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

Forms and Documents

Document Name	Status
Form 5900-312 Tier 3 Final Rule Form and Instruction	Modified
Form GSF0100 Credit/Allotment Reports Form	Removed
Form GSF0400 Refiner Testing of Additional Batches of Convention Gasoline Form	Removed
Form GSF0301 Importer Annual Averaging Report Form	Removed
1907ss10.docx Supporting Statement A	2019-07-09

IC Document Collections

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

ICR Details

OMB Control No: 2060-0437	ICR Reference No: 201907-2060-001
Status: Received in OIRA	Previous ICR Reference No: 201504-2060-001
Agency/Subagency: EPA/OAR	Agency Tracking No: 1907.10
Title: Recordkeeping and Reporting Requirements Regarding the Sulfur Content of Motor Vehicle Gasoline under the Tier 2 Rule (40 CFR part 80, subpart H) (Final Rule for Tier 3))
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/07/2019

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	520,017	0
Time Burden (Hours)	55,656	0
Cost Burden (Dollars)	0	0

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Abstract: The requirements covered under this ICR are included in the Tier 3 Final Rule (79 FR 23414, April 28, 2014). The scope of the recordkeeping and reporting requirements for each 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. The Tier 3 program contains recordkeeping and reporting requirements that apply to gasoline additive manufacturers, oxygenate producers/importers, blender-grade pentane producers/importers, and producers/importers of certified ethanol denaturants that are used to produce denatured fuel ethanol. In large part these requirements are consistent with common business practices.

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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:
	83 FR 15388	04/10/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 9514	03/15/2019
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Sampling and Testing Requirements for Small Refiner Gasoline
Tier 3 Final Rule	5900-312, 5900-313, 5900-314, 5900-315, 5900-316, 5900-317, 5900-318, 5900-319, 5900-320, 5900-321, 5900-322, 5900-346, 5900-345, 5900-347, 3520-20	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 ,   Additional Annual Reporting Requirements for Refiners that Blend Butane or Pentane ,   Additional Annual Reporting Requirements for Refiners that Blend Butane or Pentane ,   Reporting Requirements for Producers and Importers of Pentane for Use by Pentane Blenders Report ,   Reformulated Gasoline and Anti-Dumping Batch Report
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
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
Importer Annual Averaging Report	GSF0301	Gasoline Sulfur Facility Summary Report
Refiner Annual Averaging Report	GSF0301	Gasoline Sulfur Facility Summary Report
Alternative Sampling & Testing Requirements for Butane Blenders	GSF0400	Gasoline Sulfur Batch Report
Alternative Sampling & Testing for Previously Certified Gasoline (PCG)	GSF0500	Gasoline Sulfur Report for Batches Containing PCG
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

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ICR Summary of Burden

	Total Request	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	520,017	0	0	0	421,885	98,132
Annual Time Burden (Hours)	55,656	0	0	0	-45,457	101,113
Annual Cost Burden (Dollars)	0	0	0	0	0	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: No

Burden Reduction Due to:

Short Statement: There is an increase from approximately 98,132 responses to approximately 520,000 due to a better understanding of the size of the oxygenate industry. When this ICR was developed for the first time in 2015, oxygenate producers/importers, oxygenate blenders, and certified denaturant producers/importers, were not required to be registered under any EPA fuels program. They were not required to register under the Tier 3 program until December 2016 and therefore when the original version of this ICR was developed in 2015, there was no comprehensive list to base estimates of the size of the industry upon. The total burden hours decreased from 101,113 to 55,656 due to experience gained in implementing the Tier 3 program.

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Annual Cost to Federal Government: $29,800

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 08/07/2019

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