5184 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 

7See 73 FR 47168 (August 13, 2008) and 77 FR 

70752 (November 27, 2012). 

8See Nat’l Mining Ass’n v. United States Dep’t of 

the Interior, 70 F.3d 1345, 1351 (D.C. Cir. 1995) 

(‘‘The decision to publish a petition for rulemaking 

. . . is not evidence of a reexamination of the 

policy at issue in the petition.’’); P & V Enterprises 

v. U.S. Army Corps of Engineers, 516 F.3d 1021, 

1026 (D.C. Cir. 2008) (‘‘an agency must be able to 

initiate a public dialogue without inadvertently 

reopening established precedent, or its 

communications with the public would be 

unnecessarily stifled’’). 

9For example, we are not soliciting comment on 

EPA’s small refinery exemption policy, the point of 

obligation, the generation of RINs for exported fuel, 

or any other issue beyond those discrete issues 

raised by the petitions and the NWF letter. 

the Louisiana petition, this petition does 

not specify the volume that should be 

waived. 

Finally, the Governor of Pennsylvania 

submitted a similar petition on May 11, 

2020, seeking a waiver of the RFS 

volume requirements. The Pennsylvania 

petition alleges that increasing annual 

RFS volume obligations severely 

harmed Pennsylvania and the East Coast 

region, and that such harm was 

compounded both by the Tenth Circuit’s 

RFA decision, and the coronavirus 

pandemic and ensuing fall in gasoline 

and diesel demand. 

Several organizations and individuals, 

including the environmental group 

National Wildlife Federation (NWF), 

and Members of Congress, have 

submitted letters expressing support for 

the granting of a waiver. Other 

organizations and individuals, 

including the Renewable Fuels 

Association and various mayors, have 

submitted letters expressing opposition 

to the granting of a waiver. These 

petitions and related letters are available 

in the docket for this action. Should we 

receive additional petitions and letters, 

we will also add those petitions and 

letters to the docket and consider them 

together with requests already received. 

We encourage commenters to carefully 

review both the petitions and the letters 

in the docket in formulating their 

comments. 

EPA is seeking comment on the 

above-described petitions and the 

discrete issues the petitions raise, 

including: 

• In general, whether the petitioners 

have satisfied the criteria for granting a 

waiver that EPA previously set forth 

and/or whether EPA should modify 

those criteria as requested by the 

petitioners; 7

• Whether the petitioners have 

demonstrated severe economic harm to 

a State, a region, or the United States; 

• Whether the petitioners have 

demonstrated a sufficient causal nexus 

between the RFS volume requirements 

and such harm (including whether that 

nexus is actual causation, significant 

contribution, or some other 

relationship); 

• Whether the petitioners have 

accurately assessed the impacts of a 

waiver on other directly and indirectly 

affected persons (including but not 

limited to biofuel producers, farmers, 

consumers of transportation fuel, and 

any affected petroleum refiners and 

importers), and how such impacts 

should affect EPA’s decision on the 

petitions; 

• Whether, as requested by the 

petition from the group of small 

refineries, EPA may target relief to 

certain refineries under the general 

waiver authority; and 

• Ultimately, whether EPA should 

exercise the general waiver authority in 

response to any of the petitions. If the 

commenter believes EPA should waive 

volumes, we ask that the commenter 

identify the specific obligation that 

should be waived (e.g., the 2019 or 2020 

RFS volume obligations), the amount of 

the waiver, and any other details of the 

remedy desired. 

We strongly encourage commenters to 

include data, specific supporting 

examples, and technical analysis, to the 

extent feasible. 

EPA also received a letter from the 

National Wildlife Federation suggesting 

that relief could be granted on the basis 

of severe environmental harm. The 

NWF letter suggests there is evidence of 

environmental harm due to land 

conversion to cropland resulting in 

habitat loss and climate change, 

agricultural runoff and resulting water 

quality impacts, an increase in water 

use to irrigate crop fields, and 

increasing smog and corresponding 

impacts on air quality due to increasing 

ethanol content in gasoline. We also 

solicit comment on the discrete issues 

raised by this letter and whether the 

evidence presented in the letter would 

support a waiver on the basis of severe 

environmental harm. 

EPA is publishing and seeking 

comment on these petitions to foster 

public dialogue on these issues and to 

inform our future decision-making. At 

this time, we are not reconsidering or 

otherwise reexamining the 2019 or 2020 

RFS rulemakings or any other prior 

action,8 or soliciting comment on any 

issues beyond those specifically raised 

by the petitions and the NWF letter in 

support.9 We are also not proposing to 

either grant or to deny any of the 

petitions. 

Dated: January 7, 2021. 

Anne L. Austin, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. 2021–01017 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2020–0579; FRL–10018–63– 

OAR ] 

Proposed Information Collection 

Request; Comment Request; Mobile 

Air Conditioner Retrofitting Program 

(Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency is planning to submit an 

information collection request (ICR), 

‘‘Mobile Air Conditioner Retrofitting 

Program (Renewal)’’ (EPA ICR No. 

1774.08, OMB Control No. 2060–0350) 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act. Before doing so, EPA is 

soliciting public comments on specific 

aspects of the proposed information 

collection as described below. This is a 

proposed extension of the ICR, which is 

currently approved through August 31, 

2021. An Agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

DATES: Comments must be submitted on 

or before March 22, 2021. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2020–0579, online using https://

www.regulations.gov (our preferred 

method), or by email to a-and-r-docket@

epa.gov. Out of an abundance of caution 

for members of the public and our staff, 

the EPA Docket Center and Reading 

Room are closed to the public, with 

limited exceptions, to reduce the risk of 

transmitting COVID–19. Our Docket 

Center staff will continue to provide 

remote customer service via email, 

phone, and webform. We encourage the 

public to submit comments via https:// 

www.regulations.gov or email, as there 

may be a delay in processing mail and 

faxes. Hand deliveries and couriers may 

be received by scheduled appointment 

only. For further information on EPA 

Docket Center services and the current 

status, please visit us online at https:// 

www.epa.gov/dockets. 

