[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19767]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82

[FRL-5040-7]

 

Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of partial stay and reconsideration.

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SUMMARY: This action announces a three-month stay of certain federal 
rules requiring the repair and/or retrofit of appliances containing 
ozone-depleting substances contained in the regulations implementing 
the National Recycling Program. The effectiveness of 40 CFR 82.156(i), 
as they apply to industrial process refrigeration equipment only, 
including the applicable compliance dates, is stayed for three months 
pending reconsideration. EPA is issuing this stay pursuant to Clean Air 
Act section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which provides the 
Administrator authority to stay the effectiveness of a rule during 
reconsideration.
    In the proposed rules section of today's Federal Register, EPA 
proposes, under Clean Air Act sections 301(a)(1), 42 U.S.C. 7601(a)(1), 
to temporarily stay the effectiveness of these rules and applicable 
compliance dates beyond the three months expressly provided in section 
307(d)(7)(B), but only to the extent necessary to complete 
reconsideration (including any appropriate regulatory action) of the 
rules in question.

EFFECTIVE DATE: September 16, 1994.

ADDRESSES: Comments and materials supporting this rulemaking are The 
PRESIDING OFFICER. contained in Public Docket No. A-92-01, Waterside 
Mall (Ground Floor) Environmental Protection Agency, 401 M Street, SW., 
Washington, DC 20460 in room M-1500. Dockets may be inspected from 8 
a.m. until 4 p.m., Monday through Friday. A reasonable fee may be 
charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Cynthia Newberg, 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)233-9729. The Stratospheric 
Ozone Information Hotline at 1-800-296-1996 can also be contacted for 
further information.

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. Background
II. Rules to be Stayed and Reconsidered
III. Issuance of Stay
IV. Authority of Stay and Reconsideration
V. Proposed Additional Temporary Stay
V. Effective Date

I. Background

    On July 13, 1993, the Chemical Manufacturers Association (CMA) sent 
to the United States Environmental Protection Agency (EPA) a petition 
for reconsideration of the Refrigerant Recycling Rule, promulgated May 
14, 1993, (58 FR 28660), particularly the leak repair provisions under 
40 CFR 82.156(i) as they concern industrial process refrigeration 
equipment\1\. On that same date, CMA filed a petition in the United 
States Court of Appeals for the District of Columbia Circuit seeking 
review of this Refrigerant Recycling Rule (Chemical Manufacturers 
Association v. Browner, et. al., D.C. Cir. Docket 93-1444.) As part of 
a settlement agreement signed by EPA and the CMA on May 20, 1994, EPA 
agreed to propose changes to the appropriate sections of the rules. A 
113(g) notice of the settlment agreement was published on June 14, 1994 
(59 FR 30584).
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    \1\Industrial process refrigeration is defined in Sec. 82.152(g) 
of the final regulations (58 FR 28713). The definition states that 
``industrial process refrigeration means, for the purposes of 
Sec. 82.156(i), complex customized appliances used in the chemical, 
pharmaceutical, petrochemical and manufacturing industries. This 
sector also includes industrial ice machines and ice rinks.''
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    The settlement agreement set a tight deadline for the completion of 
rulemaking, requiring EPA to propose changes by September 1, 1994, and 
to promulgate amended regulations by June 1, 1995. By this action, EPA 
is convening a proceeding for reconsideration.

