[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Notices]
[Pages 9059-9065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02774]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2021-0044; FRL-10020-30-OAR]


Notice of Data Availability Relevant to the United States 
Hydrofluorocarbon Baselines and Mandatory Allocations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of data availability.

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SUMMARY: This Notice of Data Availability is to alert stakeholders of 
information from the Environmental Protection Agency regarding 
hydrofluorocarbon consumption and production in the United States for 
the years 2011, 2012, and 2013 and solicit stakeholder input. The 
Agency is providing this information in preparation for upcoming 
regulatory actions under the American Innovation and Manufacturing Act 
of 2020, included in the Consolidated Appropriations Act, 2021. Among 
other provisions, the Act directs the Environmental Protection Agency 
to develop production and consumption baselines and to phase down 
hydrofluorocarbon production and consumption relative to those 
baselines. This notice provides information related to total annual 
hydrofluorocarbon production and consumption between 2011 and 2013 
reported to the Environmental Protection Agency's Greenhouse Gas 
Reporting Program as of March 30, 2020, which was the last reporting 
deadline for reporting year 2019 data. The notice identifies possible 
data gaps and requests comment on areas where additional information 
could improve the Agency's data on hydrofluorocarbon consumption and 
production in the United States for those three years. This notice also 
provides the Agency's initial information on hydrofluorocarbon use in 
applications that would receive mandatory allocations under the Act.

DATES: The Environmental Protection Agency (EPA) is interested in 
receiving comments on the data in this notice of data availability 
(NODA) to inform the Agency's regulatory process. To ensure that 
comments can be accounted for in an upcoming EPA proposed rule, please 
submit comments to the Agency by February 25, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0044, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30

[[Page 9060]]

a.m.-4:30 p.m., Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. 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.

FOR FURTHER INFORMATION CONTACT: Andy Chang, U.S. Environmental 
Protection Agency, Stratospheric Protection Division, telephone number: 
202-564-6658; or email address: [email protected]. You may also visit 
EPA's website at www.epa.gov/ozone-layer-protection for further 
information.

SUPPLEMENTARY INFORMATION:

I. What should I consider as I prepare my comments?

    You may find the following suggestions helpful for preparing your 
comments: Explain your views as clearly as possible; describe any 
assumptions that you used; provide any technical information or data 
you used that support your views; provide specific examples to 
illustrate your concerns; offer alternatives; and make sure to submit 
your comments by the comment period deadline identified. Please provide 
any published studies or raw data supporting your position. 
Confidential Business Information (CBI) should not be submitted through 
www.regulations.gov. Please work with the person listed in the FOR 
FURTHER INFORMATION CONTACT section if submitting a comment containing 
CBI.

