Petition for Writ of Certiorari — Peter Williams, Petitioner v. Environmental Protection Agency, et al.

Supreme Court briefMar 9, 2026

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APPENDIX

Williams v. EPA, No. 24-1386 (D.C. Cir. June

25, 2025) ............................................................. 1a

Letter from Cynthia A. Newburg, Director,

Stratospheric Protection Division,

Environmental Protection Agency, to Peter

Williams (Mar. 31, 2022) ................................... 3a

Memorandum to File, Cynthia A. Newburg,

Director, Stratospheric Protection Division,

Environmental Protection Agency (Mar. 31,

2022) ................................................................... 6a

Phasedown of Hydrofluorocarbons: Notice of

2022 Set-Aside Pool Allowance Allocations

for Production and Consumption of

Regulated Substances under the American

Innovation and Manufacturing Act of 2020,

87 Fed. Reg. 19,683 (Apr. 5, 2022) (excerpt) ... 12a

Letter from Joseph M. Goffman, Assistant

Administrator, Air & Radiation,

Environmental Protection Agency, to J.

Gordon Arbuckle & Lawrence J. Joseph

(Nov. 8, 2024) ................................................... 14a

Williams v. EPA, Nos. 23-1340, 24-1386 (D.C.

Cir. Feb. 10, 2025) ............................................ 17a

Williams v. EPA, Nos. 23-1340, 24-1386 (D.C.

Cir. Apr. 2, 2025).............................................. 18a

Williams v. EPA, No. 24-1386 (D.C. Cir. Oct. 10,

2025) (en banc) ................................................. 22a

Williams v. EEPA, No. 24-1386 (D.C. Cir.

Oct.10, 2025) (panel) ........................................ 23a

5 U.S.C. § 551(13) ................................................... 24a

5 U.S.C. § 553(e) ..................................................... 24a

5 U.S.C. § 555(b), (e) ............................................... 24a

iia

5 U.S.C. § 559 ......................................................... 25a

5 U.S.C. § 702 ......................................................... 25a

5 U.S.C. § 703 ......................................................... 26a

5 U.S.C. § 704 ......................................................... 27a

5 U.S.C. § 706 ......................................................... 27a

28 U.S.C. § 1631 ..................................................... 28a

42 U.S.C. § 7604(a) ................................................. 28a

42 U.S.C. § 7607(b) ................................................. 30a

42 U.S.C. § 7607(d) ................................................. 32a

42 U.S.C. § 7675(e)(2)(D)........................................ 39a

42 U.S.C. § 7675(k)(1) ............................................ 40a

40 C.F.R. § 84.3 (excerpt) ....................................... 40a

40 C.F.R. § 84.15(c) ................................................ 41a

Williams New-Entrant Application (excerpt) ....... 42a

1a

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

September Term, 2024

No. 24-1386

EPA-89FR84583

Peter Williams,

Filed

On:

June 25, 2025

Petitioner

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

BEFORE: Pillard, Katsas, and Rao, Circuit Judges

ORDER

Upon consideration of the emergency motion for

reconsideration or clarification or to transfer or dismiss the case, the opposition thereto, and the reply;

the emergency motion to supplement the record and

to appoint a special master, the opposition thereto,

and the reply; the emergency motion for stay, the notice of opposition thereto, the opposition to the motion, and the corrected reply; the motion for judicial

notice and the opposition thereto; and the motion for

leave to file a notice of supplemental authority, it is

ORDERED that the motion for leave to file a notice of supplemental authority be granted. It is

FURTHER ORDERED that the motion for reconsideration or clarification be denied. With respect

to petitioner’s challenge to the denial by the Environmental Protection Agency (“EPA”) of his application for hydrofluorocarbon allowances, he failed to

timely commence that challenge, regardless of the

jurisdictional status of the time limit. See 42 U.S.C. §

7607(b)(1). And his challenge to that denial was ripe

2a

from the moment that the EPA issued it. See Energy

Future Coal. v. EPA, 793 F.3d 141, 146 (D.C. Cir.

2015). It is

FURTHER ORDERED that the motion to

transfer be denied and the motion to dismiss be

granted. In taking the position that this court lacks

jurisdiction over the remainder of this case, petitioner has waived any argument for jurisdiction. See

Shands v. Comm’r of Internal Revenue, 111 F.4th 1,

10 (D.C. Cir. 2024), cert. denied, 145 S. Ct. 1178

(2025). And it is not “in the interest of justice” to

transfer this case to the district court. 28 U.S.C. §

1631. For one thing, it seems at best questionable

that the district court would have jurisdiction to review petitioner’s challenge to the EPA’s denial of certain of his reconsideration petitions. See Edison Elec.

Inst. v. OSHA, 411 F.3d 272, 282 n.4 (D.C. Cir.

2005). In any event, petitioner has already filed a

case in the district court. See Am. Petroleum Inst. v.

SEC, 714 F.3d 1329, 1337 (D.C. Cir. 2013). It is

FURTHER ORDERED that the remaining motions be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition

will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days

after resolution of any timely petition for rehearing

or petition for rehearing en banc. See Fed. R. App. P.

41(b); D.C. Cir. Rule 41.

Per Curiam

FOR THE COURT:

Clifton B. Cislak, Clerk

BY: /s/

Selena R. Gancasz

Deputy Clerk

3a

UNITED STATES ENVIRONMENTAL

PROTECTION AGENCY

WASHINGTON, D.C. 20460

March 31, 2022

OFFICE OF

AIR AND RADIATION

Mr. Peter Williams

New Era Group

709 Pickering Drive Unit B

Murrells Inlet, South Carolina 29567

Dear Mr. Peter Williams,

This letter communicates EPA’s decision regarding

Peter Williams DBA New Era Group (New Era

Group)’s application for set-aside allowances under

40 CFR § 84.15(c). In accordance with the

methodology

finalized

in

the

final

Hydrofluorocarbon (HFC) Allowance Allocation and

Trading Framework Rule (HFC Allocation

Framework Rule), EPA issued allowances on

October 1, 2021, to companies that had provided

data on their historic import and production of

HFCs, as well as entities that use HFCs in six

applications specified by Congress. EPA also

established the set-aside pool of allowances for a

limited set of end users and importers (see 86 FR

55116). The set-aside pool of allowances was

established for three groups: end users that qualify

for

application-specific

allowances;

existing

importers that were not required to report under 40

CFR part 98 (i.e., the Greenhouse Gas Reporting

Program); and new market entrants. New Era

Group submitted an application for set-aside

allowances as a new market entrant. The regulatory

4a

language specifies that set-aside allowances are

available for entities “who are newly importing

regulated substances, do not share corporate or

common ownership, corporate affiliation in the past

five years, or familial relations with entities

receiving allowances through this rule.” 40 CFR §

84.15(c)(2). EPA also explained in the final rule that

new market entrants may include companies that

had previously imported HFCs in any prior year but

exited the business by 2020 and who did not

otherwise qualify to receive general pool allowances

(see 86 FR 55157).

