,,ii #aafth ,,congress #ast ,session ,s4 #bged ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjai,mr4 ,kennedy 7for himself1 ,mr4 ,carper1 ,mr4 ,cassidy1 ,mr4 ,coons1 ,ms4 ,collins1 ,mr4 ,whitehouse1 ,mr4 ,wicker1 ,mr4 ,merkley1 ,mr4 ,graham1 ,mr4 ,booker1 ,mr4 ,young1 ,mr4 ,markey1 ,mr4 ,boozman1 ,mr4 ,blumenthal1 ,mr4 ,alexander1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to create jobs and drive innovation and economic growth in the ,united ,states by supporting and promoting the manufacture of next-generation technologies1 including refrigerants1 solvents1 fire suppressants1 foam blowing agents1 aerosols1 and propellants4 #a4 ,short title ,this ,act may be cited as the ,american ,innovation and ,manufacturing ,act of #bjai4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds that-- 7#a7 industries in the ,united ,states that use and produce fluorocarbons-- 7,a7 contribute more than #aeh1jjj1jjj1jjj annually in goods and services to the economy of the ,united ,states2 and 7,b7 provide employment to more than #gjj1jjj individuals1 with an industry-wide payroll of more than #cb1jjj1jjj1jjj2 7#b7 the support and promotion of the technological leadership of the ,united ,states in fluorocarbon production and related products1 equipment1 and other uses provided by this ,act is expected-- 7,a7 to create approximately #cc1jjj new manufacturing jobs in the ,united ,states2 and 7,b7 to add approximately #ab1ejj1jjj1jjj per year to the economy of the ,united ,states2 7#c7 supporting and promoting the technological leadership of the ,united ,states in fluorocarbon production and related products1 equipment1 and other uses also creates a significant new export advantage for manufacturers of fluorinated compounds and related products and equipment in the ,united ,states2 7#d7 the new markets for fluorinated products and equipment created by this ,act are expected to increase the share of the ,united ,states of the global fluorocarbon product and equipment market by #be percent 7to #i percent from #g4b percent72 and 7#e7 this ,act incentivizes the investment of approximately #e1jjj1jjj1jjj in the ,united ,states through fiscal year #bjbe to exploit the new markets for fluorinated products and equipment created by this ,act4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,administrator should provide for a safe hydrofluorocarbon transition by ensuring that heating1 ventilation1 air conditioning1 and refrigeration practitioners are positioned to comply with safe servicing1 repair1 disposal1 or installation procedures4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,allowance ,the term allowance means a limited authorization for the production or consumption of a regulated substance established under section #f4 7#c7 ,consumption ,the term consumption1 with respect to a regulated substance1 means a quantity equal to the difference between-- 7,a7 a quantity equal to the sum of-- 7i7 the quantity of that regulated substance produced in the ,united ,states2 and 7ii7 the quantity of the regulated substance imported into the ,united ,states2 and 7,b7 the quantity of the regulated substance exported from the ,united ,states4 7#d7 ,consumption baseline ,the term consumption baseline means the baseline established for the consumption of regulated substances under section #f7;a77#c74 7#e7 ,exchange value ,the term exchange value means the value assigned to a regulated substance in accordance with sections #d and #f1 as applicable4 7#f7 ,import ,the term import means to land on1 bring into1 or introduce into1 or attempt to land on1 bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 regardless of whether that landing1 bringing1 or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#g7 ,produce 7,a7 ,in general ,the term produce means the manufacture of a regulated substance from a raw material or feedstock chemical 7but not including the destruction of a regulated substance by a technology approved by the ,administrator74 7,b7 ,exclusions ,the term produce does not include-- 7i7 the manufacture of a regulated substance that is used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7ii7 the reuse or recycling of a regulated substance4 7#h7 ,production baseline ,the term production baseline means the baseline established for the production of regulated substances under section #f7;a77#b74 7#i7 ,reclaim ,the term reclaim means-- 7,a7 the reprocessing of a recovered regulated substance to at least the purity described in standard #gjj-bjaf of the ,air-,conditioning1 ,heating1 and ,refrigeration ,institute 