2685ss01

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Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and TradingProgram under the American Innovation and Manufacturing Act (Proposed Rule)

OMB: 2060-0734

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Recordkeeping and Reporting of the Production, Import, Export, Distribution, Destruction, and Transformation of Hydrofluorocarbons


PART A OF THE SUPPORTING STATEMENT


1. Identification of the Information Collection


(a) Title: Recordkeeping and Reporting of the Production, Import, Export, Distribution, Destruction, and Transformation of Hydrofluorocarbons


OMB Number: 2060-XXXX

EPA ICR Number: 2685.01


(b) Short Characterization


This ICR covers provisions under the American Innovation and Manufacturing (AIM) Act that establishes limits on total U.S. production1 and consumption2 of hydrofluorocarbons (HFCs or regulated substances). To implement the AIM Act, EPA is proposing HFC phasedown regulations that establish control measures for individual companies. In accordance with the proposed rulemaking “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act,” reporters will be required to electronically report data to EPA using an interactive, web-based tool called the Electronic Greenhouse Gas Reporting Tool (e-GGRT).


For the three years covered by this ICR, the total respondent burden associated with this information collection will average 36,540 hours per year and the respondent cost will average $4,506,092 per year. This includes $24,100 per year for capital investment and operation and maintenance and $4,481,992 per year for labor. Over the same time period, the total estimated cost for EPA of the information collection will average $1,018,229 per year. The total estimated cost for all respondents and EPA will average $5,524,321 per year.

2. Need For, and Use Of, the Collection


(a) Authority for the Collection

This information collection is authorized under the AIM Act (Section 103 in Division S, Innovation for the Environment, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260). The AIM Act mandates that on a periodic basis, to be determined by the Administrator, but not less frequently than annually, each person who, within the applicable reporting period, produces, imports, exports, destroys, transforms, uses as a process agent, or reclaims a regulated substance shall submit to the Administrator a report that describes, as applicable, the quantity of the regulated substance that the person—produced, imported, and exported; reclaimed; destroyed by a technology approved by the Administrator; used and entirely consumed (except for trace quantities) in the manufacture of another chemical; or used as a process agent.


For electronic reporting, the Paperwork Reduction Act (PRA) requires Federal agencies to manage information resources to reduce information collection burdens on the public; increase program efficiency and effectiveness; and improve the integrity, quality, and utility of information to all users within and outside the Agency, including capabilities for ensuring dissemination of public information, public access to government information, and protections for privacy and security (44 USC 3506).


(b) Practical Utility/Users of the Data

The reporting and recordkeeping requirements for HFCs enables the EPA to:


  1. Ensure compliance with the restrictions on production, import, and export of controlled substances;

  2. Allow production and import for application-specific uses and the consequent tracking of that production and import;

  3. Allow the EPA to monitor and approve transfers of HFC production and consumption allowances among producers and importers;

  4. Allow the import of used HFCs for destruction and HFCs for feedstock through a petition process that is designed to reduce fraudulent imports; and

  5. Fulfill statutory obligations under the AIM Act for monitoring and reporting.


3. Non-duplication, Consultation, and Other Collection Criteria


(a) Non-duplication


The Greenhouse Gas Reporting Program (GHGRP) was established in 2009 and requires various facilities and suppliers to annually report data related to GHGs to EPA (see 40 CFR part 98). The relevant subpart that relates to reporting on HFC production and consumption is subpart OO, “Suppliers of Industrial Greenhouse Gases.” Because the HFCs listed as regulated substances under the AIM Act are industrial greenhouse gases (GHGs), EPA has been collecting since the GHGRP’s inception a significant amount of data relevant to HFC production and consumption as defined under the AIM Act.


EPA intends to collect all reports required by this ICR electronically through e-GGRT, which is the web-based system used to collect data under the GHGRP. The use of e-GGRT for HFC reporting will minimize duplicative reporting between the AIM Act and the GHGRP.


(b) Public Notice Required Prior to ICR Submission to OMB


The proposed rulemaking “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act” will serve as the public notice for this ICR. EPA is requesting comment on this ICR in that proposed rulemaking.


(c) Consultations


The burden calculations were developed based on: EPA’s experience collecting data on similar activities for ozone-depleting substances; EPA’s experience collecting data on HFCs under GHGRP; a stakeholder meeting held on February 25, 2021, in which interested parties provided input on the implementation of the AIM Act; workshops for potential application-specific allowance holders; responses to EPA’s Notice of Data Availability (NODA) (86 FR 9059, February 11, 2021) regarding HFC consumption and production in the United States for the years 2011, 2012, and 2013; and conversations with potentially regulated entities. Approximately 200 stakeholders participated in the February 25 meeting, more than 75 stakeholders attended the application-specific allowance holder workshops, and EPA received more than 30 comments from stakeholders on the NODA.


EPA will also collect comments on the proposed rulemaking “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act” and will adjust this ICR as needed.


(d) Effects of Less Frequent Collection


Less frequent than quarterly collection of data would compromise the EPA’s ability to meet statutory requirements under the AIM Act to monitor production, import, and export of HFCs and hinder the EPA’s ability to identify violations of the existing regulations. Though the AIM Act outlines reporting on a periodic basis “not less frequently than annually”, it does not stipulate that reporting could occur more frequently. The quarterly reporting requirements is necessary to ensure that annual production and consumption limits are not exceeded. It is also needed for EPA to be able to review allowance transfer requests, of which remaining allowances is a major component of EPA’s review.


(e) General Guidelines


This collection of information has a five-year requirement for record and report retention, which exceeds the three-year requirement for record retention specified in the general information collection guidelines in 5 CFR 1320.5(f) of the OMB regulations implementing the Paperwork Reduction Act. The EPA has determined that five years is a reasonable time period given the statute of limitations for enforcing violations of the regulations issued under the AIM Act is five years. This collection of information request is consistent with all other OMB guidelines at 5 CFR 1320.5(d)(2).


(f) Confidentiality


EPA is proposing to release all data collected under this proposed rule. Should EPA finalize this proposal, all data would be made available to the public without further notice to the respondents. The Agency is also taking comment on other approaches that would release only some data elements. See section IX.D of the proposed rule. Should the Agency finalize a regulation allowing for some elements to be kept as confidential, information claimed as confidential will be treated in accordance with the procedures for handling information claimed as confidential under 40 CFR part 2, Subpart B, and will be disclosed to the extent, and by means of procedures, set forth in Subpart B. If no claim of confidentiality is asserted when the information is received by the EPA, it may be made available to the public without further notice to the respondents (40 CFR 2.203).


(g) Sensitive Questions


This section is not applicable because this ICR does not involve matters of sensitive nature.


4. The Respondents and the Information Request


(a) Respondents’ NAICS Codes


The appropriate North American Industry Classification System (NAICS) for potentially affected entities are listed below in Table I.

