Overview of the Petition Process
The American Innovation and Manufacturing (AIM) Act includes provisions to facilitate industry’s transition to next-generation technologies. Under subsection (i) of the AIM Act, entitled “Technology Transitions,” on its own initiative, EPA may by rule restrict the use of hydrofluorocarbons (HFCs) in sectors or subsectors where they are used. EPA may restrict HFCs fully, partially, or on a graduated schedule. Alternatively, a person may also petition EPA to promulgate such a rule. Once EPA receives a petition under subsection (i), the AIM Act directs the Agency to evaluate the petition and to grant or deny the petition within 180 days of receipt.
Submit Petitions Under Subsection (i) of the AIM Act
Information on Petitions
EPA has established a docket for petitions at www.regulations.gov, under Docket ID No. EPA-HQ-OAR-2021-0289. Submitted petitions under subsection (i) of the AIM Act and other relevant material will be posted in this docket and accessible to the public. Please see the following notice of data availability for more information:
- Petition Status for Technology Transitions
- Access the Notice of Data Availability (NODA)
- Regulatory Docket
How EPA Evaluates Petitions
EPA must make the evaluation of a petition available to the public. Under subsection (i) of the AIM Act, EPA must evaluate petitions using the following factors:
- The best available data.
- The availability of substitutes for use of the HFC 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 HFCs available from reclaiming, prior production, or prior import.
- Overall economic costs and environmental impacts, as compared to historical trends.
- The remaining phase-down period for HFCs under the allowance allocation program, if applicable.