Protection of Stratospheric Ozone

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5406-4]

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed extension of stay.

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

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

announcing a three-month administrative stay and reconsideration of 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. 40 CFR 82.13(g)(2)(viii)

requires the importer to certify that the purchaser of the controlled

substance is liable for the tax.

This document proposes, pursuant to Clean Air Act section

301(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 1,

1996. Requests for a hearing should be submitted to Tom Land by

February 12, 1996. 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-92-13, 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-92-13. 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: 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 40 CFR 82.13(g)(2)(viii), which requires an importer

petitioning to import used class I controlled substances to certify

that the purchaser of the controlled substance is liable for the tax.

Readers should refer to that rule for a complete discussion of the

background and rules affected. In that rule 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 Clean Air

Act Amendments of 1990 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 82.13(g)(2)(viii) promulgated as a final

federal rule (60 FR 24970, May 10, 1995). 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,

[[Page 3362]]

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 new

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. EPA expects that

any EPA proposal regarding changes to the tax liability certification

requirement for a petition for the import of used class I controlled

substances would be subject to the notice and comment procedures of

Clean Air Act section 307(d).

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: January 11, 1996.

Carol M. Browner,

Administrator.

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

is proposed to be 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 staying paragraph (g)(2)(viii) from

April 30, 1996 until the completion of the reconsideration of 40 CFR

82.13(g)(2)(viii).

[FR Doc. 96-1554 Filed 1-30-96; 8:45 am]

BILLING CODE 6560-50-P