IN THE SENATE OF THE UNITED STATES
February 15, 2018
Mr. Kennedy (for himself, Mr. Carper, Mr. Cassidy, Mr. Coons, Ms. Collins, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To provide for the issuance of a rule to advance next-generation technologies to provide alternatives to hydrofluorocarbons, and for other purposes.
This Act may be cited as the
American Innovation and Manufacturing Act of 2018.
Phasing down hydrofluorocarbons
Not later than December 31, 2018, the Administrator of the Environmental Protection Agency (referred to in this section as the
Administrator) shall issue one or more rules to phasedown hydrofluorocarbons through an allowance allocation and trading program and the advancement of environmentally friendly technologies, including new compounds, blends, and other substances (such as refrigerants, solvents, fire retardants, foam blowing agents, aerosols, and propellants).
A rule issued under subsection (a) shall—
be issued, reviewed, and enforced in the same manner as rules issued pursuant to title VI of the Clean Air Act (42 U.S.C. 7671 et seq.);
conform to the Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal on September 16, 1987 (including the hydrofluorocarbon phasedown schedule agreed to by parties to the Montreal Protocol on October 15, 2016);
provide for the improvement of refrigerant management programs, including reclamation; and
to promote and support economic development;
to maximize protections for human health and the environment;
to minimize economic costs to hydrofluorocarbon producers, reclaimers, and user entities;
to maximize flexibility for hydrofluorocarbon producers, reclaimers, and user entities; and
to minimize any additional costs to consumers.
Negotiations with stakeholders
In issuing a rule under subsection (a), as the Administrator determines to be appropriate, the Administrator may consider negotiating with all relevant stakeholders, in accordance with the negotiated rulemaking procedure under subchapter III of chapter 5 of title 5, United States Code (commonly known as the
Negotiated Rulemaking Act of 1990).