After reviewing New Era Group’s set-aside

application and supporting information available to

the Agency, EPA has determined that New Era

Group is not eligible for allowances under the setaside pool as a new market entrant and is therefore

denying New Era Group’s application. Based on the

information before the Agency, EPA has determined

that New Era Group does “share corporate or

common ownership, corporate affiliation in the past

five years, or familial relations” with an entity

receiving allowances through this rule, specifically

RMS of Georgia.

Public data available to the Agency from the State

of Georgia Secretary of State confirms that you and

the owner of a company who received allowances

under the final HFC Allocation Framework Rule are

both listed as officers for “New Era Group Inc” as

recently as 2019. This equates to corporate

affiliation in the past five years with an entity

receiving allowances through this rule, and

therefore disqualifies New Era Group’s application

in accordance with EPA’s regulations.

5a

Further, the application submitted for new market

entrant set-aside allowances was incomplete. EPA

regulations at 40 CFR § 84.15(d)(2) require

applicants “to be eligible for consideration” to

provide “the complete ownership of the company

(with percentages of ownership)” 40 CFR §

84.15(d)(2)(i). After Agency outreach explaining the

relevant requirements, information submitted by

the applicant failed to show the complete ownership

of the company (with percentages of ownership).

New Era Group also failed to provide as part of its

application, “The date of incorporation and State in

which the company is incorporated” 40 CFR §

84.15(d)(2)(iv), and the “State license identifier” 40

CFR § 84.15(d)(2)(v). For these reasons, EPA is

denying New Era Group’s application.

As of January 1, 2022, if New Era Group chooses to

import any of the HFCs listed at 40 CFR Part 84

Appendix A, or blends containing any of those

HFCs, the company will need to acquire allowances

from another allowance holder by the time of

import.

If you have questions about the content of this

letter, please contact us at HFCAllocation@epa.gov.

More

information

about

the

regulatory

requirements, including fact sheets, frequently

asked questions, and a list of existing allowance

holders is available at https://www.epa.gov/climatehfcs-reduction.

Sincerely,

/s/

Cynthia A. Newberg

Director, Stratospheric Protection

Division

6a

MEMORANDUM

Date:

Subject:

From:

To:

March 31, 2022

Methodology for Allocating Certain

Set-aside Allowances for 2022: Existing

importers who were not required to

report under 40 CFR part 98 and new

market entrants

Cynthia

A.

Newberg,

Director

Stratospheric Protection Division

The file

Purpose

This

memorandum

documents

the

U.S.

Environmental Protection Agency (EPA)’s decisionmaking

regarding

the

allocation

of

hydrofluorocarbon (HFC) consumption allowances

from the set-aside pool for two categories of setaside allowances. The Agency established the setaside pool for entities that meet specific criteria. The

first category is for entities that imported regulated

substances in 2020 that were not required to report

under 40 CFR part 98, i.e., the Greenhouse Gas

Reporting Program (GHGRP), and were not issued

allowances on October 1, 2021 (40 CFR 84.15(c)(1)).

The second category is for new market entrants,

which include entities who are newly importing

regulated substances, do not share corporate or

common ownership, corporate affiliation in the past

five years, or familial relations with entities

receiving allowances through the final rule

establishing the HFC Allowance Allocation and

Trading Program (40 CFR 84.15 (c)(2)). The

decision-making process for a third category of setaside allowances—for entities who requested

7a

application-specific allowances pursuant to 40 CFR

84.15(b)(1)—is

contained

in

a

separate

memorandum.

Decision-making process

EPA followed a consistent process in assessing the

applications received for set-aside allowances

pursuant to 40 CFR 84.15(c)(1) and 40 CFR

84.15(c)(2).

Step 1: Assess the timeliness of applications

• Under 40 CFR 84.15(b), the regulatory deadline

to submit applications for the set-aside pool of

allowances was November 30, 2021. On

November 19, 2021, EPA extended this deadline

to December 6, 2021. Instructions for how to

apply

were

posted

on

this

website:

https://www.epa.gov/climate-hfcs-reduction/hfcallocation-rule-reporting-and-recordkeeping (see

attachment).

• Application forms that were received on or before

December 6, 2021, were considered to be

submitted on time. Applications received after

December 6, 2021, were considered to be late and

were not evaluated. EPA regulations state that

entities needed to apply by the deadline in order

“to be eligible for consideration.” Entities who

inquired about the set-aside pool of allowances

after December 6, 2021, were informed that the

application deadline had passed and that

applications were no longer being accepted.

Step 2: Assess the completeness of applications

• Entities that applied pursuant to 40 CFR

84.15(c)(1) as those that imported regulated

substances in 2020, that were not required to

report under 40 CFR part 98, and were not

8a

issued allowances as of October 1, 2021,

(referred to as “previously unidentified

importers” in the preamble, see 86 FR 55156)

were required to submit an application

consistent with 40 CFR 84.15(d)(1).

• Entities that applied pursuant to 40 CFR

84.15(c)(2) as those who are newly importing

regulated substances, do not share corporate or

common ownership, corporate affiliation in the

past five years, or familial relations with

entities receiving allowances through this rule

(referred to as “new market entrants”) were

required to submit an application consistent

with 40 CFR 84.15(d)(2).

• If an application was missing required

information or supporting documentation, the

Agency reached out to the applicant via email

and/or telephone to request the missing

elements with specified deadlines for providing

the missing information. If the applicant did not

respond initially, EPA made multiple attempts

to obtain the additional information. If an

applicant failed to respond or did not submit the

necessary information, EPA deemed those

applications incomplete and the applications

were denied.

Step 3: Assess each applicant’s eligibility

***

• For new market entrants:

• 40 CFR 84.15(c)(2) specifies that consumption

allowances are available to “Persons who are

newly importing regulated substances, do not

share corporate or common ownership,

corporate affiliation in the past five years, or

9a

•

•

familial relations with entities receiving

allowances through this rule.” EPA also

explained in the preamble and on its website

that new market entrants also include

companies that had previously imported

HFCs in any prior year but exited the

business by 2020 and who did not otherwise

qualify to receive general pool allowances (see

86 FR 55157).

To determine whether an applicant was

newly importing regulated substances (i.e., is

seeking to import HFCs for the very first time

or only began or restarted importing HFCs

after January 1, 2020), EPA looked at the

following sources of information to determine

whether applicants had past import history:

a) certified data submitted to EPA’s GHGRP;

b) data submitted to EPA as part of the setaside application; c) data from U.S. Customs

and Border Protection; and/or d) data from

private import databases (i.e., ImportGenius

and Datamyne) as a supplemental source. In

particular, EPA reviewed 2019 and 2020

import records to confirm whether applicants

were newly importing HFCs in 2020.

