[Federal Register: March 10, 2008 (Volume 73, Number 47)]
[Notices]
[Page 12725-12728]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10mr08-50]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0153; FRL-8540-5]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Protection of Stratospheric Ozone: Critical Use
Exemption From the Phaseout of Methyl Bromide (Applications,
Recordkeeping, and Periodic Reporting) (Renewal); EPA ICR No. 2031.03,
OMB Control No. 2060-0482
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
2031.02, is scheduled to expire on August 31, 2008. In addition, EPA is
also planning to renew and transfer the burden from EPA ICRs 2179.02
and 2179.03 into this ICR. Those ICRs are scheduled to expire on August
31, 2008, and November 30, 2008, respectively. Thus, EPA seeks to
create a single comprehensive ICR for the methyl bromide CUE program.
Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.
DATES: Comments must be submitted on or before May 9, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0153 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: 202-566-1741.
Mail: EPA-HQ-OAR-2008-0153, Environmental Protection
Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Hand Delivery: EPA-HQ-OAR-2008-0153, Air and Radiation
Docket at EPA West, 1301 Constitution Avenue, NW., Room B108, Mail Code
6102T, Washington, DC 20460. Such deliveries are only accepted during
the Docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0153. EPA's policy is that all comments
[[Page 12726]]
received will be included in the public docket without change and may
be made available online at http://www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
http://www.regulations.gov or e-mail. The http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through http://www.regulations.gov your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at: http://www.epa.gov/
epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Jeremy Arling, Stratospheric
Protection Division, Office of Atmospheric Programs, (6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 343-9055; fax number:
(202) 343-2338; e-mail address: arling.jeremy@epa.gov. You may also
visit the Ozone Depletion Web site of EPA's Stratospheric Protection
Division at: http://www.epa.gov/ozone/strathome.html for further
information about EPA's Stratospheric Ozone Protection regulations, the
science of ozone layer depletion, and related topics.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0153, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for Air and Radiation Docket is
202-566-1742.
Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and clarity of the information
to be collected; and
(iv) minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
What Should I Consider When I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
What Information Collection Activity or ICR Does This Apply to?
Affected entities: Entities potentially affected by this action are
producers, importers, distributors, and custom applicators of methyl
bromide, organizations, consortia, and associations of methyl bromide
users, as well as individual methyl bromide users.
Title: Agency Information Collection Activities; Proposed
Collection; Comment Request; Protection of Stratospheric Ozone:
Critical Use Exemption from the Phaseout of Methyl Bromide
(Applications, Recordkeeping, and Periodic Reporting) (Renewal).
ICR numbers: EPA ICR No. 2031.03, OMB Control No. 2060-0482.
ICR status: EPA ICR 2031.02 is currently scheduled to expire on
August 31, 2008. In addition, EPA ICR 2179.02 and 2179.03 are scheduled
to expire on August 31, 2008, and November 30, 2008, respectively. An
Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: EPA is seeking to renew EPA ICR 2031.02 which allows EPA
to collect CUE applications from regulated entities on an annual basis.
EPA is also seeking to renew and transfer the burden from EPA ICR
2179.02 and 2179.03 which require the submission of data from regulated
industries to the EPA and require recordkeeping of key documents to
ensure compliance with the Montreal Protocol on Substances that Deplete
the Ozone Layer (Protocol) and the CAA.
[[Page 12727]]
Entities applying for this exemption are asked to submit to EPA
applications with necessary data to evaluate the need for a critical
use exemption. This information collection is conducted to meet U.S.
obligations under Article 2H of the Montreal Protocol on Substances
that Deplete the Ozone Layer (Protocol). The information collection
request is required to obtain a benefit under section 604(d)(6) of the
CAA, added by section 764 of the 1999 Omnibus Consolidated and
Emergency Supplemental Appropriations Act (Pub. L. 105-277; October 21,
1998).
Since 2002, entities have applied to EPA for a critical use
exemption that would allow for the continued production and import of
methyl bromide after the phaseout in January 2005. These exemptions are
for consumption only in those agricultural sectors that have
demonstrated that there are no technically or economically feasible
alternatives to methyl bromide. The applications are rigorously
assessed and analyzed by EPA staff, including experts from the Office
of Pesticide Programs. On an annual basis, EPA uses the data submitted
by end users to create a nomination of critical uses which the U.S.