Table I. NAICS Classification of Potentially Affected Entities

NAICS Code

NAICS Industry Description

211120

Crude Petroleum Extraction

221210

Natural Gas Distribution

236118

Residential Remodelers

236220

Commercial and Institutional Building Construction

238220

Plumbing, Heating, and Air‑Conditioning Contractors

238990

All Other Specialty Trade Contractors

311351

Chocolate and Confectionery Manufacturing from Cacao Beans

322299

All Other Converted Paper Product Manufacturing

325120

Industrial Gas Manufacturing

325180

Other Basic Inorganic Chemical Manufacturing

325199

All Other Basic Organic Chemical Manufacturing

325211

Plastics Material and Resin Manufacturing

325320

Pesticide and Other Agricultural Chemical Manufacturing

325412

Pharmaceutical Preparation Manufacturing

325414

Biological Product (except Diagnostic) Manufacturing

325992

Photographic Film, Paper, Plate and Chemical Manufacturing

325998

All Other Miscellaneous Chemical Product and Preparation Manufacturing

326150

Urethane and Other Foam Product

331420

Copper Rolling, Drawing, Extruding, and Alloying

332312

Fabricated Structural Metal Manufacturing

332313

Plate Work Manufacturing

333132

Oil and Gas Field Machinery and Equipment Manufacturing

333314

Optical Instrument and Lens Manufacturing

333316

Photographic and Photocopying Equipment Manufacturing

333413

Industrial and Commercial Fan and Blower and Air Purification Equipment Manufacturing

333415

Air‑Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing

333611

Turbine and Turbine Generator Set Unit Manufacturing

333996

Fluid Power Pump and Motor Manufacturing

334413

Semiconductor and Related Device Manufacturing

334419

Other Electronic Component Manufacturing

334515

Instrument Manufacturing for Measuring and Testing Electricity and Electrical Signals

334516

Analytical Laboratory Instrument Manufacturing

334613

Blank Magnetic and Optical Recording Media Manufacturing

336212

Truck Trailer Manufacturing

336214

Travel Trailer and Camper Manufacturing

336411

Aircraft Manufacturing

336510

Railroad Rolling Stock Manufacturing

336611

Ship Building and Repairing

336612

Boat Building

336992

Military Armored Vehicle, Tank, and Tank Component Manufacturing

339999

All Other Miscellaneous Manufacturing

SIC 373102

Military Ships, Building, and Repairing

423120

Motor Vehicle Supplies and New Parts Merchant Wholesalers

423450

Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers

423460

Ophthalmic Goods Merchant Wholesalers

423730

Warm Air Heating and Air‑Conditioning Equipment and Supplies Merchant Wholesalers

423740

Refrigeration Equipment and Supplies Merchant Wholesalers

423830

Industrial Machinery and Equipment Merchant Wholesalers

423860

Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers

423990

Other Miscellaneous Durable Goods Merchant Wholesalers

424210

Drugs and Druggists’ Sundries Merchant Wholesalers

424410

General Line Grocery Merchant Wholesalers

424610

Plastics Materials and Basic Forms and Shapes Merchant Wholesalers

424690

Other Chemical and Allied Products Merchant Wholesalers

424910

Farm Supplies Merchant Wholesalers

441310

Automotive Parts and Accessories Stores

443141

Household Appliance Stores

443142

Electronics Stores

444130

Hardware Stores

446191

Food (Health) Supplement Stores

452311

Warehouse Clubs and Supercenters

453998

All Other Miscellaneous Store Retailers (except Tobacco Stores)

454110

Electronic Shopping and Mail-Order Houses

481111

Scheduled Passenger Air Transportation

482111

Line‑Haul Railroads

488510

Freight Transportation Arrangement

493110

General Warehousing and Storage

522293

International Trade Financing

523130

Commodity Contracts Dealing

531110

Lessors of Residential Buildings and Dwellings

531120

Lessors of Nonresidential Buildings (except Miniwarehouses)

532420

Office Machinery and Equipment Rental and Leasing

541330

Engineering Services

541519

Other Computer Related Services

541715

Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology)

561210

Facilities Support Services

561910

Packaging and Labeling Services

561990

All Other Support Services

562920

Recovery and Reclamation

722511

Full-Service Restaurants

811219

Other Electronic and Precision Equipment Repair and Maintenance

811412

Appliance Repair and Maintenance

922160

Fire Protection


(b) Information Requested


(i) Data items


All persons that produce, import, export, distribute, destroy, transform, or use HFCs as a process agent must record and/or report the following information either on a quarterly, annual, or as-needed basis.


Producers Reporting and Recordkeeping Requirements:

Producer One-Time Reporting Requirements:

  • The method used to measure daily quantities of regulated substances produced;

  • Conversion factors by which the daily records can be converted into kilograms of regulated substances produced, including any constants or assumptions used in making those calculations;

  • Internal accounting procedures for determining plant-wide production;

  • The quantity of any fugitive losses accounted for in the production figures;

  • A list of any coproducts, byproducts, or emissions from the production line of any regulated substance that are other regulated substances;

  • The estimated percent efficiency of the production process; and

  • A description of any processes that use a regulated substance as a process agent.


Producer Quarterly Reporting Requirements:

  • The quantity of production of each regulated substance used in processes resulting in their transformation or destruction by the producer and the quantity intended for transformation or destruction by a second party;

  • The quantity of production of each regulated substance used as a process agent by the producer and the quantity intended for use as a process agent by a second party;

  • The expended allowances for each regulated substance and the quantity of each regulated substance produced;

  • The quantity of regulated substances sold or transferred during the quarter to a person other than the producer for use in processes resulting in their transformation, destruction, or use as a process agent;

  • The quantity of regulated substances produced by the producer that were exported by the producer or by other U.S. companies to a foreign country, that will be transformed or destroyed;

  • For transformation, one copy of a transformation verification from the transformer and a list of additional quantities shipped to that same transformer for the quarter;

  • For destruction, one copy of a destruction verification from the destroyer and a list of additional quantities shipped to that same destroyer for the quarter; and

  • A list of the application-specific allowance holders from whom orders were placed, and the quantity of specific regulated substances produced for those listed applications.


Producer Annual Inventory Reporting Requirements:

  • The quantity of regulated substances held in inventory onsite at the end of each year.


Producer Recordkeeping Requirements:

  • Dated records of the quantity of each regulated substance produced at each facility;

  • Dated records of the quantity of regulated substances produced and sold for use in processes that result in their transformation, destruction, or as a process agent;

  • Dated records of the quantity of regulated substances produced by expending conferred application-specific allowances and quantity sold for use in each listed application;

  • Copies of invoices or receipts documenting sale of regulated substances for use in processes that result in their transformation, destruction, or as a process agent;

  • Dated records of the quantity of each regulated substance used at each facility as feedstocks or destroyed in the manufacture of a regulated substance or in the manufacture of any other substance, and any regulated substance introduced into the production process of the same regulated substance at each facility;

  • Dated records of the quantity of each regulated substance used at each facility as a process agent;

  • Dated records identifying the quantity of each chemical not a regulated substance produced within each facility also producing one or more regulated substances;

  • Dated records of the quantity of raw materials and feedstock chemicals used at each facility for the production of regulated substances;

  • Dated records of the shipments of each regulated substance produced at each plant;

  • Dated records of batch tests of regulated substances packaged for sale or distribution;

  • The quantity of regulated substances, the date received, and names and addresses of the source of used materials containing regulated substances which are recycled or reclaimed at each plant;

  • Records of the date, the regulated substance, and the estimated quantity of any spill or release of a regulated substance that equals or exceeds 100 pounds;

  • The transformation verification in the case of transformation, or the destruction verification in the case of destruction; and

  • The certifications from application-specific allowance holders.


Producer One-Time Certification ID Registration:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • The dates of and States in which the company is incorporated and State license identifiers;

  • The address of each facility that sells or distributes regulated substances;

  • How the company introduces bulk regulated substances into U.S. commerce; and

  • The category of final customers the supplier sells or distributes regulated substances to.


Producer Certification ID System Reporting Requirements (provided when a container is introduced into U.S. commerce):

  • The name or brand the regulated substance is being sold and/or marketed under;

  • The date it was repackaged;

  • The certification identification(s) associated with the regulated substance being repackaged;

  • The unique serial number for the container; and

  • The amount and name of the regulated substances in the container.


