Protection of Stratospheric Ozone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5040-8]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed stay.

-----------------------------------------------------------------------

SUMMARY: In the rules Section of today's Federal Register, EPA is

announcing a three-month stay and reconsideration of certain federal

rules requiring the repair of leaks in industrial process equipment

promulgated as part of the National Refrigerant Recycling Program. That

action stays the effectiveness of 40 CFR 82.156(i), including the

applicable compliance dates, as they apply to industrial process

refrigeration equipment only. EPA is issuing that 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.

This notice proposes, pursuant to Clean Air Act sections 301(a)(1),

42 U.S.C. 7601(a)(1), to stay temporarily the effectiveness of 40 CFR

82.156(i), 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. Pursuant to the rulemaking

procedures set forth in the Clean Air Act section 307(d), 42 U.S.C.

7607(d), EPA hereby requests public comment on this proposed temporary

extension of the three-month stay.

DATES: Comments on this proposal must be received by September 16,

1994. Requests for a hearing should be submitted to Cynthia Newberg by

September 1, 1994.

ADDRESSES: Written comments on this proposed action should be addressed

to Public Docket No. A-92-01 VIIIC, Waterside Mall (Ground Floor)

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460 in room M-1500.

A public hearing, if requested, will be held in Washington, DC.

Interested persons may contact Ms. Newberg at 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 to see if a hearing will be held

and the date and location of any hearing. Any hearing will be strictly

limited to the subject matter of this proposal, the scope of which is

discussed below.

All supporting materials are contained in Docket A-92-01. 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 at (202) 233-9729. The

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

contacted for further information.

SUPPLEMENTARY INFORMATION:

In the rules Section of today's Federal Register, EPA announces

that pursuant to Clean Air Act section 307(d)(7)(B), 42 U.S.C.

7607(d)(7)(B), it is convening a proceeding for reconsideration of

certain federal rules requiring the repair of leaks of ozone-depleting

substances for industrial process refrigeration equipment promulgated

as part of the National Refrigerant Recycling Program (58 FR 28660, May

14, 1993). Readers should refer to that notice for a complete

discussion of the background and rules affected. In that document EPA

also announces a three-month stay of Sec. 82.156(i) as it applies to

industrial process refrigeration equipment only, and any applicable

compliance dates, during reconsideration (including appropriate

regulatory action) expressly provided by the Clean Air Act section

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

three-month stay, then it may be appropriate to extend the stay of

these provisions for industrial process refrigeration and applicable

compliance dates until EPA completes final rulemaking action upon

reconsideration. By this action, EPA proposes a temporary extension of

the stay beyond the three months to the extent necessary to complete

reconsideration of the rules in question. If EPA takes final action to

impose this proposed stay, the stay would extend until the effective

date of EPA's final action following reconsideration of these rules.

By this notice EPA hereby proposes, pursuant to Clean Air Act

sections 301(a)(1), 42 U.S.C. 7601(a)(1), a temporary administrative

stay of the effectiveness of 40 CFR 82.156(i) as it applies to

industrial process refrigeration equipment, including the applicable

compliance dates, promulgated as final federal rules requiring the

repair and/or retrofitting of equipment containing ozone-depleting

refrigerants (58 FR 28660, May 14, 1993). Pursuant to the rulemaking

procedures set forth in section 307(d) of the Clean Air Act, EPA hereby

requests comment on such a proposed stay.

EPA is proposing this temporary administrative stay of the rules

and associated compliance dates in order to complete reconsideration of

these rules, EPA intends to complete its reconsideration of the rules

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

the Clean Air Act, take appropriate action. If the reconsideration

results in repair and retrofit requirements for industrial process

refrigeration equipment that are stricter than the existing and rules,

EPA intends to propose an appropriate 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).

The regulatory requirements that are affected by today's proposal

were raised in the context of a settlement agreement between EPA and

the Chemical Manufacturers Association.1 A 113(g) notice of the

settlement agreement was published on June 14, 1994 (59 FR 30584). In

recognition of the obligations of the settlement agreement, EPA will

reconsider the regulations in question as expeditiously as practicable.

---------------------------------------------------------------------------

\1\The Chemical Manufacturers Association filed a petition for

review with the United States Court of Appeals for the District of

Columbia Circuit on July 13, 1993 (Chemical Manufacturers

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

---------------------------------------------------------------------------

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,

until the completion of the reconsideration of 40 CFR 82.156(i)(1),

(i)(3), and (i)(4), as these provisions apply to industrial process

refrigeration equipment only.

[FR Doc. 94-19768 Filed 8-16-94; 8:45 am]

BILLING CODE 6560-50-P