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Protection of Stratospheric Ozone
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 31, 1996 (Volume 61, Number 21)] [Rules and Regulations] [Page 3316-3318] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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
- 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] BILLING CODE 6560-50-P