7or an appropriate successor standard adopted by the ,administrator72 and 7,b7 the verification of the purity of that regulated substance using1 at a minimum1 the analytical methodology described in the standard referred to in subparagraph 7,a74 7#aj7 ,recover ,the term recover means the process by which a regulated substance is-- 7,a7 removed1 in any condition1 from equipment2 and 7,b7 stored in an external container1 with or without testing or processing the regulated substance4 7#aa7 ,regulated substance ,the term regulated substance means-- 7,a7 a substance listed in the table contained in section #d7;a72 and 7,b7 a substance included as a regulated substance by the ,administrator under section #d7;c74 #d4 ,listing of regulated substances 7a7 ,list of regulated substances ,each of the following substances1 and any isomers of such a substance1 shall be a regulated substance3 ,chemical ,name,common ,name,exchange ,value,c,h,f#b;,,chf#b;,,hfc-#acdaajj;,, ch#b;,,fcf#c ,,hfc-#acd;a#adcj;,,ch#b;,,fchf#b;,,hfc- #adc #cec;,,chf#b;,,ch#b;,,cf#c;,,hfc-#bde;fa #ajcj;,,cf#c;,,ch#b;,,cf#b;,,ch#c;,,hfc- #cfemfc#gid;,,cf#c;,,chfcf#c;,,hfc-#bbg; ea#cbbj;,,ch#b;,,fcf#b;,,cf#c;,,hfc-#bcf ;cb#acdj;,,chf#b;,,chfcf#c;,,hfc-#bcf;ea #acgj;,,cf#c;,,ch#b;,,cf#c;,,hfc-#bcf;fa #ihaj;,,ch#b;,,fcf#b;,,chf#b;,,hfc-#bde; ca #fic;,,cf#c;,,chfchfcf#b;,,cf#c;,,hfc-#d c-ajmee#afdj;,,ch#b;,f#b;,,hfc-#cbfge;,, chf#b;,,cf#c;,,hfc-#abe #cejj;,,ch#c;,,cf#c;,,hfc-#adc;a#ddgj;,, ch#c;,,fhfc-#daib;,,ch#b;,,fch#b;,,fhfc- #aebec;,,ch#c;,,chf#b;,,hfc-#aeb;a#abd;, ,chf#c;,,hfc-#bcadhjj4 7b7 ,review ,the ,administrator may-- 7#a7 review the exchange values listed in the table contained in subsection 7a7 on a periodic basis2 and 7#b7 subject to notice and opportunity for public comment1 adjust the exchange values solely on the basis of-- 7,a7 publicly available1 peer-reviewed scientific data2 and 7,b7 other information consistent with widely used or commonly accepted existing exchange values4 7c7 ,other regulated substances 7#a7 ,in general ,subject to notice and opportunity for public comment1 the ,administrator may designate a substance not included in the table contained in subsection 7a7 as a regulated substance if-- 7,a7 the substance-- 7i7 is a chemical substance that is a saturated hydrofluorocarbon2 and 7ii7 has an exchange value1 as determined by the ,administrator in accordance with the basis described in subsection 7b77#b71 of greater than #ec2 and 7,b7 the designation of the substance as a regulated substance would be consistent with the purposes of this ,act4 7#b7 ,savings provision ,nothing in this subsection authorizes the ,administrator to designate as a regulated substance a blend of substances that includes a saturated hydrofluorocarbon for purposes of phasing down production or consumption of regulated substances under section #f1 even if the saturated hydrofluorocarbon is1 or may be1 designated as a regulated substance4 #e4 ,monitoring and reporting requirements 7a7 ,production1 import1 and export level reports 7#a7 ,in general ,on a periodic basis1 to be determined by the ,administrator1 but not less frequently than annually1 each person who1 within the applicable reporting period1 produces1 imports1 exports1 destroys1 transforms1 uses as a process agent1 or reclaims a regulated substance shall submit to the ,administrator a report that describes1 as applicable1 the quantity of the regulated substance that the person-- 7,a7 produced1 imported1 and exported2 7,b7 reclaimed2 7,c7 destroyed by a technology approved by the ,administrator2 7,d7 used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7,e7 used as a process agent4 7#b7 ,requirements 7,a7 ,signed and attested ,the report under paragraph 7#a7 shall be signed and attested by a responsible officer 7within the meaning of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq4774 7,b7 ,no further reports required ,a report under paragraph 7#a7 shall not be required from a person if the person-- 7i7 permanently ceases production1 importation1 exportation1 destruction1 transformation1 use as a process agent1 or reclamation of all regulated substances2 and 7ii7 notifies the ,administrator in writing that the requirement under clause 7i7 has been met4 7,c7 ,baseline period ,each report under paragraph 7#a7 shall include1 as applicable1 the information described in that paragraph for the baseline period of calendar years #bjaa through #bjac4 7b7 ,coordination ,the ,administrator may allow any person subject to the requirements of subsection 7a77#a7 to combine and include the information