[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] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [FRL-5040-8] Protection of Stratospheric Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed stay. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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] BILLING CODE 6560-50-P