW landfills to 

demonstrate compliance with the 

‘‘major compliance provisions’’ of the 

NESHAP (40 CFR part 63 subpart 

AAAA) in lieu of complying with 

analogous provisions in the NSPS and 

EG. This revision permits affected MSW 


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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 46991 

landfills to follow one set of operational, 

compliance, monitoring, and reporting 

provisions for pressure and temperature 

measurements. The commenters state 

that since New York’s State Plan 

submittal predates the NESHAP MSW 

RTTR, it does not incorporate the 

NESHAP MSW RTTR. Both commenters 

recommend that the approval of New 

York’s State Plan be contingent on 

including these changes. 

The NESHAP MSW RTTR does not 

require affected MSW landfills to 

demonstrate compliance with the 

‘‘major compliance provisions’’ of the 

NESHAP AAAA in lieu of complying 

with the NSPS (subpart XXX) and the 

EG (subpart Cf). Instead, sources can, 

depending on the circumstances, 

demonstrate compliance through either 

the NESHAP AAAA, the NSPS, or the 

EG. With respect to the EG, the March 

26, 2020 revisions to subpart Cf 

permitted, but did not require, states to 

adopt the updates provided in the rule 

into their section 111(d) state plans. 

Accordingly, New York’s State Plan is 

approvable as submitted, despite the 

fact that it predates the promulgation of 

the NESHAP MSW RTTR, because it 

meets all of the requirements of 40 CFR 

part 60 subpart Cf. 

This concludes our response to the 

comments received. No changes have 

been made to the proposed rule as a 

result of the comments. 

IV. What is the EPA’s conclusion? 

The EPA has determined that New 

York’s revised State Plan meets all the 

applicable approval criteria as discussed 

above and, therefore, the EPA is 

approving New York State’s CAA 

section 111(d) revised State Plan for 

existing municipal solid waste landfills. 

V. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, the EPA is finalizing the 

incorporation by reference of the 6 

NYCRR Part 208, ‘‘Landfill Gas 

Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ regulation described in the 

amendments to 40 CFR part 62 set forth 

below. The EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov, Docket No. EPA– 

R02–OAR–2020–0431 and in hard copy 

at the EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Pursuant to EPA regulations, the 

Administrator may approve a plan or 

any portion thereof upon a 

determination that it meets sections 

111(d) and 129 of the Act and 

applicable regulations. See 40 CFR 

62.02. 

Accordingly, this action, once 

finalized, would merely approve state 

law that meets federal requirements, 

and would not impose additional 

requirements beyond those imposed by 

state law. For that reason, this action, 

once finalized: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735 

(Oct. 4, 1993)); and Executive Order 

13563 (76 FR 3821 (Jan. 21, 2011)); 

• Is not an Executive Order 13771 (82 

FR 9339 (Feb. 3, 2017)) regulatory action 

because section 111(d) plan approvals 

are exempted under Executive Order 

12866; 

• 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 (Aug. 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 the 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 (Feb. 16, 1994)). 

In addition, this rule is not approved 

to apply on any Indian reservation land 

or in any other area where the 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 compliance costs on 

tribal governments, or preempt tribal 

law, as specified by Executive Order 

13175 (65 FR 67249 (Nov. 9, 2000)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Landfills, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

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

Dated: August 6, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 62 as set 

forth below: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Section 62.8104 is revised to read 

as follows: 

§ 62.8104 Identification of plan. 

(a) Identification of plan. On 

December 11, 2019, the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

the Environmental Protection Agency 

(EPA) a Clean Air Act revised section 

111(d) state plan, to incorporate 

revisions to Title 6 NYCRR Parts 208 

and 200 for the implementation of 40 

CFR part 60, subpart Cf, ‘‘Emissions 

Guidelines for Municipal Solid Waste 

Landfills.’’ 

(b) Identification of sources. The plan 

applies to all existing municipal solid 

waste landfills under the jurisdiction of 

the New York State Department of 

Environmental Conservation that have 

accepted waste after November 8, 1987, 

and began construction, reconstruction, 

or modification on or prior to July 17, 

2014, and have a design capacity 

threshold of 2.5 million megagrams (Mg) 

and 2.5 million cubic meters, as 

described in 40 CFR 60 subpart Cf. 

(c) Effective date. The effective date of 

the plan for September 22, 2021. 

(d) Incorporation by reference. (1) The 

material incorporated by reference in 


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46992 Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations 

1Under the CAA, certain ODS are classified as 

‘‘class I’’ substances. Class I substances are listed in 

Appendix A to 40 CFR part 82, subpart A. 

2 Decision XXXI/5: Laboratory and Analytical 

Uses, available online at: https://ozone.unep.org/ 

treaties/montreal-protocol/meetings/thirty-firstmeeting-parties/decisions/decision-xxxi5. 

3Consumption is defined in § 82.3 as ‘‘production 

plus imports minus exports of a controlled 

substance (other than transhipments, or used 

controlled substances).’’ 

4These 2018 data are available in the docket to 

this rule as well as on the Montreal Protocol’s 

Ozone Secretariat’s Data Centre web page: https:// 

ozone.unep.org/countries/data-table. 

