[Federal Register Volume 73, Number 104 (Thursday, May 29, 2008)]
[Notices]
[Pages 30917-30919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11986]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0264; FRL-8572-8]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Protection of Stratospheric Ozone: Recordkeeping and 
Periodic Reporting of the Production, Import, Recycling, Destruction, 
Transhipment, and Feedstock Use of Ozone-Depleting Substances 
(Renewal); EPA ICR No. 1432.29, OMB Control No. 2060-0170

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
1432.25, is scheduled to expire on December 31, 2008. 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 July 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0264 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-1741.
     Mail: EPA-HQ-OAR-2008-0264, Environmental Protection 
Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: EPA-HQ-OAR-2008-0264, Air and Radiation 
Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code 
6102T, Washington, DC 20460. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0264. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Kirsten Cappel, Stratospheric 
Protection Division, Office of Atmospheric Programs, (6205J), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 343-9556; fax number: 
(202) 343-2338; e-mail address: [email protected]. You may also 
visit the Ozone Depletion Web site of EPA's Stratospheric Protection 
Division at http://www.epa.gov/ozone/strathome.html for further 
information about EPA's Stratospheric Ozone Protection regulations, the 
science of ozone layer depletion, and related topics.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2008-0264, which is available for online viewing at 
http://www.regulations.gov, or in person

[[Page 30918]]

viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is 202-566-1744, and the telephone number for Air and 
Radiation Docket is 202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does this Apply to?

    Affected entities: Entities potentially affected by this action are 
producers, importers, and distributors of chlorofluorocarbons and 
methyl bromide, as well as research institutions using such substances.
    Title: Agency Information Collection Activities; Proposed 
Collection; Comment Request; Protection of Stratospheric Ozone: 
Recordkeeping and Periodic Reporting of the Production, Import, 
Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-
Depleting Substances (Renewal).
    ICR numbers: EPA ICR No. 1432.29, OMB Control No. 2060-0170.
    ICR status: EPA ICR 1432.25 is currently scheduled to expire on 
December 31, 2008. 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 Title 40 of the CFR, after appearing in the 
Federal Register when approved, are listed in 40 CFR part 9, are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: EPA is seeking to renew EPA ICR 1432.25 which authorizes 
the recordkeeping and reporting requirements established in the 
regulations stated in 40 CFR part 82, subpart A and as required by the 
United States' commitments under the international treaty The Montreal 
Protocol on Substances that Deplete the Ozone Layer (Protocol). This 
information collection allows EPA to monitor the United States' 
compliance with the Protocol and Title VI of the Clean Air Act 
Amendments of 1990 (CAA).
    Under its Protocol commitments, the United States is obligated to 
cease production and import of Class I controlled substances excluding 
chlorofluorocarbons (CFCs) that are subject to essential use 
exemptions, methyl bromide that is subject to critical use exemptions 
or exemptions for quarantine and preshipment uses or emergency 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 with similar exemptions 
beyond the phaseout. In addition to the Montreal Protocol, the CAA has 
its own limits on production and consumption of controlled substances 
that EPA must adhere to and enforce.
    Under 40 CFR 82.13, producers, importers, exporters, distributors, 
and other entities must meet quarterly, annual, and/or transactional 
recordkeeping and reporting requirements for Class I ozone-depleting 
substances (ODS). This information collection is conducted to meet U.S. 
obligations under the Montreal Protocol. The information collection 
request is required to obtain a benefit under Title VI of the CAA, 
added by Section 764 of the 1999 Omnibus Consolidated and Emergency 
Supplemental Appropriations Act (Pub. L. No. 105-277; October 21, 
1998).
    The reporting and recordkeeping requirements for Class I ODS will 
enable EPA to:
    1. Ensure compliance with the restrictions on production, import, 
and export of Class I controlled substances;
    2. Allow exempted production and import for certain uses and the 
consequent tracking of that production and import;
    3. Address industry and Federal concerns regarding the illegal 
import of mislabeled used controlled substances;
    4. Satisfy the United States' obligations to report data under 
Article 7 of the Protocol;
    5. Fulfill statutory obligations under Section 603(b) of the CAA 
for reporting and monitoring;
    6. Provide information to report to the U.S. Congress on the 
production, use, and consumption of Class I controlled substances as 
statutorily required in Section 603(d) of Title VI of the CAA.
    The reported data will enable EPA to:
    1. Maintain compliance with the Protocol requirements for annual 
data submission on the production of ODS; and

[[Page 30919]]

    2. Analyze technical use data to ensure that exemptions are used in 
accordance with requirements included in the annual authorization 
rulemakings.
    EPA informs respondents that they may assert claims of business 
confidentiality for any of the information they submit. Information 
claimed confidential will be treated in accordance with the procedures 
for handling information claimed as confidential under 40 CFR Part 2, 
Subpart b, and will be disclosed only if EPA determines that the 
information is not entitled to confidential treatment. If no claim of 
confidentiality is asserted when the information is received by EPA, it 
may be made available to the public without further notice to the 
respondents (40 CFR 2.203). Individual reporting data may be claimed as 
sensitive and will be treated as confidential information in accordance 
with procedures outlined in 40 CFR Part 2.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 2.4 
hours per response. Burden means 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 which have subsequently changed; 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 ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
     Estimated total number of potential respondents: 1157.
     Frequency of response:
    -- Producers, importers, holders of essential use allowances, 
laboratory suppliers, and distributors of QPS methyl bromide (Class I, 
Group VI substances) are to report to EPA quarterly (45 days after the 
end of each quarter);
    -- Exporters, and persons that destroy and transform Class I 
controlled ODS are to report to EPA annually (45 days after the end of 
the control period);
    -- Persons wanting to trade with another Party to the Protocol, 
undertake interpollutant conversions, transfer allowances, import used 
Class I controlled substances (i.e. petition) are to submit reports to 
EPA on a transactional basis.
    -- All entities may be required to provide other such information 
that the Administrator may reasonably require to comply with requests 
from the Ozone Secretariat seeking information required by decisions 
taken by the Parties to the Montreal Protocol.
     Estimated total average number of responses for each 
respondent: 1.6.
     Estimated total annual burden hours: 2810 hours.
     Estimated total annual costs: $269,242. This includes an 
estimated burden cost of $263,662 and an estimated cost of $5,580 for 
capital investment or maintenance and operational costs.

Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 5,560 hours in the total estimated 
respondent burden compared with that identified in the EPA ICR 1432.25 
which is currently approved by OMB. This large decrease is primarily 
due to a decrease in the overall burden for compliance, specifically 
the hours needed to certify laboratory and QPS uses of ozone depleting 
substances. The prior estimate for self certification was much higher 
than the Agency's experience has shown it to be. The burden and cost 
estimates for the Agency increased largely due to increases in the 
average hourly wage rate caused by normal inflation. As implementation 
of electronic reporting via the Agency's central data exchange (CDX) 
expands to additional segments of the regulated community, EPA expects 
burden and costs to further decline. EPA anticipated that when the CDX 
system becomes fully utilized, all required data will be submitted and 
tracked electronically, thus reducing and/or eliminating reporting by 
paper.

What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 22, 2008.
Drusilla Hufford,
Director, Stratospheric Protection Division.
[FR Doc. E8-11986 Filed 5-28-08; 8:45 am]
BILLING CODE 6560-50-P