To determine whether an applicant shares

corporate or common ownership, corporate

affiliation in the past five years, or familial

relations with entities receiving allowances

through this rule, the Agency looked at

information contained in the new market

entrant applications as well as publicly

available data, for example from Open

Corporates and individual state websites

containing business information, to assess

10a

each applicant’s eligibility criteria. Data

obtained from Dun & Bradstreet Hoovers

were also used to assess each applicant’s

eligibility criteria.

• Applicants who did not meet one or more of

the regulatory eligibility criteria were denied.

• All applicants who were denied set-aside

allowances received a letter documenting

EPA’s reasoning for the denial.

Step 4: Allocate allowances consistent with the

regulatory provisions

• EPA’s final regulations found in 40 CFR

84.15(e)(2) provide the calculation by which

previously unidentified importers would be

allocated allowances.

• Eligible new market entrants could request to be

allocated up to 0.2 million metric tons exchange

value equivalent (MMTEVe), i.e., 200,000

MTEVe. 40 CFR 84.15(e)(3). As applicable,

eligible new market entrants were allocated

either the amount requested, or if they requested

above the regulatory maximum, they were

allocated the regulatory maximum of 200,000

MTEVe.

Outcomes for specific entities who applied as

previously unidentified importers under 40

CFR 84.15(c)(1)

***

Peter Williams DBA New Era Group

This applicant requested 200,000.0 set-aside

allowances, and EPA denied the application. Based

on information available to the Agency, EPA

determined that Peter Williams DBA New Era

11a

Group shares “corporate affiliation in the past five

years” with an entity receiving allowances through

this rule, specifically RMS of Georgia. Public data

available to the Agency from the State of Georgia

Secretary of State show that the applicant (Peter

Williams DBA New Era Group) and the owner of a

company who received consumption allowances on

October 1, 2021 (Ken Ponder, owner of RMS of

Georgia) are both listed as officers for “New Era

Group Inc” as recently as 2019. The owner of an

entity that received allowances on October 1, 2021,

serving as an officer alongside Peter Williams for

New Era Group Inc in 2019 equates to corporate

affiliation. Therefore, the applicant shares corporate

affiliation in the past five years with an entity

receiving allowances through this rule. This

disqualifies Peter Williams DBA New Era Group as

an entity eligible for new market entrant set-aside

allowances in accordance with EPA’s regulations

codified in 40 CFR 84.15(c)(2). Further, the

application submitted by this applicant was

incomplete. EPA regulations at 40 CFR 84.15(d)(2)

require applicants “to be eligible for consideration”

to provide “the complete ownership of the company

(with percentages of ownership)” 40 CFR

84.15(d)(2)(i). After Agency outreach explaining the

relevant requirements, information submitted by

the applicant failed to show the complete ownership

of the company (with percentages of ownership).

Peter Williams DBA New Era Group also failed to

provide as part of its application, “The date of

incorporation and State in which the company is

incorporated” 40 CFR 84.15(d)(2)(iv), and the “State

license identifier” 40 CFR 84.15(d)(2)(v).

***

12a

ENVIRONMENTAL PROTECTION AGENCY

[EPA–HQ–OAR–2021–0669; FRL–9116–02–OAR]

Phasedown of Hydrofluorocarbons: Notice of

2022 Set-Aside Pool Allowance Allocations for

Production and Consumption of Regulated

Substances Under the American Innovation

and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

SUMMARY: The Environmental Protection Agency

(EPA) is providing notice that on March 31, 2022, the

Agency issued hydrofluorocarbon allowances to

applicants that met the applicable criteria from the

set-aside pool established in EPA's 2021 final rule

titled

Phasedown

of

Hydrofluorocarbons:

Establishing the Allowance Allocation and Trading

Program under the American Innovation and

Manufacturing Act. In accordance with this final

rule, the Agency redistributed allowances remaining

in the set-aside pool to entities that received general

pool production and consumption allowances on

October 1, 2021. Both the set-aside allocation and

the general pool reallocation were announced on the

Agency's website on March 31, 2022, and entities

were notified either by letter or electronic mail of the

allocation decisions. The Agency also provided notice

to certain companies on March 31, 2022, that the

Agency intends to retire an identified set of those

companies' allowances in accordance with the

administrative consequences provisions established

in the final rule.

***

Under the third set-aside category, for new

market entrants, 45 entities submitted applications

13a

by the deadline of December 6, 2021. EPA is denying

applications from seven entities, CAILLECH LLC,

ChemPenn, LLC, ComStar International Inc.,

ISOSTU LLC, J&J AC Supply Inc, Kim Stilwell, and

Peter Williams DBA New Era Group, because they

are ineligible under 40 CFR 84.15(c)(2). The

applicants were ineligible for at least one of the

following reasons: [*19685]

(1) Did not submit complete applications,

(2) were not newly importing regulated

substances, or

(3) shared corporate or common ownership,

corporate affiliation in the past five years, or familial

relations with entities receiving allowances on

October 1, 2021.

Consistent with the provisions in 40 CFR 84.15,

EPA has allocated allowances for new market

entrants to the entities listed in Table 2.

***

Under section 307(b)(1) of the CAA, petitions for

judicial review of this action must be filed in the

United States Court of Appeals for the District of

Columbia Circuit within 60 days from the date this

final action is published in the Federal Register.

Filing a petition for reconsideration by the

Administrator of this final action does not affect the

finality of the action for the purposes of judicial

review, nor does it extend the time within which a

petition for judicial review must be filed and shall

not postpone the effectiveness of such rule or action.

Hans Christopher Grundler,

Director, Office of Atmospheric Programs.

[FR Doc. 2022–07152 Filed 4–4–22; 8:45 am]

BILLING CODE 6560–50–P

14a

November 8, 2024

SENT VIA ELECTRONIC MAIL

Mr. J. Gordon Arbuckle, Esq.

2550 M Street NW

Washington, D.C. 20037

gordona123@earthlink.net

Mr. Lawrence J. Joseph, Esq.

1250 Connecticut Avenue, NW

Suite 700-1A

Washington, D.C. 20036

ljoseph@larryjoseph.com

Dear Mr. Arbuckle and Mr. Joseph:

The U.S. Environmental Protection Agency (EPA) is

responding to the letter received from Mr. Gordon

Arbuckle dated April 20, 2022, and the letter

received from Mr. Lawrence J. Joseph dated

December 12, 2022, both of which were sent on

behalf of Peter Williams (dba The New Era Group).

We are responding to these letters as petitions for

reconsideration of an informal adjudication under

section 555(e) of the Administrative Procedures Act.

