[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Page 7390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2829]
[[Page 7389]]
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Part VII
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 82
Protection of Stratospheric Ozone; Proposed Rule
Federal Register / Vol. 60, No. 25 / Tuesday, February 7, 1995 /
Proposed Rules
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[[Page 7390]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[FRL-5149-4]
Protection of Stratospheric Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed 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
provision of the refrigerant recycling regulations promulgated under
section 608 of the Clean Air Act that restricts the sale of class I and
class II refrigerants contained in appliances without fully assembled
refrigerant circuits. That action stays the effectiveness of 40 CFR
82.154 (m), including the applicable compliance date, only as it
applies to refrigerant contained in appliances without fully assembled
refrigerant circuits.
This notice proposes, pursuant to Clean Air Act section 301(a)(1),
42 U.S.C. 7601(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 9,
1995. Requests for a hearing should be submitted to Deborah Ottinger by
February 17, 1995. 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-92-01 VIII.E, 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-92-01. 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: Deborah Ottinger, Program
Implementation Branch, Stratospheric Protection Division, Office of
Atmospheric Programs, Office of Air and Radiation (6205-J), 401 M
Street, SW., Washington, DC 20460, (202)233-9200. 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 a provision of the refrigerant recycling regulations
promulgated under section 608 of the Clean Air Act that restricts the
sale of class I and class II refrigerants contained in appliances
without fully assembled refrigerant circuits (59 FR 55912, November 9,
1994). Readers should refer to that notice for a complete discussion of
the background and rules affected. In that notice 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 CAA
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 82.154 (m), including the applicable compliance
date, only as it applies to refrigerant contained in appliances without
fully assembled refrigerant circuits, promulgated as a final federal
rule requiring restrictions on the sale of class I and class II
refrigerants (59 FR 55912, November 9, 1994). 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,
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
restrictions on the sale of class I and class II refrigerants 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 sales restriction provision and the
appropriate compliance period would be subject to the notice and
comment procedures of Clean Air Act section 307(d).
List of Subjects in 40 CFR Part 82
Environmental Protection, 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 27, 1995.
Carol M. Browner,
Administrator.
Part 82, chapter I, title 40, of the code of Federal Regulations,
is amended to read 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 82.154 is amended by revising paragraph (m)(9) to read
as follows:
Sec. 82.154 Prohibitions.
* * * * *
(m) * * *
(9) Rules stayed for reconsideration. Notwithstanding any other
provisions of this subpart, the effectiveness of 40 CFR 82.154(m), only
as it applies to refrigerant contained in appliances without fully
assembled refrigerant circuits, is stayed from (Date of Publication of
Final Action) until the completion of the reconsideration of 40 CFR
82.154(m).
* * * * *
[FR Doc. 95-2829 Filed 2-6-95; 8:45 am]
BILLING CODE 6560-50-P
