83 FR 2775 - Proposed Information Collection Request; Comment Request; Recordkeeping and Reporting of the Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 13 (January 19, 2018)

The Environmental Protection Agency is planning to submit an information collection request (ICR), ``Recordkeeping and Reporting of the Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal)'' (EPA ICR No. 1432.32, OMB Control No. 2060-0170) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through August, 2018, combined with two other ICRs for ozone-depleting substances (ODS). 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.

[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Notices]
[Pages 2775-2777]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00938]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2017-0639; FRL-9973-12-OAR]


Proposed Information Collection Request; Comment Request; 
Recordkeeping and Reporting of the Production, Import, Export, 
Destruction, Transhipment, and Exempted Uses of Ozone-Depleting 
Substances (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Recordkeeping and Reporting of 
the Production, Import, Export, Destruction, Transhipment, and Exempted 
Uses of Ozone-Depleting Substances (Renewal)'' (EPA ICR No. 1432.32, 
OMB Control No. 2060-0170) to the Office of Management and Budget (OMB) 
for review and approval in accordance with the Paperwork Reduction Act. 
Before doing so, EPA is soliciting public comments on specific aspects 
of the proposed information collection as described below. This is a 
proposed extension of the ICR, which is currently approved through 
August, 2018, combined with two other ICRs for ozone-depleting 
substances (ODS). 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.

DATES: Comments must be submitted on or before March 20, 2018.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2017-0639 online using www.regulations.gov (our preferred method), or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Katherine Sleasman, Stratospheric 
Protection Division, (6205T), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-7716; fax number: (202) 564-4775; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
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,

[[Page 2776]]

e.g., permitting electronic submission of responses. 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. At that 
time, EPA will issue another Federal Register notice to announce the 
submission of the ICR to OMB and the opportunity to submit additional 
comments to OMB.
    Abstract: EPA is seeking to combine multiple ICRs into a single ICR 
for all the recordkeeping and reporting related to the production, 
import, export, transformation, destruction, transhipment, and exempted 
uses of all ODS, and this merged renewal will allow for the option of 
electronic reporting and improvements to the electronic forms under 
Title VI of the Clean Air Act (CAA). Thus, for this ICR, EPA is 
renewing the existing ICR for class I ODS (ICR No. 1432.32; OMB Control 
No. 2060-0170) and transferring the burden under the ICR for class II 
ODS (EPA ICR No. 2014.07; OMB Control No. 2060-0498 Reporting and 
Recordkeeping Requirements of the HCFC Allowance System (Renewal)) and 
Methyl Bromide Critical Use Exemptions (EPA ICR No. 2031.08; OMB 
Control No. 2060-0482 Protection of Stratospheric Ozone: Request for 
Applications from Critical use Exemption for the Phase-out of Methyl 
Bromide (Renewal)). Both 2060-0498 and 2060-0482 will be discontinued 
once this ICR is approved.
    This ICR covers the requirements under the Montreal Protocol on 
Substances that Deplete the Ozone Layer (Protocol) and Title VI of the 
CAA that establish limits on total U.S. production, import, and export 
of class I and class II controlled ODS (or controlled substances). 
Under its Protocol commitments, the United States has been obligated to 
cease production and import of class I controlled substances 
(chlorofluorocarbons and others) with exemptions for essential uses, 
critical uses of methyl bromide, quarantine and pre-shipment uses of 
methyl bromide, previously used material, and material that will be 
transformed or destroyed. The Protocol also establishes limits and 
reduction schedules leading to the eventual phaseout of class II 
controlled substances with limited exemptions for previously used 
material, and material that will be transformed, destroyed, or exported 
to developing countries.
    Additionally, the CAA limits production and consumption of 
controlled substances which the EPA must adhere to and enforce. To 
implement the CAA provisions and satisfy commitments under the Montreal 
Protocol, the ODS phaseout regulations establish control measures for 
individual companies. EPA monitors company compliance through the 
recordkeeping and reporting requirements established in the regulations 
at 40 CFR part 82, subpart A.
    EPA is also removing reporting elements that are no longer needed, 
revising others to address changes to a new electronic ODS Tracking 
System, and consolidating forms.
    The Government Paperwork Elimination Act (GPEA, Pub. L. 105-277) 
requires that, when practicable, federal organizations use electronic 
forms, electronic filings, and electronic signatures to conduct 
official business with the public. EPA's Cross-Media Electronic 
Reporting Regulation (CROMERR) (October 13, 2005; 70 FR 59848; FRL-
7977-1) provides that any requirement in Title 40 of the Code of 
Federal Regulations to submit a report directly to EPA can be satisfied 
with an electronic submission that meets certain conditions once the 
Agency publishes a notice that electronic document submission is 
available for that requirement.
    In light of GPEA and CROMERR, this action will allow all 
manufacturers, importers, and processors of class I and class II ODS to 
use the internet, through EPA's Central Data Exchange (CDX), to submit 
ODS reports to the Agency. Companies will be able to register with EPA 
to submit their data electronically to the Agency via CDX and the 
Agency in turn will be able to communicate back electronically with 
submitters through a secure system. This promotes efficiency in 
communications and cost savings in submissions and correspondence. The 
adoption of electronic communications will reduce the reporting burden 
on industry by reducing both the cost and the time required to review, 
edit and transmit data to the Agency. All information sent via CDX will 
be transmitted securely to protect CBI. The Agency will also benefit 
from receiving electronic submissions. The electronic submission 
process through CDX will allow for the import of data into the ODS 
Tracking System, which will reduce the potential for human error that 
exists when data are entered by hand. Agency personnel will also be 
able to communicate more efficiently with submitters electronically, 
compared to using U.S. mail.
    Upon receipt of the reports, the data is currently either entered 
or electronically imported into the ODS Tracking System. The ODS 
Tracking System is a secure database that maintains the data submitted 
to EPA and helps the Agency: (1) Maintain oversight over total 
production and consumption of controlled substances; (2) monitor 
compliance with limits and restrictions on production, imports, and 
trades and specific exemptions from the phaseout for individual U.S. 
companies; (3) enforce against illegal imports; and (4) assess and 
report on the U.S. phasedown caps established under the CAA and 
consistent with the Montreal Protocol.
    EPA has implemented an electronic reporting system through CDX that 
allows regulated entities to prepare and submit data electronically. 
Coupled with the widespread use of the standardized forms, electronic 
reporting has improved data quality and made the reporting process 
efficient for both reporting companies and EPA.
    EPA informs the respondents that they may assert claims of business 
confidentiality for any of the information they submit. Information 
claimed as 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 to the extent, and by 
means of 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). All information sent by the submitter via 
CDX is transmitted securely to protect CBI. The reporting tool guides 
the user through the process of submitting CBI. Documents containing 
information claimed as CBI must be submitted in an electronic format, 
in accordance with the recordkeeping requirements.
    Form Numbers: Class I Producer Quarterly Report OMB Control No. 
2060-0710, Class II Producer Quarterly Report OMB Control No. 2060-
0498, Methyl Bromide Producer Quarterly Report OMB Control No. 2060-
0482, Class I Importer Quarterly Report OMB Control No. 2060-0170, 
Class II Importer Quarterly Report OMB Control No. 2060-0498, Methyl 
bromide Importer Quarterly Report OMB Control No 2060-0482, Class I 
Exporter Annual Report OMB Control No. 2060-0170, Class II Exporter 
Quarterly Report OMB Control No. 2060-0498, Methyl Bromide Exporter 
Quarterly Report OMB Control No. 2060-0482, Second-Party Destruction 
Annual Report OMB Control No. 2060-0170, Second-Party Transformation 
Annual Report OMB Control No. 2060-0170, Class I Laboratory Supplier 
OMB Control No. 2060-0170, Methyl Bromide Pre-2005 Stocks Annual Report 
OMB Control No

