[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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