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Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide With Non-Parties to the Montreal Protocol
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 25, 2003 (Volume 68, Number 143)]
[Proposed Rules]
[Page 43991-43995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy03-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-7529-5]
RIN 2060-AK67
Protection of Stratospheric Ozone: Ban on Trade of Methyl Bromide
With Non-Parties to the Montreal Protocol
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rule.
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SUMMARY: With this action, EPA is proposing to prohibit the import and
export of methyl bromide (class I, Group VI controlled substance) from
or to a foreign state that is not a Party to the 1992 Copenhagen
Amendments to the Montreal Protocol on Substances that Deplete the
Ozone Layer (Protocol). EPA is proposing to ban trade in methyl bromide
with non-Parties to the Copenhagen Amendments to the Protocol in order
to ensure the United States meets its obligations under the Protocol
and associated amendments.
In the ``Rules and Regulations'' section of the Federal Register,
we are adopting these prohibitions as a direct final rule without prior
proposal because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule. If we receive no
relevant adverse comment, we will not take further action on this
proposed rule. If we receive relevant adverse comment, we will withdraw
the direct final rule and it will not take effect. We will address all
public comments in a subsequent final rule based on this proposed rule.
We will not institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
DATES: Written comments on the companion direct final rule must be
received on or before August 25, 2003, unless a public hearing is
requested. Comments must then be received on or before 30 days
following the public hearing. Any party requesting a public hearing
must notify the contact person listed below by 5 p.m. Eastern Standard
Time on August 4, 2003. If a hearing is requested it will be held
August 19, 2003.
ADDRESSES: Comments on the companion direct final rule may be submitted
by mail to Air and Radiation. Send two copies of your comments to: Air
and Radiation Docket (6102), Air Docket No. A-92-13, Section XIII, U.S.
Environmental Protection Agency, Mailcode 6205J, 1200 Pennsylvania Ave.
NW., Washington, DC 20460. The Docket's hours of operation are 8:30
a.m. until 4:30 p.m. Monday through Friday. Comments may also be
submitted electronically, through hand delivery or courier. Refer to
the companion direct final for detailed instructions on submitting
comments electronically, or through hand delivery or courier.
FOR FURTHER INFORMATION CONTACT: For further information about this
proposed rule, contact Kate Choban by telephone at (202) 564-3524, or
by e-mail at choban.kate@epa.gov, or by mail at Kate Choban, U.S.
Environmental Protection Agency, Global Programs Division,
Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania
Avenue, NW., Washington, DC 20460, 202-564-3524. Overnight or courier
deliveries should be sent to 501 3rd Street, NW., Washington, DC,
20001. You may also visit the Ozone Depletion Web site of EPA's Global
Programs Division at http://www.epa.gov/ozone/index.html for further
information about EPA's Stratospheric Ozone Protection
[[Page 43992]]
regulations, the science of ozone layer depletion, and other topics.
SUPPLEMENTARY INFORMATION: This action concerns the import and export
of methyl bromide (class I, Group VI controlled substance) from or to a
foreign state that is not a Party to the 1992 Copenhagen Amendments to
the Montreal Protocol on Substances the Deplete the Ozone Layer
(Protocol). EPA is proposing to ban trade in methyl bromide with non-
Parties to the Copenhagen Amendments to the Protocol in order to ensure
the United States meets its obligations under the Protocol and
associated amendments. For further information, please see the
information provided in the direct final action that is located in the
``Rules and Regulations'' section of this Federal Register publication.
Table of Contents
I. General Information
A. Regulated entities
B. How Can I Get Copies Of This Document and Other Related
Information?
C. How and To Whom Do I Submit Comments?
D. How Should I Submit Confidential Business Information (CBI)
To the Agency?
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA), As Amended By the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et.seq.
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Use
I . National Technology Transfer Advancement Act
I. General Information
A. Regulated Entities
Entities potentially regulated by this action are those associated
with the import and export of methyl bromide. Potentially regulated
categories and entities include:
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Category Examples of regulated entities
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Industry............................. Importers and Exporters of methyl
bromide
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The above table is not intended to be exhaustive, but rather
provides a guide for readers regarding entities likely to be regulated
by this action. This table lists the types of entities that EPA is now
aware could potentially be regulated by this action. To determine
whether your facility, company, business, organization is regulated by
this action, you should carefully examine the regulations promulgated
at 40 CFR 82, Subpart A. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section.
