Proposed Rule2021-20746
Protection of Stratospheric Ozone: Standards Related to the Manufacture of Class II Ozone-Depleting Substances for Feedstock; Notice of Proposed Rulemaking
Primary source
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Published
September 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency is proposing to require the control, capture, and/or destruction of a hydrofluorocarbon that would otherwise be emitted from manufacture of hydrochlorofluorocarbons. In this proposed rule, EPA is proposing to require companies to control, capture, and destroy HFC-23 byproduct generated at plants that manufacture class II ozone-depleting substances regulated under current Clean Air Act regulations, such as HCFC-22. HFC-23 is a very potent greenhouse gas that is generated as a byproduct during the manufacture of certain class II ozone-depleting substances, including HCFC-22. Under the Clean Air Act and the implementing regulations, the production and consumption of class II ozone-depleting substances, including HCFC-22, are restricted with limited exceptions. One such exception is production for use in transformation, or as a feedstock, which is allowed indefinitely. The Agency is proposing to limit emissions of HFC-23 from plants manufacturing HCFCs. The HFC-23 must be captured and employed for a commercial use or destroyed using a technology approved by the Environmental Protection Agency, thereby ensuring it is not directly emitted.
Full Text
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<title>Federal Register, Volume 86 Issue 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Proposed Rules]
[Pages 53916-53923]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20746]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2021-0253; FRL-8506-01-OAR]
RIN 2060-AV29
Protection of Stratospheric Ozone: Standards Related to the
Manufacture of Class II Ozone-Depleting Substances for Feedstock;
Notice of Proposed Rulemaking
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to require
the control, capture, and/or destruction of a hydrofluorocarbon that
would otherwise be emitted from manufacture of
hydrochlorofluorocarbons. In this proposed rule, EPA is proposing to
require companies to control, capture, and destroy HFC-23 byproduct
generated at plants that manufacture class II ozone-depleting
substances regulated under current Clean Air Act regulations, such as
HCFC-22. HFC-23 is a very potent greenhouse gas that is generated as a
byproduct during the manufacture of certain class II ozone-depleting
substances, including HCFC-22. Under the Clean Air Act and the
implementing regulations, the production and consumption of class II
ozone-depleting substances, including HCFC-22, are restricted with
limited exceptions. One such exception is production for use in
transformation, or as a feedstock, which is allowed indefinitely. The
Agency is proposing to limit emissions of HFC-23 from plants
manufacturing HCFCs. The HFC-23 must be captured and employed for a
commercial use or destroyed using a technology approved by the
Environmental Protection Agency, thereby ensuring it is not directly
emitted.
DATES: Comments on this notice of proposed rulemaking must be received
on or before November 15, 2021. Any party requesting a public hearing
must notify the contact listed below under FOR FURTHER INFORMATION
CONTACT by 5 p.m. Eastern Daylight Time on October 4, 2021. If
requested, the Environmental Protection Agency (EPA) will hold a
virtual public hearing on or before October 14, 2021. The date, time,
and other relevant information for the virtual public hearing will be
available at <a href="https://www.epa.gov/ozone-layer-protection">https://www.epa.gov/ozone-layer-protection</a>.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0253, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. Out of an abundance of caution for members of the public and
our staff, the EPA Docket Center and Reading Room are closed to the
public, with limited exceptions, to reduce the risk of transmitting
COVID-19. Our Docket Center staff will continue to provide remote
customer service via email, phone, and webform. We encourage the public
to submit comments via <a href="https://www.regulations.gov">https://www.regulations.gov</a> or email, as there
may be a delay in processing mail and faxes. Hand deliveries and
couriers may be received by scheduled appointment only. For further
information on EPA Docket Center services and the current status,
please visit us online at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
You may find the following suggestions helpful for preparing your
comments: direct your comments to specific sections of this proposed
[[Page 53917]]
rulemaking and note where your comments may apply to future separate
actions where possible; explain your views as clearly as possible;
describe any assumptions that you used; provide any technical
information or data you used that support your views; provide specific
examples to illustrate your concerns; offer alternatives; and, make
sure to submit your comments by the comment period deadline. Please
provide any published studies or raw data supporting your position.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (e.g., on the web, cloud, or other file sharing
system).
EPA recognizes that given the nature of this proposed rulemaking,
potentially affected entities may wish to submit Confidential Business
Information (CBI). CBI should not be submitted through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For submission of confidential comments or data,
please work with the person listed in the FOR FURTHER INFORMATION
CONTACT section if submitting a comment containing CBI. For additional
submission methods, the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Kirsten Cappel, U.S. Environmental
Protection Agency, Stratospheric Protection Division, telephone number:
202-343-9556; or email address: <a href="/cdn-cgi/l/email-protection#5734362727323b793c3e25242332391732273679303821"><span class="__cf_email__" data-cfemail="8cefedfcfce9e0a2e7e5fefff8e9e2cce9fceda2ebe3fa">[email protected]</span></a>. You may also
visit our website at <a href="https://www.epa.gov/ozone-layer-protection">https://www.epa.gov/ozone-layer-protection</a> for
further information.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. Acronyms that are used in this
rulemaking that may be helpful include:
AIM Act--American Innovation and Manufacturing Act
CAA--Clean Air Act
CBI--Confidential Business Information
CO<INF>2</INF>--Carbon Dioxide
DRE--Destruction and Removal Efficiency
EPA--Environmental Protection Agency
FR--Federal Register
GHG--Greenhouse Gas
GHGRP--Greenhouse Gas Reporting Program
GWP--Global Warming Potential
HCFC--Hydrochlorofluorocarbon
HFC--Hydrofluorocarbon
IPCC--Intergovernmental Panel on Climate Change
MMTCO<INF>2</INF> eq--Million metric tons carbon dioxide equivalent
Montreal Protocol--Montreal Protocol on Substances that Deplete the
Ozone Layer
ODS--Ozone-depleting substance
Parties to the Montreal Protocol or Party--Nations and regional
economic integration organizations that have consented to be bound
by the Montreal Protocol on Substances that Deplete the Ozone Layer
I. General Information
A. Does this proposed action apply to me?
You may be potentially affected by this action if you manufacture
class II ozone-depleting substances (ODS) listed at 40 CFR part 82,
subpart A, Appendix B, and hydrofluorocarbon-23 (HFC-23) is also
generated as a byproduct at your plant. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.
