DRAFT

Supporting Statement

for

Information Collection Request

Motor Vehicle and Engine Compliance Program Fees (Renewal)

EPA ICR 2080.04

December 2009

Compliance and Innovative Strategies Division

Office of Transportation and Air Quality

Office of Air and Radiation

U.S. Environmental Protection Agency
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Part A Of The Supporting Statement

1. Identification of the Information Collection

1(a) Title and Number of the Information Collection

Motor Vehicle and Engine Compliance Program Fees

1(b) Short Characterization

As required by the Clean Air Act (42 USC 7401 et seq.), the Environmental 

Protection Agency (EPA) has regulations establishing emission standards (and other 

requirements) for various classes of vehicles and engines. In accordance with the Clean 

Air Act, these regulations also require that compliance be demonstrated prior to EPA 

granting a "Certificate of Conformity". Such certification is necessary before the product 

can be introduced into commerce. 

In the case of passenger cars, highway motorcycles, light trucks, and heavy-duty 

truck engines, EPA has charged fees for administering these compliance programs since 

1992. These regulations appeared in 40 CFR Part 86, Subpart J. In 2004, EPA 

promulgated regulations to add several classes of recently regulated vehicles and engines

(referred to as “off-road” for convenience) to the fees program (69 FR 2621, May 11, 

2004, effective July 12, 2004; 40 CFR Part 86, Subpart Y). The Information Collection 

Request for that rule was 2080.02, OMB 2060-0545, approved by OMB on March 18, 

2004, through March 31, 2007, subsequently renewed until July 31, 2010 in ICR 

2080.03. As a part of a rulemaking primarily covering emissions standards for certain 

nonroad spark-ignition engines and evaporative emissions standards covering a wide 

variety of engines, vehicles, and evaporative "components" (the "Bond Rule"), the fees 

regulations were restated with minor amendments in 40 CFR Part 1027 (73 FR 59034, 

October 8, 2008). Most notably, these regulations added evaporative component 

applications to the categories of certifications requiring fees covered by this ICR. This 

affected the size of the respondent class but did not create any new category of burden. 

The present ICR 2080.04 is a renewal of the current collection. It reflects five and 

a half years of experience administering the new fees regulations. 

In order to collect fees and accurately account for them, a certain amount of 

information is required, such as who is paying the fee, the category of vehicle or engine 

to which it applies, the name of the engine family, and the method of payment. This 

information is collected by the main Fee Filing Form. By regulation, fees must be paid 

before EPA begins its review of a manufacturer's application. This information is used 

by EPA's Office of Air and Radiation, Office of Transportation and Air Quality, 

Compliance and Innovative Strategies Division, to insure that the required fee has been 

paid before an application for certification is processed, to be sure that we know which

vehicle, engine, evaporative, or component family (hereafter "family") a payment is 

intended to be for, to have a contact person and address in case of payment issues and an 
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address to which acknowledgment of receipt of the payment can be sent, and to provide 

an early check on other problems, such as failure to name a family following EPA's 

naming rules or failure to go through EPA's manufacturer registration process to obtain a 

unique manufacturer code. It also provides part of the documentation used by EPA’s 

Office of Financial Services in processing fee refunds. In model year 2008, 495 separate 

manufacturing and importing corporate entities filed forms associated with approximately

3517 payment actions concerning certification fees. 

The forms in use are the paper on-road and off-road fee filing forms, a correction 

form, a miscellaneous payments due form, and a refund request form. The above-named 

forms also exist online at www.Pay.gov, with the difference that the on-road and off-road 

filing forms are combined.

It should be noted that this ICR does not include the burden of complying with the 

actual certification requirements, including the fees themselves; only the burdens 

associated with completing and filing the fee forms are covered here. Substantive 

certification burdens have been addressed elsewhere, including the on-road certification 

ICR, 0783, OMB 2060-0104, and the various ICRs covering the off-road certification 

programs.

