The international treaty The Montreal
Protocol on Substances that Deplete the Ozone Layer (Protocol) and
Title VI of the Clean Air Act Amendments established limits on
total U.S. production, import, and export of class I and class II
controlled ozone depleting 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. Environmental
Protection Agency (EPA) is responsible for administering the
phaseout. 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. 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; enforce against illegal
imports; and assess, and report on, compliance with the U.S.
phasedown caps established under the Montreal Protocol.
The previously approved ICR
estimated a total annual respondent burden of 1,632 hours. By
comparison, this ICR estimates a total annual burden of 1,860
hours, which is an increase of 228 hours. Data on the number of
reports received by the agency over the last several years were
retrieved from the ODS Tracking System and EPA staff to identify
the annual respondent burden for each report type. For the majority
of the reports, the agency adjustments to the burden analysis
resulted in a decrease in the total hours per year. However, an
increase in the number of activities per year for the Petition to
Import Used Substances resulted in a significant increase in the
total hours per year. Adjustments also were made to the total
annual respondent burden estimate because of a program change.
Based on EPA's recently released rulemaking, which assigns
allowances to HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb, the
numbers for the Request for Additional Allowance Report and the
Domestic Transfer of Allowances/Inter-pollutant Transfer Report
were inflated to reflect an anticipated increase in allowance
holders (i.e., new entrants into the allowance system). As a
result, the change in the annual respondent burden resulted in an
overall net increase of 228 hours, 40% of which was caused by the
agency adjustments and 60% of which was caused by the anticipated
program change.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.