B. What action is the Agency proposing?
The Environmental Protection Agency (EPA) is proposing to require
the control, capture, and/or destruction of byproduct HFC-23 that would
otherwise be emitted from plants that manufacture class II ODS (i.e.,
hydrochlorofluorocarbons (HCFCs)), including HCFC-22. Under the Clean
Air Act (CAA) and EPA's regulations at 40 CFR part 82, controls are in
place that restrict the production and consumption of HCFCs to
implement the phaseout of these chemicals. There are limited exceptions
to these restrictions for the manufacture of HCFCs that are not
considered to be production under the CAA. One of the exceptions allows
manufacture of HCFCs for use in a process in which the HCFC is used and
entirely consumed, except for trace quantities, in the manufacture of
other chemicals. The process is known as transformation and the
controlled substances used and consumed are called feedstocks. Under
this proposed action, any plant that manufactures HCFCs for
transformation would need to control, capture, and/or destroy HFC-23
byproduct generated. More specifically, EPA is proposing that no later
than October 1, 2022, as compared to the amount of HCFCs intentionally
manufactured on a facility line, no more than 0.1 percent of HFC-23
generated on the line may be emitted. Rather, such HFC-23 byproduct
must be captured and employed for a commercial purpose or destroyed
using a technology approved by EPA.
This proposed rule is narrow in scope and is expected only to
affect those plants that continue to manufacture HCFCs under an
exception to the HCFC phaseout under the CAA and its implementing
regulations. Based on data from EPA's Greenhouse Gas Reporting Program
(GHGRP), we are aware of two plants that would fall under the proposed
requirements. These two plants report their emissions under subpart O
of the GHGRP (HCFC-22 Production and HFC-23 Destruction), which
requires owners or operators of facilities that contain HCFC-22
production or HFC-23 destruction processes to report their emissions
from those processes. Plant-specific emissions from these processes are
then published in EPA's Facility Level Information on GreenHouse gases
Tool (FLIGHT). Interested readers can review the data concerning HFC-23
reported to EPA for over a decade. Other than the two plants included
in the GHGRP data, EPA is not aware of any other class II ODS
production plants in the United States that generate emissions of HFC-
23.\1\ EPA is soliciting comment on whether there are any other plants
manufacturing class II ODS that have emissions of HFC-23. EPA is also
aware that there are plants that generate HFC-23 emissions during
production of HFCs and directs interested readers to ``Phasedown of
Hydrofluorocarbons: Establishing the Allowance Allocation and Trading
Program under the American Innovation and Manufacturing Act'' (86 FR
27150, May 19, 2021), the ``Proposed HFC Allocation Rule,'' to learn
more about EPA's proposal to implement a similar standard for emissions
of HFC-23 at those plants.
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\1\ See, e.g., ``Fluorinated Greenhouse Gas Emissions and
Supplies Reported to the GHGRP.'' <a href="http://Epa.gov">Epa.gov</a>, Environmental Protection
Agency, 24 Feb. 2021, <a href="https://www.epa.gov/ghgreporting/fluorinated-greenhouse-gas-emissions-and-supplies-reported-ghgrp#production">https://www.epa.gov/ghgreporting/fluorinated-greenhouse-gas-emissions-and-supplies-reported-ghgrp#production</a>.
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EPA is proposing a compliance date of October 1, 2022. EPA
recognizes that individual circumstances could arise that make it
impossible for an individual plant to install necessary controls by
October 1, 2022, and therefore is proposing a process under which
companies could seek an extension of the compliance date.
C. What is the Agency's authority for this proposed action?
Several sections of the CAA provide authority for this proposed
action.\2\ Section 603 provides authority to establish monitoring and
reporting requirements for ODS, and section 605
[[Page 53918]]
provides authority to phase out the production and consumption of class
II substances, to restrict the use of class II ODS, and to promulgate
regulations associated with the production of class II ODS. EPA's
regulations implementing the production and consumption controls for
class II substances, including provisions implementing exceptions to
those controls, can be found at 40 CFR part 82, subpart A.
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\2\ The Clean Air Act provisions addressing stratospheric ozone
protection are codified at 42 U.S.C. 7671-7671q.
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To the extent that this rulemaking involves recordkeeping and
reporting requirements, EPA also relies on its authority under section
114 of the CAA, which authorizes the EPA Administrator to require
recordkeeping and reporting in carrying out any provision of the CAA
(with certain exceptions that do not apply here). Additional authority
for electronic reporting comes from the Government Paperwork
Elimination Act (44 U.S.C. 3504), which provides ``(1) for the option
of the electronic maintenance, submission, or disclosure of
information, when practicable as a substitute for paper; and (2) for
the use and acceptance of electronic signatures, when practicable.''
II. Background on This Action
A. Class I and Class II ODS Phaseout
To comply with the United States' obligations under the Montreal
Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol)
and requirements under Title VI of the CAA, EPA has been implementing a
system of production and consumption controls for decades to facilitate
the orderly phaseout of class I and class II ODS.\3\ Under this system,
EPA allocates allowances for the production and consumption of these
substances, gradually reducing the number of allowances allocated over
time. Allocation of production and consumption allowances for most
class I substances (e.g., chlorofluorocarbons, methyl chloroform,
carbon tetrachloride, and halons) ended by 1996, and in 2005 for methyl
bromide. EPA is implementing the phaseout of class II ODS on a
chemical-by-chemical basis and had stopped allocating production and
consumption allowances for most HCFCs by 2020. EPA allocated the few
remaining production and consumption allowances for HCFC-123 and HCFC-
124 in a 2020 rulemaking (85 FR 15258). Under that rule, production and
consumption allowances for class II substances are reduced to zero by
2030 (Sec. 82.16). Production and import of HCFCs that are categorized
as class II ODS without the appropriate allowances is generally
prohibited unless an exception applies (Sec. 82.15(a) and (b)). The
Montreal Protocol, the CAA, and EPA's implementing regulations also
limit the permissible uses of HCFCs, with certain exceptions.
