[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3361-3362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1554]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5406-4]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed extension of 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
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
