S. 2448 — Introduced in Senate

II 115th CONGRESS 2d Session S. 2448 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 A BILL To provide for the issuance of a rule to advance next-generation technologies to provide alternatives to hy­dro­fluo­ro­car­bons, and for other purposes. 1. Short title This Act may be cited as the American Innovation and Manufacturing Act of 2018. 2. Phasing down hydrofluorocarbons (a) In general 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). (b) Requirements A rule issued under subsection (a) shall— (1) 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.); (2) 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); (3) provide for the improvement of refrigerant management programs, including reclamation; and (4) be designed— (A) to promote and support economic development; (B) to maximize protections for human health and the environment; (C) to minimize economic costs to hy­dro­fluo­ro­car­bon producers, reclaimers, and user entities; (D) to maximize flexibility for hy­dro­fluo­ro­car­bon producers, reclaimers, and user entities; and (E) to minimize any additional costs to consumers. (c) 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).