Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Proposed Rule)

Forms and Documents

Document Name	Status
Form 5900-136 Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal) Form	Modified
1432ss35.docx Supporting Statement A	2020-03-17

IC Document Collections

IC ID	Document Title	Status
24264	Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal) Form	Modified

ICR Details

OMB Control No: 2060-0170	ICR Reference No: 202003-2060-009
Status: Historical Inactive	Previous ICR Reference No: 201807-2060-001
Agency/Subagency: EPA/OAR	Agency Tracking No: 1432.35
Title: Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 04/14/2020
	Date Received in OIRA: 03/17/2020
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2021	36 Months From Approved	09/30/2021
Responses	2,929	0	2,929
Time Burden (Hours)	3,763	0	3,763
Cost Burden (Dollars)	13,082	0	13,082

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Abstract: This ICR covers provisions under the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) and Title VI of the CAA that establish limits on total U.S. production, import, and export of class I and class II ODS (or controlled substances). Production and import of class I controlled substances (chlorofluorocarbons and others) was phased out in the United States. The phaseout excludes 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. There are also use restrictions and reduction schedules leading to the eventual phaseout of class II controlled substances, with exemptions for previously used material and material that will be transformed or destroyed. To implement the CAA and meet commitments under the Montreal Protocol, the ozone-depleting substances (ODS) phaseout regulations establish control measures for individual companies. The EPA monitors compliance through the recordkeeping and reporting requirements established in the regulations at 40 CFR part 82, Subpart A. The EPA is requiring electronic reporting, removing reporting elements that are no longer needed, and revising others to address changes to the upgraded electronic ODS Tracking System (ODSTS). The EPA is also closing a gap in the certification for the purchase of methyl bromide under the quarantine and preshipment exemption. This ICR is also associated with amendments to the previously existing recordkeeping and reporting requirements governing the petition to import used controlled substances for reuse or destruction in the United States. Persons that import controlled substances for destruction in the United States and persons that destroy controlled substances in the United States are required to abide by the recordkeeping and reporting requirements. In this final action, the EPA also modified the petition process to import used ODS to explicitly note that the Agency may need to follow up for additional information to verify that the ODS is in fact used. Therefore, this rule-related ICR covers reporting requirements related to the production, import, export, transformation, destruction, transshipment, and exempted uses of all ODS, and incorporates final requirements for electronic reporting for class I and class II substances.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU26	Proposed rulemaking	84 FR 41510	08/14/2019

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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
Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal)	5900-199, 5900-151, 5900-149, 5900-200, 5900-144, 5900-150, 5900-147, 5900-148, 5900-139, 5900-138, 5900-146, 5900-154, 5900-202, 5900-153, 5900-141, 5900-205, 5900-142, 5900-136, 5900-137, 5900-201, 5900-140, 5900-155, 5900-152	Application for Critical Use Exemption Methyl Bromide ,   Application for Critical Use Exemption of Methyl Bromide ,   Certification of Purchase of CUE Use Methyl Bromide ,   Sales of Critical Use Methyl Bromide to End Users ,   Notification of Methyl Bromide Transfers ,   QPS Certification ,   Lab Use Certification ,   Class I Importer Quarterly Report ,   Class I Producer Quarterly Report ,   Class I Exporter Annual Report ,   Class II Producer Quarterly Report ,   Class II Importer Quarterly Report ,   Class II Exporter Quarterly Report ,   Class I Lab Supplier Quarterly Report ,   Class II Trades ,   Class II Request for Additional Consumption Allowance ,   Methyl Bromide Producer Quarterly Report ,   Methyl Bromide Importer Quarterly Report ,   Methyl Bromide Exporter Quarterly Report ,   Methyl Bromide Distributor of QPS Quarterly Report ,   Methyl Bromide Pre-2005 Stocks Annual Report ,   Second-Party Transformation Annual Report ,   Second-Party Destruction Annual Report

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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: The estimated burden hours and labor costs have decreased compared to currently approved ICR. This is because the rule-related ICR accounts for the transition from paper to electronic reporting. Even accounting for the one-time burden associated with the transition to electronic reporting (i.e., CDX registration and CDX electronic signature), the electronic reporting results in overall burden reduction for respondents. 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.

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Annual Cost to Federal Government: $220,043

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.     No

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: 03/17/2020

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