The letters requested that the EPA reconsider the

Agency’s March 31, 2022, denial of Peter Williams

15a

(dba The New Era Group)’s application for

hydrofluorocarbon (HFC) set-aside allowances under

40 CFR 84.15(c). The EPA is denying the requests to

reconsider the above-cited action and is affirming its

prior denial without reopening that decision.

The EPA’s March 31, 2022, denial, which is

enclosed, cited two reasons for denying the

application from Peter Williams (dba The New Era

Group). First, the EPA determined that Peter

Williams (dba The New Era Group) “share[s]

corporate or common ownership, corporate

affiliation in the past five years, or familial

relations” with an entity receiving allowances.

Second, the application from Peter Williams (dba

The New Era Group) was incomplete for failing to

comply with EPA’s regulations at 40 CFR

84.15(d)(2), which require applicants to provide

among other requirements, “the complete ownership

of the company (with percentages of ownership),”

see 40 CFR 84.15(d)(2)(i), “[t]he date of

incorporation and State in which the company is

incorporated,” see 40 CFR 84.15(d)(2)(iv), and the

“State license identifier,” see 40 CFR 84.15(d)(2)(v).

While the April 20, 2022, and December 12, 2022,

requests seem to assert material error in the

original denial, these requests fail to allege any new

evidence or changed circumstance that warrants

reconsideration of the EPA’s March 31, 2022,

decision to deny your client’s new market entrant

application. All of the information contained in the

April 20, 2022, and December 12, 2022, letters was

available to, and within the control of, Peter

Williams (dba The New Era Group) before the EPA

first acted. Such information is not new evidence or

a demonstration of changed circumstance for

16a

purposes of a petition for reconsideration. To the

extent any information could be considered new

evidence, your client could have provided, and did

not provide, that information to the EPA before the

Agency reached its decision on March 31, 2022. See

Sendra Corp. v. Magaw, 111 F.3d 162, 166 (D.C. Cir.

1997). As a result, the EPA is denying the requests

to reconsider the above-cited action; it is affirming

its prior denial and has not reopened its original

March 31, 2022, decision.

Thank you for your respective letters. I appreciate

your interest in these issues.

Sincerely,

/s/

Joseph Goffman

Assistant Administrator

Enclosure

cc:

Peter Williams

dba The New Era Group

17a

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

September Term, 2024

No. 24-1386

EPA-89FR84583

Peter Williams,

Filed On: February 10,

Petitioner

2025 [2099795]

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

Petitioner

ORDER

Upon consideration of respondents’ motion to

stay deadline to file certified index to the record

pending resolution of dispositive motions, it is

ORDERED that the motion be granted. The certified index to the record is now due 14 days after the

court rules on respondents’ pending motion to dismiss.

FOR THE COURT:

Clifton

B.

Cislak,

Clerk

BY: /s/

Catherine J. Lavender

Deputy Clerk

18a

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

September Term, 2024

No. 23-1340

EPA-88FR72060

Peter Williams,

Filed On: April 2, 2025

Petitioner

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

Petitioner

No. 24-1386

EPA-89FR84583

Peter Williams,

Petitioner

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

Petitioner

BEFORE: Pillard, Katsas, and Rao, Circuit Judges

ORDER

Upon consideration of the motion to consolidate

No. 23-1340 and No. 24-1386, the opposition thereto,

and the reply; the motions to dismiss those two cases, the opposition thereto, and the replies; the crossmotion to hold the cases in abeyance or expedite

them, the oppositions thereto, and the reply; the motion for summary reversal in No. 24-1386, the oppo-

19a

sition thereto, and the reply; the motion to vacate or

extend the briefing schedule in No. 23-1340 and the

opposition thereto; and the emergency motion in No.

24-1386, the opposition thereto, and the reply, it is

ORDERED that the motion to dismiss No. 241386 be granted in part and referred in part to the

merits panel to which the petition for review is assigned. To the extent that petitioner challenges the

denial by the Environmental Protection Agency

(“EPA”) of his application for hydrofluorocarbon allowances and the EPA’s allocations of such allowances for 2022, 2023, and 2024, petitioner failed to

commence No. 24-1386 within the requisite sixty

days of the EPA publishing notice of those actions in

the Federal Register. See 42 U.S.C. §§ 7607(b)(1),

7675(k)(1)(C); Growth Energy v. EPA, 5 F.4th 1, 12–

13 (D.C. Cir. 2021) (per curiam). Neither petitioner’s

request for the EPA’s reconsideration of its initial

denial nor the EPA’s denial of that reconsideration

petition extended petitioner’s time to bring this action. To that end, the Clean Air Act specifies that a

reconsideration petition does not “extend the time

within which” to petition for review. 42 U.S.C. §

7607(b)(1). And the EPA’s denial of that reconsideration petition created no challenge to the EPA’s original decision that petitioner “‘could not have raised’

during the initial sixty-day window.” Sinclair Wyo.

Ref. Co. LLC v. EPA, 114 F.4th 693, 717 (D.C. Cir.

2024) (per curiam) (quoting Honeywell Int’l, Inc. v.

EPA, 705 F.3d 470, 473 (D.C. Cir. 2013)).

Next, petitioner has failed to demonstrate that

he has standing to challenge the EPA’s allowance allocation for 2025. See Grocery Mfrs. Ass’n v. EPA,

693 F.3d 169, 174 (D.C. Cir. 2012). Although that allocation did not grant petitioner any allowances, any

20a

injury asserted by petitioner results from the EPA’s

earlier denial of his application and from the EPA’s

unchallenged regulation tying a new market entrant’s receipt of 2025 allowances to that entity’s receipt of 2023 allowances. See 40 C.F.R. § 84.11(b)(1).

However, we refer the motion to dismiss to the

merits panel with respect to petitioner’s challenge to

the EPA’s denial of his reconsideration petition. The

parties are directed to address in their briefs the issues presented in that part of the motion to dismiss

rather than incorporate those arguments by reference. It is

FURTHER ORDERED that the motion for

summary reversal in No. 24-1386 be denied. The

merits of the parties’ positions are not so clear as to

warrant summary action. See Cascade Broad. Grp.,

Ltd. v. FCC, 822 F.2d 1172, 1174 (D.C. Cir. 1987)

(per curiam). It is

FURTHER ORDERED that the motion to dismiss No. 23-1340 be granted. Because calendar year

2024 has ended, petitioner’s request for interim relief

related to the EPA’s allocation of 2024 allowances

has become moot. See Daimler Trucks N. Am. LLC v.

EPA, 745 F.3d 1212, 1217 (D.C. Cir. 2013). It is

FURTHER ORDERED that the motion to hold

in abeyance or expedite be dismissed as moot with

respect to No. 23-1340 and denied with respect to No.