Producer One-Time Container Inventory Reporting Requirements:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • Inventory of regulated substances owned by the company as of December 31, 2020, December 31, 2021, and December 31, 2022;

  • For each container of regulated substance still in the company’s possession, the amount and name of the regulated substance in the container, any unique identification number assigned to the container, whether the regulated substance was acquired from a domestic supplier, though import, or through reclamation, and the date the regulated substance was acquired, imported, or reclaimed; and

  • A certification from the owner of the company or other responsible officer that the regulated substance in his/her/their possession was acquired consistent with the laws of the United States.


Producer of HFC-23 One-Time Reporting Requirements:

  • Information on the capacity to produce the intended chemical on the line on which HFC-23 is produced;

  • Description of what is being done at the facility to control the creation of HFC-23 byproduct and its emissions;

  • Identification of approved destruction technology and its location intended for use for HFC-23 destruction; and

  • A copy of the destruction removal efficiency report associated with the destruction technology.

Producer of HFC-23 Annual Reporting Requirements:

  • The amount of HFC-23 emissions; generated; generated and captured; generated and captured for feedstock use in the United States; generated and captured for destruction; used for feedstock without prior capture; and destroyed without prior capture.


Producer of HFC-23 Reporting Requirements (provided within 45 days after destruction occurs):

  • If captured HFC-23 is destroyed in a subsequent control period, records indicating the HFC-23 has been destroyed.


Importer Reporting and Recordkeeping Requirements:

Importer Quarterly Reporting Requirements:

  • Summaries of the records required for recordkeeping purposes;

  • The total quantity imported of each regulated substance for that quarter;

  • The commodity code for the regulated substances or blends imported;

  • A list of the application-specific allowance holders from whom orders were placed, number of application-specific allowances conferred, and the quantity of specific regulated substances imported for those listed applications;

  • The quantity of regulated substances imported for use in processes resulting in their transformation or destruction;

  • The quantity of regulated substances sold or transferred during that quarter to each person for use in processes resulting in their transformation or destruction; and

  • The transformation verifications showing that the purchaser or recipient of imported regulated substances intends to transform those substances or destruction verifications showing that the purchaser or recipient intends to destroy the regulated substances.


Importer Annual Inventory Reporting Requirements:

  • The quantity of regulated substances held in inventory onsite at the end of each year.


Importer Recordkeeping Requirements:

  • The quantity of each regulated substance imported, either alone or in mixtures, including the percentage of each mixture which consists of a regulated substance;

  • The quantity of used regulated substances imported for destruction;

  • The quantity of regulated substances imported for use in processes resulting in their transformation or destruction;

  • The quantity of regulated substances imported and sold for use in processes that result in their transformation or destruction;

  • The date on which the regulated substances were imported;

  • The port of entry through which the regulated substances passed;

  • The country from which the imported regulated substances were imported;

  • The commodity code for the regulated substances imported;

  • The importer number for the shipment;

  • A copy of the bill of lading for the import;

  • The invoice for the import;

  • The U.S. Customs entry number;

  • Dated records documenting the sale or transfer of regulated substances for use in processes resulting in their transformation or destruction;

  • Copies of transformation verifications or destruction verifications indicating that the regulated substances will be transformed or destroyed;

  • Dated records of the quantity of regulated substances imported for application-specific uses;

  • The certifications from application-specific allowance holders stating that the regulated substances were purchased solely for application specific uses and will not be resold for use in a different application or used in any other manufacturing process; and

  • Dated records of batch tests of regulated substances packaged for sale or distribution.


Importer One-Time Certification ID Registration:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • The dates of and States in which the company is incorporated and State license identifiers;

  • The address of each facility that sells or distributes regulated substances;

  • How the company introduces bulk regulated substances into U.S. commerce; and

  • The category of final customers the supplier sells or distributes regulated substances to.


Importer Certification ID System Reporting Requirements (provided when a container is introduced into U.S. commerce):

  • The name or brand the regulated substance is being sold and/or marketed under;

  • The date it was repackaged;

  • The certification identification(s) associated with the regulated substance being repackaged;

  • The unique serial number for the container; and

  • The amount and name of the regulated substances in the container.


Importer One-Time Container Inventory Reporting Requirements:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • Inventory of regulated substances owned by the company as of December 31, 2020, December 31, 2021, and December 31, 2022;

  • For each container of regulated substance still in the company’s possession, the amount and name of the regulated substance in the container, any unique identification number assigned to the container, whether the regulated substance was acquired from a domestic supplier, through import, or through reclamation, and the date the regulated substance was acquired, imported, or reclaimed; and

  • A certification from the owner of the company or other responsible officer that the regulated substance in his/her/their possession was acquired consistent with the laws of the United States.


Importer of HFCs as Feedstock or for Destruction Reporting Requirements (provided at least 30 working days before the shipment is to leave the foreign port of export):

  • Name, commodity code, and quantity of each regulated substance to be imported; 

  • Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;

  • Name and address of the consignee and the contact person's name, email address, and phone number;

  • Source country;

  • The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material; and

  • Name, address, contact person, email address, and phone number of the responsible party at the facility where the regulated substance will be transformed or destroyed.

Importer of Used HFCs for Destruction Reporting Requirements (provided at least 30 working days before the shipment is to leave the foreign port of export):

  • Name, commodity code, and quantity of each regulated substance to be imported;

  • Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;

  • Name and address of the consignee and the contact person's name, email address, and phone number;

  • Name and address of any intermediary who aggregates regulated substances imported for destruction, and the contact person's name, email address, and phone number;

  • Source country;

  • An English translation, if needed, of the export license (or application for an export license) from the appropriate government agency in the country of export;

  • The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material; and

  • Name, address, contact person, email address, and phone number of the responsible party at the destruction facility.

Importer of Used HFCs for Destruction Reporting Requirements (provided within 45 days after destruction occurs):

  • Records indicating that the substance has been destroyed.


Importer of Used HFCs for Destruction Recordkeeping Requirements:

  • A copy of the petition to import for destruction;

  • The EPA non-objection notice;

  • A copy of the export license, export license application, or official communication from the appropriate government agency in the country of export;

  • An English translation of the export license;

  • U.S. Customs entry documents for the import that must include the commodity codes;

  • The date, amount, and name of the regulated substances sent for destruction, per shipment;

  • An invoice from the destruction facility verifying the shipment was received; and

  • Records from the destruction facility indicating that the substance has been destroyed.


Aggregator Recordkeeping Requirements:

Aggregator of Used Imports for Destruction Recordkeeping Requirements:

  • Maintain transactional records that include the name and address of the entity from whom they received the regulated substance imported for destruction;

  • Maintain transactional records that include the name and address of the entity to whom they sent the regulated substance imported for destruction;

  • Maintain records that include the date and quantity of the imported regulated substance received for destruction;

  • Maintain records that include the date and quantity of the imported regulated substance sent for destruction; and

  • If the person is the final aggregator of such a regulated substance before the material is destroyed, maintain a copy of records indicating that the substance has been destroyed.


Transhipment Reporting and Recordkeeping Requirements:

Transhipment Reporting Requirements (provided before and after each transshipment):

  • Name, commodity code, and quantity of each regulated substance to be transhipped;

  • Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number;

  • Source country;

  • The U.S. port of entry;

  • The expected date of entry;

  • Date of departure from the United States; and

  • Name of vessel transporting the material.


Transhipment Recordkeeping Requirements:

  • Any person who transships a regulated substance must maintain records that indicate:

    • That the regulated substance shipment originated in a foreign country;

    • That the regulated substance shipment is destined for another foreign country; and

    • That the regulated substance shipment will not enter interstate commerce within the United States.