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

Information supplied on the fee filing form assures that the correct fee for 

certification has been paid and is posted to the appropriate account. This collection is 

authorized by the Clean Air Act (42 USC 7552) and the Independent Offices 

Appropriations Act (31 USC 9701); see Attachment I. 

2(b) Practical Utility/Users of the Data

EPA uses the information collected to verify that appropriate fees have been paid 

and that the amounts are posted to the proper account, that corrections are accurately

entered, that fees match the engine families certified, that refunds are properly processed, 

and to provide a paper trail in the case of need to audit fee matters. In addition, the forms 

help insure that a knowledgeable person can be contacted in case of payment issues and 

that the applicant is applying for a valid family and has a valid manufacturer code 

attesting completion of EPA's registration process. 

3.Nonduplication, Consultations and Other Collection Criteria

3(a) Nonduplication
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The information contained on the fee forms is necessary to link the fees paid with 

certificates being reviewed and issued. At this time, these two data systems are separate, 

and without the fee filing form there would be no way to insure that fees are paid for each 

engine family prior to certification. In some but not all cases, financial documents (EPA's 

deposit records and online Cashlink resources) contain engine family information in 

relevant data fields that could be used to associate payments with engine families, but 

since this information is not always available, it is at present necessary to rely on the fee 

filing form. In cases where it is clear what a payment is intended to be used for, the 

necessity to provide a separate form for each family being certified may seem to 

constitute unnecessary duplication. Nonetheless, this requirement has in many cases 

disclosed problems and mistakes that wouldn't have come to light otherwise. In addition, 

it is important to have a contact name of someone who is familiar with the fee payment, 

which is not necessarily the same person who is familiar with the application for 

certification, particularly in large organizations. It is possible that, in the future, we may

be able to make better use of deposit information, although there are significant barriers 

to doing so. It is worth noting in this regard that manufacturers who register with pay.gov 

can save their filled-in forms and use them as a template for multiple filings, thus 

eliminating nearly all of the duplication. 

3(b) Public Notice

An announcement soliciting public comment on this ICR will be published in the 

Federal Register.

3(c) Consultations

EPA consulted with the following individuals in preparing this ICR:

Individual Firm Telephone

Bob Bock Motor Science (800) 806-2495

Sylvia Wahab Automobile Concepts (305) 893-1950

Kim Sinacola General Motors (248) 685-5641

3(d) Effects of Less Frequent Collection

The Clean Air Act requires that emission certification be done on a yearly basis 

(42 USC 7525(a)). EPA allows applicants to define their own annual production period, 

thus granting some flexibility in this regard. However, as certification is an annual event, 

and the fee is for the work involved in reviewing the certification application, submission 

of the fee payment information is generally annual.

3(e) General Guidelines

This information collection activity complies with the requirements of 5 CFR 

1320.5(d).
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3(f) Confidentiality

After a certificate of conformity has been issued, most information associated 

with the manufacturer/importer's application is available to the public. Under section 208 

of the Clean Air Act (42 USC 7542(c)) all information, other than trade secret processes 

or methods, must be publicly available. Information about fee payments are treated as 

confidential information prior to certification.

3(g) Sensitive Questions

No sensitive questions are asked in this information collection. This collection 

complies with the Privacy Act and OMB Circular A-108.

4. Respondents and Information Requested

4(a) Respondents/SIC Codes

The respondents are manufacturers or importers of various engines, vehicles, and 

evaporative components (fuel lines, fuel tanks, and related parts). The following Standard 

Industrial Classification codes are associated with this information collection:
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Category NAICS

Codes (1)

SIC

Codes(2)

