Protection of Stratospheric Ozone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5406-3]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of stay and reconsideration.

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SUMMARY: This action announces a three-month stay and reconsideration

of

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a certain reporting requirement in the petition process for the import

of used class I controlled substances promulgated under sections 604

and 606 of the Clean Air Act Amendments of 1990. The effectiveness of

40 CFR 82.13(g)(2)(viii), that requires the importer to certify that

the purchaser of the controlled substance is liable for the tax, is

stayed for three months pending reconsideration. The EPA is issuing

this stay pursuant to section 307(d)(7)(B) of the Clean Air Act, which

provides the Administrator authority to stay the effectiveness of a

rule during reconsideration.

In the proposed rules Section of today's Federal Register document,

EPA is proposing to extend this stay to the extent necessary to

complete reconsideration (including any appropriate regulatory action)

of the rule in question.

DATES: Effective January 31, 1996, 40 CFR 82.13(g)(2)(viii) is stayed

until April 30, 1996.

ADDRESSES: Comments and materials supporting this rulemaking are

contained in Public Docket No. A-92-13, 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 5:30

p.m., Monday through Friday. A reasonable fee may be charged for

copying docket materials.

FOR FURTHER INFORMATION CONTACT: Tom Land, Stratospheric Protection

Division, Office of Air and Radiation, U.S. Environmental Protection

Agency (6205-J), 401 M Street, SW., Washington, DC 20460, (202) 233-

9185. The Stratospheric Ozone Information Hotline at 1-800-296-1996 can

also be contacted for further information.

SUPPLEMENTARY INFORMATION:

I. Background

II. Rules to be Stayed

III. Issuance of Stay

IV. Authority for Stay and Reconsideration

V. Proposed Additional Temporary Stay

VI. Effective Date

I. Background

On May 31, 1995, PAACO International, Inc., an importer of used

class I controlled ozone-depleting substances, sent to the United

States Environmental Protection Agency (EPA) a petition for

reconsideration of one reporting requirement in the petition process

for the import of used class I controlled substances. This reporting

requirement is included as Sec. 82.13(g)(2)(viii) in the amendment to

the Accelerated Phaseout Rule promulgated on May 10, 1995 (60 FR

24970). The provision requires an importer to certify that the

purchaser of the used substances is liable for the excise tax. By this

action, EPA is convening a proceeding for reconsideration.

II. Rules to be Stayed and Reconsidered

EPA proposed amendments to the accelerated phaseout regulation in

the Federal Register on November 10, 1994. In the proposal, EPA

discussed options for addressing the illegal import of controlled

substances that are mislabelled as being previously used. EPA viewed

the potential for mislabelling virgin ozone-depleting substances as

``used'' as a possible loophole in the controls on imports. The

controls on imports are established in the phaseout regulation in

accordance with United States' obligations under the Montreal Protocol

and as required by the Clean Air Act Amendments of 1990 (CAAA) in

Section 604(c). The final rule amending the accelerated phaseout

regulation was published in the Federal Register on May 10, 1995, and

established a petition process for the import of used class I

controlled substances in Sec. 82.13(g)(2). A person wishing to import

used class I controlled substances is required to submit a petition to

EPA at least 15 working-days before the shipment is to leave the port

of export. The petition must provide specific information to allow EPA

to independently verify that the material was in fact previously used.

Section 82.13(g)(2)(viii) requires the person submitting the petition

to certify that the purchaser of the used substances is liable for the

tax.

The petitioners stated as the basis for their request for the stay

and reconsideration that EPA did not give public notice of this

requirement and therefore it was ``impracticable to raise objections''

to the provision during the public comment period. The petitioner also

claimed that the objections are of central relevance to the rule

because it believes that ``purchasers'' are not liable for the tax, it

could not certify liability, and it could not conduct its business

under the rule.

Today's action stays the requirement in Sec. 82.13(g)(2)(viii)

regarding certification of liability for the tax. EPA recognizes that

the proposed rule did not discuss the possibility of a certification of

liability for taxes. The Agency has completed a preliminary review of

PAACO's information and will reconsider the need to include such a

requirement.

III. Issuance of Stay

EPA hereby issues a three-month administrative stay of the

effectiveness of Sec. 82.13(g)(2)(viii), including all applicable

compliance dates (60 FR 25001). EPA will reconsider this rule, as

discussed above and, following the notice and comment procedures of

section 307(d) of the Clean Air Act, will take appropriate action.

If the reconsideration results in provisions for the import of used

class I controlled substances that are stricter than the existing rule,

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.

IV. Authority for Stay and Reconsideration

The administrative stay and reconsideration of the rule and

associated compliance period 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 in order to consider

a request for reconsideration. The issues in the petition for

reconsideration were impracticable to raise during the comment period,

and are of central relevance to the outcome of this provision of the

rule.

V. Proposed Additional Temporary Stay

Because EPA may not be able to complete the reconsideration

(including any appropriate regulatory action) of the rule stayed by

this document within the three-month period expressly provided in

section 307(d)(7)(B), in the Proposed Rules Section of today's Federal

Register, EPA proposes a temporary extension of the stay beyond the

three months provided, only to the extent necessary to complete

reconsideration of the rule in question.

I certify that this stay of a reporting requirement for a petition

to import used controlled substances will not have any additional

negative economic imports on any small entities.

VI. Effective Date

This action is effective on January 31, 1996.

List of Subjects in 40 CFR Part 82

Environmental protection, Administrative practice and procedure,

Air pollution control, Chemicals, Chlorofluorocarbons, Exports,

Hydrochlorofluorocarbons, Imports,

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Interstate commerce, Nonessential products, Reporting and recordkeeping

requirements, Stratospheric ozone layer.

Dated: January 11, 1996.

Carol M. Browner,

Administrator.

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

is 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 82.13 is amended by January 31, 1996 staying paragraph

(g)(2)(viii) from until April 30, 1996.

[FR Doc. 96-1553 Filed 1-31-96; 8:45 am]

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