[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Notices]
[Pages 53999-54001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22811]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6864-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Protection of Stratospheric Ozone--Phaseout Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following renewal of the Information Collection Request (ICR) to the 
Office of Management and Budget (OMB): Record Keeping and Periodic 
Reporting of the Production, Import, Recycling, Destruction, 
Transshipment and Feedstock Use of Ozone-Depleting Substances, EPA 
Number 1432.17; OMB Number 2060-0170; with an extended expiration date 
of 1/31/01. Before submitting the ICR to OMB for review and approval, 
EPA is soliciting comments on specific aspects of the proposed 
information collection as described below.

DATES: Comments must be submitted on or before November 6, 2000.

ADDRESSES: Copies of the material supporting this ICR renewal notice 
are available free of charge from The Stratospheric Ozone Protection 
Hotline at 1-800-269-1996 between the hours of 10am and 4pm Eastern 
Standard Time.

FOR FURTHER INFORMATION CONTACT: Tom Land, U.S. Environmental 
Protection Agency, Stratospheric Protection Division (6205J), 1200 
Pennsylvania Ave., NW, Washington, D.C., 20460, telephone (202)-564-
9185, facsimile (202)-565-2093, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially 
affected by this action are those which produce, import, export, 
destroy, transform as a feedstock, and distribute controlled ozone-
depleting substances.
    Title: Record Keeping and Periodic Reporting of the Production, 
Import, Recycling, Destruction, Transshipment and Feedstock Use of 
Ozone-Depleting Substances, EPA Number 1432.17; OMB Number 2060-0170; 
with an extended expiration date of 1/31/01.
    Abstract: The international treaty The Montreal Protocol on 
Substances that Deplete the Ozone Layer (Protocol) and Title VI of the 
Clean Air Act (CAA) establish limits on total U.S. production, import 
and export of class I and class II controlled ozone-depleting 
substances. The U.S. is obligated under the Protocol to cease 
production and import of class I controlled substances with exemptions 
for essential-uses, previously used material, and material that will be 
transformed, destroyed or exported to developing countries. The 
Protocol also establishes limits and reduction schedules leading to the 
eventual phaseout of class II controlled substances and methyl bromide 
with similar exemptions beyond the phaseout. The CAA has its own limits 
on production and consumption of controlled substances that EPA must 
enforce using the information submitted.
    To ensure U.S. compliance with the limits and restrictions 
established by the Protocol and the CAA, the regulation establishes 
control measures for individual companies. The limits and restrictions 
for individual U.S. companies are monitored by EPA through the 
reporting requirements established in the regulation under 40 CFR Part 
82, Subpart A. The information submitted to EPA is entered into the 
Stratospheric Protection Tracking System. The Tracking System allows 
EPA to conduct compliance monitoring of individual companies, as well 
as compliance monitoring for the U.S. with respect to Protocol 
obligations and statutory requirements under the CAA.
    EPA uses the information to direct special attention to illegal 
activities associated with the import of both newly produced and 
previously used controlled substances. Illegal imports and the 
avoidance of the tax on these

[[Page 54000]]

chemicals reduce the incentive to shift to alternatives substances that 
do not deplete the ozone layer and penalize companies who are complying 
with U.S. laws. EPA is active in the Federal inter-agency taskforce 
conducting nation-wide enforcement actions against illegal imports. The 
information provided to EPA in response to the accelerated phaseout 
regulations often form the basis and support for these enforcement 
cases.
    The regulation outlines both record keeping and reporting 
requirements. These reporting requirements are designed: (1) To satisfy 
U.S. obligations under the international treaty, the Montreal Protocol 
on Substances that Deplete the Ozone Layer, in particular the 
requirements under Article 7 of the Protocol; (2) to fulfill statutory 
obligations under Section 603(b) of Title VI of the CAA; (3) to report 
to Congress on the production, use and consumption of class I and class 
II controlled substances as statutorily required in Section 603(d) of 
the CAA; and (4) to address Federal and industry concerns regarding 
illegal imports of newly produced and previously used controlled 
substances that are undercutting the U.S. markets for alternatives.
    The information submitted to EPA is maintained in a Tracking System 
that allows the Agency: (1) To maintain control over total production 
and consumption of controlled substances to satisfy conditions of the 
CAA and fulfill U.S. obligations under the Protocol; (2) to monitor 
compliance with limits and restrictions on production, imports, exports 
and specific exemptions to the phaseout for individual U.S. companies; 
and (3) to enforce against illegal importers and other violations 
related to the control of class I and class II controlled substances. 
Reporting on the exemptions permits a person to retain the benefit of 
being able to produce or import a controlled class I ozone-depleting 
substance beyond the date of complete phaseout.
    Pursuant to regulations 40 CFR part 2, subpart B, you are entitled 
to assert a business confidentiality claim covering any part of the 
submitted business information as defined in 40 CFR 2.201(c).
    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.
    The EPA would like to solicit comments to:
    (i) evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The burden hours shown below represent the hours 
for the renewal of the information collection request (ICR). EPA is 
concurrently working on many rules that will revise the record keeping 
and reporting under the regulations in 40 CFR Part 82, Subpart A. These 
future revisions to the record keeping and reporting requirements will 
be accompanied by future revisions to the ICR that will be published 
along with the separate rulemakings. In addition, EPA is in the process 
of reflecting these many revisions in a changed Guidance Document on 
reporting (including reporting forms). EPA is also working toward 
making the reporting forms available electronically as well as creating 
a secure system for the direct submission of electronic reporting.

                                    Table I--Respondent Burden Hours Per Year
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                                                                                                 Hours
                    Collection activity                        No. of   Responses/    Total       per     Total
                                                             responses  Respondent  responses  response   hours
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Producer's Report..........................................         8           4         32         16      512
Importer's Report..........................................         6           4         24         16      384
Notification of Trade......................................         2           1          2          2        4
Export Report..............................................        10           1         10         80      800
Lab Certification..........................................      1000           1       1000          1     1000
Class II Report............................................        14           4         56         16      896
Transformation & Destruction...............................        15           1         15         80     1200
Essential Use Allowance Holders............................        12           4         48         24     1152
Lab Suppliers..............................................         4           4         16         24      384
Lab Suppliers--Reference Standards.........................        10           1         10         16      160
                                                            ----------------------------------------------------
      Total Burden Hours...................................      1081          25       1213        283     6492
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    Burden mean 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.
    The accelerated phaseout rule for ozone-depleting substances 
requires respondents to submit reports to the Agency and maintain 
records. Operating and maintenance (O&M) costs include file storage, 
photocopying, and postage. Operating and maintenance costs also include 
the general upkeep of start-up capital equipment, as well as any 
purchase of services such as contractor

[[Page 54001]]

or auditing services. The O&M costs are estimated at $3,032 for the 
accelerated phase out rule for ozone-depleting substances.
    Summary Bottom Line Burden Hours and Costs: (a) Respondent's annual 
burden hours, $6,876; (b) Respondent's annual labor costs, $536,328; 
(c) Respondent's capital/start-up costs (ICR renewal notice), $0; (d) 
Respondent's O & M costs, $3,032; (e) Agency's annual burden hours, 
$2,159; (f) Agency's annual labor costs, $102,125.
    Send comments regarding these matters, or any other aspects of the 
information collection, including suggestions for reducing the burden, 
to the address listed in the ADDRESSES section of this Notice.

    Dated: August 23, 2000.
Avis C. Robinson,
Acting Director, Office of Atmospheric Programs.
[FR Doc. 00-22811 Filed 9-5-00; 8:45 am]
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