Recordkeeping and Reporting Requirements Regarding the Sulfur Content of Motor Vehicle Gasoline under the Tier 2 Rule (40 CFR part 80, subpart H) (Proposed Rule for Tier 3))

Forms and Documents

Document Name	Status
Form 5900-312 Tier 3 Proposed Rule Form and Instruction	New
Form GSF0400 Importer Testing of Additional Batches of Convention Gasoline Form	Unchanged
Form GSF0400 Refiner Testing of Additional Batches of Convention Gasoline Form	Unchanged
Form GSF0301 Importer Annual Averaging Report Form	Unchanged
Tier 3 gasoline sulfur ICR.xlsx Supplementary Document	2014-09-26
Tier 3 gasoline sulfur ICR.docx Supporting Statement A	2014-09-26

IC Document Collections

IC ID	Document Title	Status
24646	Refiner Annual Averaging Report Instruction	Unchanged
213272	Tier 3 Proposed Rule Form and Instruction	New
210391	Geographic Phase-in Areas (GPA) Refineries Product Transfer Document (PTD) and Reporting Requirements Instruction	Unchanged
179545	Requirements for Users of Research and Development (R&D) Gasoline	Unchanged
179544	Terminal and Pipeline Quality Assurance (QA) Testing for Defense	Unchanged
179543	Sampling and Testing Requirements for Small Refiner Gasoline	Unchanged
179542	Refiner and Importer Quality Assurance (QA) Testing for Defense	Unchanged
179541	Importer Attest Engagement Requirements	Unchanged
179540	Refiner Attest Engagement Requirement	Unchanged
179539	Requirements for Truck Importers Instruction	Unchanged
179538	Requirements for Refiners Under a Temporary Hardship Exemption Instruction	Unchanged
179536	Small Refiner Product Transfer Document (PTD) and Reporting Requirements Instruction	Unchanged
179535	Alternative Sampling & Testing Requirements for Butane Blenders Instruction	Unchanged
179534	Alternative Sampling & Testing for Previously Certified Gasoline (PCG) Instruction	Unchanged
179533	Importer Testing of Additional Batches of Convention Gasoline Form	Unchanged
179532	Credit/Allotment Reports Instruction	Unchanged
179531	Refiner Testing of Additional Batches of Convention Gasoline Form	Unchanged
179530	Importer Annual Averaging Report Form	Unchanged

ICR Details

OMB Control No: 2060-0437	ICR Reference No: 201409-2060-003
Status: Historical Inactive	Previous ICR Reference No: 201402-2060-006
Agency/Subagency: EPA/OAR	Agency Tracking No: 1907.08
Title: Recordkeeping and Reporting Requirements Regarding the Sulfur Content of Motor Vehicle Gasoline under the Tier 2 Rule (40 CFR part 80, subpart H) (Proposed Rule for Tier 3))
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/28/2014
	Date Received in OIRA: 09/26/2014
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection for the proposed rule under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2017	36 Months From Approved	05/31/2017
Responses	37,665	0	37,665
Time Burden (Hours)	38,573	0	38,573
Cost Burden (Dollars)	0	0	0

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Abstract: The requirements covered under this Information Collection Request (ICR) are included in the Tier 3 proposed rule (78 FR 29816, May 21, 2013). The scope of the recordkeeping and reporting requirements for each type of party in the gasoline, gasoline additive, oxygenate, certified ethanol denaturant, and blender-grade pentane distribution systems, and therefore the cost to that party, reflects the party's opportunity to create, control or alter the product's sulfur content. As a result, petroleum refiners/importers, gasoline additive producers/importers, oxygenate producers/importers, certified ethanol denaturant producers/importers, and blender-grade pentane producers and importers have more significant requirements, which are necessary both for their own tracking and that of downstream parties, and for EPA enforcement. At the same time, parties downstream from the product's production or import point, such as fuel distributors, have fewer requirements under the proposed rule. The recordkeeping and reporting requirements for refiners and importers of motor vehicle gasoline under the proposed Tier 3 program are the same requirements that exist under the Tier 2 sulfur program. The Tier 3 proposed rule contains new recordkeeping and reporting requirements that apply to gasoline additive manufacturers, oxygenate producers/importers, blender-grade pentane producers/importers, and produces/importers of certified ethanol denaturants that are used to produce denatured fuel ethanol. In large part these proposed requirements are consistent with common business practices. The costs associated with the proposed requirements are expected to be small. The proposal to allow blender-grade pentane to be added gasoline downstream of the refinery would provide additional flexibility to industry.

