[Federal Register Volume 63, Number 192 (Monday, October 5, 1998)]
[Rules and Regulations]
[Pages 53290-53291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26456]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-6171-9]


Protection of Stratospheric Ozone: Reconsideration of Petition 
Criteria and Incorporation of Montreal Protocol Decisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: With this action, due to receipt of adverse comments, EPA is 
withdrawing thirteen of the provision included in the direct final rule 
published in the Federal Register on August 4, 1998. EPA published both 
the direct final rule (63 FR41625) and a notice of proposed rulemaking 
(63 FR 41652) on August 4, 1998, to reflect changes in U.S. obligations 
under the Montreal Protocol on Substance that Deplete the Ozone Layer 
(Protocol) due to recent decision by signatory counties to this 
international agreement, to respond to a petition regarding the 
requirement in the petition process for imports of used class I 
controlled substances that a person must certify knowledge of tax 
liability, and to ease the burden on affected companies while 
continuing to ensure compliance with Title VI of the CAA and meet U.S. 
obligation under the Protocol.

DATES: The following provisions of the direct final rule published at 
63 FR 41626 (August 4, 1998) are withdrawn, as of October 5, 1998.
    (1) The addition to 40 CFR 82.3 of the definition for ``individual 
shipment,''
    (2) The addition to 40 CFR 82.3 of the definition for ``national 
security allowances,''
    (3) The addition to 40 CFR 82.3 of the definition for ``non-
objection notice,''
    (4) The addition to 40 CFR 82.3 of the definition for ``source 
facility,''
    (5) The revision of newly designated 40 CFR 82.4(j),
    (6) The addition of paragraph (t)(3) in newly designated 40 CFR 
80.4(t),
    (7) The addition of paragraph (u)(3) in newly designated 40 CFR 
80.4(u),
    (8) The addition of paragraph (a)(5) in revised 40 CFR 82.9(a),
    (9) The addition of 40 CFR 82.9(g),
    (10) The addition of 40 CFR 82.12(a)(3),
    (11) The addition of 40 CFR 82.13(f)(2)(xvii), (g)(1)(xvii), and 
(g)(4)(xv) and the revision of newly designated 40 CFR 
82.13(f)(3)(xiii),
    (12) The revision of 40 CFR 82.13(g)(2) and (3), and
    (13) The revision of 40 CFR 82.13(u).

ADDRESSES: Comments and materials supporting this rulemaking are 
contained in Public Docket No. A-92-13 at: U.S. Environmental 
Protection Agency, 401 M Street SW, Washington, D.C. 20460. The Public 
docket is located in Room M-1500, Waterside Mall (Ground Floor). 
Dockets may be inspected from 8 a.m. until 12 noon, and from 1:30 p.m. 
until 3 p.m., Monday through Friday. A reasonable fee may be charged 
for copying docket materials.

FOR FURTHER INFORMATION CONTACT:
Tom Land, U.S. Environmental Protection Agency, Stratospheric 
Protection Division, Office of Atmospheric Programs, 6205J, 401 M 
Street, SW., Washington, DC, 20460, (202)-564-9185.

SUPPLEMENTARY INFORMATION: As stated in the Federal Register document, 
if adverse comments were received by September 3, 1998 on one or more 
of the provisions, a timely notice of withdrawal would be published in 
the Federal Register. EPA received adverse comments on the following 
thirteen provisions: (1) the addition to 40 CFR 82.3 of the definition 
for ``individual shipment,'' (2) the addition to 40 CFR 82.3 of the 
definition for ``national security allowances,'' (3) the addition to 40 
CFR 82.3 of the definition for ``non-objection notice,'' (4) the 
addition to 40 CFR 82.3 of the definition for ``source facility,'' (5) 
the revision to newly designated 40 CFR 82.4(j) prohibiting the import 
of used class I controlled substance without a non-objection notice, 
(6) the addition to newly designated 40 CFR 82.4(t) of paragraph 
(t)(3), under which EPA would allocate

[[Page 53291]]

essential-use allowances by means of a confidential letter and would 
subsequently publish a notice of the allocation in the Federal 
Register, (7) the addition of 40 CFR 82.4(u)(3) for an exemption 
process for national security interests for HCFC-141b, (8) the addition 
of paragraph (a)(5) in revised 40 CFR 82.9(a) for granting 15 percent 
of baseline production allowances as Article 5 allowances for class I, 
Group VI controlled substances, (9) the addition of 40 CFR 82.9(g) 
establishing the petition process for national security allowances, 
(10) the addition of 40 CFR 82.12(a)(3) for transfers of essential-use 
allowances for metered-dose inhalers in emergency situations, (11) the 
addition of 40 CFR 82.13(f)(2)(xvii), 40 CFR 82.13(g)(1)(xvii), and 40 
CFR 82.13(g)(4)(xv) and the revision of newly designated 40 CFR 
82.13(b)(3)(xiii) for the certification of purchases of controlled 
substances that will be used as a process agent, (12) the revision of 
paragraphs in 40 CFR 82.13(g)(2) and 40 CFR 82.13(g)(3) for petitioning 
to import used class I controlled substances, and (13) the revision to 
40 CFR 82.13(u) for the reporting by holders of essential-use holders. 
EPA will address the comments received in a subsequent final action on 
these thirteen provisions in the near future and issue a final rule 
based on the parallel proposal also published on August 4, 1998. As 
stated in the parallel proposal, EPA will not institute a second 
comment period on this action. The thirty-eight amendments that did not 
receive adverse comments will become effective on October 5, 1998, as 
provided in the August 4, 1998 direct final rule. EPA will make the 
text of the thirty-eight amendments that did not receive adverse 
comments available at the following website address: www.epa.gov/ozone/
title6/phaseout/.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administration practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, Exports, 
Hydrochlorofluorocarbons, Imports, Ozone layer, Reporting and 
recordkeeping requirements.

    Dated: September 29, 1998.
Robert Perciasepe,
Assistant Administrator for the Office of Air and Radiation.
[FR Doc. 98-26456 Filed 10-2-98; 8:45 am]
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