This ICR covers recordkeeping and reporting requirements for motor vehicle diesel fuel and non-road, locomotive, and marine diesel fuel. It also includes recordkeeping and reporting associated with the placement of codes on dyed diesel fuel (the dye is required under IRS regulations). The main purpose for recordkeeping and reporting is to ensure compliance with the regulations at 40 CFR Part 80, Subpart I - Motor Vehicle, Non-Road, Locomotive and Marine Diesel Fuel. Because the diesel fuel regulations are written to permit several types of flexibility, periodic reporting (annual and quarterly) is necessary in order for EPA to monitor compliance. Most reporting is mandatory. Parties may assert a claim of business confidentiality and submissions covered by such a claim will be treated in accordance with procedures at 40 CFR Part 2 and established Agency procedures.
With this ICR the Office of Air and Radiation (OAR) is also seeking permission to collect applications from refiners, importers, and independent laboratories in order to permit them to use performance-based test methods for measuring sulfur in diesel fuel and detecting the presence of a marker in diesel sold as heating oil. This was previously covered by EPA ICR Number 2180.02 (2060-0566), but since all of the burden in that ICR is related to motor vehicle and non-road diesel fuel, we are including it in this ICR and will terminate 2180.02 upon approval.
There is a net decrease of 48,083 hours and $5,874,000 in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. The change in burden hours reflects a decrease of 51,683 hours due to agency adjustment and an increase of 3,600 hours due to agency discretion. The additional 3,600 hours cover performance-based test methods previously counted under ICR 2180.02. The reduction in hours is due mostly to reporting requirements that applied at the start of the program that are no longer applicable to most parties (e.g., initial registration, application for flexibilities like small refiner status).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.