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.
2014.04 Rev_2nd party dest_Class II Reporting form_12 1 09
2014.04 2nd party trans_Class II Reporting form_12 1 09.doc
Reporting and Recordkeeping Requirements of the HCFC Allowance System (Renewal)