Reconsideration of the Protection of Stratospheric Ozone Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5102-1]

Reconsideration of the Protection of Stratospheric Ozone Rule

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Notice of stay and reconsideration.

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SUMMARY: Today's action announces a 3-month stay of the Protection of

Stratospheric Ozone rule setting forth EPA's Significant New

Alternatives Policy (SNAP) program as that rule applies to use of

substitutes for export. In addition, by this action EPA announces its

intent to convene a proceeding under the Clean Air Act to reconsider

the rule as it applies to substitute use for export. The effectiveness

of this rule as it applies to such exporters, including the applicable

compliance date, is stayed for three months, pending EPA's

reconsideration of the deletion of the export exemption.

EFFECTIVE DATE: Effective December 8, 1994.

FOR FURTHER INFORMATION CONTACT: Robert Waugh, Substitutes Analysis and

Review Branch, Stratospheric Protection Division, Office of Atmospheric

Programs, Office of Air and Radiation, (6205-J), 401 M Street, SW.,

Washington, DC 20460. (202) 233-9152.

SUPPLEMENTARY INFORMATION:

I. Background

On May 12, 1993, EPA proposed its SNAP regulation pursuant to

section 612, 42 USC 7671k, of the Clean Air Act (CAA). 58 FR 28094. On

March 18, 1994, EPA issued the final SNAP regulations. 59 FR 13044. The

purpose of the SNAP program is to provide a framework for evaluating

and regulating substitutes for ozone depleting chemicals being phased

out under the stratospheric ozone protection provisions of the CAA.

Section 612 of the CAA authorizes EPA to identify and restrict the use

of substitutes for class I and II ozone-depleting substances where

other alternatives exist that reduce overall risk to human health and

the environment.

In the proposed rule, EPA explicitly provided that ``[s]ubstitutes

entirely produced for export only are not subject to reporting.''

Moreover, in the preamble to the proposed rule EPA stated:

Substitute manufacturers producing solely for export and use by

non-U.S. entities outside the U.S. are not subject to the

requirements of section 612. EPA believes that its authority under

section 612 extends only to use of substitutes in areas under the

jurisdiction of the United States government, regardless of their

place of manufacture. This exemption does not apply to substitutes

introduced as replacements for class I and II chemicals offered for

sale or use at offshore U.S. installations (e.g., U.S. military

bases located in foreign countries) that are subject to the legal

provisions of section 612, since 612(c) applies to use rather than

manufacture of substitutes.

58 FR at 28102. EPA did not receive any comments on the export

exemption. In the final rule, EPA deleted the export exemption and

provided in the preamble that ``[s]ubstitutes manufactured within the

U.S. exclusively for export are subject to SNAP since the definition of

use in the rule includes use in the manufacturing process, which occurs

within the United States.'' 59 FR at 13052.

Reconsideration of the Protection of Stratospheric Ozone Rule

On May 17, 1994, the Alliance for Responsible CFC Policy, Inc.

(Alliance) filed a petition for review of the final SNAP rule, pursuant

to section 307(d) of the CAA, 42 U.S.C. 7607(d) and Rule 15 of the

Federal Rules of Appellate Procedure. Alliance for Responsible CFC

Policy, Inc. v. United States Environmental Protection Agency, No. 94-

1396 (D.C. Cir.). In addition, the Alliance filed a petition for

reconsideration under section 307(d)(7)(B) of the CAA, 42 U.S.C.

7607(d)(7)(B), with respect to deletion of the export exemption in the

final rule. The EPA has decided to convene a proceeding for

reconsideration to address the Alliance's concerns. EPA will consider

any comments that it may receive on this issue in developing a proposed

action.

III. Issuance of Stay

USEPA hereby issues a 3-month administrative stay of the

effectiveness of the following SNAP rules, to be codified at 40 CFR

part 82, subpart G, as those rules apply to manufacturers of substances

being produced solely for export. USEPA will reconsider the SNAP rule

as it applies to the manufacture of substitutes for export.

IV. Authority for Stay and Reconsideration

The administrative stay and reconsideration of the rule announced

by this notice are being undertaken pursuant to section 307(d)(7)(B) of

the CAA, 42 U.S.C. 7607(d)(7)(B). That provision authorizes the

Administrator to stay the effectiveness of a rule for up to three

months during the reconsideration of the final rulemaking action.

List of Subjects in 40 CFR Part 82

Environmental protection, Air pollution control.

Dated: October 28, 1994.

Carol M. Browner,

Administrator.

Title 40 of the Code of Federal Regulations, part 82, subpart G is

being amended 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 82.174 is amended by adding paragraph (e) to read as

follows:

Sec. 82.174 Prohibitions.

* * * * *

(e) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the effectiveness of subpart G is stayed

from December 8, 1994, to March 8, 1985, only as applied to use of

substitutes for export.

[FR Doc. 94-30082 Filed 12-7-94; 8:45 am]

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