The American Innovation and Manufacturing Act of 2019 - S. 2754

This bill aims to create jobs, drive innovation, and promote economic growth in the United States by supporting and promoting the manufacturing of next-generation technologies, including refrigerants, solvents, fire suppressants, foam blowing agents, aerosols, and propellants. The bill was introduced by Mr. Kennedy and co-sponsored by several other Senators.

Section 1: Short Title

This Act may be cited as the "American Innovation and Manufacturing Act of 2019".

Section 2: Findings; Sense of Congress

This section highlights the findings of Congress, including the significant economic contributions of industries in the United States that use and produce fluorocarbons. It also emphasizes the expected job creation, economic growth, and export advantages resulting from supporting and promoting the technological leadership of the United States in fluorocarbon production and related products.

Section 3: Definitions

This section defines several terms used in the Act, such as "Administrator" (referring to the Administrator of the Environmental Protection Agency) and "regulated substance" (referring to substances listed in the table contained in section 4(a), among others).

Section 4: Listing of Regulated Substances

This section lists the regulated substances, including their common names and exchange values.

Section 5: Monitoring and Reporting Requirements

This section establishes requirements for reporting the production, import, export, consumption, reclaiming, and disposal of regulated substances. Individuals or entities involved in these activities must submit a report to the Administrator on a periodic basis, describing the quantities involved.

Section 6: Phase-Down of Production and Consumption of Regulated Substances

This section establishes production and consumption baselines for regulated substances and outlines a phased reduction in their production and consumption over time. It also provides for the issuance of production and consumption allowances and allows for the transfer or trading of these allowances.

Section 7: Accelerated Schedule

This section allows the Administrator, based on availability of substitutes for regulated substances, to establish a more-stringent schedule for the phase-down of production and consumption of regulated substances. The Administrator may consider negotiating with stakeholders in the relevant sectors or subsectors to develop this schedule through the negotiated rulemaking process.

Section 8: Exchange Authority

This section grants the Administrator authority to promulgate regulations governing the transfer of production allowances for regulated substances. These regulations must use the applicable exchange values specified in the Act and ensure that transfers result in greater reductions in production of regulated substances.

Section 9: Management of Regulated Substances

This section directs the Administrator to promulgate regulations controlling practices, processes, and activities involving the servicing, repair, disposal, or installation of equipment related to regulated substances. The goal is to maximize reclamation and minimize the release of regulated substances, while ensuring the safety of technicians and consumers.

Section 10: Technology Transitions

This section authorizes the Administrator to restrict the use of regulated substances in specific sectors or subsectors, subject to certain criteria. Before proposing such restrictions, the Administrator may consider negotiating with stakeholders. The section also outlines a transition process and requirements for petitions related to the restriction of regulated substances.

Section 11: International Cooperation

This section prohibits trading or transferring production allowances or exporting regulated substances to foreign countries that have not enacted similar requirements to those in the Act. Exceptions are made for transfers between the United States and foreign countries that have revised their domestic production limits in the same manner as the United States. The Administrator is given authority to adjust production limits accordingly.

Section 12: Relationship to Other Law

This section clarifies the implementation of the Act, including delegation of powers to EPA officers or employees and the application of certain provisions of the Clean Air Act. It also addresses the authority of the Administrator to regulate the production or consumption of regulated substances under the Clean Air Act.

Sen. Sheldon Whitehouse

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