[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]]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 al.).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P