Additional information on the class II phaseout can be found in EPA's
prior rulemakings in this area (see, e.g., 68 FR 2819, 79 FR 64254, and
85 FR 15258).
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\3\ The current list of substances that are categorized as class
I substances can be found at 40 CFR part 82, subpart A, Appendix A,
and as class II substances at 40 CFR part 82, subpart A, Appendix B.
The class II substances are all HCFCs.
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As noted previously, there are limited exceptions to these
production controls under the CAA and EPA's implementing regulations
(Sec. 82.15(a)). One exception allowed indefinitely under the CAA is
manufacture for use in a process resulting in the HCFC being
transformed. Consistent with section 601(11) of the CAA, the definition
of ``production'' in 40 CFR 82.3 excludes the ``manufacture of a
controlled substance that is subsequently transformed.'' As defined in
40 CFR 82.3, ``transform'' means to ``use and entirely consume (except
for trace quantities) a controlled substance in the manufacture of
other chemicals for commercial purposes.''
B. The American Innovation and Manufacturing Act
HFC-23 is a very potent GHG with a 100-year global warming
potential (GWP) of 14,800 \4\ that is generated as a byproduct during
the manufacture of certain chemicals, including HCFC-22. In a Technical
Support Document for EPA's GHGRP, EPA detailed the process by which
HFC-23 is generated as a byproduct during the manufacture of HCFC-22:
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\4\ Errata to Table 2.14 of the Intergovernmental Panel on
Climate Change's (IPCC) Fourth Assessment Report.
HCFC-22 is produced by the reaction of chloroform
(CHCl<INF>3</INF>) and hydrogen fluoride (HF) in the presence of a
catalyst, SbCl<INF>5</INF>. The reaction of the catalyst and HF
produces SbCl<INF>x</INF>F<INF>y</INF>, (where x + y = 5), which
reacts with chlorinated hydrocarbons to replace chlorine atoms with
fluorine. The HF and chloroform are introduced by submerged piping
into a continuous-flow reactor that contains the catalyst in a
hydrocarbon mixture of chloroform and partially fluorinated
intermediates. The vapors leaving the reactor contain HCFC-21
(CHCl<INF>2</INF>F), HCFC-22 (CHClF<INF>2</INF>), HFC-23
(CHF<INF>3</INF>), HCl, chloroform, and HF. The under-fluorinated
intermediates (HCFC-21) and chloroform are then condensed and
returned to the reactor, along with residual catalyst, to undergo
further fluorination. The final vapors leaving the condenser are
primarily HCFC-22, HFC-23, HCl and residual HF. The HCl is recovered
as a useful byproduct, and the HF is removed. Once separated from
the HCFC-22, the HFC-23 may be vented to the atmosphere as an
unwanted by-product, captured for use in a limited number of
applications, or destroyed.\5\
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\5\ Technical Support Document for Emissions of HFC-23 from
Production of HCFC-22: Proposed Rule for Mandatory Reporting of
Greenhouse Gases, February 6, 2009, available at: <a href="https://www.epa.gov/sites/production/files/2015-02/documents/subparto-tsd.pdf">https://www.epa.gov/sites/production/files/2015-02/documents/subparto-tsd.pdf</a>.
Historically, HFC-23 that has not been controlled or captured has
been vented to the atmosphere. EPA is also aware of limited instances
where HFC-23 is captured, purified, and used for commercial purposes,
such as fire suppression, very low temperature refrigeration, and
semiconductor manufacturing.
HFC-23 is a regulated substance under the American Innovation and
Manufacturing Act of 2020 (AIM Act) enacted December 27, 2020, as
section 103 in Division S, Innovation for the Environment, of the
Consolidated Appropriations Act, 2021 (Pub. L. 116-260). EPA has
recently published a proposed rule under AIM Act authority, the
Proposed HFC Allocation Rule (86 FR 27150, May 19, 2021), that has
several interrelated proposed approaches linked to HFC-23 emissions.
Under the primary proposed approach, all creation of HFC-23, whether
intentional or unintentional, beyond insignificant quantities under
certain conditions, would be ``production'' covered by AIM Act
regulations. That proposal would require that HFC-23 be captured and
controlled to a specific standard and then the HFC-23 could be refined
for sale, which would require expenditure of AIM Act allowances, or the
HFC-23 would need to be destroyed.\6\ In the alternative, EPA is
proposing to require that, in order to be eligible for a production
allowance under the AIM Act rules, companies must control, capture, and
destroy HFC-23 emissions from plants producing HFCs listed as regulated
substances in the AIM Act. Under both proposals, EPA is proposing that,
no later than October 1, 2022, as compared to the amount of chemical
intentionally produced on a facility line, no more than 0.1 percent of
HFC-23 generated as a byproduct on the line may be emitted. EPA also
proposed a process under which companies could seek an
[[Page 53919]]
extension of the compliance date in certain circumstances. Accordingly,
the timeline proposed in the Proposed HFC Allocation Rule matches the
timeline proposed in this rulemaking, such that facilities would have
no compliance obligations until October 1, 2022, or later if a
compliance date extension was granted, to allow facilities necessary
time to install and calibrate equipment. The HFC-23 must be destroyed
using a technology approved in the context of the AIM Act regulations
(which are also proposed in the same notice).
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\6\ If that proposed approach under the AIM Act were to be
finalized, all generation of HFC-23 would be regulated, including
HFC-23 generated as a byproduct during production of HCFCs for
feedstock use. Under such a scenario, EPA anticipates that it would
not finalize this proposal, but is soliciting comments on whether
this CAA-specific rulemaking would still be beneficial.
