[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30082]
[[Page Unknown]]
[Federal Register: December 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5102-1]
Reconsideration of the Protection of Stratospheric Ozone Rule
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Notice of stay and reconsideration.
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SUMMARY: Today's action announces a 3-month stay of the Protection of
Stratospheric Ozone rule setting forth EPA's Significant New
Alternatives Policy (SNAP) program as that rule applies to use of
substitutes for export. In addition, by this action EPA announces its
intent to convene a proceeding under the Clean Air Act to reconsider
the rule as it applies to substitute use for export. The effectiveness
of this rule as it applies to such exporters, including the applicable
compliance date, is stayed for three months, pending EPA's
reconsideration of the deletion of the export exemption.
EFFECTIVE DATE: Effective December 8, 1994.
FOR FURTHER INFORMATION CONTACT: Robert Waugh, Substitutes Analysis and
Review Branch, Stratospheric Protection Division, Office of Atmospheric
Programs, Office of Air and Radiation, (6205-J), 401 M Street, SW.,
Washington, DC 20460. (202) 233-9152.
SUPPLEMENTARY INFORMATION:
I. Background
On May 12, 1993, EPA proposed its SNAP regulation pursuant to
section 612, 42 USC 7671k, of the Clean Air Act (CAA). 58 FR 28094. On
March 18, 1994, EPA issued the final SNAP regulations. 59 FR 13044. The
purpose of the SNAP program is to provide a framework for evaluating
and regulating substitutes for ozone depleting chemicals being phased
out under the stratospheric ozone protection provisions of the CAA.
Section 612 of the CAA authorizes EPA to identify and restrict the use
of substitutes for class I and II ozone-depleting substances where
other alternatives exist that reduce overall risk to human health and
the environment.
In the proposed rule, EPA explicitly provided that ``[s]ubstitutes
entirely produced for export only are not subject to reporting.''
Moreover, in the preamble to the proposed rule EPA stated:
Substitute manufacturers producing solely for export and use by
non-U.S. entities outside the U.S. are not subject to the
requirements of section 612. EPA believes that its authority under
section 612 extends only to use of substitutes in areas under the
jurisdiction of the United States government, regardless of their
place of manufacture. This exemption does not apply to substitutes
introduced as replacements for class I and II chemicals offered for
sale or use at offshore U.S. installations (e.g., U.S. military
bases located in foreign countries) that are subject to the legal
provisions of section 612, since 612(c) applies to use rather than
manufacture of substitutes.
58 FR at 28102. EPA did not receive any comments on the export
exemption. In the final rule, EPA deleted the export exemption and
provided in the preamble that ``[s]ubstitutes manufactured within the
U.S. exclusively for export are subject to SNAP since the definition of
use in the rule includes use in the manufacturing process, which occurs
within the United States.'' 59 FR at 13052.
Reconsideration of the Protection of Stratospheric Ozone Rule
On May 17, 1994, the Alliance for Responsible CFC Policy, Inc.
(Alliance) filed a petition for review of the final SNAP rule, pursuant
to section 307(d) of the CAA, 42 U.S.C. 7607(d) and Rule 15 of the
Federal Rules of Appellate Procedure. Alliance for Responsible CFC
Policy, Inc. v. United States Environmental Protection Agency, No. 94-
1396 (D.C. Cir.). In addition, the Alliance filed a petition for
reconsideration under section 307(d)(7)(B) of the CAA, 42 U.S.C.
7607(d)(7)(B), with respect to deletion of the export exemption in the
final rule. The EPA has decided to convene a proceeding for
reconsideration to address the Alliance's concerns. EPA will consider
any comments that it may receive on this issue in developing a proposed
action.
III. Issuance of Stay
USEPA hereby issues a 3-month administrative stay of the
effectiveness of the following SNAP rules, to be codified at 40 CFR
part 82, subpart G, as those rules apply to manufacturers of substances
being produced solely for export. USEPA will reconsider the SNAP rule
as it applies to the manufacture of substitutes for export.
IV. Authority for Stay and Reconsideration
The administrative stay and reconsideration of the rule announced
by this notice are being undertaken pursuant to section 307(d)(7)(B) of
the CAA, 42 U.S.C. 7607(d)(7)(B). That provision authorizes the
Administrator to stay the effectiveness of a rule for up to three
months during the reconsideration of the final rulemaking action.
List of Subjects in 40 CFR Part 82
Environmental protection, Air pollution control.
Dated: October 28, 1994.
Carol M. Browner,
Administrator.
Title 40 of the Code of Federal Regulations, part 82, subpart G is
being 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 82.174 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 December 8, 1994, to March 8, 1985, only as applied to use of
substitutes for export.
[FR Doc. 94-30082 Filed 12-7-94; 8:45 am]
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