Examples of Potentially Regulated Entities

Industry 333111 3523 Farm Machinery and Equipment 

Manufacturing

Industry 333112 3524 Lawn and Garden Tractor and Home Lawn 

and Garden Equipment Manufacturing

Industry 333120 3531 Construction Machinery Manufacturing

Industry 333131 3532 Mining Machinery and Equipment 

Manufacturing

Industry 333132 3533 Oil & Gas Field Machinery

Industry 333210 3553 Sawmill & Woodworking Machinery

Industry 333924 3537 Industrial Truck, Tractor, Trailer, and Stacker 

Machinery Manufacturing

Industry 333991 3546 Power Driven Handtool Manufacturing

Industry 336111 3711 Automotive and Light-Duty Motor Vehicle 

Manufacturing

Industry 336120 3711 Heavy Duty Truck Manufacturing

Industry 336213 3716 Motor Home Manufacturing

Industry 336311 3592 Motor Vehicle Gasoline Engine and Engine 

Parts Manufacturing

Industry 336312 3714 Gasoline Engine & Engine Parts 

Manufacturing

Industry 336991 3751 Motorcycle, Bicycle, and Parts Manufacturing

Industry 336211 3711 Motor Vehicle Body Manufacturing

Industry 333618 3519 Gasoline, Diesel & dual-fuel engine 

Manufacturing

Industry 811310 7699 Commercial & Industrial Engine Repair and 

Maintenance

Industry 336999 3799 Other Transportation Equipment 

Manufacturing 

Industry 421110 ------ Independent Commercial Importers of 

Vehicles and Parts

Industry 333612 3731 Manufacturers of marine vessels

3732 Boat building and repairing

Industry 333613 3568 Mechanical Power Transmission Equipment 

Manufacturing

Industry 333618 3519 Other Engine Equipment Manufacturing

Industry 811112 7533 Commercial importers of vehicles and vehicle 

components
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Industry 811198 7549 Automotive services

(1) North American Industry Classification System (NAICS)

(2) Standard Industrial Classification (SIC) system code.

4(b) Information Requested

(i) Data items, including recordkeeping requirements.

Manufacturers of regulated vehicles and engines are required to pay fees to 

support EPA’s compliance activities. As such, they are required to submit certain 

information and undertake certain actions. Copies of the current paper forms and 

electronic pay.gov versions have been submitted in ICRAS. The regulatory provisions 

governing their content are as follow:

Indication of fee category 40 CFR 1027.105

Request for fee reduction, if applicable 40 CFR 1027.120

Request for refund, if applicable 40 CFR 1027.125

Applicant information 40 CFR 1027.130

Reduced fee certificate holders are required to retain records pertaining to the 

reduced fee calculation for three years after the date of the certificate and produce them 

within thirty days upon request (40 CFR 1027.120(e)). 

(i) Respondent Activities

Respondents prepare the fee filing form with the applicant’s name, address, the 

engine family being certified, the amount being paid, and the form of payment. If there is 

a mistake in the form (wrong engine family name, model year, change in manufacturer 

code, etc.) then the applicant prepares and submits a correction form. If there is an 

underpayment, the applicant normally prepares and submits an additional fee filing form, 

or a miscellaneous payments due form, with the additional payment. If there has been an 

overpayment or the application is denied or withdrawn, the applicant may prepare and 

submits a refund request form. Recently, the correction form has been modified to allow 

application of an overpayment to the fee for an upcoming certification request. This 

saves manufacturers the trouble and delay in preparing and receiving a refund, and saves 

EPA the burden of processing such refund requests. 

If the aggregate estimated retail sales value of the vehicles, engines, or 

evaporative components (or, in the case of alternative fuels converters, of the value added 

by the conversion kit) covered by the family certified is less than one percent of the full 

fee, the applicant may file a reduced fee equal to that one percent or $750, whichever is 

greater. Most such reduced fee applicants are independent commercial importers (ICIs), a 

covering certain importers of past model year light vehicles; a few are alternative fuels 

converters. Such submissions are for a specific number of vehicles. Additional vehicles, 

engines, or units (such as additional imports) require an amended certificate and 
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submission of additional one percent payments with accompanying fee filing forms. 

Previously, reduced fee payees who initially paid for five or fewer vehicles were required

to submit a model year reduced fee payment report at the end of the model year. 

