Fuel Quality Regulations for Diesel Fuel Sold in 2001 & Later Years; Tax-Exempt (Dyed) Highway Diesel Fuel; and Non-Road Locomotive & Marine Diesel Fuel (Renewal)

Forms and Documents

Document Name	Status
1718ss09.docx Supporting Statement A	2012-08-03

IC Document Collections

IC ID	Document Title	Status
24415	Fuel Quality Regulations for Diesel Fuel Sold in 2001 & Later Years; for Tax-Exempt (Dyed) Highway Diesel Fuel; & Nonroad Locomotive & Marine Diesel Fuel (Renewal) Instruction	Modified
186853	Performance-Based Test Method/Lab Qualification Instruction	Removed
186852	Placement of Notice or Codes for Dyed Diesel Fuel	Removed
186851	Pre-Compliance Reporting (refiners and importers) Instruction	Removed
186850	Additional Requirements for Foreign Refiners seeking temporary flexibilites	Removed
186849	Quality Assurance Testing Program for refiners and importers	Removed
186848	Research and Development Exemption Application	Removed
186847	Temporary Hardship Application	Removed
186846	Registration (refiner, importer, and other parties)	Removed

ICR Details

OMB Control No: 2060-0308	ICR Reference No: 201112-2060-008
Status: Historical Active	Previous ICR Reference No: 200801-2060-005
Agency/Subagency: EPA/OAR	Agency Tracking No: 1718.09
Title: Fuel Quality Regulations for Diesel Fuel Sold in 2001 & Later Years; Tax-Exempt (Dyed) Highway Diesel Fuel; and Non-Road Locomotive & Marine Diesel Fuel (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/19/2013
	Date Received in OIRA: 12/23/2011
Terms of Clearance: In acccordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2016	36 Months From Approved	01/31/2013
Responses	265,406	0	426,275
Time Burden (Hours)	18,950	0	285,261
Cost Burden (Dollars)	0	0	2,626,000

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Abstract: 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.

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Authorizing Statute(s): US Code: 42 USC 7414, 7545, 7601(a) Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 51362	08/18/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 80362	12/23/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Placement of Notice or Codes for Dyed Diesel Fuel
Pre-Compliance Reporting (refiners and importers)	TBD, TBD	NRLM Diesel Fuel Sulfur Pre-Compliance Report ,   Motor Vehicle Diesel Fuel Sulfur Pre-Compliance Report
Additional Requirements for Foreign Refiners seeking temporary flexibilites
Research and Development Exemption Application
Quality Assurance Testing Program for refiners and importers
Fuel Quality Regulations for Diesel Fuel Sold in 2001 & Later Years; for Tax-Exempt (Dyed) Highway Diesel Fuel; & Nonroad Locomotive & Marine Diesel Fuel (Renewal)	In Process, In Process, In Process, In Process, In Process, In Process, In Process, In Process, In Process	Diesel Fuel Sulfur Credit Transfer Report ,   Diesel Fuel Sulfur Credit Banking & Generation Report ,   Diesel Fuel Sulfur Batch Report ,   Designate & Track Handoff Report ,   Designate & Track Total Volume Report ,   Designate & Track Facility Compliance Calculation Report ,   Designate & Track Entity Compliance Calculation Report ,   Motor Vehicle Diesel Fuel Sulfur Pre-Compliance Report ,   NRLM Diesel Fuel Sulfur Pre-Compliance Report
Performance-Based Test Method/Lab Qualification	5900-121, 5900-120, 5900-121, 5900-120	Diesel Sulfur Accuracy Demonstration ,   Diesel Sulfur Accuracy Demonstration ,   Fuel Marker Solvent Yellow 124 Precision Demonstration ,   Fuel Marker Solvent Yellow 124 Precision Demonstration
Registration (refiner, importer, and other parties)
Temporary Hardship Application

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	265,406	426,275	0	0	-160,869	0
Annual Time Burden (Hours)	18,950	285,261	0	0	-266,311	0
Annual Cost Burden (Dollars)	0	2,626,000	0	0	-2,626,000	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: ICs were outdated or incorrectly entered. All forms and data are now compiled into 1 IC to reflect the data collection more accurately. Deleting these ICs shows up as a program change, even though there were no actual changes made to the reporting or recordkeeping requirements. There are no O&M costs associated with this ICR so the total cost is $0.

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Annual Cost to Federal Government: $120,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/23/2011

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