National Refrigerant Recycling and Emissions Reduction Program (Final Rule)

Forms and Documents

Document Name	Status
Form 5900-404 National Refrigerant Recycling and Emission Reduction Program Form and Instruction	Modified
1626ss17.docx Supporting Statement A	2020-04-03

IC Document Collections

IC ID	Document Title	Status
24339	National Refrigerant Recycling and Emission Reduction Program Form and Instruction	Modified

ICR Details

OMB Control No: 2060-0256	ICR Reference No: 202002-2060-002
Status: Active	Previous ICR Reference No: 201612-2060-005
Agency/Subagency: EPA/OAR	Agency Tracking No: 1626.17
Title: National Refrigerant Recycling and Emissions Reduction Program (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/15/2020
	Date Received in OIRA: 04/14/2020
Terms of Clearance: In accordance with 5 CFR 1320, this collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	04/30/2020
Responses	14,583,089	0	20,054,738
Time Burden (Hours)	434,359	0	580,473
Cost Burden (Dollars)	0	0	0

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Abstract: Section 608 of the Clean Air Act (CAA), also known as the National Recycling and Emission Reduction Program (the Program), directs the Environmental Protection Agency (EPA) to issue regulations governing the use of ozone-depleting substances (ODS), including chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), during the maintenance, service, repair, or disposal of air-conditioning and refrigeration appliances. Section 608 also prohibits knowingly venting or releasing ozone-depleting and substitute refrigerants in the course of maintaining, servicing, repairing, or disposing of appliances or industrial process refrigeration except for de minimis releases associated with good faith attempts to recycle or recover refrigerants. The regulations require persons servicing refrigeration and air-conditioning appliances to follow certain service practices that reduce emissions of refrigerants. The regulations also establish certification programs for technicians, recovery/recycling equipment, and refrigerant reclamation. In addition, EPA requires that refrigerants contained in appliances be removed prior to disposal of the appliances and that all refrigeration and air-conditioning appliances be provided with a servicing aperture that facilitates recovery of the refrigerant. The Agency requires that substantial refrigerant leaks in appliances containing ozone-depleting refrigerant be repaired when they are discovered. Compliance with these regulations significantly reduces emissions of refrigerants, and therefore aids 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 regulations, EPA requires reporting and recordkeeping from: technician certification programs; equipment testing organizations; refrigerant wholesalers; refrigerant reclaimers; refrigeration and air-conditioning appliance owners/operators; technicians; and other establishments that perform refrigerant removal, service, or disposal. OMB previously approved this collection under ICR Number 1626.12 through December 31, 2017. Specific reporting and recordkeeping requirements were initially published May 14, 1993 (58 FR 28660) and codified at 40 CFR part 82, subpart F (§82.150 et seq.). In September 2016, EPA finalized a rule that updated the requirements under the Program and extended them to cover appliances containing hydrofluorocarbons (HFCs) and other non-exempt substitute refrigerants (81 FR 82272) (hereinafter referred to as the 2016 Rule). That rule contained new recordkeeping and reporting requirements and removed outdated recordkeeping and reporting requirements. EPA submitted that revised collection to OMB under the ICR Number 1626.15 and OMB accepted it for review on December 30, 2016. In 2020, EPA finalized a separate rule to revise the leak repair provisions so they apply only to equipment using refrigerant containing a class I or class II ODS substance . The 2020 rule removed the reporting and recordkeeping requirements for owners and operators of appliances containing 50 or more pounds of a non-exempt substitute refrigerant (e.g., HFCs) and technicians servicing such appliances. This rule does not affect the recordkeeping and reporting requirements finalized in the 2016 Rule that apply to appliances containing 50 or more pounds of an ODS refrigerant. There are no new records that must be maintained or reports that need be submitted under this rule. EPA has estimated that there are 573,731 annual respondents consisting of representatives from the air-conditioning and refrigeration community. The annual cost for respondents for the collection and maintenance of records, as well as reports to EPA, is estimated to total $24,625,892.

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Authorizing Statute(s): US Code: 42 USC 7671g Name of Law: Clean Air Act Section 608
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AT81	Final or interim final rulemaking	85 FR 14150	03/11/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
National Refrigerant Recycling and Emission Reduction Program	5900-404, 5900-405, 5900-407	Reclamation Report ,   Small Can Form ,   Technicial Certification

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	14,583,089	20,054,738	0	-5,471,649	0	0
Annual Time Burden (Hours)	434,359	580,473	0	-146,114	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: EPA has revised the leak repair provisions so they apply only to equipment using refrigerant containing a class I or class II substance. EPA has removed reporting and recordkeeping requirements for owners and operators of appliances containing 50 or more pounds of a non-exempt substitute refrigerant (e.g., HFCs) and technicians servicing such appliances.

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Annual Cost to Federal Government: $62,524

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 04/14/2020

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