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C. Emission Reduction Commitments
Studies indicate that HFC-23 emission trends from HCFC-22
manufacturing largely depend on the magnitude of HCFC-22 manufacturing
and the effectiveness of HFC-23 destruction associated with that
manufacture of HCFC-22.\7\ \8\ \9\ HFC-23 has a substantially longer
atmospheric lifetime and higher GWP than all other HFCs at 14,800. In
2015, EPA estimated that global controls on byproduct HFC-23 emissions
from HCFC-22 manufacture would result in cumulative HFC-23 byproduct
emission reductions of 12,600 MMTCO<INF>2</INF> eq through 2050.\10\
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\7\ Montzka, S.A., L. Kuijpers, M.O. Battle, M. Aydin, K.R.
Verhulst, E.S. Saltzman, and D.W. Fahey. et al.: Recent increases in
global HFC-23 emissions, Geophysical Research Letters, 37, L02808,
doi:10.1029/2009GL041195, 2010.
\8\ B.R. Miller, M. Rigby, L.J.M. Kuijpers, P.B. Krummel, et
al.: HFC-23 (CHF<INF>3</INF>) emission trend response to HCFC-22
(CHClF<INF>2</INF>) production and recent HFC-23 emission abatement
measures, Atmospheric Chemistry and Physics, 10, 7875-7890, 2010.
\9\ World Meteorological Organization (WMO), Executive Summary:
Scientific Assessment of Ozone Depletion: 2018, World Meteorological
Organization, Global Ozone Research and Monitoring Project--Report
No. 58, 67 pp., Geneva, Switzerland, 2018.
\10\ Proposed amendment to the Montreal Protocol submitted by
Canada, Mexico and the United States of America. <a href="https://ozone.unep.org/system/files/documents/OEWG-36-3E.pdf">https://ozone.unep.org/system/files/documents/OEWG-36-3E.pdf</a>.
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On September 16, 2014, and October 15, 2015, entities in the
private sector announced commitments to reduce emissions of HFCs.\11\
Several of those commitments included reducing HFC-23 byproduct
emissions. For example, one commitment from 2015 states, in part:
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\11\ <a href="https://obamawhitehouse.archives.gov/the-press-office/2014/09/16/fact-sheet-obama-administration-partners-private-sector-new-commitments-">https://obamawhitehouse.archives.gov/the-press-office/2014/09/16/fact-sheet-obama-administration-partners-private-sector-new-commitments-</a> and <a href="https://obamawhitehouse.archives.gov/the-press-office/2015/10/15/fact-sheet-obama-administration-and-private-sector-leaders-announce">https://obamawhitehouse.archives.gov/the-press-office/2015/10/15/fact-sheet-obama-administration-and-private-sector-leaders-announce</a>.
``Chemours today agreed to control and, to the extent feasible,
eliminate by-product emissions of HFC-23 at all its fluorochemical
production facilities worldwide. Furthermore, Chemours today agreed
to use in the U.S. only feedstock HCFC-22 from producers that
control and, to the extent feasible, eliminate by-product emissions
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of HFC-23 at their production facilities in North America.''
And a second 2015 pledge states, in part:
``Daikin Industries Ltd. today announced its commitment to
strictly control and, to the extent feasible, eliminate by-product
emissions of HFC-23 at its fluorochemical production facilities
worldwide. Daikin's plant in Decatur, Alabama, was the first plant
in the U.S. that committed to the destruction of HFC-23 when it
started operations in 1994.''
These commitments demonstrate longstanding concerns over and
efforts to limit HFC-23 byproduct emissions. Further, in a 2021 news
release, Chemours announced a project to significantly reduce emissions
at their Louisville, Kentucky, manufacturing site. As stated in the
news release, the project includes the design, custom-build, and
installation of proprietary technology to capture at least 99 percent
of HFC-23 process emissions from the site. The news release is
available in the docket to this rule (EPA-HQ-OAR-2021-0253).
III. What is EPA proposing in this action?
A. What is EPA proposing to require for manufacturers of class II ODS?
In this action, EPA is proposing plants that manufacture HCFCs must
control, capture, and destroy HFC-23 byproduct emissions. More
specifically, EPA is proposing that, no later than October 1, 2022, as
compared to the amount of chemical intentionally manufactured on a
facility line over a certain time period, no more than 0.1 percent of
HFC-23 generated on the line may be emitted during that same time
period. After such point, emissions of HFC-23 byproduct that exceed the
0.1 percent would be treated as violations of an applicable emissions
limitation in violation of federal law and subject to appropriate
enforcement action. The proposed 0.1 percent allowable emissions
standard is mass based, with the mass of the intentionally produced
substance as the comparison point. In other words, if a line is
intentionally producing 1,000 pounds of HCFC-22 over a certain time
period, only one pound of HFC-23 could be emitted over that same time
period. EPA proposes that any captured HFC-23 must either be refined
and employed for commercial purposes, in accordance with any other
governing regulatory requirements, or destroyed.