24-1386. It is

FURTHER ORDERED that the motion to consolidate and the motion to vacate or extend the briefing schedule in No. 23-1340 be dismissed as moot. It

is

FURTHER ORDERED that the emergency motion in No. 24-1386 be dismissed as moot in part and

21a

denied in part. To the extent that petitioner seeks

action on the other motions by April 22, 2025, his

emergency motion is moot because the court has now

acted on those other motions. In all other respects,

petitioner’s emergency motion is denied because he

has not demonstrated an entitlement to his requested relief. Once the EPA has filed a certified index to

the record, petitioner may move to supplement the

record if he believes it inadequate.

Pursuant to D.C. Circuit Rule 36, this disposition

will not be published. The Clerk is directed to withhold issuance of the mandate in No. 23-1340 until

seven days after resolution of any timely petition for

rehearing or petition for rehearing en banc. See Fed.

R. App. P. 41(b); D.C. Cir. Rule 41. The Clerk is directed to withhold issuance of the mandate in No. 241386 until resolution of the remainder of the petition

for review.

Per Curiam

FOR THE COURT:

Clifton

B.

Cislak,

Clerk

BY: /s/

Selena R. Gancasz

Deputy Clerk

22a

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

September Term, 2025

No. 24-1386

EPA-89FR84583

Peter Williams,

Filed On: October 10,

Petitioner

2025

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

BEFORE: Pillard, Katsas, and Rao, Circuit Judges

ORDER

Upon consideration of the motion to supplement

the record, the opposition thereto, and the reply; the

motion to extend time, the opposition thereto, and

the reply; and the petition for rehearing, it is

ORDERED that the motion to supplement the

record and the motion to extend time be denied. Petitioner has failed to demonstrate that his requested

supplements would bear on whether the court should

grant rehearing. It is

FURTHER ORDERED that the petition for rehearing be denied.

Per Curiam

FOR THE COURT:

Clifton

B.

Cislak,

Clerk

BY: /s/

Daniel J. Reidy

Deputy Clerk

23a

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

September Term, 2025

No. 24-1386

EPA-89FR84583

Peter Williams,

Filed On: October 10,

Petitioner

2025

v.

Environmental Protection

Agency and Lee M. Zeldin,

Administrator, Environmental Protection Agency,

in his official capacity,

Respondents

BEFORE: Srinivasan, Chief Judge, and Henderson,

Millett, Pillard, Wilkins, Katsas, Rao, Walker,

Childs, Pan, and Garcia, Circuit Judges

ORDER

Upon consideration of the petition for rehearing

en banc, and the absence of a request by any member

of the court for a vote, it is

ORDERED that the petition be denied.

Per Curiam

FOR THE COURT:

Clifton

B.

Cislak,

Clerk

BY: /s/

Daniel J. Reidy

Deputy Clerk

24a

5 U.S.C. § 551(13)

For the purpose of this subchapter—

***

(13)“agency action” includes the whole or a part of

an agency rule, order, license, sanction, relief, or the

equivalent or denial thereof, or failure to act[.]

5 U.S.C. § 553(e)

Each agency shall give an interested person the

right to petition for the issuance, amendment, or

repeal of a rule.

5 U.S.C. § 555(b), (e)

(b) A person compelled to appear in person before

an agency or representative thereof is entitled to be

accompanied, represented, and advised by counsel or,

if permitted by the agency, by other qualified

representative. A party is entitled to appear in person

or by or with counsel or other duly qualified

representative in an agency proceeding. So far as the

orderly conduct of public business permits, an

interested person may appear before an agency or its

responsible employees for the presentation,

adjustment, or determination of an issue, request, or

controversy in a proceeding, whether interlocutory,

summary, or otherwise, or in connection with an

agency function. With due regard for the convenience

and necessity of the parties or their representatives

and within a reasonable time, each agency shall

proceed to conclude a matter presented to it. This

subsection does not grant or deny a person who is not

a lawyer the right to appear for or represent others

before an agency or in an agency proceeding.

***

25a

(e) Prompt notice shall be given of the denial in

whole or in part of a written application, petition, or

other request of an interested person made in

connection with any agency proceeding. Except in

affirming a prior denial or when the denial is selfexplanatory, the notice shall be accompanied by a

brief statement of the grounds for denial.

5 U.S.C. § 559

This subchapter, chapter 7, and sections 1305,

3105, 3344, 4301(2)(E), 5372, and 7521 of this title,

and the provisions of section 5335(a)(B) of this title

that relate to administrative law judges, do not limit

or repeal additional requirements imposed by statute

or otherwise recognized by law. Except as otherwise

required by law, requirements or privileges relating to

evidence or procedure apply equally to agencies and

persons. Each agency is granted the authority

necessary to comply with the requirements of this

subchapter through the issuance of rules or otherwise.

Subsequent statute may not be held to supersede or

modify this subchapter, chapter 7, sections 1305,

3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or

the provisions of section 5335(a)(B) of this title that

relate to administrative law judges, except to the

extent that it does so expressly.

5 U.S.C. § 702

A person suffering legal wrong because of agency

action, or adversely affected or aggrieved by agency

action within the meaning of a relevant statute, is

entitled to judicial review thereof. An action in a court

of the United States seeking relief other than money

damages and stating a claim that an agency or an

officer or employee thereof acted or failed to act in an

official capacity or under color of legal authority shall

26a

not be dismissed nor relief therein be denied on the

ground that it is against the United States or that the

United States is an indispensable party. The United

States may be named as a defendant in any such

action, and a judgment or decree may be entered

against the United States: Provided, That any

mandatory or injunctive decree shall specify the

Federal officer or officers (by name or by title), and

their successors in office, personally responsible for

compliance. Nothing herein (1) affects other

limitations on judicial review or the power or duty of

the court to dismiss any action or deny relief on any

other appropriate legal or equitable ground; or (2)

confers authority to grant relief if any other statute

that grants consent to suit expressly or impliedly

forbids the relief which is sought.

5 U.S.C. § 703

The form of proceeding for judicial review is the

special statutory review proceeding relevant to the

subject matter in a court specified by statute or, in the

absence or inadequacy thereof, any applicable form of

legal action, including actions for declaratory

judgments or writs of prohibitory or mandatory

injunction or habeas corpus, in a court of competent

jurisdiction. If no special statutory review proceeding

is applicable, the action for judicial review may be

brought against the United States, the agency by its

official title, or the appropriate officer. Except to the

extent that prior, adequate, and exclusive opportunity

for judicial review is provided by law, agency action is

subject to judicial review in civil or criminal

proceedings for judicial enforcement.

