[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: 94-19768]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82

[FRL-5040-8]

 

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 stay and reconsideration of certain federal 
rules requiring the repair of leaks in industrial process equipment 
promulgated as part of the National Refrigerant Recycling Program. That 
action stays the effectiveness of 40 CFR 82.156(i), including the 
applicable compliance dates, as they apply to industrial process 
refrigeration equipment only. EPA is issuing that 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.
    This notice proposes, pursuant to Clean Air Act sections 301(a)(1), 
42 U.S.C. 7601(a)(1), to stay temporarily the effectiveness of 40 CFR 
82.156(i), 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. Pursuant to the rulemaking 
procedures set forth in the Clean Air Act section 307(d), 42 U.S.C. 
7607(d), EPA hereby requests public comment on this proposed temporary 
extension of the three-month stay.

DATES: Comments on this proposal must be received by September 16, 
1994. Requests for a hearing should be submitted to Cynthia Newberg by 
September 1, 1994.

ADDRESSES: Written comments on this proposed action should be addressed 
to Public Docket No. A-92-01 VIIIC, Waterside Mall (Ground Floor) 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in room M-1500.
    A public hearing, if requested, will be held in Washington, DC. 
Interested persons may contact Ms. Newberg at 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 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.
    All supporting materials are contained in Docket A-92-01. 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 at (202) 233-9729. 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 
certain federal rules requiring the repair of leaks of ozone-depleting 
substances for industrial process refrigeration equipment promulgated 
as part of the National Refrigerant Recycling Program (58 FR 28660, May 
14, 1993). Readers should refer to that notice for a complete 
discussion of the background and rules affected. In that document EPA 
also announces a three-month stay of Sec. 82.156(i) as it applies to 
industrial process refrigeration equipment only, and any applicable 
compliance dates, during reconsideration (including appropriate 
regulatory action) expressly provided by the Clean Air Act section 
307(d)(7)(B). If EPA does not complete the reconsideration during the 
three-month stay, then it may be appropriate to extend the stay of 
these provisions for industrial process refrigeration and applicable 
compliance dates until EPA completes final rulemaking action upon 
reconsideration. By this action, EPA proposes a temporary extension of 
the stay beyond the three months to the extent necessary to complete 
reconsideration of the rules in question. If EPA takes final action to 
impose this proposed stay, the stay would extend until the effective 
date of EPA's final action following reconsideration of these rules.
    By this notice EPA hereby proposes, pursuant to Clean Air Act 
sections 301(a)(1), 42 U.S.C. 7601(a)(1), a temporary administrative 
stay of the effectiveness of 40 CFR 82.156(i) as it applies to 
industrial process refrigeration equipment, including the applicable 
compliance dates, promulgated as final federal rules requiring the 
repair and/or retrofitting of equipment containing ozone-depleting 
refrigerants (58 FR 28660, May 14, 1993). 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 administrative stay of the rules 
and associated compliance dates in order to complete reconsideration of 
these rules, EPA intends to complete its reconsideration of the rules 
and, following the notice and comment procedures of section 307(d) of 
the Clean Air Act, take appropriate action. If the reconsideration 
results in repair and retrofit requirements for industrial process 
refrigeration equipment that are stricter than the existing and rules, 
EPA intends to propose an appropriate 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).
    The regulatory requirements that are affected by today's proposal 
were raised in the context of a settlement agreement between EPA and 
the Chemical Manufacturers Association.1 A 113(g) notice of the 
settlement agreement was published on June 14, 1994 (59 FR 30584). In 
recognition of the obligations of the settlement agreement, EPA will 
reconsider the regulations in question as expeditiously as practicable.
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    \1\The Chemical Manufacturers Association filed a petition for 
review with the United States Court of Appeals for the District of 
Columbia Circuit on July 13, 1993 (Chemical Manufacturers 
Association v. Browner, et. al., D.C. Cir. Docket 93-1444).
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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, 
until the completion of the reconsideration of 40 CFR 82.156(i)(1), 
(i)(3), and (i)(4), as these provisions apply to industrial process 
refrigeration equipment only.
[FR Doc. 94-19768 Filed 8-16-94; 8:45 am]
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