Reconsideration of the Significant New Alternatives Policy Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5199-5]

Reconsideration of the Significant New Alternatives Policy Rule

AGENCY: United States Environmental Protection Agency.

ACTION: Proposed stay.

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SUMMARY: On December 8, 1994 EPA announced a 3-month administrative

stay (59 FR 63255) based on EPA's decision to reconsider the

Significant New Alternative Policy (SNAP) rule as it applies to

substitutes manufactured solely for export (59 FR 13044, March 18,

1994). This action stays the effectiveness of the SNAP rule as it

applies to substances produced solely for export, including the

applicable compliance dates, until EPA takes final action reconsidering

the SNAP rule. At that time, EPA will also take final action, as

appropriate, establishing the effective date of the rule for such

substances.

DATES: Comments on this proposal must be received by June 1, 1995 at

the address below. A public hearing, if requested, will be held in

Washington, D.C. Requests for a hearing should be submitted to Robert

Waugh by June 1, 1995 at the address below. If a hearing is requested,

EPA will publish notice of such hearing in the Federal Register.

ADDRESSES: Written comments on this proposed action should be addressed

to Robert Waugh, Substitutes Analysis and Review Branch, Stratospheric

Protection Division, Office of Air and Radiation, (6205-J) 401 M

Street, SW, Washington, DC 20460. Comments should be strictly limited

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

below.

Docket: Pursuant to section 307(d)(1) of the CAA, 42 U.S.C. 7607(d)(1),

this action is a public docket for this action, A-91-42, which is

available for public inspection and copying between 8 a.m. and 4 p.m.,

Monday through Friday, at the following address. A reasonable fee may

be charged for copying. U.S. Environmental Protection Agency, Docket

No. A-91-42, Air Docket (6102), Room M1500, Waterside Mall, 401 M

Street SW., Washington, DC 20460 (202) 245-3639.

FOR FURTHER INFORMATION CONTACT: Robert Waugh at (202) 233-9152 or Fax

(202) 233-9577.

SUPPLEMENTARY INFORMATION:

I. Background

On December 8, 1994, EPA announced that, pursuant to CAA section

307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), it was convening a proceeding

for reconsideration of the SNAP rule as it applies to substances

manufactured for export (59 FR 63255). In that notice, USEPA also

announced a 3-month administrative stay of the SNAP rule as it applies

to substitutes produced solely for export. However, USEPA will be

unable to complete reconsideration (including any appropriate

regulatory revision) of the rule within the 3-month period expressly

provided by CAA section 307(d)(7)(B). Therefore, EPA is proposing to

temporarily extend the stay of the SNAP rule as it applies to

substitute use for export until EPA completes its reconsideration and

final rulemaking action. If USEPA takes final action to impose this

stay, the stay would extend until the effective date of USEPA's final

action following reconsideration of the SNAP rule.

II. Authority for Stay and Reconsideration

This notice proposes, pursuant to CAA section 110(c), 301(a)(1) and

307(d)(1)(B), 42 U.S.C. 7410(c), 7601(a)(1) and 7607(d)(1)(B), to

temporarily stay the elements of the rule that apply to substitutes

manufactured solely for export, as well as applicable compliance dates

beyond the three months expressly provided in section 307(d)(7)(B).

This stay is only effective if and as long as it is necessary to

complete reconsideration (including any appropriate regulatory action)

of the referenced elements of the rule. Pursuant to the rulemaking

procedures set forth in CAA section 307(d), 42 U.S.C. 7607(d), USEPA

hereby requests public comment on this proposed temporary extension of

the three-month stay.

III. Administrative Requirements

It has been determined that this notice is not a ``significant

regulatory action'' under the terms of Executive Order 12866 (58 FR

51735; October 4, 1993) and is therefore not subject to

OMB review.

List of Subjects in 40 CFR Part 82

Environmental protection, Air pollution control.

Dated: April 24, 1995.

Carol M. Browner,

Administrator.

40 CFR part 82 is amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

1. The authority citation of 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 May 2, 1995 to until the effective date of USEPA's final action

following reconsideration of the SNAP rule only as applied to use of

substitutes for export.

[FR Doc. 95-10624 Filed 5-1-95; 8:45 am]

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