Notification of Determination: Petitions Denied Under Subsection (i) of the American Innovation and Manufacturing Act of 2020, 21579-21580 [2023-06334]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Proposed Rules action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon oxides, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen oxides, Ozone, Reporting and VerDate Sep<11>2014 16:47 Apr 10, 2023 Jkt 259001 recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: April 3, 2023. David Cash, Regional Administrator, EPA Region 1. [FR Doc. 2023–07331 Filed 4–10–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 84 [EPA–HQ–OAR–2021–0289; FRL–10805–01– OAR] Notification of Determination: Petitions Denied Under Subsection (i) of the American Innovation and Manufacturing Act of 2020 Environmental Protection Agency (EPA). ACTION: Petition denials. AGENCY: The purpose of this notification is to alert the public to and provide explanation of the Environmental Protection Agency’s (EPA) decisions to deny two petitions submitted under the American Innovation and Manufacturing Act of 2020. The first petition requests that the Environmental Protection Agency provide an exemption for the use of certain regulated substances in pain relief sprays and the second petition requests that the Agency subject gas canisters of certain regulated substances to import restrictions established under the HFC Allocation Framework Rule. These petitions were submitted to the Agency pursuant to its authority under the Act 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. DATES: EPA denied the two petitions referenced in this notification via letters signed on March 21, 2023. Any petitions for review of the final letters denying the petitions for rulemaking must be filed in the Court of Appeals for the appropriate circuit on or before June 12, 2023. FOR FURTHER INFORMATION CONTACT: Allison Cain, Stratospheric Protection Division, Office of Atmospheric Programs (6205A), Environmental Protection Agency, telephone number: 202–564–1566; email address: cain.allison@epa.gov. You may also visit EPA’s website at https:// www.epa.gov/climate-hfcs-reduction for further information. SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 21579 I. Background Subsection (i) of the American Innovation and Manufacturing Act of 2020 (AIM Act or the 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 Environmental Protection Agency (EPA) to promulgate a rule for the restriction on the use of a regulated substance 2 in a sector or subsector, and the Act states that the petition shall include a request that the Administrator negotiate with stakeholders in accordance with subsection (i)(2)(A). Once 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. If the EPA denies a petition, the Agency shall publish in the Federal Register an explanation of the denial. II. Which petitions is EPA denying? The Agency received two petitions that were submitted under subsection (i) of the AIM Act. The first petition requests that the Environmental Protection Agency provide an exemption for the use of certain regulated substances in pain relief sprays and the second petition requests that the Agency subject gas canisters of certain regulated substances to import restrictions established under the HFC Allocation Framework Rule.3 These petitions were submitted by the Gebauer Company (hereby, ‘‘Gebauer’’) on September 23, 2022, and A.V.W. Inc (hereby, ‘‘AVW’’) on December 15, 2022, respectively. After reviewing these petitions and considering, to the extent practicable in light of the information provided in the submissions, the 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), and is codified at 42 U.S.C. 7675. 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). 3 Links to copies of these petitions and other petitions received to date can be found in the table at https://www.epa.gov/climate-hfcs-reduction/ petitions-under-aim-act. EPA has a docket (Docket ID EPA–HQ–OAR–2021–0289), where all subsection (i) petitions are posted, and where the public may submit information related to those petitions. E:\FR\FM\11APP1.SGM 11APP1 21580 Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 ‘‘Factors for Determination’’ in subsection (i)(4) of the AIM Act, EPA denied the two petitions.4 The petition submitted by Gebauer sought an ‘‘Acceptable Use Exemption’’ for HFC–245fa and HFC–134a for use as a ‘‘pain relief spray.’’ The petition noted these HFCs are currently used by Gebauer to formulate its FDA-cleared medical devices, which provide temporary pain relief or pain prevention by cooling tissue surfaces. EPA explained in its denial that after Gebauer’s submitted its petition, the Agency issued a proposed rule titled, ‘‘Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons Under Subsection (i) of the American Innovation and Manufacturing Act of 2020’’ (87 FR 76738, December 15, 2022). This rule proposed restrictions on the use of HFCs in aerosol products, among others, and specifically addressed the need for an exemption for HFC use in ‘‘pain relief sprays.’’ Because EPA has already initiated a rulemaking that addresses the HFC use covered in this petition, EPA denied the petition as moot. Granting a petition initiates a rulemaking where the Agency will examine restrictions on the use of HFCs covered by the petition. EPA is in the process of assessing whether to allow for continued use of HFCs in ‘‘pain relief sprays,’’ factoring in, to the extent practicable, the considerations provided in AIM Act subsection (i)(4), in the current rulemaking. Initiating a new rulemaking on this question while the current rulemaking is ongoing is therefore unnecessary. This denial does not address the merits of the request submitted by Gebauer.5 The petition submitted by AVW requested that EPA ‘‘subject the importation of small gas canisters containing 100% HFC–152a to the same import regulations that govern bulk shipments of HFC–152a.’’ As explained in its denial, EPA already considered and decided the issue of whether aerosol cans should be treated as bulk in the HFC Allocation Framework Rule.6 Therefore, to the extent that this petition was a request to alter how allowances are expended under that program, EPA denied the petition on the basis that the request was not properly 4 The letters denying the two petitions are available in the docket for this action. 5 EPA notes the petition failed to satisfy the statutory requirement to address negotiated rulemaking. See AIM Act subsection (i)(3)(A). 6 The HFC Allocation Framework Rule, also referred to as the ‘‘Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act,’’ can be found in the Federal Register (86 FR 55116). VerDate Sep<11>2014 16:47 Apr 10, 2023 Jkt 259001 made under subsection (i) of the AIM Act. Subsection (i) authorizes the EPA to promulgate restrictions specific to uses of HFCs in particular sectors and subsectors. The AVW petition referenced ‘‘packaged dusters’’ as one use for EPA to restrict under subsection (i). The December 15, 2022 proposed rule (87 FR 76738) proposed restrictions on the use of HFCs in aerosol products, among others, and specifically proposed restrictions on the use of dusters. Because EPA had already initiated a rulemaking that addressed the use and sector requested by the petition, EPA therefore also denied this aspect of the petition as moot.7 III. What happens after EPA denies a petition? Where the Agency denies a petition submitted under subsection (i) of the AIM Act, the statute requires that the Administrator shall publish in the Federal Register an explanation of the denial per subsection (i)(3)(C), which the Agency is doing through this notification. Judicial Review The AIM Act provides that certain sections of the Clean Air Act (CAA) ‘‘shall apply to’’ the AIM Act and actions ‘‘promulgated by the Administrator of [EPA] pursuant to [the AIM Act] as though [the AIM Act] were expressly included in title VI of [the CAA].’’ 42 U.S.C. 7675(k)(1)(C). Among the applicable sections of the CAA is section 307, which includes provisions on judicial review. Under section 307(b)(1) any petitions for review of these actions denying the petitions must be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notification is published in the Federal Register. Cynthia A. Newberg, Director, Stratospheric Protection Division. [FR Doc. 2023–06334 Filed 4–10–23; 8:45 am] BILLING CODE 6560–50–P 7 EPA notes the petition failed to satisfy the statutory requirement to address negotiated rulemaking. See AIM Act subsection (i)(3)(A). PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 16–271, 18–143, 19–195; DA 23–259, FR ID 135133] Comment Sought on Continued Filing of Alaska Plan FCC Form 477 Mobile Deployment Data; Waiver of Interim PR–USVI Mobile Milestone Filing and Information Provided for Final Milestone Filing Federal Communications Commission. ACTION: Proposed rule. AGENCY: In this document, the Wireless Telecommunications Bureau (WTB) and Office of Economics and Analytics (OEA) seek comment on the process to continue the filing of mobile deployment data consistent with previous FCC Form 477 filings for mobile participants of the Alaska Plan. The document also provides information from the Wireline Competition Bureau (WCB) for mobile recipients of the Uniendo a Puerto Rico Fund and Connect USVI Fund to file their FCC Form 477 network coverage data as part of their final milestone requirement. In addition, WCB waives the data reporting requirement for the interim milestone for mobile recipients of the Uniendo a Puerto Rico Fund and the Connect USVI Fund. DATES: Comments are due on or before April 26, 2023, and Reply Comments are due May 8, 2023. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this document, you should advise the contact listed in the following as soon as possible. ADDRESSES: Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). • Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: https:// www.fcc.gov/ecfs/filings. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. • Filings can be sent by commercial overnight courier, or by first-class or SUMMARY: E:\FR\FM\11APP1.SGM 11APP1

