[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3361-3362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1554]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5406-4]


Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed extension of 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 
certain reporting requirement in the petition process for the import of 
used class I controlled substances promulgated under sections 604 and 
606 of the Clean Air Act Amendments of 1990. 40 CFR 82.13(g)(2)(viii) 
requires the importer to certify that the purchaser of the controlled 
substance is liable for the tax.
    This document proposes, pursuant to Clean Air Act section 
301(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 1, 
1996. Requests for a hearing should be submitted to Tom Land by 
February 12, 1996. 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-92-13, 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-92-13. 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: Tom Land, Stratospheric Protection 
Division, Office of Air and Radiation, U.S. Environmental Protection 
Agency (6205-J), 401 M Street, SW., Washington, DC 20460, (202)-233-
9185. 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 40 CFR 82.13(g)(2)(viii), which requires an importer 
petitioning to import used class I controlled substances to certify 
that the purchaser of the controlled substance is liable for the tax. 
Readers should refer to that rule for a complete discussion of the 
background and rules affected. In that rule 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 Clean Air 
Act Amendments of 1990 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 82.13(g)(2)(viii) promulgated as a final 
federal rule (60 FR 24970, May 10, 1995). 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, 


[[Page 3362]]
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 new 
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. EPA expects that 
any EPA proposal regarding changes to the tax liability certification 
requirement for a petition for the import of used class I controlled 
substances would be subject to the notice and comment procedures of 
Clean Air Act section 307(d).

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: January 11, 1996.
Carol M. Browner,
Administrator.
    Part 82, chapter I, title 40, of the code of Federal Regulations, 
is proposed to be 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 82.13 is amended by staying paragraph (g)(2)(viii) from 
April 30, 1996 until the completion of the reconsideration of 40 CFR 
82.13(g)(2)(viii).
[FR Doc. 96-1554 Filed 1-30-96; 8:45 am]
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