Given that the focus of this rulemaking is to minimize HFC-23
byproduct emissions, it is reasonable to require that if the HFC-23 is
not being captured and employed for a commercial purpose, in which case
it is not directly emitted from the HCFC manufacturing facility, HFC-23
must be destroyed using a technology that has been demonstrated to be
highly effective in destroying HFC-23. EPA is proposing that HFC-23
must be destroyed using a technology approved by EPA. HFC-23 is a
regulated substance under the newly enacted AIM Act. EPA has recently
published the Proposed HFC Allocation Rule (86 FR 27150, May 19, 2021),
which includes a proposal to approve specific technologies as
permissible for the destruction of HFC-23. Because HFC-23 is a
regulated substance under the AIM Act, it seems most appropriate to
list approved technologies for the destruction of HFC-23 through the
Proposed HFC Allocation Rule. Therefore, EPA is not separately
proposing a list of technologies through this rulemaking. The list of
technologies proposed for approval through the Proposed HFC Allocation
Rule is as follows: (1) Gaseous/fume oxidation; (2) Liquid injection
incineration; (3) Reactor cracking; (4) Rotary kiln incineration; (5)
Argon plasma arc; (6) Nitrogen plasma arc; (7) Chemical reaction with
hydrogen and carbon dioxide; and (8) Superheated steam reactor. As
stated in the preamble of the Proposed HFC Allocation Rule (86 FR
27183), these technologies are capable of destroying HFC-23 to a
destruction and removal efficiency (DRE) of 99.99 percent.\12\
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\12\ The preamble to the Proposed HFC Allocation Rule also
states that many of the destruction technologies previously approved
by EPA to destroy ODS have also been found capable of destroying
HFCs to a minimum DRE of 99.99 percent, citing the 2018 TEAP Report,
Volume 2: Decision XXIX/4 TEAP Task Force Report on Destruction
Technologies for Controlled Substances. March 15, 2021. <a href="https://ozone.unep.org/sites/default/files/2019-04/TEAP-DecXXIX4-TF-Report-April2018.pdf">https://ozone.unep.org/sites/default/files/2019-04/TEAP-DecXXIX4-TF-Report-April2018.pdf</a>. In addition, we note that these eight technologies
are currently included in the list of destruction processes approved
by EPA for class I and class II ODS, which can be found in the
definition of ``destruction'' in 40 CFR 82.3.
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For additional information on these technologies, EPA's basis for
approving them for destruction of HFC-23, and to participate in the
public process concerning that Proposed HFC Allocation Rule, please see
the earlier-cited proposed rule. EPA is soliciting comment on its
proposed approach to require use of a technology listed as approved
through the Proposed HFC Allocation Rule, and it is also soliciting
comment in this rulemaking on whether the same set of destruction
technologies should be separately listed and approved for HFC-23
destruction under
[[Page 53920]]
this rulemaking for inclusion in the part 82 regulations.
As noted previously, the known plants affected by this rulemaking
have made public commitments to control and, to the extent feasible,
eliminate byproduct emissions of HFC-23. In recent discussions with
EPA, affected companies described ongoing efforts to control, capture,
and destroy HFC-23, including planned facility upgrades.\13\ EPA is
proposing regulations to establish permanent and federally enforceable
requirements in addition to these voluntary commitments. EPA
acknowledges that some plants may need to install and calibrate new
equipment to meet the standard and therefore is proposing a compliance
date of October 1, 2022, to allow these plants to complete these
activities. Based on the actions EPA understands need to be undertaken,
including building and installing customized equipment, October 1,
2022, is a reasonable date by which plants should be expected to comply
with the requirements proposed in this rule, if finalized.
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\13\ ``Facilities with HFC-23 Emissions'' is available in the
docket (EPA-HQ-OAR-2021-0253).
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Moreover, EPA recognizes that individual circumstances could arise
that make it impossible for an individual plant to install necessary
controls by October 1, 2022. Therefore, EPA proposes that the Agency
may grant a six-month deferral of this compliance deadline (with the
possibility of an additional, one-time six month extension) for
companies that can demonstrate to EPA that they have taken concrete
steps to start to improve their HFC-23 control, capture, and
destruction (such as purchase and installation of necessary equipment)
at the relevant plants, are reporting under applicable sections of 40
CFR parts 82, 84,\14\ and 98, and have clear plans to come into full
compliance with the 0.1 percent HFC-23 limit by the deferred date.
Alternatively, EPA proposes that the Agency may grant a one-time, one-
year deferral of the October 1, 2022 deadline, with no possible
extension. EPA is soliciting comment on whether a phased approach of
two six-month deferrals would provide helpful oversight by EPA on the
company's progress to ensure regulatory requirements take effect as
soon as feasible, or whether a single one-time deferral is more
appropriate in this instance. Under this proposal, companies would need
to request such a deferral by August 1, 2022. EPA proposes to make a
determination on an application within 30 days. EPA intends to publicly
announce any compliance deferrals granted under this process.
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\14\ EPA has proposed initial implementing regulations for the
recently enacted AIM Act, which would be codified at 40 CFR part 84.
This includes proposed recordkeeping and reporting requirements.
More details can be found in ``Phasedown of Hydrofluorocarbons:
Establishing the Allowance Allocation and Trading Program under the
American Innovation and Manufacturing Act'' (86 FR 27150, May 19,
2021). If the referenced recordkeeping and reporting requirements
are finalized, EPA is proposing through this document that such
recordkeeping and reporting requirements would need to be followed
in order for a facility to be eligible for an extension.
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EPA proposes that the destruction of captured HFC-23 is not
required to occur at the same plant where the HFC-23 is generated.
Destruction of HFC-23 may occur either at the plant where it is
generated (on-site) or off-site at another plant. In instances where
captured HFC-23 is destroyed off-site, EPA proposes that the
transportation to and destruction at the off-site plant would be
considered in calculating compliance with the 0.1 percent emissions
standard.
Destruction of HFC-23 on-site at the plant where it is generated
occurs very soon after it is generated. Accordingly, EPA proposes that
if a company utilizes onsite destruction capability, HFC-23 must be
destroyed within 30 days of its generation. Alternatively, where
destruction occurs off-site, more time may be needed to allow for
transportation. To ensure HFC-23 is destroyed in a reasonable amount of
time and is not inadvertently emitted, EPA is proposing to require that
off-site HFC-23 destruction occur within 90 days after it is generated.
These timelines are achievable as a practical matter while being short
enough to avoid potential malfeasance that could occur over an
elongated time horizon and to minimize the potential of accidental
releases. EPA welcomes comment on these timeframes and would consider
longer time windows if necessary to destroy HFC-23.