II. Background

    The Agency is providing information in preparation for upcoming 
regulatory actions under the American Innovation and Manufacturing Act 
of 2020 (AIM Act or Act), included in the Consolidated Appropriations 
Act, 2021. Among other provisions, the Act directs EPA to develop a 
U.S. production baseline and a U.S. consumption baseline and to phase 
down hydrofluorocarbon (HFC) production and consumption relative to 
those baselines.\1\ The legislation specifies that the production and 
consumption baselines are equal to the sum of (1) the average annual 
quantity of all HFCs regulated under the Act that were produced or 
consumed, respectively, in the United States during the period 
beginning on January 1, 2011 and ending on December 31, 2013; (2) the 
quantity equal to the sum of 15 percent of the production or 
consumption, respectively, of hydrochlorofluorocarbons (HCFCs) in 
calendar year 1989; and (3) 0.42 percent of the production or 
consumption, respectively, of chlorofluorocarbons (CFCs) in calendar 
year 1989.
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    \1\ The AIM Act defines consumption as the quantity produced and 
imported in the United States minus the quantity exported from the 
United States.
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    EPA is seeking comment on the accuracy of the data and analyses 
presented in this notice and the draft reports in the docket to this 
notice and welcomes input on those data and potential data gaps. Data 
is available in this notice and will be available in the docket, and 
additional data will be added to the docket on February 8, 2021. Data 
from 2011 through 2013 will be helpful in developing the U.S. HFC 
baselines for production and consumption. Readers should note that EPA 
will only consider comments about the data presented in this notice and 
the draft reports provided in the docket and is not soliciting comments 
on any other topic through this notice. The Agency is also not seeking 
comment on the historic HCFC and CFC consumption and production values 
as the Agency already has those data and no further information is 
needed. Based on feedback provided through this NODA process and other 
stakeholder engagement, EPA intends to revise and release updated 
numbers for 2011-2013 at the same time the Agency issues a proposed 
rule to establish baselines and an HFC allocation system consistent 
with the AIM Act.
    EPA is also providing separate documents in the docket related to 
the applications for which section (e)(4)(B)(iv) of the AIM Act directs 
the Administrator to allocate the full quantity of allowances 
necessary, based on projected, current, and historical trends. Similar 
to the data being provided related to the consumption and production 
baselines, EPA is providing the public with reports related to the 
applications listed for these mandatory allocations so that the public 
can view what data EPA currently has, comment on currently available 
information, and provide information on potential data gaps. The docket 
to this NODA contains documents for the following statutorily-
established applications: (1) Propellants in metered dose inhalers 
(MDIs); (2) defense sprays; (3) structural composite preformed 
polyurethane foam for marine use and trailer use; (4) the etching of 
semiconductor material or wafers and the cleaning of chemical vapor 
deposition (CVD) chambers within the semiconductor manufacturing 
sector; and (5) on board aerospace fire suppression. These reports 
describe EPA's current awareness of the use of HFCs and provide 
information on EPA's current knowledge on projected, current, and 
historical trends of HFC related to these statutorily identified 
applications. EPA requests comment on the data and analysis in these 
documents.
    As stated throughout this notice, EPA plans to undergo a future 
notice and comment rulemaking process, which will be a separate action, 
that will outline the Agency's approach to calculating HFC production 
and consumption baselines, allocating allowances in furtherance of the 
HFC phasedown, and defining applications for mandatory allocations. EPA 
will solicit public feedback on these issues through that separate 
notice and comment process, and therefore is not accepting public 
comment on these matters through this NODA. Public comments that 
pertain to issues beyond the scope of this NODA will not be considered. 
To the extent such comments are relevant to the previously referenced 
future and separate rulemaking, those comments should be resubmitted 
through that future rulemaking process in order to ensure that they are 
duly considered by the Agency. The list of companies in Table 2 is 
provided solely as an illustration of the sources of the net supply 
data currently in the Greenhouse Gas Reporting Program (GHGRP) for the 
years 2011, 2012, and 2013. The list should not be interpreted as any 
indication concerning future Agency decisions about the companies that 
will be allocated allowances pursuant to AIM Act regulations, since 
those are the three years defined in the AIM Act for calculating the 
baseline numbers. Use of AIM Act terminology in this NODA is for 
communication purposes only and should not be viewed as indications of 
how EPA will define these terms in future rulemaking actions.
    The AIM Act will be implemented over time. EPA intends to provide 
more

[[Page 9061]]

information on the status of rulemakings and stakeholder interaction, 
including opportunities for submitting public comment, on the Agency's 
website.

