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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
Desk Officer for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after receipt, OMB must receive comments no later than October 29, 2021. EPA will respond to any ICR-related comments in the final rule.

the National Tribal Air Association and will share information on this rulemaking through this and other fora.

C. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities SISNOSE under the RFA. This action will not impose any requirements on small entities. If a rule may have a SISNOSE, the Agency would be required to take certain steps to ensure that the interests of small entities were represented in the rulemaking process.
To determine whether the proposed changes would likely have a SISNOSE, EPA identified producers with HFC-23
emissions under EPAs GHGRP. The small business threshold is defined by the SBA as the number of employees in the company and varied between 100
and 1,500 employees. Because only two plants were identified as potentially affected by this action, and neither of those plants are owned by small businesses, it can be presumed that this action will have no SISNOSE.

This action is subject to Executive Order 13045 62 FR 19885, April 23, 1997 because it is an economically significant regulatory action as defined by Executive Order 12866, and EPA
believes that the environmental health or safety risk addressed by this action has a disproportionate effect on children. Accordingly, EPA has evaluated the environmental health and welfare effects of climate change on children.
GHGs, including HFCs, contribute to climate change. The GHG emissions reductions from HFC-23 resulting from implementation of this rule will further improve childrens health. The assessment literature cited in EPAs 2009 and 2016 Endangerment Findings concluded that certain populations and life stages, including children, the elderly, and the poor, are most vulnerable to climate-related health effects. The assessment literature since 2016 strengthens these conclusions by providing more detailed findings regarding these groups vulnerabilities and the projected impacts they may experience. These assessments describe how childrens unique physiological and developmental factors contribute to making them particularly vulnerable to climate change. Impacts to children are expected from heat waves, air pollution, infectious and waterborne illnesses, and mental health effects resulting from extreme weather events. In addition, children are among those especially susceptible to most allergic diseases, as well as health effects associated with heat waves, storms, and floods.
Additional health concerns may arise in low-income households, especially those with children, if climate change reduces food availability and increases prices, leading to food insecurity within households.

D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538 and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments.

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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. It will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action. EPA periodically provides updates on air regulations to
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G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not a significant energy action because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
This action applies to the manufacture of certain regulated substances, none of which are used to supply or distribute energy.

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I. National Technology Transfer and Advancement Act NTTAA
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 that this action does not contribute to 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. As discussed in the Regulatory Impact Analysis, Draft Regulatory Impact Analysis for Protection of Stratospheric Ozone:
Standards Related to the Manufacture of Class II Ozone-Depleting Substances for Feedstock, one of the plants potentially affected by this proposed rule is currently controlling their HFC-23
emissions on-site, and the other plant plans to install equipment that will capture HFC-23 process emissions.
Based on this information and as discussed further in the Regulatory Impact Analysis, we do not anticipate any effects from the proposed rule on the manufacture of HCFC-22.
This rule, if finalized, will reduce emissions of a potent GHG that is generated as a byproduct from the manufacture of certain HCFCs. While there are no local effects associated with the release of HFC-23, reducing emissions of HFC-23 will contribute to reducing the effects of climate change in the longer term, including public health and welfare effects that may be unevenly distributed and particularly harmful to minority populations, lowincome populations, and/or indigenous peoples.
List of Subjects in 40 CFR Part 82
Environmental protection, Air pollution control, Chemicals, Emissions, Reporting and recordkeeping requirements.
Michael S. Regan, Administrator.

For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 82 as follows:
PART 82PROTECTION OF
STRATOSPHERIC OZONE
1. The authority citation for part 82
continues to read as follows:

Authority: 42 U.S.C. 7414, 7601, 7671
7671q.

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