Compliance was unsatisfactory and burdensome and EPA eliminated this reporting 

requirement in the Bond Amendments. It is still the reduced fee payer's obligation to 

reconcile sales, actual retain sales, retail sales values, fees paid, and the number of 

vehicles covered by the certificate. 

5. The Information Collected--Agency Activities, Collection Methodology, and 

Information Management

5(a) Agency Activities

Prior to reviewing an application for certification, EPA certification staff verify

that the appropriate fee has been paid. EPA has hired a contractor to track all fee 

payments and fee forms. The contractor lists those families, and only those families, for 

which a fee filing form as well as the proper fee payment (including a reduced fee 

justification where applicable) have been received. EPA certification representatives are 

instructed not to issue certificates for engine families not listed in this database, which is 

prepared and distributed twice weekly within the Agency. For the light duty, motorcycle, 

ATV, and other programs as they are brought into Verify, this is currently a manual 

process. For certificates issued through CISD's Information Management System, the 

fees data is downloaded and each family shows as paid or not; certificates can not be 

issued if the family doesn't show as paid. EPA fees staff use information on fee filing 

forms to contact manufacturer representatives in case of problems or other fees business, 

such as obtaining account information for refund purposes or clarification of necessary

procedures. The contractor sends out standard emails to the addresses on the forms 

acknowledging payment, short payment, or overpayment provided the fee forms with 

those addresses have been received. EPA’s Office of Financial Services records deposits 

to EPA’s certification account and processes fee refund payments. 

5(b) Collection Methodology and Management

Fee payment documentation (such as bank batch reports and “ACT Reports”) as 

well as fee forms are collected by EPA's contractor. This documentation and the forms 

come from a variety of sources: downloaded Pay.gov forms and payment records, deposit 

records from EPA’s bank send by mail, forms received by the bank in connection with 

those payments, queries to the Federal Cashlink database, confirmatory deposit records 

from EPA’s Office of Financial Services, and forms emailed or faxed to EPA and 

forwarded to the contractor. The Office of Financial Services confirms payments using 

the same methods and receives duplicates of fee filing forms that have been processed 

through EPA’s bank. The contractor’s paper records and fees database as well as the 

Financial Services Division’s deposit records are available as an ongoing permanent 

record of fees payments and paperwork. 
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5(c) Small Entity Flexibility

Although the reduced fee provisions are not explicitly limited to small entities, 

nearly all of such applications are from small business Independent Commercial 

Importers or alternative fuel converters, who qualify for all of EPA’s provisions for small 

volume manufacturers.

5(d) Collection Schedule

While the manufacturer or importer must obtain certification on an annual basis, they

have considerable flexibility in defining their annual production period. The fee filing 

form must be submitted prior to EPA's processing the application for emission 

certification. Correction forms, refund forms, and miscellaneous payments due forms are 

submitted as the need arises. Reconciliation of reduced fee payments must occur within 

45 days of the end of the model year. 

6.Estimating the Burden and Cost of the Collection

(a) Estimating Respondent Burden

The burden estimate for completing and sending the fee filing form, correction 

form, or miscellaneous payments form (0.3 hours) was determined from the consultations 

with industry representatives during the rulemaking covered by the its ICR in this series. 

This is an estimated average; in the latest consultations the time per form estimates 

ranges from 2 minutes to 45 minutes per form. Some larger manufacturers have 

automated the process of preparing the fee filing form and wiring payment; their burden 

will be far less than 0.3 hours. Responses to the on-line payment option from those using 

it has been universally positive and on the low end of the time estimates. In model year 

2008, 20 percent of fees payments were made online. Manufacturers and importers can 

also file forms online while paying offline (such as by check or wire). 

Handling reduced fee payments, including additional payments and certificate 

modifications as new units are sold, entails a significant paperwork burden for small 

entities who wish to save money availing themselves of this provision. Some foreign 

entities have experienced problems with transaction fees being deducted from their 

payments before they reach EPA, resulting in the need for additional payments to be filed 

before their applications can be cleared for processing. Such transactions can involve 

considerable correspondence with EPA. On the other hand, we have provided forms that 

can be filled out and filed on-line, and either paid on-line or off-line. Online payment 

methods include electronic funds transfer and credit card. We have received very positive 

response to this option, and the problem rate has been much lower than for paper filings. 