The CAA in section 605(c) provides EPA with the authority to
promulgate regulations relating to the phase out of production of class
II substances. Given plants are allowed to continue to manufacture
HCFCs indefinitely under certain exceptions to the general prohibition
on their production, such as manufacture as a feedstock for
transformation, it is reasonable to require them to control, capture,
and/or destroy HFC-23 emissions associated with such manufacture. As
noted previously, HFC-23 has a GWP of 14,800, meaning that emitting a
single kilogram of HFC-23 has about the same effect on the global
climate over 100 years as emitting 14,800 kilograms of CO<INF>2</INF>.
Elevated concentrations of greenhouse gases (GHGs), including HFC-23,
have been warming the planet, leading to changes in the Earth's climate
including changes in the frequency and intensity of heat waves,
precipitation, and extreme weather events, rising seas, and retreating
snow and ice. The changes taking place in the atmosphere as a result of
the well-documented buildup of GHGs due to human activities are
changing the climate at a pace and in a way that threatens human
health, society, and the natural environment. Extensive additional
information on climate change is available in numerous scientific
assessments \15\ and EPA documents, as well as in the technical and
scientific information supporting them. Two of these documents are
EPA's 2009 final rule document ``Endangerment and Cause or Contribute
Findings for Greenhouse Gases Under Section 202(a) of the Clean Air
Act'' (74 FR 66496, December 15, 2009) and EPA's 2016 Endangerment and
Cause or Contribute Findings for greenhouse gas emissions from aircraft
under section 231(a)(2)(A) of the Clean Air Act (81 FR 54422, September
14, 2016).\16\
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\15\ For example, the 2018 National Climate Assessment or the
2018 IPCC Special Report on 1.5 [deg]C: USGCRP, 2018: Impacts,
Risks, and Adaptation in the United States: Fourth National Climate
Assessment, Volume II [Reidmiller, D.R., C.W. Avery, D.R.
Easterling, K.E. Kunkel, K.L.M. Lewis, T.K. Maycock, and B.C.
Stewart (eds.)]. U.S. Global Change Research Program, Washington,
DC, USA, 1515 pp. doi: 10.7930/NCA4.2018 and IPCC, 2018: Global
Warming of 1.5 [deg]C. An IPCC Special Report on the impacts of
global warming of 1.5 [deg]C above pre-industrial levels and related
global greenhouse gas emission pathways, in the context of
strengthening the global response to the threat of climate change,
sustainable development, and efforts to eradicate poverty [Masson-
Delmotte, V., P. Zhai, H.-O. P[ouml]rtner, D. Roberts, J. Skea, P.R.
Shukla, A. Pirani, W. Moufouma-Okia, C. P[eacute]an, R. Pidcock, S.
Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy,
T. Maycock, M. Tignor, and T. Waterfield (eds.)].
\16\ In describing these 2009 and 2016 Findings in this
proposal, EPA is neither reopening nor revisiting them.
---------------------------------------------------------------------------
As noted, EPA is aware of two plants that intentionally manufacture
HCFCs that generate HFC-23 as a byproduct. Both of these plants
manufacture HCFC-22 for transformation. The definition in 40 CFR 82.3
of transformation notes that chemicals used in transformation processes
are used and entirely consumed, except for trace quantities. As noted
previously, this is consistent with the exclusion of substances that
are ``used and entirely consumed (except for trace quantities) in the
manufacture of other chemicals'' from the definition of produce,
produced, and production in section 601(11) of the CAA. It is
reasonable to assume that, in excepting transformation processes from
the definitions related to production and
[[Page 53921]]
accordingly from the production controls under the ODS phaseout,
including for HCFCs, Congress's expectation was that HCFCs manufactured
under this exception would be used and entirely consumed in the
subsequent transformation processes, thereby resulting in minimal
environmental effects from the manufactured HCFCs. Accordingly, it is
reasonable for EPA to place additional controls around the process used
to manufacture HCFCs intended for transformation in order to minimize
its environmental effects.
B. What is EPA proposing for recordkeeping and reporting requirements?
EPA is proposing reporting requirements and corresponding
recordkeeping requirements for plants that manufacture class II ODS
with HFC-23 byproduct generation. EPA is proposing a one-time report,
to be submitted within 45 days after the effective date of the rule,
containing the following: (i) Information on the capacity to
manufacture the intended chemical(s) on the line(s) where HFC-23
byproduct is generated; (ii) a description of actions taken at the
plant to control the generation and emissions of HFC-23; (iii)
identification of approved destruction technology and its location
intended for use for HFC-23 destruction; and (iv) a copy of the DRE
report associated with the destruction technology. EPA is further
proposing that any changes to the information provided in the one-time
report be reflected in a revision submitted to EPA within 60 days of
the change(s).
EPA is also proposing quarterly reporting, to be submitted 45 days
after the end of the applicable reporting period,\17\ for production
line data on HFC-23: (i) Emissions; (ii) generated, whether captured or
not; (iii) generated and captured for all uses; (iv) generated and
captured for feedstock use in the United States; (v) generated and
captured for destruction; (vi) used for feedstock without prior
capture; and (vii) destroyed without prior capture. Quantities should
be reported in kilograms consistent with the existing reporting
requirements in 40 CFR 82.24 for class II controlled substances.
---------------------------------------------------------------------------
\17\ There are four quarters or reporting periods in the control
period. As defined in 40 CFR 82.3, the control period is each
twelve-month period from January 1 through December 31.
---------------------------------------------------------------------------
If captured HFC-23 byproduct is destroyed in a subsequent calendar
year (e.g., it is generated and captured December 15 and destroyed
January 15 in the following year), EPA is further proposing to require
the entity that generated the HFC-23 to report that the HFC-23 has been
destroyed. The information must be submitted within 45 days after
destruction occurs. In addition, where destruction of HFC-23 occurs at
a different plant than where it is generated, EPA is proposing to
require the entity that generated the HFC-23 to report that the HFC-23
has been destroyed within 90 days of being generated. The information
must be submitted within 45 days after destruction occurs.