Exporter Reporting Requirements:

Exporter Quarterly Reporting Requirements:

  • The names and addresses of the exporter and the recipient of the exports;

  • The exporter's Employer Identification Number;

  • The quantity of each specific regulated substance exported, including the quantity of regulated substance that is used, reclaimed, or recycled;

  • The date on which, and the port from which, the regulated substances were exported from the United States or its territories;

  • The country to which the regulated substances were exported;

  • The commodity code for the regulated substances shipped; and

  • For persons exporting for transformation or destruction of the regulated substance, the invoice or sales agreement containing language similar to the transformation verifications that importers use, or destruction verifications showing that the purchaser or recipient intends to destroy the regulated substances.


Exporter Annual Inventory Reporting Requirements:

  • The quantity of regulated substances held in inventory onsite at the end of each year.


Requests for Additional Consumption Allowances Reporting Requirements (provided as-needed following the export):

  • The identities and addresses of the exporter and the recipient of the exports;

  • The exporter's Employer Identification Number;

  • The names, telephone numbers, and email addresses of contact persons for the exporter and the recipient;

  • The quantity and name of the regulated substances exported;

  • The source of the regulated substances and the date purchased;

  • The date on which, and the port from which, the regulated substances were exported;

  • The country to which the regulated substances were exported;

  • A copy of the bill of lading and the invoice indicating the net quantity of regulated substances shipped and documenting the sale to the purchaser;

  • The commodity codes of the regulated substances exported; and

  • A written statement from the producer that the regulated substances were produced with expended allowances or a written statement from the importer that the regulated substances were imported with expended allowances.


Supplier Reporting Requirements:

Supplier One-Time Certification ID Registration:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • The dates of and States in which the company is incorporated and State license identifiers;

  • The address of each facility that sells or distributes regulated substances; and

  • The category of final customers the supplier sells or distributes regulated substances to.


Supplier One-Time Container Inventory Reporting Requirements:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • Inventory of regulated substances owned by the company as of December 31, 2020, December 31, 2021, and December 31, 2022;

  • For each container of regulated substance still in the company’s possession, the amount and name of the regulated substance in the container, any unique identification number assigned to the container, whether the regulated substance was acquired from a domestic supplier, though import, or through reclamation, and the date the regulated substance was acquired, imported, or reclaimed; and

  • A certification from the owner of the company or other responsible officer that the regulated substance in his/her/their possession was acquired consistent with the laws of the United States.


Destruction and Transformation Reporting and Recordkeeping Requirements:

Second Party Transformation and Destruction Annual Reporting Requirements:

  • The names and quantities of the regulated substances destroyed; and

  • The names and quantities of the regulated substances transformed.


Second Party Transformation and Destruction Recordkeeping Requirements:

  • Copies of the invoices or receipts documenting the sale or transfer;

  • Records identifying the producer or importer of the regulated substances;

  • Dated records of inventories of regulated substances at each plant on the first day of each quarter;

  • Dated records of the quantity of each regulated substance transformed or destroyed;

  • In the case where regulated substances were purchased or transferred for transformation purposes, a copy of the person's transformation verification;

  • Dated records of the names, commercial use, and quantities of the resulting chemical(s) when the regulated substances are transformed;

  • Dated records of shipments to purchasers of the resulting chemical(s) when the regulated substances are transformed; and

  • In the case where regulated substances were purchased or transferred for destruction purposes, a copy of the person's destruction verification.


Second Party Destruction Third-Party Annual Reporting Requirements (provided to the producer or importer of the regulated substances):

  • A destruction verification containing the following:

    • Identity and address of the person intending to destroy regulated substances;

    • The quantity (in kilograms) of regulated substances intended for destruction;

    • Identity of shipments by purchase order number(s), purchaser account number(s), location(s), or other means of identification;

    • The destruction efficiency at which such substances will be destroyed;

    • Period of time over which the person intends to destroy regulated substances; and

    • Signature and title of the verifying person.


Second Party Transformation Third-Party Annual Reporting Requirements (provided to the producer or importer of the regulated substances):

  • A Transformation verification containing the following:

    • Identity and address of the person intending to transform the regulated substances;

    • The quantity (in kilograms) of regulated substances intended for transformation;

    • Identity of shipments by purchase order number(s), purchaser account number(s), location(s), or other means of identification;

    • Period of time over which the person intends to transform the regulated substances; and

    • Signature and title of the verifying person.


Destruction One-Time Reporting Requirements:

  • The destruction unit’s destruction efficiency;

  • The methods used to record the volume destroyed;

  • The methods used to determine destruction efficiency; and

  • The name of other relevant federal or state regulations that may apply to the destruction process.


Destruction Third-Party Reporting Requirements (provided to the importer or aggregator within 30 days of the date of destruction):

  • A record indicating the substance was destroyed.


Transformation One-Time Reporting Requirements:

  • A description of the transformation use;

  • A description of all technologies and actions taken to minimize emissions of regulated substances;

  • The name of the product manufactured in the process;

  • A list of any coproducts, byproducts, or emissions from the production line of any regulated substance that are other regulated substances

  • The estimated annual fugitive emissions by chemical associated with the transformation process;

  • The anticipated ratio of regulated substance used for transformation to the amount of end product manufactured; and

  • A mass balance equation of the transformation reaction.


Process Agent Use Reporting Requirements:

Process Agent Use One-Time Reporting Requirements:

  • A description of the process agent use which includes details of the percentages of process agent retained within the process, recovered after the process, and emitted or entrained in the final product;

  • A description of all technologies and actions taken to minimize emissions of regulated substances;

  • The name of the product and byproducts manufactured in the process; and

  • The anticipated ratio of process agent emissions to end product manufactured.


Process Agent Use Annual Reporting Requirements:

  • Contact information including e-mail address and phone number for a primary and alternate contact person;

  • The amount of regulated substance used as a process agent;

  • The amount of product and the amount of byproducts manufactured (including amounts eventually destroyed or used as feedstock);

  • The stack point source emissions; and

  • A description of any HFC emission reduction actions planned or currently under investigation.


Reclaimer Reporting and Recordkeeping Requirements:

Reclaimer One-Time Reporting Requirements:

  • The name of the laboratory that conducts the batch testing and a signed statement from that laboratory confirming there is an ongoing business relationship with the reclaimer;

  • The number of batches tested for each regulated substance or blend containing a regulated substance in the prior year; and

  • The number of batches that did not meet the required specifications in the prior year.


Reclaimer Quarterly Reporting Requirements:

  • The total quantity of material (the combined mass of refrigerant and contaminants) by refrigerant type sent to them for reclamation, the total annual mass of each refrigerant reclaimed, and the total annual mass of waste products; and

  • The quantity of used, reclaimed, and virgin regulated substances held in inventory onsite at the end of each quarter.


Reclaimer Recordkeeping Requirements:

  • The results of the analysis conducted to verify that reclaimed refrigerant meets the required specifications; and

  • The names and addresses of persons sending them material for reclamation and the quantity of the material (the combined mass of refrigerant and contaminants) by refrigerant sent to them for reclamation.


Reclaimer One-Time Certification ID Registration:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • The dates of and States in which the company is incorporated and State license identifiers;

  • The address of each facility that sells or distributes regulated substances;

  • How the company introduces bulk regulated substances into U.S. commerce; and

  • The category of final customers the supplier sells or distributes regulated substances to.


Reclaimer Certification ID System Reporting Requirements (provided when a container is introduced into U.S. commerce):

  • The name or brand the regulated substance is being sold and/or marketed under;

  • The date the regulated substance was reclaimed and by whom;

  • The date the reclaimed regulated substance was put into a container;

  • The unique serial number associated with the container;

  • The amount and name of the regulated substance(s) in the container;

  • Whether the purity of the batch was confirmed to meet required specifications;

  • The date the batch was tested for purity;

  • Who certified the reclaimed regulated substance meets the purity specifications; and

  • If a container is filled with reclaimed and virgin regulated substance(s), the amount of virgin regulated substance included in the container and the certification identification(s) associated with that regulated substance.