required to be reported under that subsection with any other related information that the person is required to report to the ,administrator4 #f4 ,phase-down of production and consumption of regulated substances 7a7 ,baselines 7#a7 ,in general ,subject to paragraph 7#d71 the ,administrator shall establish for the phase-down of regulated substances-- 7,a7 a production baseline for the production of all regulated substances in the ,united ,states1 as described in paragraph 7#b72 and 7,b7 a consumption baseline for the consumption of all regulated substances in the ,united ,states1 as described in paragraph 7#c74 7#b7 ,production baseline described ,the production baseline referred to in paragraph 7#a77;,a7 is the quantity equal to the sum of-- 7,a7 the average annual quantity of all regulated substances produced in the ,united ,states during the period-- 7i7 beginning on ,january #a1 #bjaa2 and 7ii7 ending on ,december #ca1 #bjac2 and 7,b7 the quantity equal to the sum of-- 7i7 #ae percent of the production level of hydrochlorofluorocarbons in calendar year #aihi2 and 7ii7 #j4db percent of the production level of chlorofluorocarbons in calendar year #aihi4 7#c7 ,consumption baseline described ,the consumption baseline referred to in paragraph 7#a77;,b7 is the quantity equal to the sum of-- 7,a7 the average annual quantity of all regulated substances consumed in the ,united ,states during the period-- 7i7 beginning on ,january #a1 #bjaa2 and 7ii7 ending on ,december #ca1 #bjac2 and 7,b7 the quantity equal to the sum of-- 7i7 #ae percent of the consumption level of hydrochlorofluorocarbons in calendar year #aihi2 and 7ii7 #j4db percent of the consumption level of chlorofluorocarbons in calendar year #aihi4 7#d7 ,exchange values 7,a7 ,in general ,for purposes of paragraphs 7#b7 and 7#c71 the ,administrator shall use the following exchange values for hydrochlorofluorocarbons and chlorofluoro-carbons3 ,table #b;,chemical ,name,common ,name,exchange ,value,c,h,f,c#ab;,,hcfc-#baaea;,,chf#b; ,c#a ,,hcfc-#bbahaj;,c#b;,,hf#c;,c#ab;,,hcfc- #abcgg;,c#b;,,hf#d;,c#a;,,hcfc-#abdfji;, ,ch#c;,,cfc#ab;,,hcfc-#ada;b#gbe;,,ch#c; ,,cf#b;,c#a;,,hcfc-#adb;b#bcaj;,,cf#c;,, cf#b;,,chc#ab;,,hcfc-#bbe;ca#abb;,,cf#b; ,c#a;,,cf#b;,,chc#a;,,fhcfc-#bbe;cb #eie,table #c;,chemical ,name,common ,name,exchange ,value,c,f,c#ac;,,cfc-#aadgej;,,cf#b;,c# ab;,,cfc-#abajijj;,c#b;,f#c;,c#ac;,,cfc- #aacfacj ,c#b;,f#d;,c#ab;,,cfc-#aadajjjj;,c#b;,f# e;,c#a;,,cfc-#aaegcgj4 7,b7 ,review ,the ,administrator may-- 7i7 review the exchange values listed in the tables contained in subsection 7a7 on a periodic basis2 and 7ii7 subject to notice and opportunity for public comment1 adjust the exchange values solely on the basis of-- 7,i7 publicly available1 peer-reviewed scientific data2 and 7,,ii7 other information consistent with widely used or commonly accepted existing exchange values4 7b7 ,production and consumption phase-,down 7#a7 ,in general ,during the period beginning on ,january #a of each year listed in the table contained in paragraph 7#c7 and ending on ,december #ca of the year before the next year listed on that table1 except as otherwise permitted under this ,act1 no person shall-- 7,a7 produce a quantity of a regulated substance without a corresponding quantity of production allowances1 except as provided in subsection 7e72 or 7,b7 consume a quantity of a regulated substance without a corresponding quantity of consumption allowances4 7#b7 ,compliance ,for each year listed on the table contained in paragraph 7#c71 the ,administrator shall ensure that the annual quantity of all regulated substances produced or consumed in the ,united ,states does not exceed the product obtained by multiplying-- 7,a7 the production baseline or consumption baseline1 as applicable2 and 7,b7 the applicable percentage listed on the table contained in paragraph 7#c74 7#c7 ,relation to baseline ,on ,january #a of each year listed in the following table1 the ,administrator shall apply the applicable percentage1 as described in paragraph 7#a73 ,date,percentage of ,production ,baseline,percentage of ,consumption ,baseline#bjbj-bjbcij percent#ij percent#bjbd-bjbhfj percent#fj percent#bjbi-bjcccj percent#cj percent#bjcd-bjcebj percent#bj percent#bjcf and thereafter#ae percent#ae percent4 7#d7 ,allowances 7,a7 ,quantity ,not later than ,october #a of each calendar year1 the ,administrator shall use the quantity calculated under paragraph 7#b7 to determine the quantity of allowances for the production and consumption of regulated substances that may be used for the following