[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Rules and Regulations]
[Pages 3316-3318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1553]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5406-3]


Protection of Stratospheric Ozone

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of stay and reconsideration.

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SUMMARY: This action announces a three-month stay and reconsideration 
of 

[[Page 3317]]
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. The effectiveness of 
40 CFR 82.13(g)(2)(viii), that requires the importer to certify that 
the purchaser of the controlled substance is liable for the tax, is 
stayed for three months pending reconsideration. The EPA is issuing 
this stay pursuant to section 307(d)(7)(B) of the Clean Air Act, which 
provides the Administrator authority to stay the effectiveness of a 
rule during reconsideration.
    In the proposed rules Section of today's Federal Register document, 
EPA is proposing to extend this stay to the extent necessary to 
complete reconsideration (including any appropriate regulatory action) 
of the rule in question.

DATES: Effective January 31, 1996, 40 CFR 82.13(g)(2)(viii) is stayed 
until April 30, 1996.
ADDRESSES: Comments and materials supporting this rulemaking are 
contained in Public Docket No. A-92-13, Waterside Mall (Ground Floor) 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in room M-1500. 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:

I. Background
II. Rules to be Stayed
III. Issuance of Stay
IV. Authority for Stay and Reconsideration
V. Proposed Additional Temporary Stay
VI. Effective Date

I. Background

    On May 31, 1995, PAACO International, Inc., an importer of used 
class I controlled ozone-depleting substances, sent to the United 
States Environmental Protection Agency (EPA) a petition for 
reconsideration of one reporting requirement in the petition process 
for the import of used class I controlled substances. This reporting 
requirement is included as Sec. 82.13(g)(2)(viii) in the amendment to 
the Accelerated Phaseout Rule promulgated on May 10, 1995 (60 FR 
24970). The provision requires an importer to certify that the 
purchaser of the used substances is liable for the excise tax. By this 
action, EPA is convening a proceeding for reconsideration.

II. Rules to be Stayed and Reconsidered

    EPA proposed amendments to the accelerated phaseout regulation in 
the Federal Register on November 10, 1994. In the proposal, EPA 
discussed options for addressing the illegal import of controlled 
substances that are mislabelled as being previously used. EPA viewed 
the potential for mislabelling virgin ozone-depleting substances as 
``used'' as a possible loophole in the controls on imports. The 
controls on imports are established in the phaseout regulation in 
accordance with United States' obligations under the Montreal Protocol 
and as required by the Clean Air Act Amendments of 1990 (CAAA) in 
Section 604(c). The final rule amending the accelerated phaseout 
regulation was published in the Federal Register on May 10, 1995, and 
established a petition process for the import of used class I 
controlled substances in Sec. 82.13(g)(2). A person wishing to import 
used class I controlled substances is required to submit a petition to 
EPA at least 15 working-days before the shipment is to leave the port 
of export. The petition must provide specific information to allow EPA 
to independently verify that the material was in fact previously used. 
Section 82.13(g)(2)(viii) requires the person submitting the petition 
to certify that the purchaser of the used substances is liable for the 
tax.
    The petitioners stated as the basis for their request for the stay 
and reconsideration that EPA did not give public notice of this 
requirement and therefore it was ``impracticable to raise objections'' 
to the provision during the public comment period. The petitioner also 
claimed that the objections are of central relevance to the rule 
because it believes that ``purchasers'' are not liable for the tax, it 
could not certify liability, and it could not conduct its business 
under the rule.
    Today's action stays the requirement in Sec. 82.13(g)(2)(viii) 
regarding certification of liability for the tax. EPA recognizes that 
the proposed rule did not discuss the possibility of a certification of 
liability for taxes. The Agency has completed a preliminary review of 
PAACO's information and will reconsider the need to include such a 
requirement.

III. Issuance of Stay

    EPA hereby issues a three-month administrative stay of the 
effectiveness of Sec. 82.13(g)(2)(viii), including all applicable 
compliance dates (60 FR 25001). EPA will reconsider this rule, as 
discussed above and, following the notice and comment procedures of 
section 307(d) of the Clean Air Act, will take appropriate action.
    If the reconsideration results in provisions for the import of used 
class I controlled substances that are stricter than the existing rule, 
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.

IV. Authority for Stay and Reconsideration

    The administrative stay and reconsideration of the rule and 
associated compliance period announced by this notice are being 
undertaken pursuant to section 307(d)(7)(B) of the Clean Air Act, 42 
U.S.C. 7607(d)(7)(B). That provision authorizes the Administrator to 
stay the effectiveness of a rule for three months in order to consider 
a request for reconsideration. The issues in the petition for 
reconsideration were impracticable to raise during the comment period, 
and are of central relevance to the outcome of this provision of the 
rule.

V. Proposed Additional Temporary Stay

    Because EPA may not be able to complete the reconsideration 
(including any appropriate regulatory action) of the rule stayed by 
this document within the three-month period expressly provided in 
section 307(d)(7)(B), in the Proposed Rules Section of today's Federal 
Register, EPA proposes a temporary extension of the stay beyond the 
three months provided, only to the extent necessary to complete 
reconsideration of the rule in question.
    I certify that this stay of a reporting requirement for a petition 
to import used controlled substances will not have any additional 
negative economic imports on any small entities.

VI. Effective Date

    This action is effective on January 31, 1996.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Chlorofluorocarbons, Exports, 
Hydrochlorofluorocarbons, Imports, 

[[Page 3318]]
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 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 January 31, 1996 staying paragraph 
(g)(2)(viii) from until April 30, 1996.
[FR Doc. 96-1553 Filed 1-31-96; 8:45 am]
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