27a

5 U.S.C. § 704

Agency action made reviewable by statute and

final agency action for which there is no other

adequate remedy in a court are subject to judicial

review. A preliminary, procedural, or intermediate

agency action or ruling not directly reviewable is

subject to review on the review of the final agency

action. Except as otherwise expressly required by

statute, agency action otherwise final is final for the

purposes of this section whether or not there has been

presented or determined an application for a

declaratory order, for any form of reconsideration, or,

unless the agency otherwise requires by rule and

provides that the action meanwhile is inoperative, for

an appeal to superior agency authority.

5 U.S.C. § 706

To the extent necessary to decision and when

presented, the reviewing court shall decide all

relevant questions of law, interpret constitutional and

statutory provisions, and determine the meaning or

applicability of the terms of an agency action. The

reviewing court shall—

(1) compel agency action unlawfully withheld or

unreasonably delayed; and

(2) hold unlawful and set aside agency action,

findings, and conclusions found to be—

(A) arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law;

(B) contrary to constitutional right, power,

privilege, or immunity;

(C) in excess of statutory jurisdiction, authority,

or limitations, or short of statutory right;

28a

(D) without observance of procedure required by

law;

(E) unsupported by substantial evidence in a case

subject to sections 556 and 557 of this title or

otherwise reviewed on the record of an agency hearing

provided by statute; or

(F) unwarranted by the facts to the extent that the

facts are subject to trial de novo by the reviewing

court.

In making the foregoing determinations, the court

shall review the whole record or those parts of it cited

by a party, and due account shall be taken of the rule

of prejudicial error.

28 U.S.C. § 1631

Whenever a civil action is filed in a court as

defined in section 610 of this title or an appeal,

including a petition for review of administrative

action, is noticed for or filed with such a court and that

court finds that there is a want of jurisdiction, the

court shall, if it is in the interest of justice, transfer

such action or appeal to any other such court (or, for

cases within the jurisdiction of the United States Tax

Court, to that court) in which the action or appeal

could have been brought at the time it was filed or

noticed, and the action or appeal shall proceed as if it

had been filed in or noticed for the court to which it is

transferred on the date upon which it was actually

filed in or noticed for the court from which it is

transferred.

42 U.S.C. § 7604(a)

Except as provided in subsection (b), any person

may commence a civil action on his own behalf—

29a

(1) against any person (including (i) the United

States,

and

(ii)

any

other

governmental

instrumentality or agency to the extent permitted by

the Eleventh Amendment to the Constitution) who is

alleged to have violated (if there is evidence that the

alleged violation has been repeated) or to be in

violation of (A) an emission standard or limitation

under this chapter or (B) an order issued by the

Administrator or a State with respect to such a

standard or limitation,

(2) against the Administrator where there is

alleged a failure of the Administrator to perform any

act or duty under this chapter which is not

discretionary with the Administrator, or

(3) against any person who proposes to construct

or constructs any new or modified major emitting

facility without a permit required under part C of

subchapter I (relating to significant deterioration of

air quality) or part D of subchapter I (relating to

nonattainment) or who is alleged to have violated (if

there is evidence that the alleged violation has been

repeated) or to be in violation of any condition of such

permit.

The district courts shall have jurisdiction, without

regard to the amount in controversy or the citizenship

of the parties, to enforce such an emission standard or

limitation, or such an order, or to order the

Administrator to perform such act or duty, as the case

may be, and to apply any appropriate civil penalties

(except for actions under paragraph (2)). The district

courts of the United States shall have jurisdiction to

compel (consistent with paragraph (2) of this

subsection) agency action unreasonably delayed,

except that an action to compel agency action referred

to in section 7607(b) of this title which is unreasonably

30a

delayed may only be filed in a United States District

Court within the circuit in which such action would be

reviewable under section 7607(b) of this title. In any

such action for unreasonable delay, notice to the

entities referred to in subsection (b)(1)(A) shall be

provided 180 days before commencing such action.

42 U.S.C. § 7607(b)

(1) A petition for review of action of the

Administrator in promulgating any national primary

or secondary ambient air quality standard, any

emission standard or requirement under section 7412

of this title, any standard of performance or

requirement under section 7411 of this title,,3 any

standard under section 7521 of this title (other than a

standard required to be prescribed under section

7521(b)(1) of this title), any determination under

section 7521(b)(5) 1 of this title, any control or

prohibition under section 7545 of this title, any

standard under section 7571 of this title, any rule

issued under section 7413, 7419, or under section 7420

of this title, or any other nationally applicable

regulations promulgated, or final action taken, by the

Administrator under this chapter may be filed only in

the United States Court of Appeals for the District of

Columbia. A petition for review of the Administrator’s

action in approving or promulgating any

implementation plan under section 7410 of this title

or section 7411(d) of this title, any order under section

7411(j) of this title, under section 7412 of this title,

under section 7419 of this title, or under section 7420

of this title, or his action under section 1857c–

10(c)(2)(A), (B), or (C) of this title (as in effect before

August 7, 1977) or under regulations thereunder, or

revising regulations for enhanced monitoring and

31a

compliance certification programs under section

7414(a)(3) of this title, or any other final action of the

Administrator under this chapter (including any

denial or disapproval by the Administrator under

subchapter I) which is locally or regionally applicable

may be filed only in the United States Court of

Appeals for the appropriate circuit. Notwithstanding

the preceding sentence a petition for review of any

action referred to in such sentence may be filed only

in the United States Court of Appeals for the District

of Columbia if such action is based on a determination

of nationwide scope or effect and if in taking such

action the Administrator finds and publishes that

such action is based on such a determination. Any

petition for review under this subsection shall be filed

within sixty days from the date notice of such

promulgation, approval, or action appears in the

Federal Register, except that if such petition is based

solely on grounds arising after such sixtieth day, then

any petition for review under this subsection shall be

filed within sixty days after such grounds arise. The

filing of a petition for reconsideration by the

Administrator of any otherwise final rule or action

shall not affect the finality of such rule or action for

purposes of judicial review nor extend the time within

which a petition for judicial review of such rule or

action under this section may be filed, and shall not

postpone the effectiveness of such rule or action.

(2) Action of the Administrator with respect to

which review could have been obtained under

paragraph (1) shall not be subject to judicial review in

civil or criminal proceedings for enforcement. Where

a final decision by the Administrator defers

performance of any nondiscretionary statutory action

32a

to a later time, any person may challenge the deferral

pursuant to paragraph (1).

