[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28099-28101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11024]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2021-0289; FRL-10024-34-OAR]
Notice of Data Availability Relevant To Petition Submissions
Under the American Innovation and Manufacturing Act of 2020
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of data availability.
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SUMMARY: This Notice of Data Availability is to alert stakeholders of
petitions submitted to the Environmental Protection Agency under
subsection (i) of the American Innovation and Manufacturing Act of
2020, and to provide notice of a new docket where these petitions and
others submitted under subsection (i) will be made publicly available.
The docket will provide the public the opportunity to view petitions
submitted under this subsection and to submit any supplemental relevant
data to the petitions. The Agency may consider relevant information
submitted to the docket in its determinations of whether to grant or
deny subsection (i) petitions.
DATES: The Environmental Protection Agency (EPA) is interested in
receiving comments on the data in this notice of data availability
(NODA) to inform the Agency's regulatory process. To ensure that your
supplemental data may be considered in upcoming EPA determinations
regarding petitions received on April 13, 2021, please submit
information to the Agency by June 8, 2021.
ADDRESSES: You may send data identified by Docket ID No. EPA-HQ-OAR-
2021-0289, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
Instructions: All submissions received must include the Docket ID
No. for this notice. Data received may be posted without change to
https://www.regulations.gov/, including any personal information
provided. Out of an abundance of caution for members of the public and
our staff, the EPA Docket Center and Reading Room are closed to the
public, with limited exceptions, to reduce the risk of transmitting
COVID-19. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform. We encourage the public
to submit data via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Joshua Shodeinde, U.S. Environmental
Protection Agency, Stratospheric Protection Division, telephone number:
202-564-7037; or email address: [email protected]. You may also
visit EPA's website at https://www.epa.gov/climate-hfcs-reduction for
further information.
SUPPLEMENTARY INFORMATION:
[[Page 28100]]
I. What should I consider as I prepare my submissions?
You may find the following suggestions helpful for preparing
supplemental information: Explain your views as clearly as possible;
describe any assumptions that you used; provide any technical
information or data you used that support your views; provide specific
examples to illustrate your concerns; offer alternatives; and make sure
to submit your data by the deadline specified. Please provide any
published studies or raw data supporting your position. Confidential
Business Information (CBI) should not be submitted through
www.regulations.gov. Please work with the person listed in the FOR
FURTHER INFORMATION CONTACT section if submitting any information
containing CBI.
II. Background
Subsection (i) of the American Innovation and Manufacturing Act of
2020 (AIM Act or Act),\1\ entitled ``Technology Transitions,'' provides
that 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. Once EPA receives a petition under this subsection, 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.
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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 lists 18 saturated hydrofluorocarbons (HFCs), and by
reference their isomers not so listed, that are covered by the
statute's provisions, referred to as ``regulated substances'' under
the Act. For the statutory list of regulated substances, refer to
subsection (c)(1) of the AIM Act.
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On April 13, 2021, the Agency received five petitions under
subsection (i) of the AIM Act. We have established the docket to this
notice to make these petitions publicly available, and to post letters
of support and other submitted material for public accessibility. Table
1 below lists the petitions received by EPA on April 13, 2021, and each
petition's docket document ID number. Going forward, EPA intends to
also use this docket to post petitions and other relevant information
submitted under subsection (i) of the AIM Act.
Table 1--List of Petitioners and Petition Docket ID Number
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Petitioner Docket ID Number
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Association of Home Appliance EPA-HQ-OAR-2021-0289-0005.
Manufacturers (AHAM).
Environmental Investigation EPA-HQ-OAR-2021-0289-0006.
Agency (EIA).
Natural Resources Defense EPA-HQ-OAR-2021-0289-0007.
Council (NRDC), Colorado
Department of Public Health
& Environment (CDPHE), and
Institute for Governance &
Sustainable Development
(IGSD).
Air Conditioning, Heating, EPA-HQ-OAR-2021-0289-0011.
and Refrigeration Institute
(AHRI).
Air Conditioning, Heating, EPA-HQ-OAR-2021-0289-0012.
and Refrigeration Institute
(AHRI).
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Although not required under the statute, EPA welcomes additional
data and relevant material to aid in its evaluation of petitions, based
on the factors identified in the next section of this notice of data
availability (NODA) and specified in subsection (i) of the AIM Act.
Stakeholders should note that EPA is not soliciting information on any
topic other than the posted petitions under subsection (i) through this
notice. Public submissions that pertain to issues beyond the scope of
this NODA will not be considered.
III. What information does EPA consider when making a determination on
a petition?
Subsection (i) of the AIM Act identifies certain factors for the
Agency to consider when making a determination to grant or deny a
petition. Specifically, subsection (i)(4) of the Act requires EPA to
factor in, to the extent practicable:
(1) The best available data;
(2) the availability of substitutes for use of the regulated
substance that is the subject of the petition, in a sector or
subsector, taking into account technological achievability, commercial
demands, affordability for residential and small business consumers,
safety, consumer costs, building codes, appliance efficiency standards,
contractor training costs, and other relevant factors, including the
quantities of regulated substances available from reclaiming, prior
production, or prior import;
(3) overall economic costs and environmental impacts, as compared
to historical trends; and
(4) the remaining phase-down period for regulated substances under
the final rule issued under subsection (e)(3) of the AIM Act, if
applicable.
EPA invites relevant data related to the factors listed above for
the petitions posted in the docket.\3\ Any information submitted in
response to this NODA should include the name of the petitioner(s) and
the petition document ID number.
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\3\ Subsection (i)(5) of the AIM Act further states that, in
carrying out subsection (i), the Agency shall ``evaluate substitutes
for regulated substances in a sector or subsector, taking into
account technological achievability, commercial demands, safety,
overall economic costs and environmental impacts, and other relevant
factors.''
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Subsequent petitions received by the Agency under subsection (i)
will also be posted in this docket within 30 days of receipt, as well
as on the Agency's website at www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act. Interested entities may sign up to receive
notification when new petitions are posted by following the
instructions at this website. EPA invites relevant information
regarding those petitions from the public to be submitted to the docket
by the deadline provided on the website.
IV. What happens after EPA makes a determination on a petition?
Where the Agency grants a petition submitted under subsection (i)
of the AIM Act, the statute requires EPA to 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
[[Page 28101]]
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.
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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'').
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For petitions which have been denied, the Agency will publish in
the Federal Register an explanation of the denial.
Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2021-11024 Filed 5-24-21; 8:45 am]
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