Protection of Stratospheric Ozone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5040-7]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of partial stay and reconsideration.

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SUMMARY: This action announces a three-month stay of certain federal

rules requiring the repair and/or retrofit of appliances containing

ozone-depleting substances contained in the regulations implementing

the National Recycling Program. The effectiveness of 40 CFR 82.156(i),

as they apply to industrial process refrigeration equipment only,

including the applicable compliance dates, is stayed for three months

pending reconsideration. EPA is issuing this stay pursuant to Clean Air

Act section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which provides the

Administrator authority to stay the effectiveness of a rule during

reconsideration.

In the proposed rules section of today's Federal Register, EPA

proposes, under Clean Air Act sections 301(a)(1), 42 U.S.C. 7601(a)(1),

to temporarily stay the effectiveness of these rules and applicable

compliance dates beyond the three months expressly provided in section

307(d)(7)(B), but only to the extent necessary to complete

reconsideration (including any appropriate regulatory action) of the

rules in question.

EFFECTIVE DATE: September 16, 1994.

ADDRESSES: Comments and materials supporting this rulemaking are The

PRESIDING OFFICER. contained in Public Docket No. A-92-01, Waterside

Mall (Ground Floor) Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460 in room M-1500. Dockets may be inspected from 8

a.m. until 4 p.m., Monday through Friday. A reasonable fee may be

charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Cynthia Newberg, Program

Implementation Branch, Stratospheric Protection Division, Office of

Atmospheric Programs, Office of Air and Radiation (6205-J), 401 M

Street, SW., Washington, DC 20460, (202)233-9729. The Stratospheric

Ozone Information Hotline at 1-800-296-1996 can also be contacted for

further information.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in

the following outline:

I. Background

II. Rules to be Stayed and Reconsidered

III. Issuance of Stay

IV. Authority of Stay and Reconsideration

V. Proposed Additional Temporary Stay

V. Effective Date

I. Background

On July 13, 1993, the Chemical Manufacturers Association (CMA) sent

to the United States Environmental Protection Agency (EPA) a petition

for reconsideration of the Refrigerant Recycling Rule, promulgated May

14, 1993, (58 FR 28660), particularly the leak repair provisions under

40 CFR 82.156(i) as they concern industrial process refrigeration

equipment\1\. On that same date, CMA filed a petition in the United

States Court of Appeals for the District of Columbia Circuit seeking

review of this Refrigerant Recycling Rule (Chemical Manufacturers

Association v. Browner, et. al., D.C. Cir. Docket 93-1444.) As part of

a settlement agreement signed by EPA and the CMA on May 20, 1994, EPA

agreed to propose changes to the appropriate sections of the rules. A

113(g) notice of the settlment agreement was published on June 14, 1994

(59 FR 30584).

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\1\Industrial process refrigeration is defined in Sec. 82.152(g)

of the final regulations (58 FR 28713). The definition states that

``industrial process refrigeration means, for the purposes of

Sec. 82.156(i), complex customized appliances used in the chemical,

pharmaceutical, petrochemical and manufacturing industries. This

sector also includes industrial ice machines and ice rinks.''

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The settlement agreement set a tight deadline for the completion of

rulemaking, requiring EPA to propose changes by September 1, 1994, and

to promulgate amended regulations by June 1, 1995. By this action, EPA

is convening a proceeding for reconsideration.

II. Rules To Be Stayed and Reconsidered

Final regulations published on May 14, 1993 (58 FR 28660),

establish a recycling program for ozone-depleting refrigerants

recovered during the servicing and disposal of air-conditioning and

refrigeration equipment. Together with the prohibition on venting

during the service, repair, and disposal of class I and class II

substances (see the listing notice January 22, 1991; 56 FR 2420) that

took effect on July 1, 1992, these regulations should substantially

reduce the emissions of ozone-depleting refrigerants.

The petition filed by the CMA asks for reconsideration of leak

repair provisions under Sec. 82.156(i) as they relate to industry

process refrigeration equipment. In particular, the petitioners raised

concerns regarding the ability to repair or retrofit some industrial

process refrigeration equipment within the timeframes established by

the final rule. CMA's concerns involve the need to shut down equipment

and/or obtain custom built parts within the appropriate timeframes. CMA

also raised the possibility of delays caused by other regulatory

requirements related to changes at plants.

