Initial Reporting of the Hydrofluorocarbon Allowance Allocation and Trading Program

Forms and Documents

Document Name	Status
Form 5900-535 Initial Reporting of the Hydrofluorocarbon Allowance Allocation and Trading Program Form and Instruction	New
HFC Final Emergency ICR-final_CG sig.docx Supporting Statement A	2021-10-18

IC Document Collections

IC ID	Document Title	Status
249789	Initial Reporting of the Hydrofluorocarbon Allowance Allocation and Trading Program Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202110-2060-006
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2698.01
Title: Initial Reporting of the Hydrofluorocarbon Allowance Allocation and Trading Program
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 10/22/2021
Date Submitted to OIRA: 10/20/2021

	Requested	Previously Approved
Expiration Date	6 Months From Approved
Responses	407	0
Time Burden (Hours)	5,962	0
Cost Burden (Dollars)	0	0

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Abstract: This ICR will collect data required by the final rulemaking titled, “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act.” Consistent with and meeting the AIM Act’s statutory directive to issue a final rule within 270 days of enactment, the rule was signed by the Administrator on September 23, 2021, and was published in the Federal Register on October 5, 2021 (see 86 FR 55116). Parts of the rulemaking became operational upon signature, and this ICR is integral for immediate implementation of the AIM Act.

Emergency Justfication: 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 begin collecting data required by the “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act” rulemaking. 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. EPA cannot reasonably comply with the normal clearance procedures because under the “Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program under the American Innovation and Manufacturing Act” final rulemaking, the earliest reporting deadline for several groups of respondents, including applications for the set-aside pool of allowances and reports for Anti-dumping/Countervailing Duties is November 30, 2021. Entities are requesting these forms now so they can report.

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Authorizing Statute(s): PL: Pub.L. 116 - 260 103 Name of Law: American Innovation and Manufacturing (AIM) Act
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 260 103 Name of Law: American Innovation and Manufacturing (AIM) Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Initial Reporting of the Hydrofluorocarbon Allowance Allocation and Trading Program	5900-535, 5900-539, 5900-556, 5900-537, 5900-536, 5900-545, 5900-543, 5900-538, 5900-534	Payment of Antidumping and Countervailing Duties ,   HFC Conferral of Allowances Reporting Form ,   HFC Importer Importer Annual Report ,   HFC Inter-Company Transfers Report ,   Petition to Import for Transformation or Destruction ,   HFC Request for Additional Consumption Allowances Report ,   HFC Reclaimer One-Time Reporting Form ,   HFC Sale or Conveyance Report ,   Application for Set-aside of HFC Allowances

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	407	0	407	0	0	0
Annual Time Burden (Hours)	5,962	0	5,962	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $156,001

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/20/2021

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