III. What data are available?

    EPA is announcing the availability of data related to the U.S. HFC 
production and consumption baselines as defined in the AIM Act. Data 
contained in this NODA and the associated docket is derived from EPA's 
GHGRP for the years 2011-2013. Some data will be provided in this 
notice and posted in the docket as of the date of publication of this 
NODA. Additional data that is denoted with an asterisk in tables 
provided later in this notice will be uploaded to the docket on 
February 8, 2021.
    Under 40 CFR part 98, the GHGRP requires reporting of greenhouse 
gas (GHG) data and other relevant information from large GHG emission 
sources, fuel and industrial gas suppliers, and suppliers of carbon 
dioxide (CO2). The GHGRP also requires producers of HFCs and 
importers or exporters that supply a total of 25,000 metric tons carbon 
dioxide equivalent (CO2e) or more of fluorinated GHGs 
(including HFCs), nitrous oxide, and carbon dioxide to report their 
supplies to EPA annually. Suppliers include producers, importers, 
exporters, and destroyers of HFCs (who report under 40 CFR part 98, 
subpart OO) and importers and exporters of pre-charged equipment (e.g., 
window air conditioners) and closed-cell foams that contain HFCs (who 
report under 40 CFR part 98, subpart QQ). Under subpart OO, producers 
are required to report the quantities that they produce, transform 
(unless the transformed feedstock is produced onsite), destroy, or send 
off-site for transformation or destruction. Importers of bulk HFCs are 
required to report the quantities that they import, destroy, or send 
off-site for transformation or destruction.\2\ Exporters of bulk HFCs 
are required to report the quantities that they export.
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    \2\ Under the GHGRP, bulk with respect to industrial GHG 
suppliers and CO2 suppliers, means the transfer of a 
product inside containers, including but not limited to tanks, 
cylinders, drums, and pressure vessels.
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    For the years 2011-2013, 42 companies reported HFC supply data 
under Subpart OO via the GHGRP (some of which owned multiple 
facilities). EPA anticipates at this time that the GHGRP data that will 
be used the most to inform the U.S. production and consumption 
baselines are the supplies of HFCs listed as regulated substances in 
the AIM Act that are reported under Subpart OO of the GHGRP.
    The AIM Act states that for purposes of establishing the baselines 
and in implementing the statutorily required HFC phasedown, EPA shall 
use the statutorily provided exchange values for each regulated 
substance (i.e., HFCs), HCFCs, and CFCs. These exchange values are 
numerically identical to the global warming potentials (GWPs) for those 
substances provided in the Fourth Assessment Report of the 
Intergovernmental Panel on Climate Change.\3\ Because the GHGRP 
collects and reports information using GWPs, for the purposes of this 
notice and the reports provided in the docket, the terms ``exchange 
values'' and ``GWP'' have equivalent meaning and the terms are used 
interchangeably. The HFCs listed as regulated substances in the AIM 
Act, and the exchange values that are assigned to them, are listed in 
Table 1.
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    \3\ IPCC, 2007. Climate Change 2007: The Physical Science Basis. 
Contribution of Working Group I to the Fourth Assessment Report of 
the Intergovernmental Panel on Climate Change.

       Table 1--HFCs Listed as Regulated Substances in the AIM Act
------------------------------------------------------------------------
              HFC                    Chemical formula     Exchange value
------------------------------------------------------------------------
HFC-134........................  CHF2CHF2...............           1,100
HFC-134a.......................  CH2FCF3................           1,430
HFC-143........................  CH2FCHF2...............             353
HFC-245fa......................  CHF2CH2CF3.............           1,030
HFC-365mfc.....................  CF3CH2CF2CH3...........             794
HFC-227ea......................  CF3CHFCF3..............           3,220
HFC-236cb......................  CH2FCF2CF3.............           1,340
HFC-236ea......................  CHF2CHFCF3.............           1,370
HFC-236fa......................  CF3CH2CF3..............           9,810
HFC-245ca......................  CH2FCF2CHF2............             693
HFC-43-10mee...................  CF3CHFCHFCF2CF3........           1,640
HFC-32.........................  CH2F2..................             675
HFC-125........................  CHF2CF3................           3,500
HFC-143a.......................  CH3CF3.................           4,470
HFC-41.........................  CH3F...................              92
HFC-152........................  CH2FCH2F...............              53
HFC-152a.......................  CH3CHF2................             124
HFC-23.........................  CHF3...................          14,800
------------------------------------------------------------------------

    EPA is providing as much data as possible while respecting 
confidentiality determinations finalized through previous GHGRP 
rulemakings. Many of the data elements reported to subpart OO of the 
GHGRP were determined to be, and are treated as, confidential by EPA. 
The data presented in Tables 3 and 4, collected under subpart OO from 
producers, importers, and exporters of HFCs, are aggregations that 
shield the underlying CBI from public disclosure. On June 9, 2014, EPA 
issued a Federal Register notice (79 FR 32948) describing the criteria 
used to confirm that an aggregation protects underlying CBI data. 
Combined, the criteria ensure that publishing aggregated values that 
meet the criteria would not inadvertently disclose facility- or 
supplier-level CBI. The June 9, 2014 FR notice also describes the 
circumstances and procedures used to notify individual reporters of 
EPA's intent to aggregate confidential data based on Agency's CBI 
regulations found in 40 CFR part 2.
    EPA's CBI regulations require us to offer the opportunity to make a 
CBI claim to ``any business which, although it has not asserted a [CBI] 
claim, might be expected to assert a claim if it knew EPA proposed to 
disclose the

