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

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 5900-137 Reporting for the Production, Import, Export, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances	Form and Instruction	Modified	Available
1432ss36.docx	Supporting Statement A	Uploaded 2020-04-17	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
24264	Reporting for the Production, Import, Export, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances	Form and Instruction	Modified

ICR Details

OMB Control No: 2060-0170	ICR Reference No: 202004-2060-006
Status: Active	Previous ICR Reference No: 202003-2060-009
Agency/Subagency: EPA/OAR	Agency Tracking No: 1432.36
Title: Production, Import, Export, Recycling, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances (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 without change	Conclusion Date: 04/23/2020
	Date Received in OIRA: 04/21/2020
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	09/30/2021
Responses	1,903	0	2,929
Time Burden (Hours)	2,939	0	3,763
Cost Burden (Dollars)	7,400	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.

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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	Final or interim final rulemaking	85 FR 15258	03/17/2020

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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

table that charts list of burden

IC Title	Form No.	Form Name
Reporting for the Production, Import, Export, Destruction, Transhipment, and Feedstock Use of Ozone-Depleting Substances	5900-137, 5900-136, 5900-149, 5900-150, 5900-153, 5900-151, 5900-199, 5900-202, 5900-200, 5900-201, 5900-205, 5900-155, 5900-140, 5900-144, 5900-142, 5900-141, 5900-148, 5900-147, 5900-473, 5900-138, 5900-139, 5900-152, 5900-472, 5900-154, 5900-146	Application for Critical Use Exemption of Methyl Bromide for Post Harvest Use in the United States ,   Application for Critical Use Exemption of Methyl Bromide for Pre-Plant Use in the United States ,   Class 1 Exporter Annual Report ,   Class 1 Importer Quarterly Report ,   Class 1 Lab Supplier Quarterly Report ,   Class 1 Producer Quarterly Report ,   Class 2 Exporter Quarterly Report ,   Class 2 Importer Quarterly Report ,   Class 2 Producer Quarterly Report ,   Request for Additional Class 2 Consumption Allowances ,   Class 2 Trades Report ,   Distributor of QPS Methyl Bromide Quarterly Report ,   Methyl Bromide Exporter Quarterly Report ,   Methyl Bromide Importer Quarterly Report ,   Methyl Bromide Pre-2005 Stocks Annual Report ,   Methyl Bromide Producer Quarterly Report ,   Second Party Destruction Annual Report ,   Second Party Transformation Annual Report ,   Sales of Critical Use Methyl Bromide to End Users Annual Report ,   ODS Imports for Destruction CDX Reporting Form ,   Laboratory Certification Report ,   Certification of Purchase of Critical Use Methyl Bromide ,   Certification of Order/Purchase of QPS Methyl Bromide ,   ODS Petition to Import CDX Reporting Form ,   Notification of Transfers

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ICR Summary of Burden

table that charts list 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	1,903	2,929	0	-1,026	0	0
Annual Time Burden (Hours)	2,939	3,763	0	-824	0	0
Annual Cost Burden (Dollars)	7,400	13,082	0	-5,682	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: This ICR requires the use of electronic reporting for certain reporting forms. In addition to the quantifiable cost savings, the EPA believes that this rule results in other benefits. For example, electronic reporting allows for faster review and transmission of submissions to the EPA. For reports containing CBI, electronic reporting also improves security and transmission of CBI data to the EPA. Additionally, all information submitted electronically is linked to the ODSTS, which facilitates document management efforts. This allows companies to manage past and future submissions easier. Even accounting for the one-time burden associated with the transition to electronic reporting (i.e., CDX registration), the electronic reporting results in overall burden reduction for respondents. Similarly, the estimated Agency burden hours and labor costs have also decreased even when the annual CDX O&M costs are taken into account. For the production, import, and export of HCFCs, there was a decrease in the total estimated respondent burden compared with the burden currently approved by OMB. The reason for the decrease in burden hours is the prohibition of production and import of HCFC-22 and HCFC-142b by 2020, and the prohibition of exports of HCFCs to Article 5 countries as per 40 CFR 82.16 to phase out HCFCs in a stepwise reduction consistent with the CAA. The EPA estimates there to be a 27 percent decrease in respondent activities for imports, exports, trades, and requests for additional consumption allowances as a result of these prohibitions in 2020. For methyl bromide critical users, there was a decrease in the total estimated respondent burden hours compared with the burden currently approved by OMB primarily due to a decrease in the number of applicants, end users, and distributors of methyl bromide since the last ICR for CUE. For the petitions process and for the new certification to import for destruction there was a decrease in the total estimated respondent burden. This reduction is a result of the reduction in reporting requirements for imports for destruction relative to the petition process. Specifically, the number of reporting elements for importers for destruction has been reduced from 13 to 8. The EPA assumes this will result in a reduction in burden hours per response. In addition, the EPA assumes that the number of responses per respondent will decrease by one as a result of the exemption of halon 1211 used in aircraft bottles from the petition process. Similarly, the estimated Agency burden hours and labor costs have also decreased as a result of the reduction in reporting requirements for petitions.

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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: 04/21/2020

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