Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic Converters (Renewal), EPA ICR Number 1292.07, OMB Control Number 2060-0135, 51783-51784 [05-17366]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51783-51784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17366]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2005-0052; FRL-7963-5]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Enforcement Policy Regarding the 
Sale and Use of Aftermarket Catalytic Converters (Renewal), EPA ICR 
Number 1292.07, OMB Control Number 2060-0135

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 document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on August 31, 
2005. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its estimated burden and cost.

DATES: Additional comments may be submitted on or before September 30, 
2005.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2005-0052, to (1) EPA online using EDOCKET (our preferred method), by 
e-mail to docket.oeca@epa.gov, or by mail to: Environmental Protection 
Agency, EPA Docket Center (EPA/DC), Enforcement and Compliance Docket 
and Information Center, Mail Code 2201T, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460, and (2) OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Jack McLaughlin, Office of Mobile 
Sources, Office of Enforcement and Compliance, U.S. EPA Western Field 
Office, 12345 West Alamdea Parkway, Suite 214, Lakewood, CO 
80228; Telephone number: (303) 236-9513, Fax number: (303) 236-9514, E-
Mail: mclaughlin.jackj@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On May 31, 2005 (70 FR 30941-30943), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments on this 
notice.
    EPA has established a public docket for this ICR under Docket ID 
No. OECA-2005-0052, which is available for public viewing at the 
Enforcement and Compliance Docket and Information Center in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue, 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 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 the Enforcement and Compliance Docket and 
Information Center is (202) 566-1752. An electronic version of the 
public docket is available through EPA Dockets (EDOCKET) at https://
www.epa.gov/edocket. Use EDOCKET to submit or view public comments, 
access the index listing of the contents of the public 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 above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice. EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in EDOCKET as EPA receives them and without change, 
unless the comment contains copyrighted material, confidential business 
information (CBI), or other information whose public disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in EDOCKET. The entire 
printed comment, including the copyrighted material, will be available 
in the public docket. Although identified as an item in the official 
docket, information claimed as CBI, or whose disclosure is otherwise 
restricted by statute, is not included in the official public docket, 
and will not be available for public viewing in EDOCKET. For further 
information about the electronic docket, see EPA's Federal Register 
notice describing the electronic docket at 67 FR 38102 (May 31, 2002), 
or go to https://www.epa.gov/edocket.
    Title: Enforcement Policy Regarding the Sale and Use of Aftermarket 
Catalytic Converters (Renewal)
    Abstract: Section (a)(3) of the Clean Air Act (Act) prohibits 
removing or rendering inoperative automobile emission control devices 
or elements of design. But for the adoption of the aftermarket 
catalytic converter enforcement policy (51 FR 28814-28819, 28133 
(August 5, 1986); 52 FR 42114 (November 3, 1987) ), 67 FR 319 (January 
3, 2002) the manufacture, sale or installation of aftermarket catalytic 
converters (catalysts) not equivalent to new original equipment (OE) 
catalysts would constitute a violation of the Act. However, because 
replacement OE catalysts are expensive, many consumers had elected to 
not replace catalysts that malfunctioned subsequent to the expiration 
of the emissions warranty on their vehicles. The Agency believes that 
allowing the installation of aftermarket catalysts on older vehicles 
can be environmentally beneficial if the Agency can be assured that the 
aftermarket catalysts meet certain standards and if installers are 
accountable to select the proper aftermarket catalyst for each vehicle 
application. Manufacturers of new aftermarket catalysts are required on 
a one time basis, for each catalyst line manufactured, to identify the 
catalyst physical specifications and summarize pre-production testing 
of the prototype. Previously, manufacturers were required to submit 
semi-annual reports to EPA of the number of each type of catalytic 
converter manufactured and a summary (or copies at manufacturer's 
option) of warranty card information. These requirements are both 
discontinued. The information would still have to be retained for 5 
years, and would be subject to EPA inspection. A technical change is 
being made to clarify the existing requirement that converters be 
labeled, specifically that information affixed to the converters 
appears on the underside so that it can be seen after the converter is 
installed.
    Reconditioners of used catalysts must, on a one-time basis, 
identify themselves and provide information regarding their converter 
testing equipment and procedures followed when testing used catalysts. 
All used catalytic converters must be individually bench-tested. The 
requirement to submit semi-annual reports to EPA disclosing the 
identity of persons who distribute the reconditioned catalysts and the 
number of reconditioned catalysts of each type that are sold to each 
distributor is discontinued.
    Companies that install aftermarket catalysts have no reporting 
requirements

[[Page 51784]]

but must keep copies of installation invoices and records for 6 months 
that show the reason an aftermarket catalyst installation was 
permissible. A technical change is made to note that the warranty 
period for the Original Equipment Manufacturer (OEM) converter 
originally installed on the vehicle is 8 years/80,000 miles starting 
with the 1995 model year. Therefore, aftermarket or reconditioned 
converters generally cannot be installed on such vehicles until the 
vehicles are at least 8 (eight) years old, or have accumulated 80,000 
miles of service life. Removed catalysts must be tagged with 
identifying information and be retained for 15 days. EPA allows the use 
of pre-printed documents or computer generated documents. All the 
record keeping under the policy is authorized by section 114 of the 
Act, 42 U.S.C. 7414 and section 208 of the Act, 42 U.S.C. 7542 and is a 
mandatory condition for participation in this voluntary alternative 
program to manufacturing catalytic converters equivalent to OE. Not 
complying with the record keeping and remaining reporting requirements 
would violate section 203(a)(3) of the Act, 42 U.S.C. 7522(a)(3). 
Parties who comply with these policies are allowed to install 
aftermarket catalysts instead of OE catalytic converters. 
Confidentiality provisions are found at 40 CFR part 2. These 
requirements have been in effect for over 19 years. Startup costs have 
been completed.
    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 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 7 
hours per response for the three categories of respondent. 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; 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.
    Respondents/Affected Entities: Manufacturers, reconditioners, and 
installers of aftermarket and/or reconditioned automotive catalytic 
converters.
    Estimated Number of Respondents: 30,014.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 212,101 hours.
    Estimated Total Annual Cost: $8,725,189, which includes $285,824 
annualized capital/startup costs, $390,064 annual O&M costs, and 
$8,049,201 annual labor costs.
    Changes in the Estimates: There is an increase of 100,793 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. The increase is due to an error in calculations 
in the previous ICR, and not an actual increase in respondent burden 
hours. A combination of errors in calculations in the previous ICR (67 
FR 319-320, Jan. 3, 2002) led to the annual burden hours for installers 
being represented as 3.5 hours/year, rather than 7 hours/year. Spread 
over 30,000 installer respondents this led to a shortfall of 104,000 
burden hours. This figure has been correctly calculated in this ICR 
renewal. There is, therefore, no increase in burden hours to the 
industry, rather the correction of a previous error which accounts for 
the higher burden hour numbers.

    Dated: August 25, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-17366 Filed 8-30-05; 8:45 am]
BILLING CODE 6560-50-P