42 U.S.C. § 7607(d)

(1) This subsection applies to—

(A) the promulgation or revision of any national

ambient air quality standard under section 7409 of

this title,

(B) the promulgation or revision of an

implementation plan by the Administrator under

section 7410(c) of this title,

(C) the promulgation or revision of any standard

of performance under section 7411 of this title, or

emission standard or limitation under section 7412(d)

of this title, any standard under section 7412(f) of this

title, or any regulation under section 7412(g)(1)(D)

and (F) of this title, or any regulation under section

7412(m) or (n) of this title,

(D) the promulgation of any requirement for solid

waste combustion under section 7429 of this title,

(E) the promulgation or revision of any regulation

pertaining to any fuel or fuel additive under section

7545 of this title,

(F) the promulgation or revision of any aircraft

emission standard under section 7571 of this title,

(G) the promulgation or revision of any regulation

under subchapter IV–A (relating to control of acid

deposition),

(H) promulgation or revision of regulations

pertaining to primary nonferrous smelter orders

under section 7419 of this title (but not including the

granting or denying of any such order),

33a

(I) promulgation or revision of regulations under

subchapter VI (relating to stratosphere and ozone

protection),

(J) promulgation or revision of regulations under

part C of subchapter I (relating to prevention of

significant deterioration of air quality and protection

of visibility),

(K) promulgation or revision of regulations under

section 7521 of this title and test procedures for new

motor vehicles or engines under section 7525 of this

title, and the revision of a standard under section

7521(a)(3) of this title,

(L) promulgation or revision of regulations for

noncompliance penalties under section 7420 of this

title,

(M) promulgation or revision of any regulations

promulgated under section 7541 of this title (relating

to warranties and compliance by vehicles in actual

use),

(N) action of the Administrator under section 7426

of this title (relating to interstate pollution

abatement),

(O) the promulgation or revision of any regulation

pertaining to consumer and commercial products

under section 7511b(e) of this title,

(P) the promulgation or revision of any regulation

pertaining to field citations under section 7413(d)(3)

of this title,

(Q) the promulgation or revision of any regulation

pertaining to urban buses or the clean-fuel vehicle,

clean-fuel fleet, and clean fuel programs under part C

of subchapter II,

34a

(R) the promulgation or revision of any regulation

pertaining to nonroad engines or nonroad vehicles

under section 7547 of this title,

(S) the promulgation or revision of any regulation

relating to motor vehicle compliance program fees

under section 7552 of this title,

(T) the promulgation or revision of any regulation

under subchapter IV–A (relating to acid deposition),

(U) the promulgation or revision of any regulation

under section 7511b(f) of this title pertaining to

marine vessels, and

(V) such other actions as the Administrator may

determine.

The provisions of section 553 through 557 and

section 706 of title 5 shall not, except as expressly

provided in this subsection, apply to actions to which

this subsection applies. This subsection shall not

apply in the case of any rule or circumstance referred

to in subparagraphs (A) or (B) of subsection 553(b) of

title 5.

(2) Not later than the date of proposal of any

action to which this subsection applies, the

Administrator shall establish a rulemaking docket for

such action (hereinafter in this subsection referred to

as a “rule”). Whenever a rule applies only within a

particular State, a second (identical) docket shall be

simultaneously established in the appropriate

regional office of the Environmental Protection

Agency.

(3) In the case of any rule to which this subsection

applies, notice of proposed rulemaking shall be

published in the Federal Register, as provided under

section 553(b) of title 5, shall be accompanied by a

statement of its basis and purpose and shall specify

35a

the period available for public comment (hereinafter

referred to as the “comment period”). The notice of

proposed rulemaking shall also state the docket

number, the location or locations of the docket, and

the times it will be open to public inspection. The

statement of basis and purpose shall include a

summary of—

(A) the factual data on which the proposed rule is

based;

(B) the methodology used in obtaining the data

and in analyzing the data; and

(C) the major legal interpretations and policy

considerations underlying the proposed rule.

The statement shall also set forth or summarize

and provide a reference to any pertinent findings,

recommendations, and comments by the Scientific

Review Committee established under section 7409(d)

of this title and the National Academy of Sciences,

and, if the proposal differs in any important respect

from any of these recommendations, an explanation of

the reasons for such differences. All data, information,

and documents referred to in this paragraph on which

the proposed rule relies shall be included in the docket

on the date of publication of the proposed rule.

(4)

(A) The rulemaking docket required under

paragraph (2) shall be open for inspection by the

public at reasonable times specified in the notice of

proposed rulemaking. Any person may copy

documents

contained

in

the

docket.

The

Administrator shall provide copying facilities which

may be used at the expense of the person seeking

copies, but the Administrator may waive or reduce

such expenses in such instances as the public interest

36a

requires. Any person may request copies by mail if the

person pays the expenses, including personnel costs to

do the copying.

(B)

(i) Promptly upon receipt by the agency, all

written comments and documentary information on

the proposed rule received from any person for

inclusion in the docket during the comment period

shall be placed in the docket. The transcript of public

hearings, if any, on the proposed rule shall also be

included in the docket promptly upon receipt from the

person who transcribed such hearings. All documents

which become available after the proposed rule has

been published and which the Administrator

determines are of central relevance to the rulemaking

shall be placed in the docket as soon as possible after

their availability.

(ii) The drafts of proposed rules submitted by the

Administrator to the Office of Management and

Budget for any interagency review process prior to

proposal of any such rule, all documents

accompanying such drafts, and all written comments

thereon by other agencies and all written responses to

such written comments by the Administrator shall be

placed in the docket no later than the date of proposal

of the rule. The drafts of the final rule submitted for

such review process prior to promulgation and all

such written comments thereon, all documents

accompanying such drafts, and written responses

thereto shall be placed in the docket no later than the

date of promulgation.

(5) In promulgating a rule to which this subsection

applies (i) the Administrator shall allow any person to

submit written comments, data, or documentary

37a

information; (ii) the Administrator shall give

interested persons an opportunity for the oral

presentation of data, views, or arguments, in addition

to an opportunity to make written submissions; (iii) a

transcript shall be kept of any oral presentation; and

(iv) the Administrator shall keep the record of such

proceeding open for thirty days after completion of the

proceeding to provide an opportunity for submission

of rebuttal and supplementary information.

(6)

(A) The promulgated rule shall be accompanied by

(i) a statement of basis and purpose like that referred

to in paragraph (3) with respect to a proposed rule and

(ii) an explanation of the reasons for any major

changes in the promulgated rule from the proposed

rule.

(B) The promulgated rule shall also be

accompanied by a response to each of the significant

comments, criticisms, and new data submitted in

written or oral presentations during the comment

period.

(C) The promulgated rule may not be based (in

part or whole) on any information or data which has

not been placed in the docket as of the date of such

promulgation.

(7)

(A) The record for judicial review shall consist

exclusively of the material referred to in paragraph

(3), clause (i) of paragraph (4)(B), and subparagraphs

(A) and (B) of paragraph (6).