[[Page 9062]]

information.'' (40 CFR 2.204(c)(2)). For the GHGRP, EPA considers 
aggregations for which a reporter might be expected to make a claim 
that the aggregated value discloses CBI, and are therefore notified of 
the opportunity to do so, as ``small-scale aggregations.'' Generally, 
small-scale aggregations will include data from fewer than 20 unique 
corporate owners, but the cut-off may be higher or lower depending on 
whether a business might be expected to assert a CBI claim for the 
individual aggregation under particular circumstances. In contrast, 
``large-scale aggregations'' of GHGRP data are those for which a 
business is not expected to make a CBI claim due to the larger number 
of unique corporate owners (generally 20 or more), and reporters 
therefore are not typically notified of the opportunity to assert a 
claim through the notification procedures described in the June 9, 2014 
FR notice. GHGRP data presented in Tables 3 and 4 in this notice are 
from large-scale aggregations.
    In notifying GHGRP reporters of small-scale aggregations and per 
the June 9, 2014 FR notice, reporters are given 10 days to file for 
judicial review, per 40 CFR 2.205(f)(2). EPA's practice typically 
allows 10 business days for response or action by reporters upon 
notification. However, because the June 9, 2014 FR notice did not 
specify ``business days'' or ``calendar days'' and due to the 
expeditious nature of this NODA and the desire to include as much data 
as possible either within this notice or in the accompanying record, 
EPA notified reporters to respond or take action in 10 calendar days. 
Further, this release is similar to aggregated data released by the 
Agency from this business sector in the past, to which EPA has never 
received any concerns from submitters. Data aggregations that are 
currently going through the above outlined notification process are 
denoted with an asterisk in Tables 3 and 4 in this notice. EPA intends 
to add them to the docket for this NODA on February 8, 2021 after 
allowing reporters adequate time to review and respond to the 
aggregation notification.

  Table 2--List of Companies That Reported Production, Import, Export, or Destruction to the GHGRP for Any AIM-
                                           Listed HFC During 2011-2013
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                                                                                                 Produced and/or
                         Company name                              Imported         Exported        destroyed
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3M Company...................................................               X                X                X
Advanced Specialty Gases.....................................               X   ...............  ...............
A-Gas........................................................               X   ...............               X
Air Liquide..................................................               X                X   ...............
Airgas Refrigerants, Inc.....................................               X                X   ...............
Airgas Specialty Gases.......................................               X                X   ...............
Altair Partners LP...........................................               X   ...............  ...............
Arkema Inc...................................................               X                X                X
Automart Dist................................................               X   ...............  ...............
AutoZone Parts, Inc..........................................               X   ...............  ...............
BMP International Inc........................................               X   ...............  ...............
Brooks Automation, Inc.......................................  ...............               X   ...............
Chemours.....................................................               X                X                X
Combs Gas, Inc...............................................               X   ...............  ...............
Covestro LLC.................................................  ...............               X   ...............
Daikin America Inc./MDA Manufacturing........................               X   ...............  ...............
Electronic Fluorocarbons.....................................               X                X   ...............
First Continental International..............................               X   ...............  ...............
FSD Group LLC................................................               X   ...............  ...............
General Motors LLC...........................................               X   ...............  ...............
GlaxoSmithKline LLC..........................................               X   ...............  ...............
Honeywell International Inc..................................               X                X                X
Hudson Technologies Company..................................               X   ...............  ...............
ICOR International Inc.......................................               X                X   ...............
Kidde Fenwal, Inc............................................  ...............               X   ...............
Kivlan & Company, Inc........................................               X   ...............  ...............
Lenz Sales & Dist., Inc......................................               X   ...............  ...............
Linde Electronics & Specialty Gases..........................               X                X   ...............
Matheson Tri-Gas, Inc........................................  ...............               X   ...............
Mexichem Fluor Inc...........................................               X                X                X
Mondy Global, Inc............................................               X                X   ...............
National Refrigerants, Inc...................................               X                X   ...............
Ninhua Group Co Ltd..........................................               X   ...............  ...............
Old World Industries, LLC....................................               X   ...............  ...............
Praxair Inc..................................................               X                X   ...............
Refricenter of Miami Inc.....................................               X   ...............  ...............
Solvay Fluorides, LLC........................................               X   ...............  ...............
Technical Chemical Co........................................               X   ...............  ...............
Tulstar Products, Inc........................................               X                X   ...............
USA Refrigerants.............................................               X   ...............  ...............
Wal-Mart Stores, Inc.........................................               X   ...............  ...............
Weitron, Inc.................................................               X   ...............  ...............
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[[Page 9063]]

