[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





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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