Emergency ICR-HFC Baseline and Initial Allocations-AIM Act-FINAL-3.23.2021

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460

March 23, 2021
OFFICE OF
AIR AND RADIATION

MEMORANDUM
SUBJECT: Collection of Information to Establish the HFC Baseline and Initial Allocations Under
the AIM Act (OMB Control Number 2060-NEW; EPA ICR Number 2684.01)
FROM:

Christopher Grundler, Director
Office of Atmospheric Programs
Office of Air and Radiation

THRU:

Courtney Kerwin, Director
Regulatory Support Division
Office of Mission Support

TO:

OMB Desk Officer for EPA’s Office of Air and Radiation
Office of Information and Regulatory Affairs
Office of Management and Budget

Pursuant to section 3507(j) of the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.),
as implemented in the Office of Management and Budget (OMB) regulations at 5 CFR §1320.13, the
Environmental Protection Agency (EPA) is hereby requesting emergency processing of an information
collection necessary to establish the hydrofluorocarbon (HFC) baseline and initial allocations under
the AIM Act.
This Information Collection Request (ICR) is in response to the December 27, 2020,
enactment of the American Innovation and Manufacturing Act (AIM) of 2020, included in the
Consolidated Appropriations Act, of 2021. The AIM Act directs EPA to address HFCs by providing
new authorities to establish regulatory programs in three main areas: to phase down the production
and consumption of listed HFCs, maximize reclamation and minimize releases of these HFCs and
their substitutes in equipment, and facilitate the transition to next-generation technologies by
restricting use of these HFCs in the sector or subsectors. This collection supports a rulemaking
focusing on the first area – the phasedown of the production and consumption of HFCs.
Information Collection is Essential to the Mission of the Agency
This ICR will collect data from years 2011-2013 to determine a U.S. production and
consumption baseline for HFCs, as well as data from more recent years spanning from 2011-2020 for
HFC production and consumption to support development of potential company-specific allowances.
In instances where EPA cannot independently verify data reported under the Greenhouse Gas
Reporting Program (GHGRP) or in response to this collection, EPA will also need to request
Page 1 of 4

supporting documentation (e.g., through import records) to inform EPA’s consideration and
determination of a company’s eligibility for potential HFC allowances.
The AIM Act also authorizes EPA to collect data to determine required application-specific
allowances for:
1. Propellant in metered dose inhalers.
2. Defense sprays.
3. Structural composite preformed polyurethane foam for marine use and trailer use.
4. Etching of semiconductor material or wafers and cleaning of chemical vapor deposition
chambers within semiconductor manufacturing sector.
5. Mission-critical military end uses, such as armored vehicle engine and shipboard fire
suppression systems and systems used in deployable and expeditionary applications; and
6. Onboard aerospace fire suppression.
EPA will need to request this information to determine the total amounts it needs to allocate
under subsection (e)(4)(B)(iv) of the AIM Act.
The most relevant subsections of the AIM Act that provide authority for this collection include
subsections (d), (e), and (k).
Information Collection Activities Involved in this Emergency Request
EPA will use two electronic reporting tools to collect and store data for all respondents. For
data on HFC production and consumption (primarily imports and exports), EPA will use EPA's
electronic Greenhouse Gas Reporting Tool (see attached forms). For data on application-specific
allowances and for submission of records to document production and consumption, where requested,
EPA will use the Ozone-Depleting Substances Tracking System (these forms are under development).
Data elements requested for entities who are exempt from reporting imports or exports due to
annual quantities below the 25,000 MTCO2e fluorinated gas threshold or were not required to report
during 2011-2013 but are now subject to the GHGRP are consistent with 40 CFR § 98.416 reporting
requirements.
Data elements for importers and exporters that have not previously reported to GHGRP are
documents such as bills of lading and other Customs records consistent with the recordkeeping
provisions in 40 CFR § 82.24, but would be for HFCs, not class II controlled substances (i.e., the same
types of records would potentially be requested).
Data elements collected for application-specific allowances include the quantity of HFCs sold
and used, composition of those HFCs or blends, application the HFCs are used in, if there are any
purity specifications needed, companies supplying HFCs, inventory of HFCs, and potential for
transitions from HFCs or HFC blends to alternatives. EPA would seek data from users of HFCs in
these applications and the companies supplying them with HFCs.
EPA Cannot Reasonably Comply with the Normal Clearance Procedures
EPA cannot reasonably comply with the normal clearance procedures because under the AIM
Act, enacted on December 27, 2020, EPA is statutorily required to establish an allowance allocation

Page 2 of 4

and trading program for HFCs within 270 days (September 23, 2021) and issue allowances for 2022
by October 1, 2021.
Agency Has Taken All Practicable Steps to Consult with Affected Parties in Order to Minimize
Burden
In addition to meetings with individual stakeholders, EPA released a Notice of Data
Availability (NODA) on February 11, 2021, requesting comment on the information available at the
time, as well as held a stakeholder meeting on February 25, 2021. Further engagement with
stakeholders is expected. The Agency has identified which data are already in its possession (e.g.,
through the market characterizations and in the GHGRP). However, EPA will still need to collect
additional data prior to finalization of the HFC Phasedown Rule to ensure it has as complete a data set
as possible to inform the rulemaking.
Requested Time Period for OMB Action
EPA requests that OMB take action on this request as soon as possible. We hope to start
collecting data in March.
Cost Estimates/Burden
The cost estimates and burden for the number of respondents are based on application-specific
market characterization reports published with the NODA and import data. The labor cost and hours
associated per response have been determined based on similar estimations from previous ICRs for
Methyl Bromide and Class II Ozone-Depleting Substances. EPA does not anticipate any capital or
operations and maintenance costs.
Activity

Responses
per
Respondent
per Year

Technical
Hours per
Response

Total Hours
per
Respondent
per Year

Technical
Cost per
Respondent
per Year

Respondents
per Activity
per Year

Total
Responses
per Year

Total Hours
per Year

Total
Cost per
Year

HFC Imports

1

16

16.0

$1,963

120

120

1,920

$235,507

HFC Exports

1

16

16.0

$1,963

5

5

80

$9,813

HFC Destruction

1

8

8.0

$981

11

11

88

$10,794

HFC Suppliers

1

16

16.0

$1,963

20

20

320

$39,251

Propellant in
metered dose
inhalers

1

38

38.0

$4,661

13

13

494

$60,594

Defense sprays

1

38

38.0

$4,661

10

10

380

$46,611

1

38

38.0

$4,661

20

20

760

$93,222

1

38

38.0

$4,661

5

5

190

$23,305

1

38

38.0

$4,661

2

2

76

$9,322

4,308

$528,419

Structural composite
preformed PU foam
for marine use and
trailer use
Semiconductor
material or wafers
and the cleaning of
chemical vapor
deposition chambers
On board aerospace
fire suppression
Annual Total

206

Note: Labor rate is estimated at $122.66/hour based on $58.41 (increased by 110% to account for fringe and benefits), the hourly wage rate for
professional and related persons, derived from Bureau of Labor Statistics Employer Cost and Employee Compensation. Totals may not sum due
to independent rounding.

Page 3 of 4

Agency Burden
Activity

Collect and Process Application-specific Data
Review and Verify Production and Consumption Data
Provide Reporting Guidance
Conduct Stakeholder Outreach Efforts
TOTAL

Number of
Activities

Total Hours

Total Cost

70.0

210.0

$18,864

136.0

299.2

$26,591

40.0

40.0

$3,468

1.0

54.0

$4,705

603.2

$53,628

Page 4 of 4