calendar year4 7,b7 ,nature of allowances 7i7 ,in general ,an allowance allocated under this ,act-- 7,i7 does not constitute a property right2 and 7,,ii7 is a limited authorization for the production or consumption of a regulated substance under this ,act4 7ii7 ,savings provision ,nothing in this ,act or in any other provision of law limits the authority of the ,united ,states to terminate or limit an authorization described in clause 7i77,,ii74 7c7 ,regulations regarding production and consumption of regulated substances ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall issue a final rule-- 7#a7 phasing down the production of regulated substances in the ,united ,states through an allowance allocation and trading program in accordance with this ,act2 and 7#b7 phasing down the consumption of regulated substances in the ,united ,states through an allowance allocation and trading program in accordance with the schedule under subsection 7b77#c7 7subject to the same exceptions and other requirements as are applicable to the phase-down of production of regulated substances under this ,act74 7d7 ,exceptions 7#a7 ,feedstocks and process agents ,except for the reporting requirements described in section #e7;a71 this ,act does not apply to-- 7,a7 a regulated substance that is used and entirely consumed 7except for trace quantities7 in the manufacture of another chemical2 or 7,b7 a regulated substance that is used and not entirely consumed in the manufacture of another chemical1 if the remaining amounts of the regulated substance are subsequently destroyed4 7#b7 ,essential uses 7,a7 ,in general ,not earlier than ,january #a1 #bjcd1 the ,administrator may1 after notice and opportunity for public comment1 authorize the production or consumption of a regulated substance for a period of not more than #e years in a quantity in excess of the quantities authorized under subsection 7b77#a7 for the exclusive use of the regulated substance in an application with respect to which the ,administrator determines that-- 7i7 no substitute will be available during the applicable period for that application1 considering technological achievability1 commercial demands1 safety1 and other relevant factors2 and 7ii7 the total supply of the regulated substance authorized under subsection 7b77#a71 including any quantities of a regulated substance available from reclaiming1 prior production1 or prior import1 is insufficient to accommodate the application4 7,b7 ,limitation ,no person receiving an authorization under subparagraph 7,a7 may1 on an annual basis1 produce or consume a quantity of a regulated substance that is greater than #aj percent of the quantity that the person produced or consumed to contribute to the production baseline or the consumption baseline1 as applicable4 7,c7 ,review 7i7 ,in general ,for each application for which the ,administrator has authorized the production or consumption1 as applicable1 of a regulated substance under subparagraph 7,a71 the ,administrator shall review the availability of substitutes1 including any quantities of the regulated substance available from reclaiming or prior production1 not less frequently than once every #e years1 considering technological achievability1 commercial demands1 safety1 and other relevant factors4 7ii7 ,extension ,if the ,administrator determines1 subject to notice and opportunity for public comment1 that no substitute will be available for an application for which the ,administrator granted a waiver under subparagraph 7,a7 during a subsequent period1 the ,administrator may authorize the production or consumption1 as applicable1 of any regulated substance used in the application for not more than an additional #e years in a quantity in excess of the quantity authorized under subsection 7b77#a7 for exclusive use in the application4 7e7 ,domestic manufacturing ,notwithstanding subsection 7b77#a77;,a71 the ,administrator may authorize a person to produce a regulated substance in excess of the number of production allowances held by that person1 subject to the conditions that-- 7#a7 the authorization is-- 7,a7 for a renewable period of not more than #e years2 and 7,b7 subject to notice and opportunity for public comment2 and 7#b7 the production-- 7,a7 is at a facility located in the ,united ,states2 7,b7 is solely for export to1 and use in1 a foreign country that is not subject to the prohibition in section #aa7;a72 and 7,c7 would not violate subsection 7b77#b74 #g4 ,accelerated schedule 7a7 ,in general ,subject to subsection 7d71 the ,administrator may1 in response to a