EPA has evaluated CMA's information and is now reconsidering the

leak repair provisions in light of this information. Moreover, EPA

believes that this information warrants review and response pursuant to

section 307(d)(7)(B) of the Clean Air Act. In order to review and

evaluate the ability of the owners and operators of industrial process

refrigeration equipment to comply with the leak repair provisions when

extenuating circumstances exist, EPA will reconsider the regulatory

requirements applicable to repairing leaks in accordance with section

307(d) of the Clean Air Act.

III. Issuance of Stay

EPA hereby issues a three-month administrative stay of the

effectiveness of provisions of Sec. 82.156(i) as they apply to

industrial process refrigeration equipment, including all applicable

compliance dates, promulgated as final federal rules requiring the

reduction of emissions of ozone-depleting substances during the

servicing and disposal of air-conditioning and refrigeration equipment

(58 FR 28660). EPA will reconsider these rules, as discussed above and,

following the notice and comment procedures of section 307(d) of the

Clean Air Act, will take appropriate action. If, after reconsideration

of these provisions, EPA determines that it is appropriate to impose

leak repair requirements that are stricter than the existing rules, EPA

will propose an adequate compliance period from the date of final

action on reconsideration. EPA will seek to ensure that the affected

parties are not unduly prejudiced by the Agency's reconsideration. Any

EPA proposal regarding changes to the leak repair requirements and the

appropriate compliance period would be subject to the notice and

comment procedures of Clean Air Act section 307(d).

Because the settlement agreement between EPA and CMA set a tight

deadline for the completion of the rulemaking, EPA will reconsider the

rules in question as expeditiously as practicable.

IV. Authority for Stay and Reconsideration

The administrative stay and reconsideration of the rules and

associated compliance periods announced by this notice are being

undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42

U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to

stay the effectiveness of a rule for three months if it was

impracticable to raise an objection or if the grounds for an objection

arose after the period for public comment and if the objection is of

central relevance to the outcome of the rule. Because some of the

issues in the petition for reconsideration may have been impracticable

to raise during the comment period, EPA is authorized to stay the

effectiveness of the relevant provisions.

V. Proposed Additional Temporary Stay

EPA may not be able to complete the reconsideration (including any

appropriate regulatory action) of the rules stayed by this notice

within the three-month period expressly provided in section

307(d)(7)(B). If EPA does not complete the reconsideration in this

timeframe, then it might be appropriate to extend temporarily the stay

of the effectiveness of the leak repair requirements for industrial

process refrigeration and applicable compliance dates until EPA

completes final rulemaking action upon reconsideration. EPA is going

through notice and comment rulemaking to decide whether to extend the

stay beyond this initial three-month period. In the Proposed Rules

Section of today's Federal Register, EPA proposes a temporary extension

of the stay beyond the three months, only to the extent necessary to

complete reconsideration of the rules in question.

VI. Effective Date

This action will become final on September 16, 1994.

List of Subjects in 40 CFR Part 82

Administrative practice and procedure, Air pollution control,

Chemicals, Chlorofluorocarbons, Exports, Hydrochlorofluorocarbons,

Imports, Interstate commerce, Nonessential products, Reporting and

recordkeeping requirements, Stratospheric ozone layer.

Dated: August 4, 1994.

Carol M. Browner,

Administrator.

Part 82, chapter I, title 40, of the code of Federal Regulations,

is amended to read 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 82.156 is amended by adding paragraph (i)(5) to read as

follows:

Sec. 82.156 Required practices.

* * * * *

(i) * * *

(5) Rules stayed for reconsideration. Notwithstanding any other

provisions of this subpart, the effectiveness of the following rules,

only to the extent described below, is stayed from September 16, 1994

to December 16, 1994. 40 CFR 82.156(i)(1), (i)(3), and (i)(4), only as

these provisions apply to industrial process refrigeration equipment.

[FR Doc. 94-19767 Filed 8-16-94; 8:45 am]

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