B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under the Office of Air and Radiation Docket & Information
Center, Air Docket ID No. A-92-13, Section XIII. The official public
docket consists of the documents specifically referenced in this
action, any public comments received, and other information related to
this action. Although a part of the official docket, the public docket
does not include Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. The official
public docket is the collection of materials that is available for
public viewing at EPA West, 1301 Constitution Ave. NW., Room B108, Mail
Code 6102T, Washington, DC 20460, Phone: (202)-566-1742, Fax: (202)-
566-1741. The materials may be inspected from 8:30 am until 4:30 pm
Monday through Friday, excluding legal holidays. A reasonable fee may
be charged for copying docket materials.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/. An electronic version of the
public docket is available through EPA's electronic public docket and
comment system, EPA Dockets. You may use EPA Dockets at http://
www.epa.gov/edocket/ to submit or view public comments, access the
index listing of the contents of the official public docket, and to
access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the docket
facility identified in Unit I.B.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of comment period will be marked late. EPA is not required to
consider these late comments. If you plan to submit comments, please
also notify Kate Choban, U.S. Environmental Protection Agency, Global
Programs Division (6205J), 1200 Pennsylvania Ave. NW., Washington, DC
20460, (202)-564-3524.
Information designated as Confidential Business Information (CBI)
under 40 CFR, Part 2, Subpart 2, must be sent directly to the contact
person for this notice. However, the Agency is requesting that all
respondents submit a non-confidential version of their comments to the
docket as well.
[[Page 43993]]
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA dockets at http://www.epa.gov/
edocket, and follow the online instructions for submitting comments.
2. By Mail. Send two copies of your comments to: Air and Radiation
Docket (6102), Air Docket No. A-92-13, Section XIII, U.S. Environmental
Protection Agency, Mailcode 6205J, 1200 Pennsylvania Ave. NW.,
Washington, DC, 20460.
3. By Hand Delivery or Courier. Deliver your comments to: 501 3rd
Street NW., Washington, DC 20001, Attention Docket ID No. A-92-13,
Section XIII. Such deliveries are only accepted during the Docket's
normal hours of operation as identified under ADDRESSES.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID No. A-92-13, Section XIII.
D. How Should I Submit Confidential Business Information (CBI) to the
Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send or deliver information identified as CBI only to the mail or
courier addresses listed in Units C.2 or C.3, as appropriate, to the
attention of Air Docket ID No. A-92-13, Section XIII. You may claim
information that you submit to EPA as CBI by marking any part or all of
that information as CBI (if you submit CBI on disk or CD ROM, 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 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 any 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 and EPA's
electronic public docket. If you submit the copy that does not contain
CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly
that it does not contain CBI. Information not marked as CBI will be
included in the public docket and EPA's electronic public docket
without prior notice. If you have any questions about CBI or the
procedures for claiming CBI, please consult the person identified in
the FOR FURTHER INFORMATION CONTACT section.
Summary of Supporting Analysis
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether this regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines a ``significant'' regulatory action
as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined by EPA and OMB that this rule is not a
``significant regulatory action'' within the meaning of the Executive
Order and will be signed by the Administrator only after completion of
review by OMB.
B. Paperwork Reduction Act
The Office of Management and Budget (OMB) previously approved the
information collection requirements that can be used to implement
today's proposed rule. The previously approved ICR is assigned OMB
control number 2060-0170 (EPA ICR No. 1432.21).
There is no additional paperwork burden as a result of this rule.
Current record keeping will allow EPA to implement the provisions of
today's action.
The information collection previously approved will be used to
implement the trade ban in paragraph 1 qua under Article 4 of the
Montreal Protocol for methyl bromide. The information collection under
this rule is authorized under sections 603(b) and 603(d) of the Clean
Air Act Amendments of 1990 (CAA). This information collection is
conducted to meet U.S. obligations under Article 7, Reporting
Requirements, of the Montreal Protocol on Substances that Deplete the
Ozone Layer (Protocol); and to carry out the requirements of Title VI
of the CAA, including sections 603 and 614.
