p.1 

OAR Box 1140 

Prepped by Ryan Dugan 

Document Number: 

43) IV-H-3 

Docket Number: 

A-86-03 

Printed 4/23/2008 7:58:42 AM Sheet 43 of 48 
"•.'TW-ff-J 

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Standard Form 83 

(Rev. Septembsr 1983) Request for OMB Review 

Important 

Read instructions before completing form. Oo not use the same SF 83 

to request both an Executive Order 12291 review and approval under 

the Paperwork Reduction Act. 

Answer all questions in Part I. If this request is for review under E.O. 

12291. complete Part II and sign the regulatory certification. If this 

request is for approval under the Paperwork Reduction Act and 5 CFR 

1320. skip Part II, complete Part III and sign the paperwork certification. 

Send three copies of this form, the material to be reviewed and • 

paperwork—three copies of the supporting statement, to: 

Office of Information and Regulatory Affairs 

Office of Management and Budget 

Attention: Docket Library. Room 3201 

Washington, DC 20503 

PART I.—Complete This Part for All Requests. 

1. Department/agency and Bureau/office originating request 

EPA/OAR 

2. Agency code 

0 6 0 

3. Name of person who can best answer questions regarding tha request 

Willia m W. Damico 

Telepnone number 

FTS 374-827 8 ( 313 } 668-427 8 

4. Title of information collection or rulemaking 

Regulation of Fuels and Fuel Additives: 

Fuel Quality Regulations for Highway Diesel Fuel Sold in 1993 and Later 

Calendar Years 

5. Legal authority for information collection or rule (ate United States Code. Public Uw, or Executive Order) 

USC or CAA sectio n 114 

6. Affected public (check all Out apply) 

1 O Individuals or households 

2 D State or local governments 

3 D Farms 

4 Q Businesses or other for-profit 

5 LJ Federal agencies or employees 

6 O Non-prof it institutions 

7 ftp Small businesses or organizations 

PART II.—Complet e This Part Only if the Request is for OM B Review Under Executive Order 1229 1 

7. Regulation Identifier Number (RIN) 

or. None assigned D 

S. Type of submission (check one in each category) 

Classification 

1 D Major 

2 O Nonmajor 

Stage of development 

1 D Proposed or draft 

2 D Fmalorinterimfinal.wrthpriorproposil 

3 LJ Final or e iter wn final, without pnor proposal 

Type of review requested 

1 D SUndard 

2 D Pending 

3 D Emergency 

4 G Statutory or judicial deadline 

9. CFR section affected 

CFR _ 

10. Does this regulation contain reporting or recordkeeping requirements that require OMB approval under the Paperwork Reduction Act __ _ 

and5CFR1320? D Yes Qt 

11. If a major rule, is there a regulatory impact analysis attached? 1 D Yes 2 D c 

tf'No." did OMB waive the analysis? 3DY « 4D f 

Certification for Regulatory Submissions 

In submitting this request for OMB review, tne authorized regulatory contact and the program official certify that tht requirements of E.O. 12291 and any applicable 

policy directives have been complied with. 

Signature of program official 

Signature of authorized regulatory contact 

Oate 

Oate 

12. (OMB usa only) 

Priviom tditiofts oosotttt 

NSN 7S4OO0434-4O34 83-108 SUndard Form S3 (Rtv. 9 6 

PrtjenOed By Ot. 
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PART III.—Complete This Part Only If the Request Is for Approval of a Collection 

of information Under the Paperwork Reduction Act and 5 CFR 1320. 

13. Abstract—Oescribe needs, uses and affected public in 50 words or less 

The purpose of this ICR is to allow small refiners to apply 

for benefits under the two year small refinery extension 

provisions of the rule. 

14. Type of information collection (check only one) 

Information collections not contained In rules 

1 Q Regular submission 

Information collections contained In rules 

3 O Existing regulation (no change proposed) 

4 D Notice of proposed rulemaking (NPRM) 

5 G3 Final. NPRM was previously published 

2 Q Emergency submission (certification attached) 

6 Final or interim final without prior NPRM 

A D Regular submission 

B Q Emergency submission (certification attached) 

7. inter date of expected or actual Federal 

Register publication at this stage pf rulema 

(month, day. year): Jul y 199 0 

15. Type of review requested (check only one) 

l Q New collection 

2 D Revision of a currently approved collection 

3 D Extension of the expiration date of a currently approved collection 

without any change in the substance or in the method of collection 

4 D Reinstatement of a previously approved collection for which appro* 

has expired 

5 D Existing collection in use without an OMB control number 

16. Agency report form numbers) f/nc/ud* standard/optional form numbers)) 

none 

17. Annual reporting or disclosure burden 

1 Number of respondents 

2 Number of responses per respondent . . 

3 Total annual responses (Una J times line 2) 

4 Hours per response 

5 Total hours ffine 3 hmes//>>« 4) . . . . 

m

"

v R* 

max. 85 

255 

22. Purpose of information collection (check as many as apply) 

1 0 Application for benefits 

2 D Program evaluation 

3 D General purpose statistics 

4 • Regulatory or compliance 

5 D Program planning or management 

6 D Research 

7 • Audit 

I t . Annual recordkeeping burden 

1 Number of recordkeepers . 

2 Annual hours per recordkeeper. 

3 Total recordkeeping hours (line 1 timas Una 2) 

4 Recordkeeping retention period 

max.„g5 

170 0 •» 

6 years 

19. Total annual burden 

1 Requested (line 17-5 plus line 18-3). 

2 In current OMB inventory . . . . 

3 Difference (line 1 lass Una 2) . . . 

Explanation of difference 

4 Program change 

5 Adjustment 

737 (avg.) 

