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Federal Register / Vol. 86, No. 160 / Monday, August 23, 2021 / Rules and Regulations
this section was approved by the Director of the Federal Register Office in accordance with U.S.C. 552a1 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 100071866, 2126373378.
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. 202117292 Filed 82021; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
EPAHQOAR20200084; FRL781002
OAR
RIN 2060AU80

Protection of Stratospheric Ozone:
Extension of the Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances Environmental Protection Agency.
ACTION: Final rule.
AGENCY:

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
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SUMMARY:

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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.
This final rule is effective on September 22, 2021.

DATES:

The Environmental Protection Agency EPA has established a docket for this action under Docket ID
No. EPAHQOAR20200084. 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 COVID19, 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.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

Andy Chang, U.S. Environmental Protection Agency, Stratospheric Protection Division, telephone number:
2025646658; 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 Agencys authority for this final action?
B. Summary of EPAs 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
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I. What is the background for this action?
A. What is the Agencys 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 Layers Montreal Protocols 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 EPAs Proposed Rulemaking and Public Comments EPAs August 7, 2020, proposed rulemaking see 85 FR 47940 sought to align a provision in EPAs 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 EPAs 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 1 Under 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.
3 Consumption is defined in 82.3 as production plus imports minus exports of a controlled substance other than transhipments, or used controlled substances.
4 These 2018 data are available in the docket to this rule as well as on the Montreal Protocols Ozone Secretariats Data Centre web page: https
ozone.unep.org/countries/data-table.
5 At the time of publication for the proposed rulemaking, the 2019 data were not yet available, but can now be found on the Montreal Protocols Ozone Secretariats 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.

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