To ensure that reported values for HFC-23 generation, capture,
transformation, and destruction are reliable, EPA is proposing to
require entities to comply with certain monitoring and calculation
provisions. Specifically, EPA is proposing to require entities to meet
the same requirements in 40 CFR part 98, subpart L or subpart OO,
depending on the quantity being reported. These provisions include
validated methods for measuring concentrations of HFC-23 in process
streams and the mass flow rates of those streams; accuracy, precision,
and calibration requirements for instrumentation; and specific
calculation methods for uncontrolled emissions and for quantities
transformed and destroyed. EPA proposes to include these reporting
requirements to ensure that reported data are accurate, precise, and
comparable over time and across plants and companies.
Regarding annual plant-level information on HFC-23 generated and
destroyed, these data are inputs into emission equations that are used
under GHGRP subpart O to calculate and report emissions of HFC-23, and
inputs into emission equations are considered ``emission data.''
Section 114(c) of the CAA provides that ``emission data'' shall be
available to the public. EPA generally anticipates that these elements
related to HFC-23 are emission data and thus will not be treated as
confidential following their collection.
EPA is proposing to require records of reports submitted to EPA to
be kept for five years.
III. Statutory and Executive Order Review
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is an economically significant regulatory action that
was submitted to the Office of Management and Budget (OMB) for review.
Any changes made in response to OMB recommendations have been
documented in the docket. EPA prepared an analysis of the potential
costs and benefits associated with this action. This analysis, ``Draft
Regulatory Impact Analysis for Protection of Stratospheric Ozone:
Standards Related to the Manufacture of Class II Ozone-Depleting
Substances for Feedstock'' is available in the docket.
B. Paperwork Reduction Act (PRA)
The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that EPA prepared has been assigned
EPA ICR number 1432.37. You can find a copy of the ICR in the docket
for this rule, and it is briefly summarized here.
EPA is proposing both a one-time report and quarterly reporting to
ensure compliance with the proposed limits related to HFC-23 byproduct
emissions from the manufacture of class II controlled substances or
HCFCs. Quarterly reporting is consistent with the existing reporting
requirements in 40 CFR 82.24 for class II controlled substances. The
ICR addresses the incremental changes to the existing reporting and
recordkeeping programs that are approved under OMB control number 2060-
0170.
Respondents/affected entities: Respondents and affected entities
will be plants that manufacture HCFCs and generate HFC-23 as a
byproduct.
Respondent's obligation to respond: Mandatory--sections 603(b) and
114 of the CAA.
Estimated number of respondents: 2.
Frequency of response: Quarterly, annually, and as needed.
Total estimated burden: 164 hours (per year). Burden is defined at
5 CFR 1320.3(b).
Total estimated cost: $20,157 (per year), includes $0 annualized
capital or operation and maintenance costs.
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 in 40 CFR are listed in 40 CFR part 9.
Submit your comments on the Agency's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to EPA using the docket identified at the
beginning of this rule. You may also send your ICR-related comments to
OMB's Office of Information and Regulatory Affairs via email to
<a href="/cdn-cgi/l/email-protection#2b6462796a74585e49464258584244456b444649054e445b054c445d"><span class="__cf_email__" data-cfemail="d39c9a81928ca0a6b1bebaa0a0babcbd93bcbeb1fdb6bca3fdb4bca5">[email protected]</span></a>, Attention:
[[Page 53922]]
Desk Officer for EPA. Since OMB is required to make a decision
concerning the ICR between 30 and 60 days after receipt, OMB must
receive comments no later than October 29, 2021. EPA will respond to
any ICR-related comments in the final rule.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities (SISNOSE) under the
RFA. This action will not impose any requirements on small entities. If
a rule may have a SISNOSE, the Agency would be required to take certain
steps to ensure that the interests of small entities were represented
in the rulemaking process. To determine whether the proposed changes
would likely have a SISNOSE, EPA identified producers with HFC-23
emissions under EPA's GHGRP. The small business threshold is defined by
the SBA as the number of employees in the company and varied between
100 and 1,500 employees. Because only two plants were identified as
potentially affected by this action, and neither of those plants are
owned by small businesses, it can be presumed that this action will
have no SISNOSE.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal Government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action. EPA periodically provides updates on air regulations to
the National Tribal Air Association and will share information on this
rulemaking through this and other fora.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is subject to Executive Order 13045 (62 FR 19885, April
23, 1997) because it is an economically significant regulatory action
as defined by Executive Order 12866, and EPA believes that the
environmental health or safety risk addressed by this action has a
disproportionate effect on children. Accordingly, EPA has evaluated the
environmental health and welfare effects of climate change on children.
GHGs, including HFCs, contribute to climate change. The GHG
emissions reductions from HFC-23 resulting from implementation of this
rule will further improve children's health. The assessment literature
cited in EPA's 2009 and 2016 Endangerment Findings concluded that
certain populations and life stages, including children, the elderly,
and the poor, are most vulnerable to climate-related health effects.
The assessment literature since 2016 strengthens these conclusions by
providing more detailed findings regarding these groups'
vulnerabilities and the projected impacts they may experience. These
assessments describe how children's unique physiological and
developmental factors contribute to making them particularly vulnerable
to climate change. Impacts to children are expected from heat waves,
air pollution, infectious and waterborne illnesses, and mental health
effects resulting from extreme weather events. In addition, children
are among those especially susceptible to most allergic diseases, as
well as health effects associated with heat waves, storms, and floods.
Additional health concerns may arise in low-income households,
especially those with children, if climate change reduces food
availability and increases prices, leading to food insecurity within
households.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action applies to the manufacture
of certain regulated substances, none of which are used to supply or
distribute energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action does not contribute to
disproportionately high and adverse human health or environmental
effects on minority populations, low-income populations, and/or
indigenous peoples, as specified in Executive Order 12898 (59 FR 7629,
February 16, 1994). As discussed in the Regulatory Impact Analysis,
``Draft Regulatory Impact Analysis for Protection of Stratospheric
Ozone: Standards Related to the Manufacture of Class II Ozone-Depleting
Substances for Feedstock,'' one of the plants potentially affected by
this proposed rule is currently controlling their HFC-23 emissions on-
site, and the other plant plans to install equipment that will capture
HFC-23 process emissions. Based on this information and as discussed
further in the Regulatory Impact Analysis, we do not anticipate any
effects from the proposed rule on the manufacture of HCFC-22.