A. Data Presented Related to HFC Production

    As explained previously, the GHGRP collects and reports data 
related to the production of HFCs. Subpart OO defines ``produce'' as 
follows: ``To produce a fluorinated GHG means to manufacture a 
fluorinated GHG from any raw material or feedstock chemical. Producing 
a fluorinated GHG includes the manufacture of a fluorinated GHG as an 
isolated intermediate for use in a process that will result in its 
transformation either at or outside of the production facility. 
Producing a fluorinated GHG also includes the creation of a fluorinated 
GHG (with the exception of HFC-23) that is captured and shipped off 
site for any reason, including destruction. Producing a fluorinated GHG 
does not include the reuse or recycling of a fluorinated GHG, the 
creation of HFC-23 during the production of HCFC-22, the creation of 
intermediates that are created and transformed in a single process with 
no storage of the intermediates, or the creation of fluorinated GHGs 
that are released or destroyed at the production facility before the 
production measurement at Sec.  98.414(a).'' 40 CFR 98.410(b).
    This definition is similar to, but not identical to, the AIM Act 
definition of ``produce.'' The AIM Act defines the term produce as 
``the manufacture of a regulated substance from a raw material or 
feedstock chemical (but not including the destruction of a regulated 
substance by a technology approved by the Administrator).'' The term 
produce ``does not include--(i) the manufacture of a regulated 
substance that is used and entirely consumed (except for trace 
quantities) in the manufacture of another chemical; or (ii) the 
reclamation, reuse, or recycling of a regulated substance.'' Although 
the definitions of ``produce'' under the GHGRP and the AIM Act are not 
identical, there is sufficient overlap between the terms that 
information collected and reported through the GHGRP can be helpful in 
developing the baseline figures used in future AIM Act regulations.
    The GHGRP also collects data related to the destruction of HFCs. 
Destroyed HFCs are typically byproducts of a chemical process and are 
either destroyed on site or captured and shipped to a separate facility 
for destruction. Hazardous waste facilities also destroy HFCs that have 
been recovered from equipment or are otherwise used. The GHGRP has 
required facilities that produce or import HFCs to report the 
quantities that they destroy since 2010.\4\ In 2018, the requirement to 
report the quantities destroyed was extended to facilities that destroy 
more than 25,000 metric tons CO2e of fluorinated GHGs but 
that do not produce or import them.
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    \4\ Subpart OO of the GHGRP covers neither production nor 
destruction of HFC-23.
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    Six companies have reported production and/or destruction of HFCs 
listed in the AIM Act to the GHGRP in 2011, 2012, and 2013. The 
companies are listed in Table 2. EPA requests comment on whether this 
is the complete listing of companies who produced or destroyed HFCs in 
those years. The docket also contains data on the quantity equal to 
production minus destruction minus transformation of the AIM HFCs 
(other than HFC-23) on a GWP-weighted basis for 2011, 2012, and 2013. 
EPA is presenting aggregated information from producers and destruction 
facilities given the approach to releasing CBI under the GHGRP.\5\
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    \5\ EPA notes that the data presented in this NODA may differ 
from the data provided on the Agency's website. This is because (1) 
some reporters have provided updated data, and (2) the GHGRP website 
displays the net supply of ``saturated HFCs, except HFC-23'' which 
does not completely align with the list of regulated substances 
under the AIM Act. For purposes of this NODA, and its associated 
docket, EPA is presenting GHGRP data that may be relevant to future 
AIM Act regulatory actions.
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Data Gaps
    EPA has identified possible data gaps for HFC production and 
destruction in the United States for 2011, 2012, and 2013. First, the 
GHGRP does not collect data on the production of HFC-23 that is used, 
for example, in very low temperature refrigeration, blast chillers, 
semiconductor etching, and as a fire suppression agent.
    Second, as discussed above, the GHGRP data on the destruction of 
HFCs during 2011, 2012, and 2013 may be incomplete, because facilities 
that destroyed but that did not produce or import fluorinated GHGs were 
not required to report the quantities destroyed in those years.
    EPA specifically encourages comment and submission of data on these 
potential data gaps and whether there are other gaps that the Agency 
has not considered.