(B) Only an objection to a rule or procedure which

was raised with reasonable specificity during the

period for public comment (including any public

hearing) may be raised during judicial review. If the

38a

person raising an objection can demonstrate to the

Administrator that it was impracticable to raise such

objection within such time or if the grounds for such

objection arose after the period for public comment

(but within the time specified for judicial review) and

if such objection is of central relevance to the outcome

of the rule, the Administrator shall convene a

proceeding for reconsideration of the rule and provide

the same procedural rights as would have been

afforded had the information been available at the

time the rule was proposed. If the Administrator

refuses to convene such a proceeding, such person

may seek review of such refusal in the United States

court of appeals for the appropriate circuit (as

provided in subsection (b)). Such reconsideration shall

not postpone the effectiveness of the rule. The

effectiveness of the rule may be stayed during such

reconsideration, however, by the Administrator or the

court for a period not to exceed three months.

(8) The sole forum for challenging procedural

determinations made by the Administrator under this

subsection shall be in the United States court of

appeals for the appropriate circuit (as provided in

subsection (b)) at the time of the substantive review of

the rule. No interlocutory appeals shall be permitted

with respect to such procedural determinations. In

reviewing alleged procedural errors, the court may

invalidate the rule only if the errors were so serious

and related to matters of such central relevance to the

rule that there is a substantial likelihood that the rule

would have been significantly changed if such errors

had not been made.

(9) In the case of review of any action of the

Administrator to which this subsection applies, the

court may reverse any such action found to be—

39a

(A) arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law;

(B) contrary to constitutional right, power,

privilege, or immunity;

(C) in excess of statutory jurisdiction, authority,

or limitations, or short of statutory right; or

(D) without observance of procedure required by

law, if (i) such failure to observe such procedure is

arbitrary or capricious, (ii) the requirement of

paragraph (7)(B) has been met, and (iii) the condition

of the last sentence of paragraph (8) is met.

(10) Each statutory deadline for promulgation of

rules to which this subsection applies which requires

promulgation less than six months after date of

proposal may be extended to not more than six months

after date of proposal by the Administrator upon a

determination that such extension is necessary to

afford the public, and the agency, adequate

opportunity to carry out the purposes of this

subsection.

(11) The requirements of this subsection shall

take effect with respect to any rule the proposal of

which occurs after ninety days after August 7, 1977.

42 U.S.C. § 7675(e)(2)(D)

(i) Quantity

Not later than October 1 of each calendar year, the

Administrator shall use the quantity calculated under

subparagraph (B) to determine the quantity of

allowances for the production and consumption of

regulated substances that may be used for the

following calendar year.

(ii) Nature of allowances

(I) In general

40a

An allowance allocated under this section—

(aa) does not constitute a property right; and

(bb) is a limited authorization for the production

or consumption of a regulated substance under this

section.

(II) Savings provision

Nothing in this section or in any other provision of

law limits the authority of the United States to

terminate or limit an authorization described in

subclause (I)(bb).

42 U.S.C. § 7675(k)(1)

(A) Rulemakings

The Administrator may promulgate such

regulations as are necessary to carry out the functions

of the Administrator under this section.

(B) 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 section as the Administrator determines to

be appropriate.

(C) Clean Air Act

Sections 113, 114, 304, and 307 of the Clean Air

Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to

this section and any rule, rulemaking, or regulation

promulgated by the Administrator pursuant to this

section as though this section were expressly included

in title VI of that Act (42 U.S.C. 7671 et seq.).

40 C.F.R. § 84.3 (excerpt)

Person means any individual or legal entity,

including an individual, corporation, partnership,

association, state, municipality, political subdivision

41a

of a state, Indian tribe; any agency, department, or

instrumentality of the United States; and any officer,

agent, or employee thereof.

40 C.F.R. § 84.15(c)

(1) Persons who imported regulated substances in

2020 that were not required to report under 40 CFR

part 98 and were not issued allowances as of October

1, 2021; or

(2) Persons who are newly importing regulated

substances, do not share corporate or common

ownership, corporate affiliation in the past five years,

or familial relations with entities receiving allowances

through this rule.

42a

December 2, 2021

To Whom It May Concern,

Peter Williams/dba The New Era Group intends

to import HFC refrigerants in calendar years 2022

and 2023. The New Era Group, nor myself share

any corporate or common ownership, corporate affiliation within the last five years, or familial relations

with entities receiving allowances through the rule

entitles, “Phasedown of Hydrofluorocarbons; Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act”. I have read the HFC Allocation Final

Rule, and understand the sections as noted in this

application for allocations as follows:

• 40 CFR 84.5 Prohibitions relating to regulated

substances

• 40 CFR 84.15 Set-aside of application-specific

allowances, production allowances, and consumption allowances

• 40 CFR 84.19 Transfers of allowances

• 40 CFR 84.23 Certification identification generation and tracking

• 40 CFR 84.31(a), (c), (h), and (k) Recordkeeping

and reporting

• 40 CFR 84.33 Auditing of recordkeeping and reporting

• 40 CFR 84.35 Administrative consequences.

Peter Williams/dba The New Era Group agrees

and certifies the following:

43a

1. will follow all applicable DOT standards, and all

cylinders and containers used by

2. will be compliant with the DOT standards found

at CFR Title 49 part §178.

3. will pay any duties consistent with US Customs

and Boarder Protection requirements per Title 19.

4. will comply with all EPA requirements, including

those established under the AIM Act and annual

Greenhouse

Gas

reporting

requirements

§84.15(d)(2)(viii).

The information submitted in this letter and the application form is complete, accurate, and truthful.

§84.15(d)(2)(ix)

Thank you,

/s/

Peter Williams

44a

OMB Control Number: 2060-0735

Expiration Date: 4/30/2022

American Innovation and Manufacturing Act Application for Set-aside of HFC Allowances

***

Is the compa- Date of Incor- State in which State License

ny a woman

poration

Company is

Identifier

or minority §84.15(d)(2)(i Incorporated §84.15(d)(2)(

owned busiv)

§84.15(d)(2)(i

nesss.

v)

§84.15(d)(2)(

ii)

MinorityUnSouth Caroowned busi- Incorperated

lina

ness

***

v)

Non

45a

Memorandum of Minority Self Certifying

To:

From:

Subject

Date:

HFC Allocation

Peter Williams

The file of HFC Set-aside allowance

February 18, 2022

Please accept this communication as an inclusion to

my application for HFC set aside allowances in the

amount of 200,000 MTEVe. The process that is outlined in 40 CFR Chapter 1 Subchapter C part 84

Subpart A § 84.15 refers to a “Person/Persons”.

My application for the aforementioned set-aside allowance was filed as an individual. Therefore, based

on the clear use of the word person or person, I meet

the qualification set-forth in the CFR.

This correspondence is offered to satisfy the application requirement for proof of corporate structure, of

which there is none for myself as an individual.

With Best Regards

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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