5At the time of publication for the proposed 

rulemaking, the 2019 data were not yet available, 

but can now be found on the Montreal Protocol’s 

Ozone Secretariat’s Data Centre web page: https:// 

ozone.unep.org/countries/data-table. Data specific 

to the United States’ amounts consumed for 

laboratory and analytical uses, including 2019 data, 

can be found on this web page: https://

ozone.unep.org/countries/profile/usa. These data 

have been added to the docket for this rulemaking. 

this section was approved by the 

Director of the Federal Register Office in 

accordance with U.S.C. 552(a)(1) and 1 

CFR part 51. The material is available 

from the sources identified elsewhere in 

this paragraph. It may be inspected or 

obtained from the EPA Region 2 Office, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866, 212–637–3378. 

Copies may be inspected at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

email fr.inspection@nara.gov or go to: 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

(2) State of New York, Department of 

State, Albany, New York 12231; https:// 

dos.ny.gov/state-register. 

(i) 6 NYCRR Part 208: Official 

Compilation of (New York) Codes, Rules 

and Regulations; Title 6— 

Environmental Conservation; Part 208— 

Landfill Gas Collection and Control 

Systems for Certain Municipal Solid 

Waste Landfills, effective September 4, 

2019. 

(ii) [Reserved] 

[FR Doc. 2021–17292 Filed 8–20–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2020–0084; FRL–7810–02– 

OAR] 

RIN 2060–AU80 

Protection of Stratospheric Ozone: 

Extension of the Laboratory and 

Analytical Use Exemption for Essential 

Class I Ozone-Depleting Substances 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency is taking final action to revise 

regulations governing the production 

and import of class I ozone-depleting 

substances in the United States to 

indefinitely extend the global essential 

laboratory and analytical use 

exemption. This exemption currently 

expires on December 31, 2021, and this 

final action allows for continued 

production and import of class I 

substances in the United States solely 

for laboratory and analytical uses that 

have not been identified by the 

Environmental Protection Agency as 

nonessential. This final action is taken 

under the Clean Air Act, and is 

consistent with a decision by the Parties 

to the Montreal Protocol on Substances 

that Deplete the Ozone Layer to extend 

the global laboratory and analytical use 

exemption indefinitely beyond 2021. 

The proposed rule associated with this 

final action was published on August 7, 

2020, and we received no adverse 

comments. 

DATES: This final rule is effective on 

September 22, 2021. 

ADDRESSES: The Environmental 

Protection Agency (EPA) has established 

a docket for this action under Docket ID 

No. EPA–HQ–OAR–2020–0084. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, e.g., Confidential Business 

Information 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. All 

other publicly available docket 

materials are available electronically in 

https://www.regulations.gov. Due to 

public health concerns related to 

COVID–19, the EPA Docket Center and 

Reading Room are closed to the public 

with limited exceptions. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. For further 

information on EPA Docket Center 

services and the current status, please 

visit us online at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, U.S. Environmental 

Protection Agency, Stratospheric 

Protection Division, telephone number: 

202–564–6658; or email address: 

chang.andy@epa.gov. You may also visit 

our website at https://www.epa.gov/odsphaseout/phaseout-exemptionslaboratory-and-analytical-uses for 

further information. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is the background for this action? 

A. What is the Agency’s authority for this 

final action? 

B. Summary of EPA’s Proposed 

Rulemaking and Public Comments 

C. Potentially Impacted Entities 

D. Background of the Laboratory and 

Analytical Use Exemption 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

A. What is the Agency’s authority for 

this final action? 

The Clean Air Act (CAA) provides 

EPA the authority to implement the 

Montreal Protocol on Substances that 

Deplete the Ozone Layer’s (Montreal 

Protocol’s) phaseout schedules for 

ozone-depleting substances (ODS) in the 

United States. Relevant to this 

rulemaking, CAA section 604 requires 

EPA to issue regulations phasing out 

production and consumption of class I 1

ODS according to a prescribed schedule; 

our phaseout regulations for class I ODS 

are codified at 40 CFR part 82, subpart 

A. 

B. Summary of EPA’s Proposed 

Rulemaking and Public Comments 

EPA’s August 7, 2020, proposed 

rulemaking (see 85 FR 47940) sought to 

align a provision in EPA’s regulations 

governing the production and import of 

class I ODS regarding the essential 

laboratory and analytical use exemption 

(referred to hereafter as the ‘‘L&A 

exemption’’) with a recent decision 

taken by the Parties to the Montreal 

Protocol to extend the global L&A 

exemption indefinitely.2 In the United 

States, laboratory distributors currently 

supply around 1,000 laboratories, and 

consumption 3 for laboratory use was 

approximately 4.4 ODP-weighted metric 

tons in 2018 under the L&A exemption 4

and 4.2 ODP-weighted metric tons in 

2019 under the L&A exemption.5 The 

global L&A exemption is implemented 

domestically through EPA’s regulations 

at 40 CFR part 82, subpart A and the 

current exemption is in effect in the 

United States through December 31, 

2021. In the proposed rulemaking (85 

FR 47940), EPA proposed to remove the 


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