[Federal Register Volume 76, Number 230 (Wednesday, November 30, 2011)]
[Notices]
[Pages 74055-74057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30855]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0891; FRL-9498-3]


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)

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, 
1432.29, is scheduled to expire on April 30, 2012. 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 January 30, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0891 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 566-1741
     Mail: EPA-HQ-OAR-2011-0891, Environmental Protection 
Agency, Mailcode: 6205J, 1200 Pennsylvania Ave. NW., Washington, DC 
20460.
     Hand Delivery: EPA-HQ-OAR-2011-0891, 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-
2011-0891. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 email. The 
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 email comment 
directly to EPA without going through www.regulations.gov your email 
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: Staci Gatica, Stratospheric Protection 
Division, Office of Atmospheric Programs, (6205J), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW. Washington, DC 20460; 
telephone number: (202) 343-9469; fax number: (202) 343-2338; email 
address: [email protected]. You may also visit the Ozone Depletion 
Web site of EPA's Stratospheric Protection Division at 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-2011-0891, which is available for online viewing at 
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 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 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;

[[Page 74056]]

    (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 Class I ozone-depleting 
substances, including chlorofluorocarbons, halons, and quarantine and 
preshipment 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. 1432.30, OMB Control No. 2060-0170.
    ICR status: EPA ICR 1432.29 is currently scheduled to expire on 
April 30, 2012. 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 1432.29 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, 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, and 
distributors of Class I ozone-depleting substances (ODS) must meet 
quarterly, annual, and/or transactional recordkeeping and reporting 
requirements. 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. 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 Montreal 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
    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 to the extent, and by means of 
the procedures, set forth in Subpart B. 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).
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 2.3 
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

[[Page 74057]]

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 draft supporting statement available in the public docket 
provides a detailed explanation of the Agency's estimate, which is only 
briefly summarized here:
     Estimated total number of potential respondents: 1143.
     Frequency of response:

--Producers, importers, exporters of methyl bromide, 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 (of non-methyl bromide Class I substances), 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 transfer CFCs or who petition to import used Class 
I controlled substances 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 annual burden hours: 2583 hours.
     Estimated total annual costs: $277,130. This includes an 
estimated burden cost of $71,550 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 227 hours in the total estimated respondent 
burden compared with that identified in the EPA ICR 1432.29 which is 
currently approved by OMB. This decrease is due to the continued 
phaseout and decreased use of Class I controlled substances which 
subsequently reduces reporting obligations. For example, the exemption 
under the Montreal Protocol allowing for production and export of Class 
I controlled substances to developing countries for basic domestic 
needs expired in 2010. The burden and cost estimates for the Agency 
decreased due to revisions to the managerial review of reporting forms. 
Most reviews are done at the technical staff level. EPA also now offers 
electronic reporting via the Agency's central data exchange (CDX) to 
the regulated community which has contributed to the reduction in 
burden for both the Agency as well as the regulated community.

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: November 20, 2011.
Drusilla Hufford,
Director, Stratospheric Protection Division.
[FR Doc. 2011-30855 Filed 11-29-11; 8:45 am]
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