Agency Information Collection Activities Under OMB Review

ENVIRONMENTAL PROTECTION AGENCY

Agency Information Collection Activities Under OMB Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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 and its expected cost and burden; where

appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before June 17, 1996.

FOR FURTHER INFORMATION OR A COPY CALL: Sandy Farmer at EPA, 202-260-

2740, and refer to EPA ICR No. 1626.03.

SUPPLEMENTARY INFORMATION:

Title: ``National Recycling and Emissions Reduction Program'' (OMB

Control Number 2060-0256; EPA Control Number 1626.05). This is a

request for an extension of a currently approved collection.

Abstract: In 1993, EPA promulgated regulations under Section 608 of

the Clean Air Act Amendments of 1990 (Act) for the recycling of CFCs

and HCFCs in air-conditioning and refrigeration equipment. These

regulations were published in 58 FR 28660, and are codified at 40 CFR

Part 82, subpart F (Sec. 82.150 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 does not include any

burden for third-party or public disclosures not previously reviewed

and approved by OMB. 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 February 13, 1996.

Equipment Testing Organizations

Equipment testing organizations must apply to EPA to become

approved. Approved equipment testing organizations must maintain

records of the tests performed and their results, and must submit a

list of all certified equipment to EPA annually. Testing organizations

must notify EPA whenever a new model of equipment is certified or

whenever an existing certified model fails a recertification test.

Information collected from equipment certifiers is required to ensure

that recycling and recovery equipment meets the performance standards

of the regulation and that all approved testing laboratories have the

equipment and expertise to test equipment to these standards.

Servicing and Disposal Establishments

Persons maintaining, servicing, repairing, or disposing of

appliances must certify to EPA that they have acquired certified

recycling or recovery equipment and are complying with the requirements

of the rule. This certification must be renewed in the event of a

change of ownership of the service or disposal establishment. In

addition, service establishments are required to maintain adequate

documentation of technician certification. These requirements help the

Agency to target its enforcement efforts.

Reclaimers

Refrigerant reclaimers must maintain records of the names and

addresses of persons sending them material for reclamation as well as

the quantity of the material (the combined mass of refrigerant and

contaminants) sent. In addition, reclaimers must maintain records of

the mass of refrigerant reclaimed and the mass of waste products.

Reclaimers must report this information (total quantities) to the

Agency annually. This information helps the Agency track refrigerant

use to ensure that no refrigerant is vented at service or disposal.

Refrigerant Wholesalers

Wholesalers must maintain records indicating the names of

purchasers, dates of sales, and quantities of refrigerant purchased.

This information helps the Agency to track refrigerant use and identify

points of noncompliance. The Agency believes that wholesalers already

maintain such records. In addition to normal business records,

wholesalers have to maintain records verifying that purchasers of

refrigerant are properly certified. These records will be used by EPA

inspectors to ensure that refrigerants are only sold to certified

technicians. This is to guarantee that individuals who purchase

refrigerant are aware of the legal restrictions on its use.

Disposers

Persons disposing of small appliances, room air conditioners, and

MVACs must maintain copies of signed statements attesting that the

refrigerant has been removed prior to final disposal of each appliance.

This information helps EPA to verify that refrigerant is recovered at

some point during the disposal process even if the final disposer does

not have recovery equipment.

[[Page 24932]]

Technicians

In order for technicians to use recycling and recovery equipment,

they have to pass a certification test. Technicians have to maintain a

wallet-sized certification card. The test is necessary to ensure that

technicians understand refrigerant recovery procedures and regulations.

The card is necessary to ensure that only certified technicians perform

work on air conditioning and refrigeration equipment or purchase

refrigerants.

Technician Certification Programs

Organizations operating technician certification programs have to

apply to EPA to have their program approved. Approved technician

certification programs have to maintain records including the names of

certified technicians and the unique numbers assigned to each

technician certified through their programs. Approved technician

certification programs also have to submit a report to EPA every six

months including the pass/fail rate and testing schedules.

The application process ensures that the technician certification

programs meet minimum standards for generating, tracking, and grading

tests, and keeping records. Record maintenance allows both the Agency

and the certification program to verify certification claims and

monitor the certification process. The semiannual reports give the

Agency the ability to evaluate certification programs and modify the

certification test if necessary.

