Agency Information Collection Activities under OMB Review

Federal RegisterDec 7, 1995

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5341-4]

Agency Information Collection Activities under OMB Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that the Information Collection Request

(ICR) abstracted below has been forwarded to the Office of Management

and Budget (OMB) for review and comment. The ICR describes the nature

of the information collection collection and its expected cost and

burden; where appropriate, it includes the actual data collection

instrument. Pursuant to new requirements under the Paperwork Reduction

Act, a notice was published in the Federal Register on August 29, 1995

announcing the renewal of this ICR and requesting comment on the

renewal.

DATES: Comments must be submitted on or before January 8, 1996.

FOR FURTHER INFORMATION OR A COPY CALL:

Sandy Farmer at EPA, (202) 260-2740, and refer to EPA ICR No. 1617.02.

SUPPLEMENTARY INFORMATION:

Title: Surviving of Motor Vehicle Air Conditioners.

OMB Control No: 2060-0247.

EPA ICER No: 1617.02.

This is a request for an extension of a currently approved

collection. Within the next few months, EPA intends to propose and

finalize an amendment to the regulations implementing section 609. This

amendment will, pursuant to a statutory mandate, establish standards

for the recycling of any refrigerant in a motor vehicle air conditioner

that substitutes for a class I or class II(ie., CFC or HCFC)

refrigerant. This amendment will not affect the current recordkeeping

or reporting requirements under section 609.

Abstract: In 1992, EPA developed regulations under Section 609 of

the Clean Air Act Amendment of 1990 (Act) for the recycling of CFC's in

motor vehicle air conditioners. These regulations were published in 57

FR 31240, and are codified at 40 CFR Subpart B (Sec. 82.30 et seq.).

The reasons the information is being collected, the way the information

is to be used, and whether the requirements are mandatory, voluntary,

or required to obtain a benefit, are described below. The ICR renewal

will not include any burden for third-party or public disclosures not

previously reviewed and approved by OMB.

Technician training and certification. According to Section

609(b)(4) of the Act, automotive technicians are required to be

certified in the proper use of recycling equipment for servicing motor

vehicle air conditioners. Certification programs must meet EPA

standards. The Stratospheric Protection Division requires that

certification programs send their training and testing materials to EPA

for approval. The information requested is used by the Stratospheric

Protection Division to guarantee a degree of uniformity in the testing

programs for motor vehicle service technicians in addition to proper

and valid certification.

Approved independent standards testing organizations. In addition,

Section 609(b) (2)(A) of the Act requires independent laboratory

testing of recycling equipment to be certified by EPA. The

Stratospheric Protection Division requires independent laboratories to

submit an application that proves their general capacity to certify

equipment to meet the Society of Automotive Engineers (SAE) J standards

for recycled refrigerant. The information requested is used by the

Stratospheric Protection division to approve independent laboratories

that can assure and industry accepted standard of quality in recycling

and recovery equipment.

Substantially identical equipment. Section 609(b)(2)(B) of the Act

allows equipment that was purchased before the proposal of the

regulations to be approved by EPA if it is substantially identical to

equipment that has been certified by an EPA approved independent

laboratory. This measure is designed to incorporate or ``grandfather''

older equipment that has not been submitted to an independent

laboratory for testing. The equipment manufacturer or owners may submit

the following to the Stratospheric Protection Division: an application

and supporting documents that includes process flow sheets, a list of

equipment components and any other information that would indicate that

the equipment is capable of recovering and/or cleaning the refrigerant

to standards set forth in the appropriate appendix to the regulations.

The information provided allows EPA to determine if the equipment is

substantially identical to certified equipment.

Certification, reporting and recordkeeping. To facilitate

enforcement under Section 609, EPA has developed several recordkeeping

requirements. The information is used by the Stratospheric Protection

Division to verify compliance with Section 609 of the Act. First, an

establishment that owns recover-only equipment must maintain records of

the name and address of the facility that is reclaiming its

refrigerant. Second, any person who owns approved refrigerant recovery

or recycling equipment must retain records demonstrating that all

persons authorized to operate the equipment are currently certified

technicians. Last, any person who sells or distributes refrigerant that

is in a container of less than 20 pounds must verify that the purchaser

is a certified technician, unless the purchase of small containers is

for resale only. In that case, the seller must obtain a written

statement from the purchaser that the containers are for resale only

and must indicate the purchaser's name and business address.

In addition, section 609(d)(3)-(4) of the Act requires that by

January 1, 1992, all entities that service motor vehicle air containers

for consideration must have acquired approved refrigerant recycling

equipment. The establishment must have submitted to the Administrator

on a one-time basis a certificate that provides the following

information: the name of the equipment owner, the address of the

service establishment where the equipment will be used, and the make,

model, year, and serial number of the equipment. Note that this

reporting requirement is contained in the statute itself and was not

developed by EPA.

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 are listed in 40 CFR Part 9. The Federal Register Notice

with a 60-day comment period soliciting comments on this collection of

information was published on August 29, 1995.

Burden Statement: The annual public reporting and recordkeeping

burden for this collection of information is estimated to average .13

hours per response. This estimate 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; train personnel to

be able to respond to a collection of information; search data sources;

complete and review the collection of

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information; and transmit or otherwise disclose the information.

Affected entities: Entities affected by this action are new and

used motor vehicle dealers, gasoline service stations, truck rental and

leasing facilities without drivers, passenger car rental facilities,

top, body, upholstery repair and paint shops, general automotive repair

shops, and automotive repair shops not elsewhere classified. Clean Air

Act Section 609 automotive air-conditioning technician certification

programs, and approved independent standards testing organizations,

will also be affected.

Estimated No. of Respondents: 16,039.

Estimated Total Annual Burden on Respondents: 8,923 hours.

Frequency of Collection: Most requirements require collection on a

one-time only basis.

This renewal shows a significant reduction in burden from the

original information collection request. This reduction is due

primarily to revisions in the estimates of the number of service

facilities that must complete certifications for the equipment they

have purchased. EPA estimates that over 250,000 pieces of equipment

have been purchased in the United States. As a result, the Agency

estimates that no more than 10,000 existing facilities, plus 4,000 new

facilities, will need to complete the certification forms in any year.

In addition, the reduction in burden hours from the original ICR is due

in part to a revision in the estimate of the time it takes for a

service facility manager to fill out the certification form. EPA

believes that the original estimate of one half-hour was inaccurate.

This time was halved, from one half-hour to one quarter-hour. Certain

other changes to the ICR have been made in order to reflect the current

size of the sectors affected by the ICR. For example, there are now

approximately 25 organizations that certify automotive service

technicians to work with recover/recycle equipment. This revised number

of organizations is reflected in the cost and burden hour totals.

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondent burden, including through the use of

automated collection techniques, to the following addresses. Please

refer to EPA ICR No. 1617.02 and OMB Control No. 2060-0247 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory

Information Division (2136), 401 M Street, SW., Washington DC 20460

and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attention: Desk Officer for EPA, 725 17th Street, NW.,

Washington, DC 20503.

Dated: November 28, 1995.

Joseph Retzer,

Director, Information Division.

[FR Doc. 95-29840 Filed 12-6-95; 8:45 am]

BILLING CODE 6560-50-M

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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