[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Proposed Rules]
[Pages 21490-21491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10624]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82

[FRL-5199-5]


Reconsideration of the Significant New Alternatives Policy Rule

AGENCY: United States Environmental Protection Agency.

ACTION: Proposed stay.

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SUMMARY: On December 8, 1994 EPA announced a 3-month administrative 
stay (59 FR 63255) based on EPA's decision to reconsider the 
Significant New Alternative Policy (SNAP) rule as it applies to 
substitutes manufactured solely for export (59 FR 13044, March 18, 
1994). This action stays the effectiveness of the SNAP rule as it 
applies to substances produced solely for export, including the 
applicable compliance dates, until EPA takes final action reconsidering 
the SNAP rule. At that time, EPA will also take final action, as 
appropriate, establishing the effective date of the rule for such 
substances.

DATES: Comments on this proposal must be received by June 1, 1995 at 
the address below. A public hearing, if requested, will be held in 
Washington, D.C. Requests for a hearing should be submitted to Robert 
Waugh by June 1, 1995 at the address below. If a hearing is requested, 
EPA will publish notice of such hearing in the Federal Register.

ADDRESSES: Written comments on this proposed action should be addressed 
to Robert Waugh, Substitutes Analysis and Review Branch, Stratospheric 
Protection Division, Office of Air and Radiation, (6205-J) 401 M 
Street, SW, Washington, DC 20460. Comments should be strictly limited 
to the subject matter of this proposal, the scope of which is discussed 
below.

Docket: Pursuant to section 307(d)(1) of the CAA, 42 U.S.C. 7607(d)(1), 
this action is a public docket for this action, A-91-42, which is 
available for public inspection and copying between 8 a.m. and 4 p.m., 
Monday through Friday, at the following address. A reasonable fee may 
be charged for copying. U.S. Environmental Protection Agency, Docket 
No. A-91-42, Air Docket (6102), Room M1500, Waterside Mall, 401 M 
Street SW., Washington, DC 20460 (202) 245-3639.

FOR FURTHER INFORMATION CONTACT: Robert Waugh at (202) 233-9152 or Fax 
(202) 233-9577.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 8, 1994, EPA announced that, pursuant to CAA section 
307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), it was convening a proceeding 
for reconsideration of the SNAP rule as it applies to substances 
manufactured for export (59 FR 63255). In that notice, USEPA also 
announced a 3-month administrative stay of the SNAP rule as it applies 
to substitutes produced solely for export. However, USEPA will be 
unable to complete reconsideration (including any appropriate 
regulatory revision) of the rule within the 3-month period expressly 
provided by CAA section 307(d)(7)(B). Therefore, EPA is proposing to 
temporarily extend the stay of the SNAP rule as it applies to 
substitute use for export until EPA completes its reconsideration and 
final rulemaking action. If USEPA takes final action to impose this 
stay, the stay would extend until the effective date of USEPA's final 
action following reconsideration of the SNAP rule.

II. Authority for Stay and Reconsideration

    This notice proposes, pursuant to CAA section 110(c), 301(a)(1) and 
307(d)(1)(B), 42 U.S.C. 7410(c), 7601(a)(1) and 7607(d)(1)(B), to 
temporarily stay the elements of the rule that apply to substitutes 
manufactured solely for export, as well as applicable compliance dates 
beyond the three months expressly provided in section 307(d)(7)(B). 
This stay is only effective if and as long as it is necessary to 
complete reconsideration (including any appropriate regulatory action) 
of the referenced elements of the rule. Pursuant to the rulemaking 
procedures set forth in CAA section 307(d), 42 U.S.C. 7607(d), USEPA 
hereby requests public comment on this proposed temporary extension of 
the three-month stay.

III. Administrative Requirements

    It has been determined that this notice is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 (58 FR 
51735; October 4, 1993) [[Page 21491]] and is therefore not subject to 
OMB review.

List of Subjects in 40 CFR Part 82

    Environmental protection, Air pollution control.

    Dated: April 24, 1995.
Carol M. Browner,
Administrator.
    40 CFR part 82 is amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

    1. The authority citation of part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

    2. Section 82.174 is amended by adding paragraph (e) to read as 
follows:


Sec. 82.174  Prohibitions.

* * * * *
    (e) Rules Stayed for Reconsideration. Notwithstanding any other 
provision of this subpart, the effectiveness of subpart G is stayed 
from May 2, 1995 to until the effective date of USEPA's final action 
following reconsideration of the SNAP rule only as applied to use of 
substitutes for export.

[FR Doc. 95-10624 Filed 5-1-95; 8:45 am]
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