II. Rules To Be Stayed and Reconsidered

    Final regulations published on May 14, 1993 (58 FR 28660), 
establish a recycling program for ozone-depleting refrigerants 
recovered during the servicing and disposal of air-conditioning and 
refrigeration equipment. Together with the prohibition on venting 
during the service, repair, and disposal of class I and class II 
substances (see the listing notice January 22, 1991; 56 FR 2420) that 
took effect on July 1, 1992, these regulations should substantially 
reduce the emissions of ozone-depleting refrigerants.
    The petition filed by the CMA asks for reconsideration of leak 
repair provisions under Sec. 82.156(i) as they relate to industry 
process refrigeration equipment. In particular, the petitioners raised 
concerns regarding the ability to repair or retrofit some industrial 
process refrigeration equipment within the timeframes established by 
the final rule. CMA's concerns involve the need to shut down equipment 
and/or obtain custom built parts within the appropriate timeframes. CMA 
also raised the possibility of delays caused by other regulatory 
requirements related to changes at plants.
    EPA has evaluated CMA's information and is now reconsidering the 
leak repair provisions in light of this information. Moreover, EPA 
believes that this information warrants review and response pursuant to 
section 307(d)(7)(B) of the Clean Air Act. In order to review and 
evaluate the ability of the owners and operators of industrial process 
refrigeration equipment to comply with the leak repair provisions when 
extenuating circumstances exist, EPA will reconsider the regulatory 
requirements applicable to repairing leaks in accordance with section 
307(d) of the Clean Air Act.

III. Issuance of Stay

    EPA hereby issues a three-month administrative stay of the 
effectiveness of provisions of Sec. 82.156(i) as they apply to 
industrial process refrigeration equipment, including all applicable 
compliance dates, promulgated as final federal rules requiring the 
reduction of emissions of ozone-depleting substances during the 
servicing and disposal of air-conditioning and refrigeration equipment 
(58 FR 28660). EPA will reconsider these rules, as discussed above and, 
following the notice and comment procedures of section 307(d) of the 
Clean Air Act, will take appropriate action. If, after reconsideration 
of these provisions, EPA determines that it is appropriate to impose 
leak repair 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. Any 
EPA proposal regarding changes to the leak repair requirements and the 
appropriate compliance period would be subject to the notice and 
comment procedures of Clean Air Act section 307(d).
    Because the settlement agreement between EPA and CMA set a tight 
deadline for the completion of the rulemaking, EPA will reconsider the 
rules in question as expeditiously as practicable.

IV. Authority for Stay and Reconsideration

    The administrative stay and reconsideration of the rules and 
associated compliance periods announced by this notice are being 
undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42 
U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to 
stay the effectiveness of a rule for three months if it was 
impracticable to raise an objection or if the grounds for an objection 
arose after the period for public comment and if the objection is of 
central relevance to the outcome of the rule. Because some of the 
issues in the petition for reconsideration may have been impracticable 
to raise during the comment period, EPA is authorized to stay the 
effectiveness of the relevant provisions.

V. Proposed Additional Temporary Stay

    EPA may not be able to complete the reconsideration (including any 
appropriate regulatory action) of the rules stayed by this notice 
within the three-month period expressly provided in section 
307(d)(7)(B). If EPA does not complete the reconsideration in this 
timeframe, then it might be appropriate to extend temporarily the stay 
of the effectiveness of the leak repair requirements for industrial 
process refrigeration and applicable compliance dates until EPA 
completes final rulemaking action upon reconsideration. EPA is going 
through notice and comment rulemaking to decide whether to extend the 
stay beyond this initial three-month period. In the Proposed Rules 
Section of today's Federal Register, EPA proposes a temporary extension 
of the stay beyond the three months, only to the extent necessary to 
complete reconsideration of the rules in question.

VI. Effective Date

    This action will become final on September 16, 1994.

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: August 4, 1994.
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 82.156 is amended by adding paragraph (i)(5) to read as 
follows:


Sec. 82.156  Required practices.

* * * * *

    (i) * * *
    (5) Rules stayed for reconsideration. Notwithstanding any other 
provisions of this subpart, the effectiveness of the following rules, 
only to the extent described below, is stayed from September 16, 1994 
to December 16, 1994. 40 CFR 82.156(i)(1), (i)(3), and (i)(4), only as 
these provisions apply to industrial process refrigeration equipment.

[FR Doc. 94-19767 Filed 8-16-94; 8:45 am]
BILLING CODE 6560-50-P