[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77864-77866]
[FR Doc No: 2010-31334]

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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.

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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:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
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<PHONE_NUMBER>, 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.

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

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]
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