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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules accordingly from the production controls under the ODS phaseout, including for HCFCs, Congresss 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.

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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 chemicals on the lines 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 changes.
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.
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 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.

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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 114c 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

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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 OzoneDepleting 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 20600170.
Respondents/affected entities:
Respondents and affected entities will be plants that manufacture HCFCs and generate HFC-23 as a byproduct.
Respondents obligation to respond:
Mandatorysections 603b 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
1320.3b.
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 EPAs regulations in 40
CFR are listed in 40 CFR part 9.
Submit your comments on the Agencys 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 OMBs Office of Information and Regulatory Affairs via email to OIRA_
submission@omb.eop.gov, Attention:

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