Agencies

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21579-21580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06334]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 84

[EPA-HQ-OAR-2021-0289; FRL-10805-01-OAR]


Notification of Determination: Petitions Denied Under Subsection 
(i) of the American Innovation and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Petition denials.

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

SUMMARY: The purpose of this notification is to alert the public to and 
provide explanation of the Environmental Protection Agency's (EPA) 
decisions to deny two petitions submitted under the American Innovation 
and Manufacturing Act of 2020. The first petition requests that the 
Environmental Protection Agency provide an exemption for the use of 
certain regulated substances in pain relief sprays and the second 
petition requests that the Agency subject gas canisters of certain 
regulated substances to import restrictions established under the HFC 
Allocation Framework Rule. These petitions were submitted to the Agency 
pursuant to its authority under the Act 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.

DATES: EPA denied the two petitions referenced in this notification via 
letters signed on March 21, 2023. Any petitions for review of the final 
letters denying the petitions for rulemaking must be filed in the Court 
of Appeals for the appropriate circuit on or before June 12, 2023.

FOR FURTHER INFORMATION CONTACT: Allison Cain, Stratospheric Protection 
Division, Office of Atmospheric Programs (6205A), Environmental 
Protection Agency, telephone number: 202-564-1566; 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 the 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 Environmental Protection 
Agency (EPA) to promulgate a rule for the restriction on the use of a 
regulated substance \2\ in a sector or subsector, and the Act states 
that the petition shall include a request that the Administrator 
negotiate with stakeholders in accordance with subsection (i)(2)(A). 
Once 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. If the EPA denies a 
petition, the Agency shall publish in the Federal Register an 
explanation of the denial.
---------------------------------------------------------------------------

    \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), and is codified at 42 U.S.C. 7675.
    \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).
---------------------------------------------------------------------------

II. Which petitions is EPA denying?

    The Agency received two petitions that were submitted under 
subsection (i) of the AIM Act. The first petition requests that the 
Environmental Protection Agency provide an exemption for the use of 
certain regulated substances in pain relief sprays and the second 
petition requests that the Agency subject gas canisters of certain 
regulated substances to import restrictions established under the HFC 
Allocation Framework Rule.\3\ These petitions were submitted by the 
Gebauer Company (hereby, ``Gebauer'') on September 23, 2022, and A.V.W. 
Inc (hereby, ``AVW'') on December 15, 2022, respectively. After 
reviewing these petitions and considering, to the extent practicable in 
light of the information provided in the submissions, the

[[Page 21580]]

``Factors for Determination'' in subsection (i)(4) of the AIM Act, EPA 
denied the two petitions.\4\
---------------------------------------------------------------------------

    \3\ Links to copies of these petitions and other petitions 
received to date can be found in the table at https://www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act. EPA has a docket 
(Docket ID EPA-HQ-OAR-2021-0289), where all subsection (i) petitions 
are posted, and where the public may submit information related to 
those petitions.
    \4\ The letters denying the two petitions are available in the 
docket for this action.
---------------------------------------------------------------------------