Reclaimer One-Time Container Inventory Reporting Requirements:

  • The name and address of the company;

  • Contact information for the owner of the company;

  • Inventory of regulated substances owned by the company as of December 31, 2020, December 31, 2021, and December 31, 2022;

  • For each container of regulated substance still in the company’s possession, the amount and name of the regulated substance in the container, any unique identification number assigned to the container, whether the regulated substance was acquired from a domestic supplier, through import, or through reclamation, and the date the regulated substance was acquired, imported, or reclaimed; and

  • A certification from the owner of the company or other responsible officer that the regulated substance in his/her/their possession was acquired consistent with the laws of the United States.


Transfers of Allowances Reporting Requirements:

Inter-Company Transfers Reporting Requirements:

  • The identities and addresses of the transferor and the transferee;

  • The names, telephone numbers, and e-mail addresses of contact persons for the transferor and the transferee;

  • The type of allowances being transferred;

  • The quantity of allowances being transferred;

  • The total cost of the allowances transferred;

  • The amount of unexpended allowances of the type and for the year being transferred that the transferor holds as of the date the claim is submitted to EPA; and

  • The quantity of the five percent offset applied to the quantity transferred that will be deducted from the transferor's allowance balance.


Transfers from a Person in a Foreign Country Reporting Requirements:

  • The maximum production level permitted minus the quantity of production allowances to be transferred; the maximum production for the applicable regulated substances that are allowed under applicable law (including the foreign country's applicable domestic law) minus the quantity of production allowances to be transferred; or the average of the foreign country's actual national production level of the applicable regulated substances for the three calendar years prior to the year of the transfer minus the quantity of production allowances to be transferred;

  • The identity and address of the person;

  • The foreign country authorizing the transfer;

  • The names, telephone numbers, and email addresses of the points of contact for the person receiving the foreign transfer and for the representative of the foreign country;

  • The name of the chemical and quantity of production being transferred;

  • Documentation that the foreign country possesses the necessary quantity of unexpended production rights;

  • The calendar year to which the transfer applies; and

  • A signed statement from a responsible official describing whether the increased production is intended for export or the market in the United States.


Transfer to a Person in a Foreign Country Reporting Requirements:

  • The identity and address of the person;

  • The foreign country authorizing the transfer;

  • The names, telephone numbers, and email addresses of the points of contact for the person transferring allowances and for the representative of the foreign country;

  • The name of the chemical and quantity of allowable production being transferred;

  • The calendar year to which the transfer applies; and

  • A signed statement from a responsible official requesting that EPA revise the number of production allowances it holds to such that the aggregate national production in the United States is equal to the lowest of the following three production quantities: (1) the maximum production level minus the quantity of production allowances to be transferred; (2) the maximum production for the applicable regulated substances that are allowed under applicable law minus the quantity of production allowances to be transferred; or (3) the average of the United States’ actual national production level of the applicable regulated substances for the three calendar years prior to the year of the transfer minus the quantity of production allowances to be transferred.


Sale or Transfer of Application-Specific Allowances Reporting Requirements:

  • The identities and addresses of the transferor and the transferee;

  • The name, telephone numbers, and email addresses of contact persons for the transferor and the transferee;

  • The amount of allowances being sold or transferred;

  • The cost of the allowances being transferred;

  • The amount of unexpended allowances of the type and for the year being transferred that the transferor holds as of the date the claim is submitted to EPA;

  • The quantity of the one percent offset applied to the quantity transferred that will be deducted from the transferor's allowance balance;

  • The specific products that the transferee plans to produce with the HFCs; and

  • A signed document from the transferee certifying that the HFCs produced or imported with application-specific allowances will be used only for the same application for which the application-specific allowance was allocated.


Application-Specific Allowance Holder Reporting and Recordkeeping Requirements:

Application-Specific Allowance Holders Biannual Reporting Requirements:

  • The quantity of each regulated substance that was used for their application during previous six months;

  • The quantity of regulated substances acquired through conferring allowances that were imported or produced domestically during the previous six months;

  • The companies to which application-specific allowances were conferred;

  • The quantity of regulated substances purchased without expending application-specific allowances during the previous six months;

  • The quantity of inventory of each regulated substance held by the reporting company or held under contract by another company for the reporting company’s use on the last day of the previous six-month period;

  • The quantity of each regulated substance contained in exported products during the previous six months; and

  • The quantity of each regulated substance that was destroyed or recycled during the previous six months.


Application-Specific Allowance Holders Annual Reporting Requirements:

  • Total quantity of all regulated substances acquired and used in the previous three years;

  • Information on suppliers;

  • Whether HFCs were acquired through domestic production or import;

  • Whether HFCs were acquired through conferring allowances or from the general market; quantities held in inventory; and

  • A description of plans to transition to regulated substances with a lower exchange value or alternatives to regulated substances.


Application-Specific Allowance Holder Third-Party Annual Reporting Requirements (provided to the producer or importer with those allowances):

  • A certification stating that the regulated substances were purchased solely for a listed application and will not be resold for use in a different application or used in any other manufacturing process.


Application-Specific Allowance Holders Recordkeeping Requirements:

  • Records necessary to develop the biannual reports;

  • A copy of certifications provided to producers and/or importers when conferring allowances;

  • A copy of the annual submission requesting application-specific allowances;

  • Invoice and order records related to the purchase of regulated substances;

  • Records related to the transfer of allocation-specific allowances to other entities; and

  • Records documenting the use of regulated substances.


Third-Party Auditor Reporting Requirements:

Third-Party Auditor Annual Reporting Requirements:

  • Identify the applicable procedures used to review the inputs the regulated entities used to develop quarterly and annual reports; and

  • Identify the corresponding findings for each procedure.



New Market Entrants Reporting Requirements:

New Market Entrants One-Time Reporting Requirements:

  • Name and address of the company and the complete ownership of the company (with percentages of ownership);

  • Whether the company is a woman or minority owned business

  • Contact information for the owner of the company;

  • The date of incorporation and State in which the company is incorporated;

  • State license identifier;

  • A plan for importing HFCs;

  • A prospective foreign exporter that the applicant anticipates working with; and

  • Documentation demonstrating that they meet conditions for a small business.


(ii) Respondent Activities

A summary of respondent activities by respondent type is provided in Table II below.

