Notice2021-22318
Notice of Determination To Grant or Partially Grant Certain Petitions Submitted Under Subsection (i) of the American Innovation and Manufacturing Act of 2020
Primary source
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Published
October 14, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The purpose of this notice is to alert the public of the Administrator's decision to grant in full ten petitions and partially grant one petition submitted under subsection (i) of the American Innovation and Manufacturing Act of 2020. These petitions request that the Environmental Protection Agency restrict the use of certain regulated substances, as defined in the American Innovation and Manufacturing Act of 2020, in certain applications, pursuant to its authority under subsection (i) to promulgate rules that restrict, fully, partially, or on a graduated schedule, the use of a regulated substance in the sector or subsector in which the regulated substance is used. Information considered by the Agency in its evaluation of these petitions is available in the docket associated with this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57141-57142]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22318]
[[Page 57141]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2021-0643; FRL-9128-01-OAR]
Notice of Determination To Grant or Partially Grant Certain
Petitions Submitted Under Subsection (i) of the American Innovation and
Manufacturing Act of 2020
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The purpose of this notice is to alert the public of the
Administrator's decision to grant in full ten petitions and partially
grant one petition submitted under subsection (i) of the American
Innovation and Manufacturing Act of 2020. These petitions request that
the Environmental Protection Agency restrict the use of certain
regulated substances, as defined in the American Innovation and
Manufacturing Act of 2020, in certain applications, pursuant to its
authority under subsection (i) to promulgate rules that restrict,
fully, partially, or on a graduated schedule, the use of a regulated
substance in the sector or subsector in which the regulated substance
is used. Information considered by the Agency in its evaluation of
these petitions is available in the docket associated with this notice.
DATES: Petitions referenced in this notice were granted by the
Administrator via letters signed on October 7, 2021.
FOR FURTHER INFORMATION CONTACT: Joshua Shodeinde, Stratospheric
Protection Division, Office of Atmospheric Programs (6205T),
Environmental Protection Agency, telephone number: 202-564-7037; email
address: <a href="/cdn-cgi/l/email-protection#3142595e5554585f55541f5b5e42594450715441501f565e47"><span class="__cf_email__" data-cfemail="07746f6863626e696362296d68746f72664762776629606871">[email protected]</span></a>. You may also visit EPA's website at
<a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a> for further information.
SUPPLEMENTARY INFORMATION:
I. Background
Subsection (i) of the American Innovation and Manufacturing Act of
2020 (AIM Act or Act),\1\ entitled ``Technology Transitions,'' provides
that the Administrator may by rule restrict, fully, partially, or on a
graduated schedule, the use of a regulated substance in the sector or
subsector in which the regulated substance is used. Under subsection
(i)(3) a person may petition the Administrator to promulgate a rule for
the restriction on use of a regulated substance \2\ in a sector or
subsector which shall include a request that the Administrator
negotiate with stakeholders in accordance with subsection (i)(2)(A).
Once the Environmental Protection Agency (EPA) receives a petition, the
AIM Act directs the Agency to make petitions publicly available within
30 days of receipt and to grant or deny the petition within 180 days of
receipt, taking the factors listed in subsection (i)(4) into account to
the extent practicable.
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\1\ The AIM Act was enacted as section 103 in Division S,
Innovation for the Environment, of the Consolidated Appropriations
Act, 2021 (Pub. L. 116-260).
\2\ The Act provides that ``regulated substance'' refers to
those substances included in the list of regulated substances in
subsection (c)(1) of the Act and those substances that the
Administrator has designated as a regulated substance under
subsection (c)(3). Subsection (c)(1) lists 18 saturated
hydrofluorocarbons (HFCs), and by reference their isomers not so
listed, as regulated substances. This is the current list of
regulated substances, as no additional substances have been
designated as regulated substances under subsection (c)(3).
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The Agency has received a number of petitions under subsection (i)
of the AIM Act requesting that EPA promulgate rules to restrict the use
of hydrofluorocarbons in certain refrigeration, air conditioning, foam
and aerosol applications.\3\ After reviewing information provided by
petitioners, relevant information collected and summarized in technical
memos available in the docket, the Administrator has made
determinations concerning 11 petitions--specifically, to grant ten
petitions and partially grant one petition. EPA's letters to
petitioners are contained in the docket for this action, along with a
number of technical memos and a summary and determination document that
highlights the statutory factors considered for each petition and the
rationale for EPA's decision. At this time, the Agency is not taking
action on any other petitions or on certain elements of one petition
(i.e., California Resources Air Board et al.).