petition submitted to the ,administrator in accordance with subsection 7c7 and after notice and opportunity for public comment1 promulgate regulations that establish a schedule for phasing down the production or consumption of regulated substances that is more stringent than the production and consumption levels of regulated substances required under section #f7;b77#c7 if1 based on the availability of substitutes for regulated substances1 the ,administrator determines that a more-stringent schedule is practicable1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including the quantities of regulated substances available from reclaiming1 prior production1 or prior import4 7b7 ,requirement ,in making a determination on whether to implement a more-stringent phase-down schedule under subsection 7a71 the ,administrator shall-- 7#a7 consider-- 7,a7 the remaining phase-down period for regulated substances under section #f1 if applicable2 and 7,b7 relevant1 publicly available1 peer-reviewed scientific data2 7#b7 apply uniformly any regulations promulgated pursuant to subsection 7a7 to the allocation of production and consumption allowances for regulated substances1 in accordance with section #f7;c72 and 7#c7 adjust the production and consumption allowances accordingly4 7c7 ,petition 7#a7 ,in general ,a person may petition the ,administrator to promulgate regulations for an accelerated schedule for the phase-down of production or consumption of regulated substances under subsection 7a74 7#b7 ,requirement ,a petition submitted under paragraph 7#a7 shall-- 7,a7 be made at such time1 in such manner1 and containing such information as the ,administrator shall require2 and 7,b7 include a showing by the petitioner that there are data to support the petition4 7#c7 ,timelines 7,a7 ,petitions ,the ,administrator shall grant or deny the petition under paragraph 7#a7 by not later than #bgj days after the date on which the ,administrator receives the petition4 7,b7 ,regulations ,if the ,administrator grants a petition under paragraph 7#a71 the final regulations with respect to the petition shall be promulgated by not later than #a year after the date on which the ,administrator grants the petition4 7#d7 ,denial ,if the ,administrator denies a petition under paragraph 7#a71 the ,administrator shall publish a description of the reason for the denial4 7#e7 ,insufficient information ,if the ,administrator determines that the data included under paragraph 7#b77;,b7 in a petition are not sufficient to make a determination under this subsection1 the ,administrator shall use any authority available to the ,administrator to acquire the necessary data4 7d7 ,applicability ,the ,administrator may not promulgate under subsection 7a7 a regulation for the production or consumption of regulated substances that is more stringent than the production or consumption levels required under section #f7;b77#c7 that takes effect before ,january #a1 #bjbd4 #h4 ,exchange authority 7a7 ,transfers ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall promulgate a final regulation that governs the transfer of allowances for the production of regulated substances under section #f7;c77#a7 that uses-- 7#a7 the applicable exchange values described in the table contained in section #d7;a72 or 7#b7 the exchange value described in the rule designating the substance as a regulated substance under section #d7;c74 7b7 ,requirements ,the final rule promulgated pursuant to subsection 7a77#a7 shall-- 7#a7 ensure that the transfers under this section will result in greater total reductions in the production of regulated substances in each year than would occur during the year in the absence of the transfers2 7#b7 permit #b or more persons to transfer production allowances if the transferor of the allowances will be subject1 under the final rule1 to an enforceable and quantifiable reduction in annual production that-- 7,a7 exceeds the reduction otherwise applicable to the transferor under this ,act2 7,b7 exceeds the quantity of production represented by the production allowances transferred to the transferee2 and 7,c7 would not have occurred in the absence of the transaction2 and 7#c7 provide for the trading of consumption allowances in the same manner as is applicable under this section to the trading of production allowances4 #i4 ,management of regulated substances 7a7 ,in general ,for purposes of maximizing reclaiming and minimizing the release of a regulated substance from equipment and ensuring the safety of technicians and consumers1 the ,administrator shall promulgate