[[Page 2777]]

2060-0482, Distributor of QPS Methyl Bromide Quarterly Report OMB 
Control No 2060-0482, Methyl Bromide Trades Report OMB Control No. 
2060-0482, Methyl Bromide Sales of Critical Use Annual Report OMB 
Control No 2060-0482, Class II Request for Additional Consumption 
Allowances OMB Control No. 2060-0498, and Class II Trades Report OMB 
Control No. 2060-0498.
    Respondents/Affected Entities: Entities required to comply with 
reporting and recordkeeping requirements include, chemical producers, 
importers, and exporters (CFCs and HCFCs); research and development 
(laboratories); and methyl bromide producers, importers, exporters, 
distributors, and applicators.
    Respondent's Obligation To Respond: Mandatory--Section 603(b) of 
the Clean Air Act.
    Estimated Number of Respondents: 106 (total).
    Frequency of Response: Quarterly, annually, and as needed.
    Total Estimated Burden: 3,811 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total Estimated Cost: $448,470 (per year), includes $13,082.00 
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 1,644 hours in the 
total estimated respondent burden compared with the ICRs currently 
approved by OMB. This decrease compared to previous ICRs is because the 
merged ICR accounts for the transition from paper to electronic 
reporting and the decrease in the number of respondents. The reporting 
community continues to change as ODS are phased out. Specifically, we 
estimate fewer companies reporting on imports and exports of ODS. These 
updates are based on 2015 reporting activity. While the one-time burden 
associated with the transition to electronic reporting (i.e., CDX 
registration and electronic signature) temporarily increases burden, 
overall burden decreases because of the efficiencies associated with 
electronic reporting.

    Dated: December 20, 2017.
Cynthia A. Newberg,
Acting Director, Stratospheric Protection Division.
[FR Doc. 2018-00938 Filed 1-18-18; 8:45 am]
 BILLING CODE 6560-50-P