Table II. Respondent Activities by Respondent Type

Activity

Reporting Frequency

Producers

Submit one-time producer report

One-Time

Submit quarterly report

Quarterly

Submit annual inventory report

Annual

Maintain records

N/A

Register with certification ID system

One-Time

Enter data into certification ID system

As Needed

Submit one-time inventory report

One-Time

Submit one-time HFC-23 emissions report

One-Time

Submit annual HFC-23 emissions report

Annual

Submit HFC-23 proof of destruction

As Needed

Imports

Submit quarterly report

Quarterly

Submit annual inventory report

Annual

Maintain records

N/A

Register with certification ID system

One-Time

Enter data into certification ID system

As Needed

Submit one-time inventory report

One-Time

Petition to import HFCs for transformation/destruction

As Needed

Petition to import used HFCs for destruction

As Needed

Submit proof of destruction of used imports

As Needed

Maintain records on used imports for destruction

N/A

Aggregators of Used Imports for Destruction

Maintain records

N/A

Transhipments

Submit notification of transhipments

As Needed

Maintain records

N/A

Exports

Submit quarterly report

Quarterly

Submit annual inventory report

Annual

Submit request for additional consumption allowances

As Needed

Suppliers

Register with certification ID system

One-Time

Submit one-time inventory report

One-Time

Destruction

Submit one-time report

One-Time

Submit annual second party report

Annual

Maintain records

N/A

Provide destruction verification to third party

Annual

Provide proof of destruction to third party

As Needed

Transformation

Submit one-time report

One-Time

Submit annual second party report

Annual

Maintain records

N/A

Provide transformation verification to third party

Annual

Process Agent Use

Submit one-time report

One-Time

Submit annual report

Annual

Reclaimers

Submit one-time report

One-Time

Submit quarterly report

Quarterly

Maintain records

N/A

Register with certification ID system

One-Time

Enter data into certification ID system

As Needed

Submit one-time inventory report

One-Time

Transfers

Submit inter-company transfer request

As Needed

Submit request to transfer from a person in a foreign country

As Needed

Submit request to transfer to a person in a foreign country

As Needed

Submit request to sell/transfer application-specific allowances

As Needed

Application-Specific Allowance Holders

Submit biannual report

Biannual

Submit annual report

Annual

Provide certification to third party

Annual

Maintain records

N/A

Third Party Audits

Submit annual audit report

Annual

New Market Entrants

Submit one-time request

One-Time


All records and reports must comply with requirements for HFC regulated substances in accordance with the proposed rulemaking “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act”. Reports and records associated with the reports listed above must be kept for five years. All amounts must be reported in kilograms with limited exceptions, such as for requests to transfer allowances, which would be in metric tons exchange value equivalent. These recordkeeping requirements pertain to original documents that are held by companies in the normal course of conducting business, accounts of daily production runs, sales invoices, and bills of lading. Information from these recordkeeping documents is summarized in reports. Recordkeeping requirements are designed to aid the EPA in compliance monitoring, site inspection, and enforcement actions.


5. The Information Collected - Agency Activities, Collection Methodology, and Information Management


(a) Agency Activities


Start-up activities associated with this information collection request include the following:


  • Develop a certification ID tracking system

  • Review one-time inventory reports

  • Expand data tracking system for HFCs


Annual activities associated with this information collection request include the following:


  • Notify stakeholders of baseline allowances;

  • Review data for completeness and accuracy;

  • Review and process transfer requests;

  • Review and process petitions to import regulated substances;

  • Review third-party audit reports;

  • Provide reporting guidance;

  • Conduct stakeholder outreach efforts;

  • Maintain the data tracking system;

  • Review information and conduct compliance monitoring activities related to restrictions on production, import, export, transformation, and destruction of regulated substances for individual companies by comparing data with other sources of information; and

  • Review information to ensure exempted production and imports do not exceed limits statutorily set by the AIM Act.


(b) Collection Methodology and Management


EPA will leverage two existing reporting systems to seamlessly collect and track data on HFCs: (1) e-GGRT and (2) the ozone-depleting substance tracking system (ODSTS). EPA currently uses e-GGRT to collect and store data on GHGs (including HFCs) in accordance with the GHGRP, while the ODSTS is used by EPA to collect and track data on ozone-depleting substances that are reported in accordance with 40 CFR part 82. Both systems are designed to collect and store CBI.


Information required under this ICR will be reported electronically to EPA via e-GGRT. Following submission, the data will be migrated into the ODSTS for the purposes of allowance tracking and management, leveraging the infrastructure of the allowance tracking system implemented for ODS.


EPA will also develop prior to January 1, 2024, a tracking system to allow for the generation of and tracking of QR codes and certification IDs for containers of regulated HFCs. This system will allow anyone buying or selling HFCs to determine whether the material they are purchasing and selling was produced, imported, or reclaimed legally.


(c) Small Entity Flexibility


Much of this information collection is required by statute. Any additional information required is collected to ensure compliance with the production and consumption caps established by the AIM Act and to ensure application-specific material is available to stakeholders.


The burden on small entities has been reduced to every extent possible. Small entities include HFC importers, reclaimers, and distributors. The proposed rule takes comment on several aspects related to burden, and EPA will consider those comments as it develops the final rule and final ICR Supporting Statement.


(d) Collection Schedule


The following information is required on a specific collection schedule:


  • Producers, importers, exporters and reclaimers report to the EPA quarterly (45 days after the end of each quarter);

  • Application-specific allowance holders report to EPA biannually (by July 31 and January 31 of each year);

  • Persons who destroy, transform, or use regulated substances as a process agent, as well as auditors, report to the EPA annually (45 days after the end of the control period);

  • Persons transferring allowances to another company; requesting international transfer of allowances; requesting additional consumption allowances; transhipping HFCs; or petitioning to import regulated substances for feedstock or destruction must submit reports to the EPA on a transactional basis;

  • Companies that produce, transform, or destroy regulated substances; distributors that hold inventory of HFCs; and new market entrants requesting allowances from the small business set aside must submit a one-time report.

  • Persons importing regulated substances or filling a container with regulated substances must provide information on the packaging and origin of the regulated substance for each container filled or imported; and

  • Persons buying and distributing/selling or offering for distribution/sale must scan the QR code affixed to cylinders at the time of distribution/sale or purchase.


6. Estimating the Burden and Cost of Collection


This section presents EPA’s estimates of the burden and costs to respondents associated with the activities described in Section 4 of this document, as well as the federal burden hours and costs associated with the activities described in Section 5 of this document.


(a) Estimating Respondent Burden

EPA identified 55 information collection activities that are mandated by EPA’s proposed rulemaking. EPA estimated the amount of time associated with each activity based on EPA’s experience collecting similar activity data on HFCs and ozone-depleting substances (ODS) under GHGRP (74 FR 56260; October 30, 2009) and 40 CFR part 82, respectively. This analysis assumes that all respondent burden hours are incurred by technical staff at companies that submit reports. Table III below summarizes the number of burden hours incurred by each respondent for each information collection activity.

(b) Estimating Respondent Costs


To determine respondent costs, an average hourly wage rate of $58.41 per hour for technical staff, the hourly wage rate for professional and related persons, was derived from the Bureau of Labor Statistics Employer Cost and Employee Compensation, Table 2. (“civilian workers, by occupational and industry group”), September 2020. A 110 percent increase was added to reflect the estimated additional costs for overhead and fringe, which increased the wage rate to $122.66 per hour. Burden hours were multiplied by the labor rate to determine respondent costs.

In addition, operations and maintenance (O&M) costs associated with recordkeeping requirements were designated at $50 per year, which will cover the cost of whatever method companies use to store their records, such as a flash drive, paper file, or cloud storage.

Table III below summarizes annual labor and O&M costs for each respondent by information collection activity. Costs are calculated by multiplying technical burden hours per response by the number of responses per year by the assumed hourly wage rate of technical staff. The number of responses per year are based on the reporting frequency of each activity (as outlined in Table II) and EPA’s experience implementing the ODS allowance system.

(c) Estimating Agency Burden and Costs

EPA identified 13 activities incurred by the federal government associated with this data collection request. Burden associated with each activity is based on EPA’s past experience with reporting and data collection of HFCs and ODS. The number of occurrences of each activity is based the estimated number of responses per year for each year of this ICR (as discussed further in section (d) below).

Costs are subdivided into Agency and contractor costs. The average hourly rates for the EPA technical and managerial staff of $49.68 and $69.06, respectively, are derived from the 2021 annual base pay table, which was retrieved from the Office of Personnel Management website. The rate for technical staff is based on a GS-13 step 1 salary and the rate for managerial staff is based on a GS-15 step 1 salary. These rates were then multiplied hourly rates by the standard government benefits multiplication factor of 1.6 to get hour rates of $79.49 for technical staff and $110.50 for managerial staff. The cost of contractor time is valued at $108.37 per hour on average, including overhead and fringe. This rate takes into account a weighted average of managerial and technical staff hours, based on rates for Consultant III and Researcher II under GSA Schedule 899‐1 Environmental Consulting Services.