Government submits to the Protocol's Ozone Secretariat for review by an
international panel of experts and advisory bodies. These advisory
bodies include the Methyl Bromide Technical Options Committee (MBTOC)
and the Technical and Economic Assessment Panel (TEAP). The uses
authorized internationally by the Parties to the Protocol are made
available in the U.S. on an annual basis.
The applications will enable EPA to:
1. Maintain consistency with the Protocol by supporting critical
use nominations to the Parties to the Protocol, in accordance with
paragraph 2 of Decision IX/6 of the Protocol;
2. Ensure that critical use exemptions comply with section
604(d)(6);
3. Provide EPA with necessary data to evaluate the technical and
economic feasibility of methyl bromide alternatives in the circumstance
of the specific use, as presented in an application for a critical use
exemption;
The reported data will enable EPA to:
1. Ensure that critical use exemptions comply with section
604(d)(6);
2. Maintain compliance with the Protocol requirements for annual
data submission on the production of ozone depleting substances;
3. Analyze technical use data to ensure that exemptions are used in
accordance with requirements included in the annual authorization
rulemakings.
EPA informs respondents that they may assert claims of business
confidentiality for any of the information they submit. Information
claimed confidential will be treated in accordance with the procedures
for handling information claimed as confidential under 40 CFR part 2,
Subpart b, and will be disclosed only if EPA determines that the
information is not entitled to confidential treatment. If no claim of
confidentiality is asserted when the information is received by EPA, it
may be made available to the public without further notice to the
respondents (40 CFR 2.203). Individual reporting data may be claimed as
sensitive and will be treated as confidential information in accordance
with procedures outlined in 40 CFR part 2.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.6
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
The annual application, reporting, and recordkeeping burden is as
follows: 75 applicants to the critical use exemption program at 2,925
hours per year; 4 producers and importers at a total of 80 hours per
year (quarterly reporting); 100 distributors and applicators at 1287.5
hours per year (annual reporting); and 2,000 end users at 625 hours per
year (periodic certification of purchases of critical use methyl
bromide at the time of each purchase). The total industry burden is
therefore 4917.5 hours per year.
The annual public application burden for this collection of
information is estimated to average 39 hours per response (2925 hours
divided by 75 responses). The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.64
hours per response (1992.5 hours divided by 3,098 responses). Overall,
the total annual public burden (application, reporting, and
recordkeeping) for this collection of information is estimated to
average 1.6 hours per response (4917.5 hours divided by 3,173
responses).
The total annual labor cost burden associated with information
collection request is $993,622. EPA estimates the costs as follows:
Application costs totaling $295,016 per year, recordkeeping and
reporting costs totaling $631,787 per year, and self certification by
producers, importers, distributors, and end users costing $66,820 per
year. EPA estimates the capital costs to be $0.
Are There Changes in the Estimates From the Last Approval?
There is a decrease of 82.5 hours in the total estimated respondent
burden compared with that identified in the EPA ICR 2031.02 which is
currently approved by OMB. This estimate for total burden hours
includes updated burden estimates from the recordkeeping and reporting
ICR (EPA ICR 2179.02 and 2179.03) as well as EPA ICR 2031.02.
The reason for the decrease in burden is that the Agency has six
years of experience managing the critical use exemption program which
has led to efficiency and greater accuracy in estimating future burden.
Over the last four years, EPA has received on average 65 applications
each year, rather than the 100 estimated in the previous ICR. EPA
continues to encourage users with similar circumstances to utilize
grower and user organizations to aid in completion of the application,
thereby reducing both the burden on applicants (particularly small
businesses) and the Agency. The registration of additional alternatives
since 2002 in the U.S. may also result in fewer applications received.
Furthermore, stakeholders are more familiar with the critical use
exemption program and have already organized associations to apply on
behalf of multiple growers. Other reasons for burden reduction include
the encouragement of electronic submission of applications and other
data and very frequent EPA communication with methyl bromide
stakeholders.
What Is the Next Step in the Process for This ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice
[[Page 12728]]
pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the
ICR to OMB and the opportunity to submit additional comments to OMB. If
you have any questions about this ICR or the approval process, please
contact the technical person listed under FOR FURTHER INFORMATION
CONTACT.
Dated: February 28, 2008.
Drusilla Hufford,
Director, Stratospheric Protection Division.
[FR Doc. E8-4697 Filed 3-7-08; 8:45 am]
BILLING CODE 6560-50-P