B. Data Presented Related to HFC Consumption

    The AIM Act defines consumption as ``a quantity equal to the 
difference between (A) a quantity equal to the sum of--(i) the quantity 
of that regulated substance produced in the United States; and (ii) the 
quantity of the regulated substance imported into the United States; 
and (B) the quantity of the regulated substance exported from the 
United States.'' In more general terms, the net supply of a substance 
to the United States, as that term is understood under the GHGRP, may 
be helpful in developing consumption baselines under the AIM Act.
    Under the GHGRP, each importer and exporter of HFCs must submit an 
annual report that includes total mass in metric tons of each HFC 
imported and exported, including each HFC in a product that makes up 
more than 0.5 percent of the product by mass. Each importer of HFCs 
must also report the total mass sold or transferred for use in 
processes resulting in the transformation or destruction of the HFC. 
HFCs are also imported and exported in equipment such as pre-charged 
air conditioners or in foams. Subpart QQ of the GHGRP collects data on 
these imports and exports.
    Thirty-eight companies have reported importing and nineteen 
companies have reported exporting HFCs to the GHGRP in the years 2011, 
2012, and 2013. These companies are listed in Table 2. EPA requests 
comment on whether this is the complete listing of companies to have 
imported and exported HFCs in those years.
    The data presented in Tables 3 and 4 are large-scale aggregations 
of data. Data aggregations not included in the tables are denoted with 
an asterisk. EPA intends to provide updated data in the docket for this 
NODA on February 8, 2021, after providing reporters time to review and 
respond to the aggregation notification.

[[Page 9064]]



         Table 3--Net Supply of AIM-Listed HFCs (Excluding HFC-23) Reported to GHGRP in Years 2011-2013
                                           [Million Metric Tons CO2e]
----------------------------------------------------------------------------------------------------------------
                                                     Production minus
          Reporting year            Net supply\a\   Destruction minus         Imports              Exports
                                                      Transformation       (98.416(c)(1))       (98.416(d)(1))
----------------------------------------------------------------------------------------------------------------
2011.............................             244                 (*)                  (*)                  (*)
2012.............................             235                 (*)                  (*)                  (*)
2013.............................             288                 (*)                  (*)                  (*)
----------------------------------------------------------------------------------------------------------------
\a\ Net supply means Production minus Destruction minus Transformation plus Imports minus Exports.
  ``Production,'' ``Transformation,'' and ``Destruction'' are used as defined in the GHGRP. See 40 CFR
  98.416(a)(1), 98.416(a)(3), (c)(8), and 98.416(c)(8), respectively.


                    Table 4--Imports of AIM-Listed HFCs Reported to GHGRP in Years 2011-2013
                                           [Million Metric Tons CO2e]
----------------------------------------------------------------------------------------------------------------
                                                                                                All other AIM-
               Reporting year                   HFC-134a         HFC-125         HFC-32          listed HFCs,
                                                                                               excluding HFC-23
----------------------------------------------------------------------------------------------------------------
2011.......................................            16.7             (*)             (*)                 (*)
2012.......................................            19.1            17.1            2.63                 (*)
2013.......................................            17.3            31.3            5.33                 (*)
----------------------------------------------------------------------------------------------------------------