EPA’s policy is that all comments 

received will be included in the public 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Notices 5185 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: 

Christina Thompson, Environmental 

Protection Agency, Stratospheric 

Protection Division, Office of 

Atmospheric Programs, MC 6205T, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 564– 

0983; email address: 

thompson.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at https://

www.regulations.gov. The EPA is 

temporarily suspending its Docket 

Center and Reading Room for public 

visitors, with limited exceptions, to 

reduce the risk of transmitting COVID– 

19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

The telephone number for the Docket 

Center is 202–566–1744. For further 

information and updates on EPA Docket 

Center services, please visit us online at 

https://www.epa.gov/dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA is soliciting comments 

and information to enable it to: (i) 

Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and 

clarity of the information to be 

collected; and (iv) minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. EPA will consider the 

comments received and amend the ICR 

as appropriate. The final ICR package 

will then be submitted to OMB for 

review and approval. At that time, EPA 

will issue another Federal Register 

notice to announce the submission of 

the ICR to OMB and the opportunity to 

submit additional comments to OMB. 

Abstract: EPA’s Significant New 

Alternatives Policy (SNAP) program 

implements Section 612 of the 1990 

Clean Air Act (CAA) Amendments 

which authorized the Agency to 

establish regulatory requirements to 

ensure that ozone-depleting substances 

(ODS) are replaced by alternatives that 

reduce overall risks to human health 

and the environment, and to promote an 

expedited transition to safe substitutes. 

To promote this transition, CAA 

specified that EPA establish an 

information clearinghouse of available 

alternatives, and coordinate with other 

Federal agencies and the public on 

research, procurement practices, and 

information and technology transfers. 

Since the program’s inception in 

1994, SNAP has reviewed close to 500 

new chemicals and alternative 

manufacturing processes for a wide 

range of consumer, industrial, space 

exploration, and national security 

applications. Roughly 90% of 

alternatives submitted to EPA for review 

have been listed as acceptable for a 

specific use, typically with some 

condition or limit to minimize risks to 

human health and the environment. 

Regulations promulgated under SNAP 

require that Motor Vehicle Air 

Conditioners (MVACs) retrofitted to use 

a SNAP substitute refrigerant include 

basic information on a label to be 

affixed to the air conditioner. The label 

includes the name of the substitute 

refrigerant, when and by whom the 

retrofit was performed, environmental 

and safety information about the 

substitute refrigerant, and other 

information. This information is needed 

so that subsequent technicians working 

on the MVAC system will be able to 

service the equipment properly, 

decreasing the likelihood of significant 

refrigerant cross-contamination and 

potential failure of air conditioning 

systems and recovery/recycling 

equipment. 

Form Numbers: None. 

Respondents/affected entities: Entities 

potentially affected by this action are 

new and used car dealers, gas service 

stations, top and body repair shops, 

general automotive repair shops, 

automotive repair shops not elsewhere 

classified, including air conditioning 

and radiator specialty shops. 

Respondent’s obligation to respond: 

Mandatory under 40 CFR 82.180. 

Estimated number of respondents: 3 

(total). 

Frequency of response: Once per 

retrofit of a motor vehicle air 

conditioner. 

Total estimated burden: 0.08 hours 

(per year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $3.64 (per year), 

includes $0.10 (per year) annualized 

capital or operation & maintenance 

costs. 

Changes in Estimates: There is a 

decrease of 0.3 hours in the total 

estimated respondent burden compared 

with the ICR currently approved by 

OMB (per year). This decrease is based 

on the decline of MVACs in service 

today using chlorofluorocarbons (CFCs), 

specifically CFC–12. After 1994, new 

cars in the U.S. were no longer 

manufactured with CFC–12 MVACs. 

The number of MVACs originally 

designed to use CFC–12 as well as the 

number of those retrofitted has been 

decreasing every year and EPA 

estimates a continued reduction in the 

number of CFC–12 MVAC retrofits will 

occur during the next three years. EPA 

estimates that in 2020 there were 1,500 

MVACs originally designed to use CFC– 

12 operating in the U.S., and estimates 

that in 2021, 2022 and 2023 the number 

of cars originally designed to use CFC– 

12 will decrease to 600, 200 and 100, 

respectively. Of these, EPA estimates 

that 1 MVAC will be retrofitted annually 

to use alternative refrigerants. Therefore, 

EPA estimates that in 2021, 2022 and 

2023 the number of MVACs to be 

retrofitted is 1 for each year; resulting in 

a total of 3 MVAC retrofits over the 

three years of this ICR. These reductions 

are due to the decrease of CFC–12 

MVACs available on the road for 

retrofitting. 

Hans Christopher Grundler, 

Director, Office of Atmospheric Programs. 

[FR Doc. 2021–01062 Filed 1–15–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–10016–81–Region 3] 

Delegation of Authority to the State of 

West Virginia To Implement and 

Enforce Additional or Revised National 

Emission Standards for Hazardous Air 

Pollutants Standards and New Source 

Performance Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of delegation of 

authority. 

SUMMARY: On October 8, 2020, the 

Environmental Protection Agency (EPA) 

sent the State of West Virginia (West 

Virginia) a letter acknowledging that 

West Virginia’s delegation of authority 

to implement and enforce the National 

Emissions Standards for Hazardous Air 

Pollutants (NESHAP) and New Source 


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