[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: shodeinde.joshua@epa.gov. 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]
BILLING CODE 6560-50-P