This rule, if finalized, will reduce emissions of a potent GHG that
is generated as a byproduct from the manufacture of certain HCFCs.
While there are no local effects associated with the release of HFC-23,
reducing emissions of HFC-23 will contribute to reducing the effects of
climate change in the longer term, including public health and welfare
effects that may be unevenly distributed and particularly harmful to
minority populations, low-income populations, and/or indigenous
peoples.
List of Subjects in 40 CFR Part 82
Environmental protection, Air pollution control, Chemicals,
Emissions, Reporting and recordkeeping requirements.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 82 as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
[[Page 53923]]
0
2. Amend Sec. 82.15 by adding paragraph (a)(3) to read as follows:
Sec. 82.15 Prohibitions for class II controlled substances.
(a) * * *
(3) Effective October 1, 2022, no person may manufacture class II
controlled substances defined in Sec. 82.3 at a plant where HFC-23
byproduct is generated unless no more than 0.1 percent of HFC-23
generated is emitted as compared to the amount of class II controlled
substances intentionally manufactured on the facility line. Any
captured HFC-23 must be employed for commercial use consistent with the
requirements outlined in 40 CFR part 84 or destroyed using a technology
approved by EPA for that purpose in Sec. 84.29. Where destruction
occurs on-site at the plant where HFC-23 is generated, HFC-23 must be
destroyed within 30 days of its generation. Captured HFC-23 destroyed
at a different plant than where it is generated must be destroyed
within 90 days after its generation. In such instances, emissions
during the transportation to and destruction at the different plant are
included in the calculations of whether the manufacturer meets the 0.1
percent standard.
(i) Request for extension. A person may submit to the relevant
Agency official a request for a six-month extension, with the
possibility of one additional six-month extension of the October 1,
2022, compliance date. No entity may have a compliance date later than
October 1, 2023.
(ii) Timing of request. The extension request must be submitted to
EPA no later than August 1, 2022, for a first-time extension, or
February 1, 2023, for a second extension.
(iii) Content of request. The extension request must contain the
following information:
(A) Name of the plant submitting the request; contact information
for a person at the plant; and the address of the plant.
(B) A description of the specific actions taken at the plant to
improve HFC-23 control, capture, and destruction; the plans to meet the
0.1 percent HFC-23 limit including the expected date by which the
equipment will be installed and operating; and verification that the
plant has met all applicable reporting requirements under 40 CFR parts
82, 84, and 98.
(iv) Review of request. Starting on the first working day following
receipt by the relevant Agency official of a complete request for
extension, the official will initiate review of the information
submitted and take action within 30 working days.
* * * * *
0
3. Amend Sec. 82.24 by adding paragraph (g) to read as follows:
Sec. 82.24 Recordkeeping and reporting requirements for class II
controlled substances.
* * * * *
(g) Manufacturers of class II controlled substances under Sec.
82.15(a)(3). Any person who manufactures class II controlled substances
under Sec. 82.15(a)(3) during a control period must comply with the
following recordkeeping and reporting requirements:
(1) Reporting. Each manufacturer of a class II controlled substance
under Sec. 82.15(a)(3) must provide the Administrator with the
following two reports as required in Sec. 82.24(g)(1)(i) and (ii).
(i) Within 45 days of the effective date of the final rule, each
manufacturer must provide the Administrator with a one-time report
containing the information required in this paragraph (g)(1)(i). Any
changes to information required in this paragraph (g)(1)(i) must be
reflected in a revision to the report to be submitted to EPA within 60
days of the change(s).
(A) Information on the capacity to manufacture the intended
chemical on the line(s) on which HFC-23 is generated.
(B) Description of actions taken at the plant to control the
generation and emissions of HFC-23.
(C) Identification of approved destruction technology and its
location intended for use for HFC-23 destruction.
(D) A copy of the destruction and removal efficiency report
associated with the destruction technology.
(ii) For each quarter, each manufacturer must provide the
Administrator with a report containing the information required in this
paragraph (g)(1)(ii).
(A) Production line data for the quarter on HFC-23 (in kilograms)
on: 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.
(iii) If captured HFC-23 is destroyed in a subsequent control
period, within 45 days after destruction occurs, manufacturers must
submit information to EPA indicating the HFC-23 has been destroyed.
(iv) If captured HFC-23 is destroyed at a different plant than
where it is generated, within 45 days after destruction occurs,
manufacturers must submit information to EPA indicating the HFC-23 has
been destroyed. Such report must include the date on which the HFC-23
was generated and the date on which the HFC-23 was destroyed.
(v) In developing any required report, the owner/operator of a
plant that manufacturers class II controlled substances that generates
HFC-23 must abide by the following monitoring and quality assurance and
control provisions:
(A) To calculate the quantities of HFC-23 generated and captured
for any use, generated and captured for destruction, used for feedstock
without prior capture, and destroyed without prior capture, plants
shall comply with the monitoring methods and quality assurance and
control requirements set forth at 40 CFR 98.414 of this title and the
calculation methods set forth at Sec. 98.413 of this title, except
Sec. 98.414(p) of this title shall not apply.
(B) To calculate the quantity of HFC-23 emitted, plants shall
comply with the monitoring methods and quality assurance and control
requirements set forth at Sec. 98.124 of this title and the
calculation methods set forth at Sec. 98.123 of this title.
(2) Recordkeeping. Each manufacturer during a control period must
maintain records of reports provided to the Administrator for five
years.
[FR Doc. 2021-20746 Filed 9-28-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 29, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.