Table IV summarizes total agency burden and costs by activity.

(d) Estimating the Respondent Universe and Total Burden and Costs

The respondent universe for this ICR is based on a review of data available in e-GGRT, the ODSTS, the Automated Commercial Environment (ACE), and HFC subsector market characterizations (docket ID EPA-HQ-OAR-2021-0044). In total, EPA estimates 10,483 unique respondents are subject to the information collection requirements outlined in this ICR. This estimate takes into account the fact that the respondent types specified in Table II are not mutually exclusive, meaning a given respondent may be subject to more than one information collection activity.

Table V summarizes the total number of respondents per activity per year as well as total burden hours and costs per year. The number of respondents per activity per year varies across the three years covered by this ICR due to the one-time reporting requirement for select activities. Total respondent burden hours and costs are derived by multiplying the number of respondents per activity by total hours and total costs per respondent per year (see Table III). EPA has not deducted any respondent burden that is already covered under the GHGRP’s ICR (2060-0629), but the Agency intends to do so in the final rule ICR.

Table III. Hours and Costs per Respondent Activity

Respondent Type

Activity

Responses per Respondent per Year

Technical Burden Hours per Response

Total Hours per Respondent per Year

Technical Labor Cost per Respondent per Year

O&M Costs per Respondent per Year

HFC Producer

Submit one-time producer report

1

100.00

100.0

$12,266

$0

Submit quarterly report

4

6.00

24.0

$2,944

$0

Submit annual inventory report

1

20.00

20.0

$2,453

$0

Maintain records

1

4.00

4.0

$491

$50

Register with certification ID system

1

0.50

0.5

$61

$0

Enter data into certification ID system

8

0.50

4.0

$491

$0

Submit one-time inventory report

1

1.00

1.0

$123

$0

Submit one-time HFC-23 emissions report

1

100.00

100.0

$12,266

$0

Submit annual HFC-23 emissions report

1

12.00

12.0

$1,472

$50

Submit HFC-23 proof of destruction

2

0.25

0.5

$61

$0

HFC Importer

Submit quarterly report

4

6.00

24.0

$2,944

$0

Submit annual inventory report

1

10.00

10.0

$1,227

$0

Maintain records

1

4.00

4.0

$491

$50

Register with certification ID system

1

0.50

0.5

$61

$0

Enter data into certification ID system

8

0.50

4.0

$491

$0

Submit one-time inventory report

1

1.00

1.0

$123

$0

Petition to import HFCs for transformation/destruction

48

2.00

96.0

$11,775

$0

Petition to import used HFCs for destruction

3

6.00

18.0

$2,208

$0

Submit proof of destruction of used imports

3

0.25

0.8

$92

$0

Maintain records on used imports for destruction

1

4.00

4.0

$491

$0

HFC Aggregator

Maintain records

1

4.00

4.0

$491

$50

HFC Transhipments

Submit notification of transhipments

10

1.00

10.0

$1,227

$0

Maintain records

1

4.00

4.0

$491

$50

HFC Exporter

Submit quarterly report

4

6.00

24.0

$2,944

$0

Submit annual inventory report

1

10.00

10.0

$1,227

$0

Submit request for additional consumption allowances

2

6.00

12.0

$1,472

$0

HFC Suppliers

Register with certification ID system

1

0.50

0.5

$61

$0

Submit one-time inventory report

1

1.00

1.0

$123

$0

HFC Destroyer

Submit one-time report

1

100.00

100.0

$12,266

$0

Submit annual second party report

1

4.00

4.0

$491

$0

Maintain records

1

4.00

4.0

$491

$50

Provide destruction verification to third party

1

2.00

2.0

$245

$0

Provide proof of destruction to third party

1

2.00

2.0

$245

$0

HFC Transformer

Submit one-time report

1

100.00

100.0

$12,266

$0

Submit annual second party report

1

4.00

4.0

$491

$0

Maintain records

1

4.00

4.0

$491

$50

Provide transformation verification to third party

1

2.00

2.0

$245

$0

HFC Process Agent Use

Submit one-time report

1

100.00

100.0

$12,266

$0

Submit annual report

1

6.00

6.0

$736

$0

HFC Reclaimers

Submit one-time report

1

40.00

40.0

$4,906

$0

Submit quarterly report

4

11.40

45.6

$5,593

$0

Maintain records

1

4.00

4.0

$491

$50

Register with certification ID system

1

0.50

0.5

$61

$0

Enter data into certification ID system

8

0.50

4.0

$491

$0

Submit one-time inventory report

1

1.00

1.0

$123

$0

HFC Transfers

Submit inter-company transfer request

2

6.00

12.0

$1,472

$0

Submit request to transfer from a person in a foreign country

1

6.00

6.0

$736

$0

Submit request to transfer to a person in a foreign country

1

6.00

6.0

$736

$0

Submit request to sell/transfer application-specific allowances

1

6.00

6.0

$736

$0

Application-Specific Allowance Holders

Submit biannual report

2

6.00

12.0

$1,472

$0

Submit annual report

1

6.00

6.0

$736

$0

Provide certification to third party

1

2.00

2.0

$245

$0

Maintain records

1

4.00

4.0

$491

$50

Third Party Audits

Submit annual audit report

1

20.00

20.0

$2,453

$0

Small Business Set Aside

Submit one-time report

1

6.00

6.0

$736


Table IV. Agency Burden and Cost Table

Activity

Managerial Hours per Activity

Technical Hours per Activity

Contractor Hours per Activity

Number of Activities

Total Hours

Total Costs

Y1

Y2

Y3

Y1

Y2

Y3

Y1

Y2

Y3

Develop and Maintain a Certification ID Tracking System

40.0

400.0

3,000.0

1

1

0.5

3,440.0

3,440.0

1,720.0

$361,326

$361,326

$180,663

Review One-Time Inventory Reports

0.0

0.1

0.0

-

10,355

-

1,035.5

-

-

$82,312

$0

$0

Expand Data Tracking System

40.0

100.0

1,500.0

1

-

-

1,640.0

-

-

$174,924

$0

$0

Notify Submitters of Baseline Allowances

0.1

1.0

1.0

287

287

287

602.7

602.7

602.7

$57,087

$57,087

$57,087

Review Data for Reporting Completeness and Compliance

0.0

0.5

0.5

2,172

1,999

1,999

2,172.0

1,999.0

1,999.0

$204,016

$187,766

$187,766

Process Transfer Reports

0.5

1.0

0.0

57

57

57

85.5

85.5

85.5

$7,680

$7,680

$7,680

Review Petitions to Import HFCs

0.1

1.0

0.0

396

396

396

435.6

435.6

435.6

$35,854

$35,854

$35,854

Review Third-Party Audits

0.1

2.0

1.0

405

405

405

1,255.5

1,255.5

1,255.5

$112,752

$112,752

$112,752

Provide Reporting Guidance

0.0

0.5

0.5

40

40

40

40.0

40.0

40.0

$3,757

$3,757

$3,757

Conduct Stakeholder Outreach Efforts

4.0

10.0

40.0

1

1

1

54.0

54.0

54.0

$5,572

$5,572

$5,572

Maintain the Data Tracking System

60.0

350.0

600.0

1

1

1

1,010.0

1,010.0

1,010.0

$99,474

$99,474

$99,474

Conduct Compliance Monitoring Activities

120.0

400.0

40.0

2

2

2

1,120.0

1,120.0

1,120.0

$98,782

$98,782

$98,782

Ensure Non-Exceedance of AIM Act Limits

20.0

80.0

80.0

1

1

1

180.0

180.0

180.0

$17,239

$17,239

$17,239



Table V. Respondent Burden and Cost Table

Respondent Type

Activity