This burden estimate does not include the financial arrangements that manufacturers 

make for effectuating these and other payments in the course of doing business (i.e., 

banking arrangements). Manufacturers may make one payment covering several 

certification fees, as long as the payment can be linked through the proper forms with the 
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engine families being reviewed for certification. We have recently provided forms in 

fillable .pdf and Word formats so that manufacturers can more easily fill out non-Pay.gov 

forms at their computer rather than copying and filling them out by hand, although some 

still do so. 

EPA estimates requesting a reduced fee or refund will take about 0.6 hours per 

submission. This time may be greater in the case of additional payments for additional 

vehicles under the same reduced fee engine family, but it will be less in simpler cases. 

Prior to the 2004 fees regulations, a reduced fee had to have been applied for and 

received separately from and prior to the fee payment. Currently, reduced fee payments 

only require stating the estimated aggregate sales value of the vehicles covered and the 

one percent calculation thereof in support of the payment; this calculation has been 

incorporated into the online and paper fee filing forms. We do expect manufacturers to be 

able to support such estimates upon request. While there is no standard form for this 

information, at a minimum it requires a statement of projected sales and prices; such 

information is necessary for ordinary business planning purposes in any event. 

6(b) Estimating Respondent Costs

(i) Estimating Labor Costs.

Because of the wide variety of industries covered, labor costs are considered to be

approximated by the motor vehicle manufacturing industry, NAICS 336100. Rates for 

engineering managers, mechanical engineers, and secretaries (except legal, medical, and 

executive) are from the May 2008 National Industry-Specific Occupational Employment 

and Wage Estimates (http://www.bls.gov/oes/2008/may/naics4_336100.htm, accessed 

December 10, 2009). With a 160% overhead multiplier, these are $87.30, $60.40, and 

$30.50, respectively. For some manufacturers, filing fee forms is largely secretarial; 

many others use technicians, and many foreign manufacturers hire local agents to handle 

application mechanics. We allocate labor for form filing as 10, 40, and 50 percent

respectively among these three categories for regular fees and as 100 percent managerial 

for reduced fees and refunds. 

(ii) Estimating Capital and Operations and Maintenance Costs

The paperwork cost estimate continues to include a recordkeeping cost of $2 per 

item, increased to $4 for reduced fee filings and refund requests. These costs are not 

easily separable from such costs for certification in general, but reduced fee 

recordkeeping had an additional burden specified in the regulations (40 CFR 

1027.120(e)) and therefore is estimated as requiring an additional $2 per filing. Refund 

recordkeeping is also more burdensome and estimated at an additional $2 per filing. 

There are some postage costs for those manufacturers who choose to submit checks and 

fee filing forms by surface mail; their number is expected to decrease as online payments 

and online or email form filing options continue to increase in use. Many manufacturers 

who submit forms and checks through the mails rely on private mail services (such as 
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FedEx). We have added a $3.00 reporting cost per submission as O&M cost for getting 

the forms to EPA (i.e., postage and handling). 

(iii) Capital/Start-up vs. Operating and Maintenance (O&M) Costs 

There are no capital or start-up costs associated with this collection.

6(c) Estimating Agency Burden

The overall administration of the fees program is conducted by a fees team in 

EPA’s Compliance and Innovative Strategies Division. Secondarily it is administered by 

each of the certification representatives in the Division, who have a responsibility to 

determine that fees have been paid prior to certification review, and by EPA’s contractor. 