    The petition submitted by Gebauer sought an ``Acceptable Use 
Exemption'' for HFC-245fa and HFC-134a for use as a ``pain relief 
spray.'' The petition noted these HFCs are currently used by Gebauer to 
formulate its FDA-cleared medical devices, which provide temporary pain 
relief or pain prevention by cooling tissue surfaces. EPA explained in 
its denial that after Gebauer's submitted its petition, the Agency 
issued a proposed rule titled, ``Phasedown of Hydrofluorocarbons: 
Restrictions on the Use of Certain Hydrofluorocarbons Under Subsection 
(i) of the American Innovation and Manufacturing Act of 2020'' (87 FR 
76738, December 15, 2022). This rule proposed restrictions on the use 
of HFCs in aerosol products, among others, and specifically addressed 
the need for an exemption for HFC use in ``pain relief sprays.'' 
Because EPA has already initiated a rulemaking that addresses the HFC 
use covered in this petition, EPA denied the petition as moot. Granting 
a petition initiates a rulemaking where the Agency will examine 
restrictions on the use of HFCs covered by the petition. EPA is in the 
process of assessing whether to allow for continued use of HFCs in 
``pain relief sprays,'' factoring in, to the extent practicable, the 
considerations provided in AIM Act subsection (i)(4), in the current 
rulemaking. Initiating a new rulemaking on this question while the 
current rulemaking is ongoing is therefore unnecessary. This denial 
does not address the merits of the request submitted by Gebauer.\5\
---------------------------------------------------------------------------

    \5\ EPA notes the petition failed to satisfy the statutory 
requirement to address negotiated rulemaking. See AIM Act subsection 
(i)(3)(A).
---------------------------------------------------------------------------

    The petition submitted by AVW requested that EPA ``subject the 
importation of small gas canisters containing 100% HFC-152a to the same 
import regulations that govern bulk shipments of HFC-152a.'' As 
explained in its denial, EPA already considered and decided the issue 
of whether aerosol cans should be treated as bulk in the HFC Allocation 
Framework Rule.\6\ Therefore, to the extent that this petition was a 
request to alter how allowances are expended under that program, EPA 
denied the petition on the basis that the request was not properly made 
under subsection (i) of the AIM Act. Subsection (i) authorizes the EPA 
to promulgate restrictions specific to uses of HFCs in particular 
sectors and subsectors. The AVW petition referenced ``packaged 
dusters'' as one use for EPA to restrict under subsection (i). The 
December 15, 2022 proposed rule (87 FR 76738) proposed restrictions on 
the use of HFCs in aerosol products, among others, and specifically 
proposed restrictions on the use of dusters. Because EPA had already 
initiated a rulemaking that addressed the use and sector requested by 
the petition, EPA therefore also denied this aspect of the petition as 
moot.\7\
---------------------------------------------------------------------------

    \6\ The HFC Allocation Framework Rule, also referred to as the 
``Phasedown of Hydrofluorocarbons: Establishing the Allowance 
Allocation and Trading Program Under the American Innovation and 
Manufacturing Act,'' can be found in the Federal Register (86 FR 
55116).
    \7\ EPA notes the petition failed to satisfy the statutory 
requirement to address negotiated rulemaking. See AIM Act subsection 
(i)(3)(A).
---------------------------------------------------------------------------

III. What happens after EPA denies a petition?

    Where the Agency denies a petition submitted under subsection (i) 
of the AIM Act, the statute requires that the Administrator shall 
publish in the Federal Register an explanation of the denial per 
subsection (i)(3)(C), which the Agency is doing through this 
notification.

Judicial Review

    The AIM Act provides that certain sections of the Clean Air Act 
(CAA) ``shall apply to'' the AIM Act and actions ``promulgated by the 
Administrator of [EPA] pursuant to [the AIM Act] as though [the AIM 
Act] were expressly included in title VI of [the CAA].'' 42 U.S.C. 
7675(k)(1)(C). Among the applicable sections of the CAA is section 307, 
which includes provisions on judicial review. Under section 307(b)(1) 
any petitions for review of these actions denying the petitions must be 
filed in the United States Court of Appeals for the appropriate circuit 
within 60 days from the date this notification is published in the 
Federal Register.

Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2023-06334 Filed 4-10-23; 8:45 am]
BILLING CODE 6560-50-P
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