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IN the UNITED STATES COURT of APPEALS for the DISTRICT of COLUMBIA CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner

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IN the UNITED STATES COURT of APPEALS for the DISTRICT of COLUMBIA CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. Case No. _______ ANDREW WHEELER, Administrator, U.S. Environmental Protection Agency, and UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondents. PETITION FOR REVIEW of a final rule of the U.S. Environmental Protection Agency Pursuant to Clean Air Act § 307(b)(1), 42 U.S.C. § 7607(b)(1), Rule 15 of the Federal Rules of Appellate Procedure, and D.C. Circuit Rule 15, the Natural Resources Defense Council hereby petitions the Court for review of the final rule of Respondents Andrew Wheeler, Administrator, U.S. Environmental Protection Agency (EPA), and EPA, titled “Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes.” This rule was published in the Federal Register at 85 Fed. Reg. 14,150 on March 11, 2020. A copy of the rule is attached as Exhibit A. Dated: May 11, 2020 Respectfully submitted, /s/ Melissa J. Lynch Melissa J. Lynch David D. Doniger Natural Resources Defense Council 1152 15th Street NW, Ste. 300 Washington, DC 20005 Telephone: (202) 289-6868 [email protected] [email protected] Sarah C. Tallman Natural Resources Defense Council 20 N. Wacker Dr., Ste. 1600 Chicago, IL 60606 Telephone: (312) 651-7918 [email protected] Counsel for Petitioner Natural Resources Defense Council, Inc. 2 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT NATURAL RESOURCES DEFENSE COUNCIL, INC., Petitioner, v. Case No. _______ ANDREW WHEELER, Administrator, U.S. Environmental Protection Agency, and UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondents. RULE 26.1 CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1 and D.C. Circuit Rule 26.1, Petitioner Natural Resources Defense Council makes the following disclosures: Non-Governmental Corporate Party to this Action: Natural Resources Defense Council, Inc. (NRDC). Parent Corporations: None. Publicly Held Company that Owns 10% or More of Party’s Stock: None. Party’s General Nature and Purpose: NRDC, a corporation organized and existing under the laws of the State of New York, is a national nonprofit organization dedicated to improving the quality of the human environment and protecting the nation’s endangered natural resources. Dated: May 11, 2020 Respectfully submitted, /s/ Melissa J. Lynch Melissa J. Lynch David D. Doniger Natural Resources Defense Council 1152 15th Street NW, Ste. 300 Washington, DC 20005 Telephone: (202) 289-6868 [email protected] [email protected] Sarah C. Tallman Natural Resources Defense Council 20 N. Wacker Dr., Ste. 1600 Chicago, IL 60606 Telephone: (312) 651-7918 [email protected] Counsel for Petitioner Natural Resources Defense Council, Inc. 2 CERTIFICATE OF SERVICE I hereby certify that on this 11th day of May, 2020, the foregoing Petition for Review and Rule 26.1 Corporate Disclosure Statement of the Natural Resources Defense Council have been served by certified U.S. mail, return receipt requested on each of the following: Andrew Wheeler Administrator U.S. Environmental Protection Agency Mail Code 1101A 1200 Pennsylvania Avenue, NW Washington, DC 20460 Correspondence Control Unit Office of General Counsel (2311) U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460 William P. Barr Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 /s/ Melissa J. Lynch Melissa J. Lynch Exhibit A U.S. EPA, Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes, 85 Fed. Reg. 14,150 (Mar. 11, 2020) 14150 Federal Register / Vol. 85, No. 48 / Wednesday, March 11, 2020 / Rules and Regulations Subpart II—North Carolina ‘‘110(a)(1) and (2) Infrastructure § 52.1770 Identification of plan. Requirements for the 2015 8-Hour * * * * * ■ 3. Section 52.1770, is amended in Ozone NAAQS’’ at the end of the table (e) * * * paragraph (e) by adding an entry for to read as follows: EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS State EPA Provision effective approval Federal Register Explanation date date citation ******* 110(a)(1) and (2) Infra- 9/27/2018 3/11/2020 [Insert citation of publica- With the exception of 110(a)(2)(D)(i)(I) (prongs 1 and structure Requirements tion]. 2) and PSD provisions related to major sources for the 2015 8-Hour under sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) Ozone NAAQS. (prong 3), and 110(a)(2)(J). [FR Doc. 2020–04855 Filed 3–10–20; 8:45 am] documents in the docket are listed on refrigerants 2 and their substitutes 3 in BILLING CODE 6560–50–P the www.regulations.gov website. the course of maintaining, servicing, Although listed in the index, some repairing, or disposing of appliances or information is not publicly available, industrial process refrigeration (IPR). ENVIRONMENTAL PROTECTION e.g., confidential business information The EPA refers to this third component AGENCY or other information whose disclosure is as the ‘‘venting prohibition.’’ Section restricted by statute. Certain other 608(c)(1) establishes the venting 40 CFR Part 82 material, such as copyrighted material, prohibition for ODS refrigerants [EPA–HQ–OAR–2017–0629; FRL–10006–10– is not placed on the internet and will be effective July 1, 1992, and it includes an OAR] publicly available only in hard copy exemption from this prohibition for form. All other publicly available docket ‘‘[d]e minimis releases associated with RIN 2060–AT81 materials are available electronically good faith attempts to recapture and through www.regulations.gov. recycle or safely dispose’’ any such Protection of Stratospheric Ozone: substance. Section 608(c)(2) extends Revisions to the Refrigerant FOR FURTHER INFORMATION CONTACT: Jeremy Arling by regular mail: U.S. 608(c)(1) to substitute refrigerants, Management Program’s Extension to effective November 15, 1995. Section Substitutes Environmental Protection Agency, Stratospheric Protection Division 608(c)(2) also includes a provision that AGENCY: Environmental Protection (6205T), 1200 Pennsylvania Avenue allows the Administrator to exempt a Agency (EPA). NW, Washington, DC 20460; by substitute refrigerant from the venting prohibition if he or she determines that ACTION: Final rule. telephone: (202) 343–9055; or by email: [email protected]. More such venting, release, or disposal of a SUMMARY: The Clean Air Act prohibits information can also be found at: substitute refrigerant ‘‘does not pose a 4 knowingly venting or releasing ozone- https://www.epa.gov/section608. threat to the environment.’’ The EPA first issued regulations depleting and substitute refrigerants in SUPPLEMENTARY INFORMATION: the course of maintaining, servicing, under section 608 of the CAA on May repairing, or disposing of appliances or I. General Information 14, 1993 (58 FR 28660, ‘‘1993 Rule’’), to industrial process refrigeration. In 2016, establish the national refrigerant A. What is the National Recycling and management program for ODS the EPA amended the regulatory Emission Reduction Program? refrigerant management requirements refrigerants recovered during the Section 608 of the Clean Air Act and extended requirements that service, repair, or disposal of air- (CAA), titled ‘‘National Recycling and previously applied only to refrigerants conditioning and refrigeration Emission Reduction Program,’’ has three appliances. The 1993 Rule required that containing an ozone-depleting main components. First, section 608(a) persons servicing air-conditioning and substance to substitute refrigerants that requires the EPA to establish standards refrigeration equipment containing ODS are subject to the venting prohibition and requirements regarding the use and refrigerants observe certain practices (i.e., those that have not been exempted disposal of class I and class II that reduce emissions. It established from that prohibition) such as substances.1 The second component, hydrofluorocarbons. Based on changes section 608(b), requires that the 2 The term ‘‘ODS refrigerant’’ as used in this to the legal interpretation that supported regulations issued pursuant to document refers to any refrigerant or refrigerant that 2016 rule, this action revises some blend in which one or more of the components is subsection (a) contain requirements for of those requirements—specifically, the a class I or class II substance. the safe disposal of class I and class II 3 appliance maintenance and leak repair The term ‘‘substitute’’ is defined at § 82.152. substances. The third component, 4 provisions—so they apply only to The EPA is using the term ‘‘non-exempt section 608(c), prohibits the knowing substitute’’ in this document to refer to substitute equipment using refrigerant containing venting, release, or disposal of ODS refrigerants that have not been exempted from the an ozone-depleting substance. venting prohibition under CAA section 608(c)(2) and § 82.154(a) in the relevant end-use. Similarly, DATES: This final rule is effective on 1 A class I or class II substance is an ozone- the term ‘‘exempt substitute’’ refers to a substitute April 10, 2020. depleting substance (ODS) listed at 40 CFR part 82, refrigerant that has been exempted from the venting ADDRESSES: The EPA has established a subpart A, appendix A or appendix B, respectively. prohibition under section 608(c)(2) and § 82.154(a) This document refers to class I and class II in the relevant end-use. A few exempt substitutes docket for this action under Docket ID
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