In addition, EPA’s Office of Financial Services (OFS) keeps deposit records and 

processes fee refunds. Forty percent of one GS 12 full time equivalent (FTE) employee, 

and sixty percent of one Senior Environmental Employee (SEE) Program employee (the 

SEE Program is an employment program for older workers authorized by the 

Environmental Programs assistance Act, passed by Congress in l984, and provides 

employment opportunities to senior citizens age 55 and over), are allocated to the fees 

team. An additional one percent of seven FTE and 17 SEE employees is also allocated to 

fees-related activity in the process of certification reviews. Government cost is based on 

a GS-12 salary for professional engineers ($59,383 per year) obtained from the Office of 

Personal Management 2009 Salary Table; and $12.74 per hour for SEE employees, with 

a 1.6 multiplier for overhead applied to both. The contract work for the upcoming period 

is $140,000 for fiscal year 2010. The OFS cost is estimated as 302 hours and $9,565 

annually. The estimated total Agency cost is $226,170. (Recent annual fees receipts are 

from $18 to $20 million a year, so administrative costs are less than 1.5%.) 

6(d) Estimating the Respondent Universe and Total Burden and Costs

Our certification fees database for model year 2008 lists 495 separate 

manufacturers that submitted fees. These respondents vary from large, multinational 

corporations to small independent commercial importers. Many small foreign 

manufacturers have recently entered the motorcycle and small, off-road spark ignition 

engine certification processes. Roughly 236 of the 495 can be considered small 

businesses.

EPA queried its certification fees database and records for the numbers of fee 

filing forms, correction forms, miscellaneous payment forms, and refund request forms 

received, in paper, as attachments to emails, or downloaded from Pay.gov. Twenty

percent of all payments received were made via Pay.gov. We also queried the number of 

fee filing forms that were associated with reduced fee payments. These tallies are 

considered accurate to within five percent, except for correction forms, which is accurate 

to within ten percent. (Correction form filings were estimated by a hand count of forms 

processed during November, 2009, multiplied by twelve.) It includes both on-road and 

off-road categories:
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Total full fee filing or miscellaneous payments forms 3458

Total reduced fee forms 59

Correction forms 312

Refund request forms 68

TOTAL 3897

6(e) Bottom Line Burden Hours and Cost

(i) Respondent Tally

Bottom-line burden and costs per year for the combined on-road and off-road 

certification fees program are summarized in Table 1. EPA estimates a total of 3,897

responses and 1207.2 hours per year for the next three years at a total cost to the industry

of $100,577, of which $19,739 is allocated to O&M and the rest to labor. 

(ii) Agency tally

EPA estimates that it takes approximately 2,049 hours and $226,170 per year to 

administer the entire certification fees program. 

6(f) Reasons For Change In Burden

This cost estimate makes the same cost assumptions as the previous renewal. 

Changes in burden reflect nothing other than the changes in the volume of forms 

received. The model year 2005 fees payment database contained 2096 payment entries, 

whereas the model year 2008 has 3517, an increase of 68%. Likewise the previous ICR 

estimated a total of 2132 forms, whereas the count for model year 2008 is 3897, an 83% 

increase. Total costs, including labor, have correspondingly increased from $57,226 to 

$100,577, an increase of 76%. This increase in fees traffic reflects new programs subject 

to fees (notably component certification of evaporative components), and large increases 

in several categories of certification requests, particularly small nonroad compressionignition engines and motorcycles, with a large increase in applications from China. 
Table 1

Information 

Collection 

Activity

Annual average burden and cost per response

Number 

of 

responses

Annual 

capital & 

startup 

costs

Total Hours and Costs

Mgr. @ 

$87.30/hr 

Tech. @ Clerical 

@

Hours per 

response 

total

Labor 

cost per 

response

O&M 

reporting 

per resp.

O&M 

recordkeeping 

per resp

Total 

hours per 

year

Total costs 

per year

$60.40/hr $30.50/hr

Fee Filing 

Form 0.03 0.12 0.15 0.3 $14.44 $3.00 $2.00 3458 0 1037.4 $67,230.44

Reduced 

Fee 0.6 0 0 0.6 $52.38 $3.00 $4.00 59 0 35.4 $3,503.42

Correction 

Form 0.03 0.12 0.15 0.3 $14.44 $3.00 $2.00 312 0 93.6 $6,065.90

Fee Refund 

Form 0.6 0 0 0.6 $52.38 $3.00 $4.00 68 0 40.8 $4,037.84

TOTAL Total O&M Cost = $19,739 3897 0 1207.2 $80,837.60
6(g) Burden Statement

The annual public reporting and recordkeeping burden for this collection of 

information is estimated to average 0.307 hours for each fee transaction. The total 

burden is 1,207.2 hours per year with a total cost of $100,577 per year. These estimates 

include time to review applicable regulations and guidance documents, generate and 

gather the necessary information, and submit documents. 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. 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. 

