[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77864-77866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31334]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-1016; FRL-9238-7]


Agency Information Collection Activities; Proposed Collection; 
Comment Response; National Refrigerant Recycling and Emission Reduction 
Program; EPA ICR No. 1626.11, OMB Control No. 2060-0256

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (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 April 30, 2011. 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 February 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-1016.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-1016. 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: Julius Banks; Stratospheric Protection 
Division, Office of Air and Radiation, Office of Atmospheric Programs; 
Mail Code 6205J; Environmental Protection Agency; 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (202) 343-9870; fax 
number: (202) 343-2338; e-mail 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-2010-1016, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Office of Air 
and Radiation Docket and Information Center 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 the 
Office of Air and Radiation Docket and Information Center 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.

[[Page 77865]]

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 
those that recover, recycle, reclaim, sell, or distribute in interstate 
commerce ozone-depleting refrigerants that contain chlorofluorocarbons 
(CFCs) or hydrochlorofluorocarbons (HCFCs); and those that service, 
maintain, repair, or dispose of appliances containing CFC or HCFC 
refrigerants. In addition, the owners or operators of appliances 
containing more than 50 pounds of CFC or HCFC refrigerants are 
regulated.
    ICR numbers: EPA ICR No. 1626.11, OMB Control No. 2060-0256.
    ICR status: This ICR is currently scheduled to expire on April 30, 
2011. 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 has developed regulations under the Clean Air Act 
Amendments of 1990 (the Act) establishing standards and requirements 
regarding the use and disposal of class I and class II ozone-depleting 
substances used as refrigerants during the service, maintenance, 
repair, or disposal of refrigeration and air-conditioning equipment. 
Section 608(c) of the Act states that effective July 1, 1992 it is 
unlawful for any person in the course of maintaining, servicing, 
repairing, or disposing of refrigeration or air-conditioning equipment 
to knowingly vent or otherwise knowingly release or dispose of any 
class I or class II substance used as a refrigerant in the equipment in 
a manner which permits the substance to enter the environment.
    In 1993, EPA promulgated regulations under section 608 of the Act 
for the recycling of ozone-depleting refrigerants recovered during the 
servicing and disposal of air-conditioning and refrigeration equipment. 
These regulations were published on May 14, 1993 (58 FR 28660) and 
codified in 40 CFR subpart F (Sec.  82.150 et seq.).
    The regulations require persons servicing refrigeration and air-
conditioning equipment to observe certain service practices that reduce 
emissions of ozone depleting refrigerants. The regulations also 
establish certification programs for technicians, recycling and 
recovery equipment, and off-site refrigerant reclaimers. In addition, 
EPA requires that ozone depleting refrigerants contained ``in bulk'' in 
appliances be removed prior to disposal of the appliances and that all 
refrigeration and air-conditioning equipment, except for small 
appliances and room air conditioners, be provided with a servicing 
aperture that facilitates recovery of the refrigerant. Moreover, the 
Agency requires that substantial refrigerant leaks in equipment be 
repaired when they are discovered. These regulations significantly 
reduce emissions of ozone depleting refrigerants, and therefore aid 
U.S. and global efforts to minimize damage to the ozone layer and the 
environment as a whole.
    To facilitate compliance with and enforcement of section 608 
requirements, EPA requires reporting and recordkeeping requirements of 
technicians; technician certification programs; equipment testing 
organizations; refrigerant wholesalers and purchasers; refrigerant 
reclaimers; refrigeration and air-conditioning equipment owners; and 
other establishments that perform refrigerant removal, service, or 
disposal. The recordkeeping requirements and periodic submission of 
reports, to EPA's Office of Air and Radiation, Office of Atmospheric 
Programs, occur on an annual, biannual, one time, or occasional basis 
depending on the nature of the reporting entity and the length of time 
that the entity has been in service. Specific reporting and 
recordkeeping requirements were published in 58 FR 28660 and codified 
under 40 CFR part 82, subpart F (i.e., Sec.  82.166). These reporting 
and recordkeeping requirements also allow EPA to evaluate the 
effectiveness of the refrigerant regulations, and help the Agency 
determine if we are meeting the obligations of the Unites States, under 
the 1987 Montreal Protocol, to reduce use and emissions of ozone-
depleting substances to the lowest achievable level.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 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

