[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Notices]
[Pages 8252-8254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3910]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0039; FRL-8775-4]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Reporting and Recordkeeping Requirements of the HCFC 
Allowance System; EPA ICR No. 2014.03 OMB Control No. 2060-0498

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 is 
scheduled to expire on July 31, 2009. 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 April 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0039 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: 1200 Pennsylvania Ave, NW., Mailcode 2822T, 
Washington DC 20460.
     Hand Delivery: 1301 Constitution Ave, NW., Room 3334, EPA 
West Building, Washington, DC 20004. 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-
2003-0039. 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 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: Robert Burchard, Office of Air and 
Radiation, 6205J, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9126; fax 
number: (202) 343-2208 ; email address: [email protected].

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-2003-0039, which is available for online viewing at 
http://www.regulations.gov, or in person 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 8:30 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 the 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

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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?

    Docket ID No. EPA-HQ-OAR-2003-0039.
    Affected entities: Entities potentially affected by this action are 
companies that produce, import, and export class II controlled ozone 
depleting substances.
    Title: Reporting and Recordkeeping Requirements of the HCFC 
Allowance System.
    ICR numbers: EPA ICR No. 2014.03, OMB Control No. 2060-0498.
    ICR status: This ICR is currently scheduled to expire on July 31, 
2009. 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: The international treaty The Montreal Protocol on 
Substances that Deplete the Ozone Layer (Protocol) and Title VI of the 
Clean Air Act Amendments (CAAA) established limits on total U.S. 
production, import, and export of class I and class II controlled ozone 
depleting substances (commonly referred to as ``controlled 
substances'').
    Under its Protocol commitments, the United States was obligated to 
cease production and import of class I controlled substances (e.g., 
chlorofluorocarbons or CFCs) with exemptions for essential uses, 
critical uses, previously used material, and material that is 
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 (i.e., 
hydrochlorofluorocarbons or HCFCs).
    The U.S. is obligated to limit HCFC consumption (defined by the 
Protocol as production plus imports, minus exports). The U.S. is also a 
signatory to amendments that created a schedule for the phaseout of the 
consumption of HCFCs. The schedule called for a 35 percent reduction on 
January 1, 2004, followed by a 75 percent reduction on January 1, 2010, 
a 90 percent reduction on January 1, 2015, a 99.5 percent reduction on 
January 1, 2020, and a total phaseout on January 1, 2030. The U.S. 
Environmental Protection Agency (EPA) is responsible for administering 
the phaseout. The U.S. comfortably met the 35% reduction of the cap, 
and is on schedule to meet the 75% reduction for January 1, 2010.
    To ensure the U.S. compliance with these limits and restrictions, 
EPA established an allowance system to control U.S. production and 
import of HCFCs by granting control measures referred to as baseline 
allowances. Baseline allowances are based on the historical activity of 
individual companies. There are two types of allowances: consumption 
and production allowances. Since each allowance is equal to 1 kilogram 
of HCFC, EPA is able to monitor the quantity of HCFCs being produced, 
imported and exported. Transfers of production and consumption 
allowances among producers and importers are allowed and are tracked by 
EPA.
    The limits and restrictions for individual U.S. companies are 
monitored by EPA through the recordkeeping and reporting requirements 
established in the regulations in 40 CFR part 82, subpart A. To submit 
required information, regulated entities can download voluntary 
reporting forms from EPA's Web site (http://www.epa.gov/ozone/record.index.html), complete them, and send them to EPA 
electronically,via mail, courier, or fax. Almost all of the large 
regulated companies use the EPA reporting forms.
    Upon receipt of the reports, the data is entered into the ODS 
Tracking System. The ODS Tracking System is a secure database that 
maintains the data submitted to EPA and helps the Agency: maintain 
oversight over total production and consumption of controlled 
substances; monitor compliance with limits and restrictions on 
production, imports, and trades and specific exemptions from the 
phaseout for individual U.S. companies; and enforce against illegal 
imports.
    Burden Statement: The total annual public reporting and 
recordkeeping burden for this collection of information is estimated to 
be 1,860 hours and $175,673. 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: 53.
    Frequency of response: Annually, Quarterly, or on occasion (Request 
for additional consumption Reports or Transfer of Allowance Report).
    Estimated total average number of responses for each respondent: 
7.5 (393/53).
    Estimated total annual burden hours: 1860 hours.
    Estimated total annual costs: $175,673. This includes an estimated 
burden cost of $174,533 and an estimated cost of $1,140 for capital 
investment or maintenance and operational costs.
    There is an increase of 228 hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. This increase reflects EPA's updating of burden estimates for this 
collection. The

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increase can be attributed to two major changes; (1) an increase in the 
number of responses for the Request for Additional Allowance Report and 
Domestic Transfer of Allowances/Inter-pollutant Transfer Report and (2) 
an increase in the number of activities per year for the Petition to 
Import Used Substances. Data retrieved from the ODS Tracking System and 
EPA staff confirm the increase in these numbers of reports received by 
the agency over the last several years.
    In addition to reflecting this trend, the numbers for the Request 
for Additional Allowance Report and Domestic Transfer of Allowances/
Inter-pollutant Transfer Report were then adjusted to reflect an 
anticipated increase in allowance holders (i.e., new entrants into the 
allowance system), given EPA's soon-to-be released final rulemaking 
which will assign allowances to HCFC-123, HCFC-124, HCFC-225ca, and 
HCFC-225cb.
    For all other report types, the update to the burden analysis 
resulted in a decrease in the total hours per year.
    Overall, the increase to the number of respondents or number of 
activities per year for the three aforementioned reports resulted in an 
overall net increase of 228 hours in total annual respondent burden.

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: February 17, 2009.
Brian McLean,
Director, Office of Air and Radiation.
[FR Doc. E9-3910 Filed 2-23-09; 8:45 am]
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