Protection of Stratospheric Ozone

[[Page 7390]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5149-4]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed stay.

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

announcing a three-month administrative stay and reconsideration of a

provision of the refrigerant recycling regulations promulgated under

section 608 of the Clean Air Act that restricts the sale of class I and

class II refrigerants contained in appliances without fully assembled

refrigerant circuits. That action stays the effectiveness of 40 CFR

82.154 (m), including the applicable compliance date, only as it

applies to refrigerant contained in appliances without fully assembled

refrigerant circuits.

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

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

provision, and applicable compliance dates, beyond the three-month

administrative stay, but only to the extent necessary to complete

reconsideration (including any appropriate regulatory action) of the

rule in question.

DATES: Written comments on this proposal must be received by March 9,

1995. Requests for a hearing should be submitted to Deborah Ottinger by

February 17, 1995. Interested persons may contact the Stratospheric

Ozone Hotline at the phone number given below 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.

ADDRESSES: Written comments on this proposed action should be addressed

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

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

20460 in room M-1500. All supporting materials are contained in Docket

A-92-01. Dockets may be inspected from 8 a.m. until 5:30 p.m., Monday

through Friday. A reasonable fee may be charged for copying docket

materials.

FOR FURTHER INFORMATION CONTACT: Deborah Ottinger, 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)233-9200. 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 a provision of the refrigerant recycling regulations

promulgated under section 608 of the Clean Air Act that restricts the

sale of class I and class II refrigerants contained in appliances

without fully assembled refrigerant circuits (59 FR 55912, November 9,

1994). Readers should refer to that notice for a complete discussion of

the background and rules affected. In that notice EPA also announces a

three-month stay of that provision during reconsideration. However, if

EPA cannot complete reconsideration (including appropriate regulatory

action) within the three-month period expressly provided by CAA

Sec. 307(d)(7)(B), then it may be appropriate to extend the stay of

this provision until EPA completes reconsideration. By this action, EPA

proposes a temporary extension of the stay beyond the three-month

administrative stay to the extent necessary to complete reconsideration

of the rule in question. If EPA takes final action to impose this

proposed stay, the stay will extend until the effective date of EPA's

final action following reconsideration of this rule.

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

sections 301(a)(1), 42 U.S.C. 7601(a)(1), a temporary stay of the

effectiveness of 40 CFR 82.154 (m), including the applicable compliance

date, only as it applies to refrigerant contained in appliances without

fully assembled refrigerant circuits, promulgated as a final federal

rule requiring restrictions on the sale of class I and class II

refrigerants (59 FR 55912, November 9, 1994). Please refer to the

notice of stay and reconsideration in the Rules section of today's

Federal Register for EPA's statement of its reasons for staying and

reconsidering this provision. 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 stay of the rule and associated

compliance date in order to complete reconsideration of this rule, and,

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

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

these provisions, EPA determines that it is appropriate to impose

restrictions on the sale of class I and class II refrigerants 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. EPA expects that any EPA proposal

regarding changes to the sales restriction provision and the

appropriate compliance period would be subject to the notice and

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

List of Subjects in 40 CFR Part 82

Environmental Protection, Administrative practice and procedure,

Air pollution control, Chemicals, Chlorofluorocarbons, Exports,

Hydrochlorofluorocarbons, Imports, Interstate commerce, Nonessential

products, Reporting and recordkeeping requirements, Stratospheric ozone

layer.

Dated: January 27, 1995.

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 82.154 is amended by revising paragraph (m)(9) to read

as follows:

Sec. 82.154 Prohibitions.

* * * * *

(m) * * *

(9) Rules stayed for reconsideration. Notwithstanding any other

provisions of this subpart, the effectiveness of 40 CFR 82.154(m), only

as it applies to refrigerant contained in appliances without fully

assembled refrigerant circuits, is stayed from (Date of Publication of

Final Action) until the completion of the reconsideration of 40 CFR

82.154(m).

* * * * *

[FR Doc. 95-2829 Filed 2-6-95; 8:45 am]

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