regulations to control1 where appropriate1 any practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment 7including requiring1 where appropriate1 that any such servicing1 repair1 disposal1 or installation be performed by a trained technician meeting minimum standards1 as determined by the ,administrator7 that involves-- 7#a7 a regulated substance2 7#b7 a substitute for a regulated substance2 7#c7 the reclaiming of a regulated substance used as a refrigerant2 or 7#d7 the reclaiming of a substitute for a regulated substance used as a refrigerant4 7b7 ,reclaiming 7#a7 ,in general ,in carrying out this ,act1 the ,administrator shall consider the use of authority available to the ,administrator under this ,act to increase opportunities for the reclaiming of regulated substances used as refrigerants4 7#b7 ,recovery ,a regulated substance used as a refrigerant that is recovered shall be reclaimed before the regulated substance is sold or transferred to a new owner1 except where the recovered regulated substance is sold or transferred to a new owner solely for the purposes of being reclaimed or destroyed4 7c7 ,coordination ,in promulgating regulations to carry out this section1 the ,administrator may coordinate those regulations with any other regulations promulgated by the ,administrator that involve-- 7#a7 the same or a similar practice1 process1 or activity regarding the servicing1 repair1 disposal1 or installation of equipment2 or 7#b7 reclaiming4 #aj4 ,technology transitions 7a7 ,authority ,subject to the provisions of this section1 the ,administrator may by rule restrict1 fully1 partially1 or on a graduated schedule1 the use of a regulated substance in the sector or subsector in which the regulated substance is used4 7b7 ,negotiated rulemaking 7#a7 ,consideration required ,before proposing a rule for the use of a regulated substance for a sector or subsector under subsection 7a71 the ,administrator shall consider negotiating with stakeholders in the sector or subsector subject to the potential rule in accordance with the negotiated rulemaking procedure provided for under subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the ,negotiated ,rulemaking ,act of #aiij74 7#b7 ,negotiated rulemakings ,if the ,administrator negotiates a rulemaking with stakeholders using the procedure described in paragraph 7#a71 the ,administrator shall1 to the extent practicable1 give priority to completing that rulemaking over completing rulemakings that were not negotiated using that procedure4 7#c7 ,no negotiated rulemaking ,if the ,administrator does not negotiate a rulemaking with stakeholders using the procedure described in paragraph 7#a71 the ,administrator shall1 before commencement of the rulemaking process for a rule under subsection 7a71 publish an explanation of the decision of the ,administrator to not use that procedure4 7c7 ,transition 7#a7 ,proposals ,not later than #ah months after the date of enactment of this ,act1 the ,administrator shall publish in the ,federal ,register a proposal of #a or more dates after which the use of a regulated substance in a sector or subsector shall be restricted4 7#b7 ,final rules ,not later than #ah months after the date on which the ,administrator publishes a proposed rule under paragraph 7#a7 in the ,federal ,register1 the ,administrator shall issue a final rule for that proposed rule4 7d7 ,petitions 7#a7 ,in general ,a person may petition the ,administrator to issue a rule under subsection 7a7 for the restriction on use of a regulated substance in a sector or subsector1 which may include a request that the ,administrator negotiate with stakeholders in accordance with subsection 7b77#a74 7#b7 ,response ,the ,administrator shall grant or deny a petition under paragraph 7#a7 not later than #ahj days after the date of receipt of the petition4 7#c7 ,requirements 7,a7 ,explanation ,if the ,administrator denies a petition under paragraph 7#b71 the ,administrator shall publish in the ,federal ,register an explanation of the denial4 7,b7 ,final rule ,if the ,administrator grants a petition under paragraph 7#b71 the ,administrator shall issue a final rule not later than #b years after the date on which the ,administrator grants the petition4 7,c7 ,publication of petitions ,not later than #cj days after the date on which the ,administrator receives a petition under paragraph 7#a71 the ,administrator shall publish in the ,federal ,register that petition in full4 7e7 ,criteria ,in issuing a rule under subsection 7a71 the ,administrator shall consider the need-- 7#a7 to promote and