Notice of Determination To Grant or Partially Grant Certain Petitions Submitted Under Subsection (i) of the American Innovation and Manufacturing Act of 2020

• Published date: 14 October 2021
• Citation: 86 FR 57141
• Pages: 57141-57142
• FR Document: 2021-22318
• Section: Notices
• Issuer: Environmental Protection Agency

Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)

[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
                [Notices]
                [Pages 57141-57142]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [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: [email protected]. You may also visit EPA's website at
                https://www.epa.gov/climate-hfcs-reduction 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.
                --------------------------------------------------------------------------- \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).
                --------------------------------------------------------------------------- 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 aal.).
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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 https://www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act. 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
                ---------------------------------------------------------------------------------------------------------------- Petitioner Topic EPA determination
                ----------------------------------------------------------------------------------------------------------------
                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''.
                [[Page 57142]] 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''.
                ---------------------------------------------------------------------------------------------------------------- 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\
                --------------------------------------------------------------------------- \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]
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