Je veux savoir à propos de…

53920

Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1

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.
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, oneyear 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 13 Facilities with HFC-23 Emissions is available in the docket EPAHQOAR20210253.
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.

VerDate Sep<11>2014

17:01 Sep 28, 2021

Jkt 253001

oversight by EPA on the companys 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.
EPA proposes that the destruction of captured HFC-23 is not required to occur at the same plant where the HFC23 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 605c 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 CO2. Elevated concentrations of greenhouse gases GHGs, including
PO 00000

Frm 00035

Fmt 4702

Sfmt 4702

HFC-23, have been warming the planet, leading to changes in the Earths 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 EPAs 2009 final rule document Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202a of the Clean Air Act 74 FR 66496, December 15, 2009 and EPAs 2016
Endangerment and Cause or Contribute Findings for greenhouse gas emissions from aircraft under section 231a2A
of the Clean Air Act 81 FR 54422, September 14, 2016.16
As noted, EPA is aware of two plants that intentionally manufacture HCFCs that generate HFC-23 as a byproduct.
Both of these plants manufacture HCFC22 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 60111 of the CAA. It is reasonable to assume that, in excepting transformation processes from the definitions related to production and 15 For example, the 2018 National Climate Assessment or the 2018 IPCC Special Report on 1.5 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 C. An IPCC Special Report on the impacts of global warming of 1.5 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. Portner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Pean, 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.

E:FRFM29SEP1.SGM

29SEP1