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\3\ A full list of petitions received to date under subsection
(i) of the AIM Act with links to copies of the petitions can be
found in the table at <a href="https://www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act">https://www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act</a>. The EPA has also opened a docket (Docket ID
EPA-HQ-OAR-2021-0289-0044), where all subsection (i) petitions are
posted, and where the public may submit information related to those
petitions. We have also opened a separate docket, (Docket ID EPA-HQ-
OAR-2021-0643) for the 11 petitions that have been granted or
partially granted.
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II. Which petitions is EPA granting?
Table 1 lists the petitions that EPA is granting or partially
granting.
Table 1--List of Granted or Partially Granted Petitions
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Petitioner Topic EPA determination
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Natural Resources Defense Council ``Replicate HFC Grant.
(NRDC), Colorado Department of Public Prohibitions from SNAP
Health & Environment (CDPHE), and Rules 20 & 21''.
Institute for Governance & Sustainable
Development (IGSD).
DuPont.................................. ``Replicate SNAP Rule 20 Grant.
with Regard to the Phase-
out of HFC-134a in
Extruded Polystyrene
Boardstock and Billet
(XPS) End-use''.
DuPont.................................. ``Replicate SNAP Rule 21 Grant.
with Regard to Rigid
Polyurethane Low-pressure
Two-component Spray Foam
(2K-LP SPF) End-use''.
American Chemistry Council's Center for ``Replicate SNAP Rules 20 Grant.
the Polyurethanes Industry (CPI). and 21 HFC prohibitions
for the Polyurethane
Industry''.
Household & Commercial Products ``Replicate SNAP Rules 20 Grant.
Association (HCPA) and National Aerosol and 21 HFC prohibitions
Association (NAA). for Aerosol Propellants''.
Environmental Investigation Agency (EIA) ``Restrict the Use of HFCs Grant.
et al. in Certain Stationary
Refrigeration and Air
Conditioning End-uses''.
Air Conditioning, Heating, and ``Restrict the Use of HFCs Grant.
Refrigeration Institute (AHRI) et al. in Residential and Light
Commercial Air
Conditioners''.
Air Conditioning, Heating, and ``Restrict the Use of HFCs Grant.
Refrigeration Institute (AHRI) et al. in Certain Commercial
Refrigeration Equipment''.
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Association of Home Appliance ``Restrict the Use of HFCs Grant.
Manufacturers (AHAM). in Certain Air
Conditioners and
Dehumidifiers''.
International Institute of Ammonia ``Restrict the Use of HFCs Grant.
Refrigeration (IIAR) et al. in Certain Refrigeration
End-Uses''.
California Air Resources Board et al.... ``Replicate HFC Partial Grant.
Prohibitions from SNAP
Rules 20 & 21 and Issue
Additional Federal
Standards''.
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Subsection (i)(4) of the AIM Act identifies factors for the Agency
to consider to the extent practicable when making a determination to
grant or deny a petition. As stated above, EPA considered available
information related to these factors in its determination to grant and
partially grant the petitions listed in Table 1, and this information
can be found in the docket with this notice.
III. What happens after EPA grants a petition?
Where the Agency grants a petition submitted under subsection (i)
of the AIM Act, the statute requires that EPA promulgate a final rule
not later than two years from the date the Agency grants the petition.
Per subsection (i)(1) of the AIM Act, EPA may issue rules that
restrict, fully, partially, or on a graduated schedule, the use of a
regulated substance in the sector or subsector in which the regulated
substance is used. The Act establishes that no rule developed under
subsection (i) may take effect earlier than one year after the rule
promulgation date. In addition, prior to issuing a proposed rule under
subsection (i), EPA must consider negotiating with stakeholders in the
sector or subsector in accordance with negotiated rulemaking
procedures.\4\ If the Agency decides not to undergo a negotiated
rulemaking, the AIM Act requires the Agency to publish an explanation
of its decision not to use that procedure.\5\
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\4\ The negotiated rulemaking procedure is provided under
subchapter III of chapter 5 of title 5, United States Code (commonly
known as the ``Negotiated Rulemaking Act of 1990'').
\5\ EPA intends to issue a separate notice in the Federal
Register regarding its consideration of using negotiated rulemaking
procedures for a rulemaking that responds to granted and partially
granted petitions.
Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2021-22318 Filed 10-13-21; 8:45 am]
BILLING CODE 6560-50-P
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