To comment on the Agency's need for this information, the accuracy of the 

provided burden estimates, and any suggested methods for minimizing respondent 

burden, including the use of automated collection techniques, EPA has established a 

public docket for this ICR under Docket ID No. OAR-2003-0111, which is available for 

public viewing at the Air and Radiation Docket and Information Center, in the EPA 

Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, 

Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number 

for the Reading Room is (202) 566-1744, and the telephone number for the Air Docket is 

(202) 566-1742. An electronic version of the public docket is available through EPA 

Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to submit or view 

public comments, access the index listing of the contents of the public docket, and to 

access those documents in the public docket that are available electronically. Once in the 

system, select “search,” then key in the docket ID number identified above. Also, you 

can send comments to the Office of Information and Regulatory Affairs, Office of 

Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk 

Office for EPA. Please include the EPA Docket ID No. (OAR-2003-0111) in any

correspondence. 
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Attachment I

Legal Authority

42 USC 7552. - Motor vehicle compliance program fees

(a) Fee collection. Consistent with section 9701 of title 31, the Administrator may

promulgate (and from time to time revise) regulations establishing fees to recover all 

reasonable costs to the Administrator associated with -

(1) new vehicle or engine certification under section 7525(a) of this title or part C of this 

subchapter,

(2) new vehicle or engine compliance monitoring and testing under section 7525(b) of 

this title or part C of this subchapter, and

(3) in-use vehicle or engine compliance monitoring and testing under section 7541(c) of 

this title or part C of this subchapter.

The Administrator may establish for all foreign and domestic manufacturers a fee 

schedule based on such factors as the Administrator finds appropriate and equitable and 

nondiscriminatory, including the number of vehicles or engines produced under a 

certificate of conformity. In the case of heavy-duty engine and vehicle manufacturers, 

such fees shall not exceed a reasonable amount to recover an appropriate portion of such 

reasonable costs.

(b) Special Treasury fund. Any fees collected under this section shall be deposited in a 

special fund in the United States Treasury for licensing and other services which 

thereafter shall be available for appropriation, to remain available until expended, to carry

out the Agency's activities for which the fees were collected.

(c) Limitation on fund use. Moneys in the special fund referred to in subsection (b) of 

this section shall not be used until after the first fiscal year commencing after the first 

July 1 when fees are paid into the fund. 

(d) Administrator's testing authority. Nothing in this subsection shall be construed to 

limit the Administrator's authority to require manufacturer or confirmatory testing as 

provided in this part

31 USC. 9701. - Fees and charges for Government services and things of value 

(a) It is the sense of Congress that each service or thing of value provided by an agency

(except a mixed-ownership Government corporation) to a person (except a person on 

official business of the United States Government) is to be self-sustaining to the extent 

possible.
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(b)The head of each agency (except a mixed-ownership Government corporation) may

prescribe regulations establishing the charge for a service or thing of value provided by 

the agency. Regulations prescribed by the heads of executive agencies are subject to 

policies prescribed by the President and shall be as uniform as practicable. Each charge 

shall be -

(1) fair; and

(2) based on -

(A) the costs to the Government;

(B) the value of the service or thing to the recipient;

(C) public policy or interest served; and

(D) other relevant facts.

(c)This section does not affect a law of the United States -

(1) prohibiting the determination and collection of charges and the disposition of those 

charges; and

(2) prescribing bases for determining charges, but a charge may be redetermined under 

this section consistent with the prescribed bases.