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Agency Information Collection Activities: Proposed Collection, Comment Request; Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic Converters

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 


[Federal Register: August 5, 1998 (Volume 63, Number 150)]
[Notices]               
[Page 41818-41819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05au98-69]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6136-5]

 
Agency Information Collection Activities: Proposed Collection, 
Comment Request; Enforcement Policy Regarding the Sale and Use of 
Aftermarket Catalytic Converters

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 EPA is planning to submit the 
following proposed and/or continuing Information Collection Request 
(ICR) to the Office of Management and Budget (OMB): Enforcement Policy 
Regarding the Sale and Use of Aftermarket Catalytic Converters; EPA ICR 
# 1292.05; OMB No. 2060-0135; expires 9/30/98. 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 October 5, 1998.

ADDRESSES: U.S. Environmental Protection Agency, Office of Enforcement 
and Compliance Assurance, Office of Regulatory Enforcement (2242A), 401 
M Street SW, Washington, D.C. 20460. Copies of the ICR can be obtained 
free of charge by contacting Ervin Pickell as provided below.

FOR FURTHER INFORMATION CONTACT: Ervin Pickell, Telephone: (303) 969-
6485; Facsimile number: (303) 969-6490; E-MAIL: 
pickell.erv@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
manufacturers and installers of aftermarket automobile catalytic 
converters.
    Title: Enforcement Policy Regarding the Sale and Use of Aftermarket 
Catalytic Converters (OMB Control number 2060-0135; EPA ICR # 1292.05.) 
expiring 09/30/98.
    Abstract: Section 203(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 28114-28119, 28133 (Aug. 
5, 1986); 52 FR 42144 (Nov. 3, 1987)), 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 slightly less 
effective 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. In addition, the manufacturer must submit 
semi-annual reports to EPA of the number of each type of catalyst 
manufactured and a summary of warranty card information (or copies of 
warranty cards, at the manufacturer's option). Companies that 
recondition used catalysts must, on a one-time basis, identify the 
company and provide information regarding procedures to be used to test 
used catalysts. All used catalysts must be individually bench-tested, 
and the company must submit semi-annual reports to EPA of the identity 
of persons who distribute the reconditioned catalysts and the number of 
reconditioned catalysts of each type that are sold to each distributor.
    Companies that install aftermarket catalysts have no reporting 
requirements but for 6 months must keep copies of installation invoices 
and records that show the reason an aftermarket catalyst installation 
was appropriate. Removed catalysts must be tagged with identifying 
information and be kept for 15 days. EPA allows the use of pre-printed 
documents or computer-generated documents. All the recordkeeping under 
the policy is authorized by section 114 of the Act, 42 U.S.C. Sec. 7414 
and section 208 of the Act, 42 U.S.C. Sec. 7542.
    Parties who comply with these policies are allowed to install 
aftermarket catalysts instead of OE catalysts.
    Confidentiality provisions are found at 40 CFR Part 2. These 
requirements have been in effect for over 10 years. Startup costs have 
been completed. The

[[Page 41819]]

proposed ICR utilizes assumptions that are the same as the previous 
ICR.
    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 and 48 CFR Chapter 15.
    In addition to this information, you may obtain a copy of the draft 
ICR supporting statement as provided above.
    The EPA would like to solicit comments 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.
    Burden Statement: For new catalyst manufacturers the average hourly 
burden per year per respondent is about 5 hours for the reporting 
required by the policy and the associated recordkeeping. The reporting 
is mandatory. The frequency of response is estimated to be 1 report per 
year for a new product line and 2 reports per year on manufacturing and 
warranty card information. There are 12 entities in the country covered 
by the requirements. Total burden for all new catalyst manufacturers is 
about 60 hours per year. There are annual operating and maintenance 
costs of about $60 per manufacturer. There are annualized purchased 
service costs of $35,700 per respondent. There are no annualized 
capital costs. Startup costs have been completed.
    For parties who recondition used catalysts, the average annual 
hourly reporting burden is 631 hours per respondent. The reporting is 
mandatory. The frequency of response is 2 reports per year based on 
about 8,900 tests of used catalysts per respondent. Total burden for 
all 8 respondents is about 5,048 hours. There are annual operation and 
maintenance costs of about $200 per respondent. There are annualized 
capital costs of about $38,244 per respondent.
    For parties who install aftermarket catalysts there is no reporting 
burden. The average annual recordkeeping burden is about 3.5 hours per 
respondent. There are no annualized operation and maintenance costs or 
annualized capital costs. 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.

    Dated: June 23, 1998.
Sylvia K. Lowrance,
Principal Deputy Assistant Administrator, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 98-20903 Filed 8-4-98; 8:45 am]
BILLING CODE 6560-50-P

 
 

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