Refrigeration and Air Conditioning Equipment Owners

Owners of refrigeration or air conditioning equipment that contain

more than 50 pounds of refrigerant must maintain records of the

quantity of refrigerant used during each service procedure performed

for the equipment. This ensures that owners can determine when they are

subject to leak repair requirements. In addition, equipment owners who

decided not to repair leaks must develop and maintain a record of a

plan that states that the equipment will be either retired, replaced or

retrofitted. The development of such a plan ensures that equipment

owners intend to take action to reduce emissions.

Owners of Industrial Process Refrigeration

Under an amendment to the section 608 rule that was promulgated on

August 8, 1995 (60 FR 40420), owners of industrial process

refrigeration equipment who wish to receive an extension or exclusion

under the leak repair amendment are subject to the following reporting

and recordkeeping requirements. (The Office of Management and Budget

approved the amendment to the ICR reflecting this amendment on

September 28, 1995.)

(1) Those persons wishing to extend leak repair compliance beyond

the required 30 days must maintain and submit to EPA information

identifying the facility, the leak rate, the method used to determine

the leak rate and full charge, the date a leak rate greater than

allowable was discovered, the location of the leaks, any repair work

completed thus far and date completed, a plan to fix other outstanding

leaks to achieve allowable leak rate, reasons why greater than 30 days

is needed, and an estimate of when repair work will be completed. Any

dates and results of static and dynamic tests must also be maintained

and submitted to EPA.

(2) Those persons wishing to extend retrofit compliance beyond the

required one year must maintain and submit to EPA information

identifying the facility, the leak rate, the method used to determine

the leak rate and full charge, the date a leak rate of greater than the

allowable rate was discovered, the location of leaks, any repair work

that has been completed thus far and date completed, a plan to complete

the retrofit or replacement of the system, the reasons why more than

one year is necessary, the date of notification to EPA, an estimate of

when retrofit or replacement work will be completed, if time changes

for original estimates occur, documentation of the reason why, and the

date of notification to EPA regarding a change in the estimate of when

the work will be completed.

(3) Those persons wishing to exclude purged refrigerants that are

destroyed from the annual leak rate calculations must maintain records

on-site to support the amount of refrigerant claimed sent for

destruction. These records must include flow rate, quantity or

concentration of the refrigerant in the vent stream, and periods of

purge flow.

(4) Those persons wishing to calculate the full charge of an

affected appliance by establishing a range based on the best available

data, regarding the normal operating characteristics and conditions for

the appliance, must maintain records on-site to support the methodology

used in selecting or modifying the particular range.

The sum of these changes represents an increase in reporting

requirements only for those persons wishing to receive an extension or

exclusion under the leak repair amendment.

These reporting and recordkeeping requirements allow determinations

to be made regarding requested extensions and exclusions under the

amendments to the leak repair provisions, which were written in

response to industry concerns and with the concurrence of industry.

Specifically, the amendments allow for persons to extend their

compliance deadlines, to exclude destroyed purged refrigerants from

leak rate calculations, or to use a range rather than calculate the

full charge, when certain circumstances exist. EPA would be unable to

make determinations as to the viability of a claim regarding the need

for an extension without the information under the recordkeeping and

reporting requirements. In negotiating the settlement agreement with

members of CMA, those members agreed with the proposed recordkeeping

and reporting requirements.

Burden Statement: The annual public reporting and recordkeeping

burden for this collection of information is estimated to average .18

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 information; and transmit or

otherwise disclose the information.

Affected Entities: Entities affected by this action are

refrigeration and air conditioning service and repair shops, plumbing,

heating, and air conditioning contractors, refrigerated transport

service dealers, scrap metal recyclers, and automobile dismantlers and

recyclers. Additional entities affected include Clean Air Act Section

608 technician certifications programs, equipment certification

programs, refrigerant wholesalers and reclaimers, and other

establishments that perform refrigerant removal at service and

disposal.

Estimated No. of Respondents: 2,276,142.

Estimated Total Annual Burden on Respondents: 419,546 hours.

Frequency of Collection: Occasional, annual, and semiannual.

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.

[[Page 24933]]

Please refer to EPA ICR No. 1626.05 and OMB No. 2060-0256 in any

correspondence.

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

Information Division (2137), 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: May 14, 1996.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 96-12483 Filed 5-16-96; 8:45 am]

BILLING CODE 6560-50-M