The reporting requirements included in this rule are intended to:
(1) Satisfy U.S. obligations under the international treaty, The
Montreal Protocol on Substances that Deplete the Ozone Layer
(Protocol), to report data under Article 7;
(2) Fulfill statutory obligations under Section 603(b) of Title VI
of the Clean Air Act Amendments of 1990 (CAA) for reporting and
monitoring;
(3) Provide information to report to Congress on the production,
use and consumption of class I controlled substances as statutorily
required in Section 603(d) of Title VI of the CAA.
EPA informs respondents that they may assert claims of business
confidentiality for any of the information they submit. Information
claimed confidential will be treated in accordance with the procedures
for handling information claimed as confidential under 40 CFR part 2,
Subpart B, and will be disclosed only to the extent, and by means of
the procedures, set forth in that subpart. If no claim of
confidentiality is asserted when the information is received by EPA, it
may be made available to the public without further notice to the
respondents (40 CFR 2.203).
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology
[[Page 43994]]
and systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et.
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business that is identified by the North American Industry
Classification System (NAICS) Code in the Table below; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less that
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
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SIC small business
size standard (in
number of
Category NAICS Code SIC Code employees or
millions of
dollars)
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1. Chemical and Allied Products, NEC... 424690 5169 100
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Based on an analysis of the U.S. exports of methyl bromide to
specific countries, EPA has determined that only 3 countries of the 50
to whom U.S. producers of methyl bromide have exported over the past
three years would be impacted because they have not yet ratified the
Copenhagen Amendments to the Protocol. Specifically, the rule would ban
the export of 41 metric tonnes to Cyprus, Cote d'Ivoire, and the United
Arab Emriates compared to an average export from the entire U.S. of
5,236 metric tonnes. These countries represent less than 1% of all U.S.
exports of methyl bromide for the years 2000, 2001, and 2002. So,
economic impacts for U.S. producers of methyl bromide would be
extremely minimal. The rule will not constrain U.S. farmers' ability to
obtain methyl bromide from importers because the major methyl bromide
exporting countries have already ratified the Copenhagen Amendments.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any requirements on small entities. None
of the entities affected by this rule are considered small as defined
by the NAICS Code listed above.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. If a written statement is required under section 202, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule, unless the Agency explains why
this alternative is not selected or the selection of this alternative
is inconsistent with law.
Section 203 of the UMRA requires the Agency to establish a plan for
obtaining input from and informing, educating, and advising any small
governments that may be significantly or uniquely affected by the rule.
Section 204 of the UMRA requires the Agency to develop a process to
allow elected state, local, and tribal government officials to provide
input in the development of any proposal containing a significant
Federal intergovernmental mandate.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more by
State, local and tribal governments, in the aggregate, or by the
private sector, in any one year. The provisions in today's rule fulfill
the obligations of the United States under the international treaty,
The Montreal Protocol on Substances that Deplete the Ozone Layer, as
well as those requirements set forth by Congress in section 614 of the
Clean Air Act. Viewed as a whole, all of today's amendments do not
create a Federal mandate resulting in costs of $100 million or more in
any one year for State, local and tribal governments, in the aggregate,
or for the private sector. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA. EPA has also
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments; therefore,
EPA is not required to develop a plan with regard to small governments
under section 203. Finally, because this proposal does not contain a
significant intergovernmental mandate, the Agency is not required to
develop a process to obtain input from elected state, local, and tribal
officials under section 204.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of
[[Page 43995]]
power and responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law, unless the Agency
consults with State and local officials early in the process of
developing the regulation.
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Today's rule is expected to
primarily affect importers and exporters of methyl bromide. EPA is not
aware of any current uses of methyl bromide by public sector entities.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175.
Today's rule does not significantly or uniquely affect the communities
of Indian tribal governments. The rule does not impose any enforceable
duties on communities of Indian tribal governments. Thus, Executive
Order 13175 does not apply to this rule.
G. Applicability of Executive Order 13045: Protection of Children From
Environmental Health & Safety Risks
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) is determined to be ``economically significant''
as defined under E.O. 12866, and (2) concerns an environmental health
or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This is not such a rule, and therefore E.O.
13045 does not apply. This rule is not subject to E.O. 13045 because it
implements specific trade measures adopted under the Montreal Protocol
and required by section 614 of the CAA.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
I. The National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. No. 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards. This
rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary
consensus standards.
Dated: July 11, 2003.
Linda J. Fisher,
Acting Administrator.
[FR Doc. 03-18855 Filed 7-24-03; 8:45 am]
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