support domestic economic development2 7#b7 to maximize protections for human health and the environment2 7#c7 to minimize costs for the production1 use1 and reclaiming of regulated substances2 7#d7 to maximize flexibility for the recovery1 reclaiming1 and reuse of regulated substances2 7#e7 to ensure consumer safety2 7#f7 for the availability of substitutes1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors1 including lead times for equipment conversion2 and 7#g7 to minimize any additional costs to consumers4 7f7 ,evaluation ,in carrying out this section1 the ,administrator shall evaluate substitutes for regulated substances in a sector or subsector1 taking into account technological achievability1 commercial demands1 safety1 and other relevant factors4 #aa4 ,international cooperation 7a7 ,in general ,subject to subsection 7b71 no person subject to the requirements of this ,act shall trade or transfer a production allowance or1 after ,january #a1 #bjcc1 export a regulated substance to a person in a foreign country that1 as determined by the ,administrator1 has not enacted or otherwise established within a reasonable timeframe after the date of enactment of this ,act the same or similar requirements or otherwise undertaken commitments regarding the production and consumption of regulated substances as are contained in this ,act4 7b7 ,transfers ,pursuant to subsection 7a71 a person in the ,united ,states may engage in a trade or transfer of a production allowance-- 7#a7 to a person in a foreign country if1 at the time of the transfer1 the ,administrator revises the number of allowances for production under section #f7;b71 as applicable1 for the ,united ,states such that the aggregate national production of the regulated substance to be traded under the revised production limits is equal to the least of-- 7,a7 the maximum production level permitted for the applicable regulated substance in the year of the transfer under this ,act1 less the production allowances transferred2 7,b7 the maximum production level permitted for the applicable regulated substances in the transfer year under applicable law1 less the production allowances transferred2 and 7,c7 the average of the actual national production level of the applicable regulated substances for the #c-year period ending on the date of the transfer1 less the production allowances transferred2 or 7#b7 from a person in a foreign country if1 at the time of the trade or transfer1 the ,administrator finds that the foreign country has revised the domestic production limits of the regulated substance in the same manner as provided with respect to transfers by a person in ,united ,states under this section4 7c7 ,effect of transfers on production limits ,the ,administrator may-- 7#a7 reduce the production limits established under section #f7;b77#b7 as required as a prerequisite to a transfer described in subsection 7b77#a72 or 7#b7 increase the production limits established under section #f7;b77#b7 to reflect production allowances acquired under a trade or transfer described in subsection 7b77#b74 7d7 ,regulations ,the ,administrator shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 promulgate a final rule to carry out this section2 and 7#b7 not less frequently than annually1 review and1 if necessary1 revise the final rule promulgated pursuant to paragraph 7#a74 #ab4 ,relationship to other law 7a7 ,implementation 7#a7 ,rulemakings ,the ,administrator may promulgate such regulations as are necessary to carry out the functions of the ,administrator under this ,act4 7#b7 ,delegation ,the ,administrator may delegate to any officer or employee of the ,environmental ,protection ,agency such of the powers and duties of the ,administrator under this ,act as the ,administrator determines to be appropriate4 7#c7 ,clean ,air ,act ,sections #aac1 #aad1 #cjd1 and #cjg of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdac1 #gdad1 #gfjd1 #gfjg7 shall apply to this ,act and any regulations promulgated by the ,administrator pursuant to this ,act as though this ,act were expressly included in each of those sections1 as applicable1 and the requirements of this ,act were part of that ,act 7#db ,u4,s4,c4 #gdja et seq474 7b7 ,authority ,on issuance of a final rule under section #f7;c7 for the production and consumption of regulated substances1 notwithstanding any other provision of law1 the ,administrator shall have no authority to regulate the production or consumption of regulated substances under section #fad7;b7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfgam7b774