Respondents per Activity per Year

Total Hours per Year

Total Cost per Year

Y1

Y2

Y3

Y1

Y2

Y3

Y1

Y2

Y3

HFC Producer

Submit one-time producer report

22

1

1

2,200

100

100

$269,852

$12,266

$12,266

Submit quarterly report

22

22

22

528

528

528

$64,764

$64,764

$64,764

Submit annual inventory report

22

22

22

440

440

440

$53,970

$53,970

$53,970

Maintain records

22

22

22

88

88

88

$11,894

$11,894

$11,894

Register with certification ID system

0

0

22

0

0

11

$0

$0

$1,349

Enter data into certification ID system

0

0

22

0

0

88

$0

$0

$10,794

Submit one-time inventory report

0

0

22

0

0

22

$0

$0

$2,699

Submit one-time HFC-23 emissions report

4

0

0

400

0

0

$49,064

$0

$0

Submit annual HFC-23 emissions report

4

4

4

48

48

48

$6,088

$6,088

$6,088

Submit HFC-23 proof of destruction

4

4

4

2

2

2

$245

$245

$245

HFC Importer

Submit quarterly report

265

265

265

6,360

6,360

6,360

$780,118

$780,118

$780,118

Submit annual inventory report

265

265

265

2,650

2,650

2,650

$325,049

$325,049

$325,049

Maintain records

265

265

265

1,060

1,060

1,060

$143,270

$143,270

$143,270

Register with certification ID system

0

0

265

0

0

133

$0

0

$16,252

Enter data into certification ID system

0

0

265

0

0

1,060

$0

0

$130,020

Submit one-time inventory report

0

0

265

0

0

265

$0

0

$32,505

Petition to import HFCs for transformation/destruction

8

8

8

768

768

768

$94,203

$94,203

$94,203

Petition to import used HFCs for destruction

4

4

4

72

72

72

$8,832

$8,832

$8,832

Submit proof of destruction of used imports

4

4

4

3

3

3

$368

$368

$368

Maintain records on used imports for destruction

4

4

4

16

16

16

$1,963

$1,963

$1,963

HFC Aggregator

Maintain records

5

5

5

20

20

20

$2,703

$2,703

$2,703

HFC Transhipments

Submit notification of transhipments

24

24

24

240

240

240

$29,438

$29,438

$29,438

Maintain records

24

24

24

96

96

96

$12,975

$12,975

$12,975

HFC Exporter

Submit quarterly report

24

24

24

576

576

576

$70,652

$70,652

$70,652

Submit annual inventory report

24

24

24

240

240

240

$29,438

$29,438

$29,438

Submit request for additional consumption allowances

7

7

7

84

84

84

$10,303

$10,303

$10,303

HFC Suppliers

Register with certification ID system

0

0

10,000

0

0

5,000

$0

$0

$613,300

Submit one-time inventory report

0

0

10,000

0

0

10,000

$0

$0

$1,226,600

HFC Destroyer

Submit one-time report

20

1

1

2,000

100

100

$245,320

$12,266

$12,266

Submit annual second party report

15

15

15

60

60

60

$7,360

$7,360

$7,360

Maintain records

15

15

15

60

60

60

$8,110

$8,110

$8,110

Provide destruction verification to third party

15

15

15

30

30

30

$3,680

$3,680

$3,680

Provide proof of destruction to third party

12

12

12

24

24

24

$2,944

$2,944

$2,944

HFC Transformer

Submit one-time report

33

1

1

3,300

100

100

$404,778

$12,266

$12,266

Submit annual second party report

29

29

29

116

116

116

$14,229

$14,229

$14,229

Maintain records

29

29

29

116

116

116

$15,679

$15,679

$15,679

Provide transformation verification to third party

29

29

29

58

58

58

$7,114

$7,114

$7,114

HFC Process Agent Use

Submit one-time report

6

1

1

600

100

100

$73,596

$12,266

$12,266

Submit annual report

6

6

6

36

36

36

$4,416

$4,416

$4,416

HFC Reclaimers

Submit one-time report

68

1

1

2,720

40

40

$333,635

$4,906

$4,906

Submit quarterly report

68

68

68

3,101

3,101

3,101

$380,344

$380,344

$380,344

Maintain records

68

68

68

272

272

272

$36,764

$36,764

$36,764

Register with certification ID system

0

0

68

0

0

34

$0

$0

$4,170

Enter data into certification ID system

0

0

68

0

0

272

$0

$0

$33,364

Submit one-time inventory report

0

0

68

0

0

68

$0

$0

$8,341

HFC Transfers

Submit inter-company transfer request

25

25

25

300

300

300

$36,798

$36,798

$36,798

Submit request to transfer from a person in a foreign country

1

1

1

6

6

6

$736

$736

$736

Submit request to transfer to a person in a foreign country

1

1

1

6

6

6

$736

$736

$736

Submit request to sell/transfer application-specific allowances

5

5

5

30

30

30

$3,680

$3,680

$3,680

Application-Specific Allowance Holders

Submit biannual report

50

50

50

600

600

600

$73,596

$73,596

$73,596

Submit annual report

50

50

50

300

300

300

$36,798

$36,798

$36,798

Provide certification to third party

50

50

50

100

100

100

$12,266

$12,266

$12,266

Maintain records

50

50

50

200

200

200

$27,032

$27,032

$27,032

Third Party Audits

Submit annual audit report

405

405

405

8,100

8,100

8,100

$993,546

$993,546

$993,546

Small Business Set Aside

Submit one-time report

25

0

0

150

0

0

$18,399

$0

$0


(e) Bottom Line Burden Hours and Cost Tables

(i) Respondent Tally

As shown in Table VI, EPA estimates the total annual hour and cost burden to all respondents to average 36,540 hours and $4,506,092.

Table VI. Respondent Burden Summary Table

Year

Total Responses

Total Hours

Total Labor Costs

Total O&M Costs

Total Costs

Year 1

3,929

38,176

$4,682,644

$24,100

$4,706,744

Year 2

3,756

27,246

$3,341,970

$24,100

$3,366,070

Year 3

27,306

44,198

$5,421,363

$24,100

$5,445,463

Annual Average

11,664

36,540

$4,481,992

$24,100

$4,506,092


(ii) The Agency Tally

As shown in Table VII, EPA estimates the total annual hour and cost burden to the Agency to average 10,598 hours and $1,018,229.

Table VI. Agency Burden Summary Table

Year

Total Hours

Total Costs

Year 1

12,035

$1,178,462

Year 2

10,222

$987,288

Year 3

9,538

$888,937

Annual Average

10,598

$1,018,229



(f) Reasons for Change in Burden

This is a new information collection request.


(g) Burden Statement

The public reporting burden for this collection of information is estimated to average 3.1 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

1 Production is defined 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 as provided in § 84.29). The term production does not include:

(1) The manufacture of a regulated substance that is used and entirely consumed (except for trace quantities) in the manufacture of another chemical;

(2) The reclamation, reuse, or recycling of a regulated substance; or

(3) The inadvertent or coincidental creation of insignificant quantities of a regulated substance during a chemical manufacturing process, resulting from unreacted feedstock, from the listed substance's use as a process agent present as a trace quantity in the chemical substance being manufactured, or as an unintended byproduct of research and development applications.

2 Consumption is defined as production plus imports minus exports.

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