[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
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HFC Chemical formula Exchange value
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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
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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]
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Production minus
Reporting year Net supply\a\ Destruction minus Imports Exports
Transformation (98.416(c)(1)) (98.416(d)(1))
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2011............................. 244 (*) (*) (*)
2012............................. 235 (*) (*) (*)
2013............................. 288 (*) (*) (*)
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\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]
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All other AIM-
Reporting year HFC-134a HFC-125 HFC-32 listed HFCs,
excluding HFC-23
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2011....................................... 16.7 (*) (*) (*)
2012....................................... 19.1 17.1 2.63 (*)
2013....................................... 17.3 31.3 5.33 (*)
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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]
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