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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:
2060-AQ86	Proposed rulemaking	78 FR 29816	05/21/2013

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
Tier 3 Proposed Rule	5900-312, 5900-313, 5900-314, 5900-315, 5900-316, 5900-317, 5900-318, 5900-319, 5900-320, 5900-321, 5900-322	Gasoline Sulfur Facility Summary Report ,   Gasoline Sulfur Corporate Pool Facility Identification Report ,   Overhead for Facility Level Reports ,   Gasoline Sulfur Corporate Pool Averaging Report ,   Overhead for Company Level Reports ,   Overhead for Company Level Reports ,   Gasoline Sulfur Allotment Transfer/Conversion Report ,   Gasoline Sulfur Credit Banking & Allotment Generation Report ,   Gasoline Sulfur Report for Batches Containing Previously Certified Gasoline ,   Gasoline Sulfur and Benzene Batch Report ,   Gasoline Sulfur Credit Transfer/Conversion Report
Refiner Annual Averaging Report	GSF0301	Gasoline Sulfur Facility Summary Report
Importer Annual Averaging Report	GSF0301	Gasoline Sulfur Facility Summary Report
Refiner Testing of Additional Batches of Convention Gasoline	GSF0400	Gasoline Sulfur Batch Report
Credit/Allotment Reports	GSF0100, GSF0200, 5900-312, 5900-313, 5900-314, 5900-315, 5900-316, 5900-317, 5900-318, 5900-319, 5900-320, 5900-321, 5900-322	Credit/Allotment Generation Report ,   Credit Transfer Report ,   Gasoline Sulfur Facility Summary report ,   Gasoline sulfur Corporate Pool Facility Identification Report ,   Overhead for Facility Level Reports ,   Gasoline Sulfur Corporate Pool Averaging Report ,   Overhead for Company Level Reports ,   Gasoline Sulfur Allotment Banking Report ,   Gasoline Sulfur Allotment Transfer/Conversion Report ,   Gasoline Sulfur Credit Banking Allotment Generation Report ,   Gasoline Sulfur Report for Batches Containing Previously Certified Gasoline ,   Gasoline Sulfur and Benzene Batch Report ,   Gasoline Sulfur Credit Transfer/Conversion Report
Importer Testing of Additional Batches of Convention Gasoline	GSF0400	Gasoline Sulfur Batch Report
Alternative Sampling & Testing for Previously Certified Gasoline (PCG)	GSF0500	Gasoline Sulfur Report for Batches Containing PCG
Alternative Sampling & Testing Requirements for Butane Blenders	GSF0400	Gasoline Sulfur Batch Report
Small Refiner Product Transfer Document (PTD) and Reporting Requirements	GSF0400	Gasoline Sulfur Batch Report
Requirements for Refiners Under a Temporary Hardship Exemption	GSF0400	Gasoline Sulfur Batch Report
Requirements for Truck Importers	GSF0400	Gasoline Sulfur Batch Report
Refiner Attest Engagement Requirement
Importer Attest Engagement Requirements
Refiner and Importer Quality Assurance (QA) Testing for Defense
Sampling and Testing Requirements for Small Refiner Gasoline
Terminal and Pipeline Quality Assurance (QA) Testing for Defense
Requirements for Users of Research and Development (R&D) Gasoline
Geographic Phase-in Areas (GPA) Refineries Product Transfer Document (PTD) and Reporting Requirements	GSF0400	Gasoline Sulfur Batch Report

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

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: The requirements covered under this Information Collection Request (ICR) are included in the Tier 3 proposed rule.

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Annual Cost to Federal Government: $23,700

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: 09/26/2014

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