[[Page 77866]]

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 annual public reporting and recordkeeping burden for this 
collection of information is estimated to average: 8 hours for the 2 
EPA-approved refrigerant recovery/recycling equipment testing 
organizations; 2,250 hours for an estimated 2,250 owners of refrigerant 
recovery/recycling equipment (including air-conditioning and 
refrigeration service establishments) that will change ownership or 
enter the market; 375 hours for an estimated 375 appliance disposal 
establishments that change ownership or enter the market; 97,500 hours 
for the maintenance of copies of signed statements by an estimated 
7,500 disposal establishments; 20 hours for certification of an 
estimated 4 refrigerant reclaimers that change ownership or enter the 
market; 245 hours for refrigerant reclaimer annual reporting from an 
estimated 49 respondents; 306 hours for refrigerant reclaimer 
transactional recordkeeping from an estimated 49 respondents; 2,250,000 
hours for an estimated 10,000 refrigerant wholesalers to maintain 
records of refrigerant sales transactions; 25 hours for an estimated 5 
technician certification programs applying for first-time approval; 455 
hours for an estimated 91 technician certification programs to maintain 
records; 182 hours for an estimated 91 technician certification 
programs to submit biannual reports on their pass/fail rates and the 
next year's testing schedule; 5,010 hours for an estimated 30,000 
technicians acquiring certification for the first time; 5,010 hours for 
an estimated 300,000 previously certified technicians to maintain their 
certification cards; 512 hours for an estimated 20,500 technicians 
servicing appliances with charge sizes greater than 50 pounds of 
refrigerant to provide service invoices to their customers; 512 hours 
for an estimated 20,500 owners/operators of appliances with charge 
sizes greater than 50 pounds of refrigerant to maintain service 
invoices; 10 hours for an estimated 20 owners of industrial process 
refrigeration equipment (appliances) who request a 30-day extension to 
the 30-day leak repair requirement or the retrofit requirement; 0.5 
hours (30 minutes) for an estimated 1 owner of industrial process 
refrigeration equipment (appliances) who requests an extension to the 
1-year timeframe to implement retrofit/retirement plans; 0.05 hours (3 
minutes) for an estimated 2 owners of industrial process refrigeration 
appliances who maintain information on purged/destroyed refrigerant 
that they wish to exclude from their leak rate calculations; 40,000 
hours for an estimated 5,000 owners/operators of appliances with 
refrigerant charges greater than 50 pounds to create and maintain a 
plan to retire/replace or retrofit comfort cooling, commercial 
refrigeration, and industrial process refrigeration appliances; 2,501 
hours for an estimated 100,025 owners/operators of industrial process 
refrigeration appliances with refrigerant charge sizes greater than 50 
pounds to maintain records on the results of initial and follow-up 
verification tests and 5,000 hours for an estimated 200,000 appliance 
owners/operators who choose to determine the appliance's full charge 
using a range of possible values.
    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; 
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: 663,669.
    Frequency of response: Reporting requirements under this rulemaking 
are primarily required on an annual basis, with the exception of 
technician testing organizations that are required to rep ort 
biannually. The frequency of recordkeeping requirements under this 
rulemaking vary depending upon the actions of the respondent but are 
generally required on a transactional basis.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 2,404,913 hours.
    Estimated total annual costs: $96,364,851. This includes an 
estimated burden cost of $96,364,851 and an estimated cost of $0 for 
capital investment costs.

Are there changes in the estimates from the last approval?

    There is no increase of hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. This is due to the fact that there have been no changes in any 
program requirement, no changes in EPA's estimates of the time required 
to submit reports and maintain records, and no changes in EPA's 
estimates of the overall number of respondents. However, due to a 
correction of miscalculated estimates in the ICR currently approved by 
OMB, there is a change in the estimated total number of potential 
respondents from that identified in the ICR currently approved by OMB. 
There is also an increase of $8,345,044 in the estimated total annual 
cost as a result of changes in EPA's estimates of labor rates.

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: December 8, 2010.
Brian J. McLean,
Office of Atmospheric Program, Office of Air and Radiation.
[FR Doc. 2010-31334 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P