Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (Proposed Rule)
Revision of a currently approved collection
No
Regular
Comment filed on proposed rule and continue
04/14/2020
03/17/2020
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.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
09/30/2021
36 Months From Approved
09/30/2021
2,929
0
2,929
3,763
0
3,763
13,082
0
13,082
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.
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.
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.
Production, Import, Export, Destruction, Transhipment, and Exempted Uses of Ozone-Depleting Substances (Renewal)