    EPA has also reviewed some of the publicly available import and 
export data that are available for purchase. EPA is not relying on such 
sources for this analysis. However, EPA is interested in understanding 
the extent to which trade data is publicly available. EPA encourages 
commenters to provide information concerning any additional publicly 
available data sources on imports of which they are aware.
Data Gaps
    EPA has identified at least two possible data gaps with respect to 
HFC imports and exports into the United States for 2011, 2012, and 
2013. First, companies that import or export less than 25,000 metric 
tons CO2e of HFCs annually are not required to report to the 
GHGRP. Second, there appear to be companies that imported or exported 
more than 25,000 metric tons CO2e of HFCs annually that have 
failed to report their imports or exports to the GHGRP. If these data 
gaps remain, it could adversely impact EPA's awareness on the amount of 
historic HFC imports and exports and thus could affect the U.S. 
consumption baseline being established in future AIM Act regulatory 
processes. EPA specifically encourages submission of data and comments 
related to how to fill these data gaps and whether there are other gaps 
that the Agency has not identified.

C. Data Presented Related to Sectors Identified for AIM Act Mandatory 
Allocations

    EPA is also seeking comment on documents in the docket related to 
the applications for which section (e)(4)(B)(iv) of the AIM Act directs 
the Administrator to allocate the full quantity of allowances 
necessary, based on projected, current, and historical trends. The 
docket to this NODA contains documents presenting data related to the 
following applications: (1) Propellants in MDIs; (2) defense sprays; 
(3) structural composite preformed polyurethane foam for marine use and 
trailer use; (4) the etching of semiconductor material or wafers and 
the cleaning of CVD chambers within the semiconductor manufacturing 
sector; and (5) on board aerospace fire suppression. The descriptions 
below reflect EPA's current understanding of these applications, but 
EPA intends to further consider how to define these applications in its 
future proposal under the AIM Act.
     MDIs are handheld pressurized inhalation systems that 
deliver small, precisely measured therapeutic doses of medication 
directly to the airways of a patient, such as when a patient requires 
medication to relieve exacerbations of asthma. The pharmaceutical 
industry historically used CFCs as the propellant for MDIs before 
introducing HFC \6\ propellants, specifically HFC-134a and HFC-227ea, 
along with not-in-kind medical treatments.
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    \6\ HFC propellants used in MDIs are often referred to as HFAs 
(hydrofluoroalkanes).
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     Defense sprays are aerosol sprays intended for self-
defense, including pepper spray and animal deterrent sprays (e.g., bear 
and dog sprays). They contain a chemical irritant and a propellant. 
Defense sprays utilize four different delivery methods, including 
streaming, foam, fog, and vapor sprays. The defense spray industry 
historically used ozone-depleting substances, such as CFCs, as a 
propellant before transitioning to HFCs, specifically HFC-134a.
     Structural composite preformed polyurethane foam uses a 
process that fills a precast fabric into shape with expanding foam and 
provides reinforcement with fibers and resin to make composite 
materials in building equipment such as boats and on-road trailers. The 
foam blowing agent used in this process historically was HCFC-22 and 
more recently has been HFC-134a.
     Semiconductor manufacturers utilize HFCs, primarily HFC-
23, in two critical processes: To create intricate circuitry patterns 
on silicon wafers (dry etching) and to rapidly clean CVD chambers.
     For onboard aerospace fire suppression, EPA is providing 
information on HFCs used in onboard civil aviation fire suppression 
systems, including on mainline and regional passenger and freighter 
aircraft. These systems have historically used ozone-depleting halons, 
although HFCs, specifically HFC-236fa and HFC-227ea, are used in 
lavatory trash receptable systems in new aircraft. EPA encourages 
comments specifically on other relevant onboard aerospace fire 
suppression applications that the Agency has not identified.
    The reports in the docket describe EPA's current awareness of the 
use of HFCs and provide information on EPA's current knowledge on 
projected, current, and historical trends of HFC related to these 
statutorily identified applications. EPA requests comment on

[[Page 9065]]

the data and analysis in these documents.

Hans Christopher Grundler,
Director, Office of Atmospheric Programs.
[FR Doc. 2021-02774 Filed 2-10-21; 8:45 am]
BILLING CODE 6560-50-P