[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11447-11449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4638]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2011-0085; FRL-9275-6]
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)
AGENCY: Environmental Protection Agency.
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,
2031.03, is scheduled to expire on October 31, 2011. 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 2, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0085 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-566-1741.
Mail: EPA-HQ-OAR-2011-0085, Environmental Protection
Agency, Mailcode: 6205J, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Hand Delivery: EPA-HQ-OAR-2011-0085, 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-
2011-0085. EPA's policy is that all comments 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: [email protected]. You may also
visit the Ozone Depletion website 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-2011-0085, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air and
Radiation Docket
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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. 2031.06, OMB Control No. 2060-0482.
ICR status: EPA ICR 2031.03 is currently scheduled to expire on
October 31, 2011. 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 2031.03 which allows EPA
to collect CUE applications from regulated entities on an annual basis,
and which requires the submission of data from regulated industries to
the EPA and requires recordkeeping of key documents to ensure
compliance with the Montreal Protocol on Substances that Deplete the
Ozone Layer (Protocol) and the CAA.
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
[[Page 11449]]
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 1.3
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: 52 applicants to the critical use exemption program at 1,976
hours per year; 4 producers and importers at a total of 188 hours per
year (quarterly reporting); 75 distributors and applicators at 975
hours per year (annual reporting); and 2,000 end users at 575 hours per
year (periodic certification of purchases of critical use methyl
bromide at the time of each purchase). The total industry burden is
therefore 3,714 hours per year.
The annual public application burden for this collection of
information is estimated to average 38 hours per response (1,976 hours
divided by 52 responses). The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.61
hours per response (1,738 hours divided by 2,846 responses). Overall,
the total annual public burden (application, reporting, and
recordkeeping) for this collection of information is estimated to
average 1.3 hours per response (3,714 hours divided by 2,898
responses).
The total annual labor cost burden associated with information
collection request is $843,845. EPA estimates the costs as follows:
Application costs totaling $199,299 per year, recordkeeping and
reporting costs totaling $582,769 per year, and self certification by
producers, importers, distributors, and end users costing $61,777 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 1,203 hours in the total estimated
respondent burden compared with that identified in the EPA ICR 2031.03
which is currently approved by OMB. The reasons for the decrease in
burden hours include a decrease in the number of applicants and a
similar decline in the number of end users. 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 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 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 22, 2011.
Drusilla Hufford,
Director, Stratospheric Protection Division.
[FR Doc. 2011-4638 Filed 3-1-11; 8:45 am]
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