B 

737 "(avg.) 

New Program 

23. Frequency of recordkeeping or reporting (check all that apply) 

* l Q Recordkeeping (199 0 only ) 

Reporting 

2 D On occasion 

3 D Weekly 

4 D Monthly 

5 D Quarterly 

6 D Semi-annually 

7 0 Annually (1993 & 1994) 

8 Q Biennially 

9 D Other (describe): 

20. Current (moat recant) OMB control numoer or comment number 

2 1. Requested expiration date 

December 31, 1995 

24. Respondents'obligation to comply (cftoc* tha strongest obligation that applk 

1 ED Voluntary 

2 D Required to obtain or retain a benefit 

3 D Mandatory 

25. Are the respondents primarily ediNatianal agancies or institutions oris tr« p DYes 03 r 

2C. Doe Doess thei the agency uae sampling to select respondents or does the agency recommend or prescribe the use of urnpKrej or statistical analysis — _ 

by respondents? U Yes G9 r 

27. Regulatory authority for the information collection 

m .;or. FR. : or. Other (specify): 

CAA section 114 

Paperwork Certification 

In submitting this request for OMB approval, the agency hud. the senior official or an authorized representative, certifies that the requirements of 5 CFR 1320. ti 

Privacy Act statistical standards or directives, and any olhei applicable information policy directives have been complied with. 

Signature of program official I Oate 

Signature of agency head, the senior official or an authorize* representative Oate 
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1. Identification of the Information Collection 

(a) Tide and Number of the Infonnation Collection 

Small Refiner Application for Extension of Diesel Fuel Sulfur Requirements 

(b) Short Characterization 

In order to qualify for the two year extension of die 0.05 weight percent sulfur limit for 

on-highway fuel, each refiner must submit documentation tiiat fuel complying with the onhighway fuel specifications will be manufactured following the expiration of the extension period. 

Furthermore, each refiner must gather information indicating the amount of diesel fuel produced 

during the period October 1, 1989 to September 30, 1990 which was sold for use on-highway. 

The documentation of the capacity to manufacture 0.05 weight percent sulfur fuel by the end of 

the extension period will be submitted to the Field Operations and Support Division (FOSD) of 

the Office of Mobile Sources where it will be reviewed and then kept on file while the 

information indicating the amount of on-highway fuel sold will be retained by the refiner for a 

period of five years. Submitting information and garnering and retaining the necessary records 

is voluntary since only refiners wishing to take advantage of the available extension will be 

required to respond. 

2. Need for and Use of the Collection 

(a) Need / Authority for the Collection 

The information being collected and the records to be kept are necessary to qualify a 

refiner for benefits under the two year extension period available to small refiners and to 

implement tiie extension for qualifying refineries. The EPA is authorized to require these 

collections and recordkeepings under § 114 of the CAA. 

(b) Use / Users of the Data 

The information collected will be used to detennine compliance with the requirements of 

the small refiner extension to the Diesel Fuel Sulfur Rule. The portion of the information which 

the refiners will be required to keep records on will be used by the refiners to determine the 

amount of on-highway fuel which they can produce. The Agency would only use this 

information in the case on an enforcement audit The Field Operations and Support Division 

both collects and uses the information on construction of desulfurization equipment to monitor 

the refiners' progress towards being able to produce complying low-sulfur fuel by the end of the 

extension period. 
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3. The Respondents and the Infonnation Requested 

(a) Respondents / SIC codes 

Only petroleum refiners who produce diesel fuel (SIC #2911) and who qualify for and 

wish to use the small refiner extension will be required to submit information or keep records. 

Approximately 85 refineries could potentially qualify for the small refinery extension. 

(b) Information Requested 

(i) Data items 

Prior to qualifying for the first year of the extension, each refinery is required to submit 

evidence that equipment necessary to comply with the rule is being installed. This evidence 

would include copies of executed and binding contracts for design and construction and copies 

of approved permits for construction of the necessary equipmenL Prior to qualifying for the 

second year of the extension, each refinery is required to submit evidence that on-site 

construction has begun. These collections are required in 40 CFR § 80.29(c)(1). 

In addition, each refiner will be required to gamer and keep records indicating the amount 

of diesel fuel sold for on-highway use during the time period October 1, 1989 to September 30, 

1990. The on-highway portion of the fuel sold will be determined firom data reported for excise 

tax purposes as being sold as either taxable or tax-exempt on-highway fuel by either the refiner 

or by a reseller selling fuel purchased from the refiner. This recordkeeping is required in 

40 CFR § 80.29(c)(2). 

(ii) Respondent activities 

In preparing the annual submissions of information and gathering the records to be kept, 

each refiner must: 

read the regulatory provisions, 

plan and execute the construction of necessary equipment (CBP), 

gather information about the on-highway fraction of direct sales to end users from 

tax records (CBP), 

gather information regarding the on-highway fraction of the subsequent sales of 

resellers to whom they sell fuel, 

submit the construction information to FOSD, and 
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record the information gathered regarding the on-highway sales. 

The planning and construction of necessary equipment is normal business practice for 

refiners and is necessary for compliance with the rule independent of any need to submit 

information and therefore is designated as a customary and usual business practice (CBP). 

Keeping tax records is also part of the normal operation of the business and therefore recording 

information about excise taxes is designated as customary and usual business practice (CBP). 

4. The Infonnation Collected - Agency Activities. Collection Methodology, and Information 

Management 

(a) Agency Activities 

In executing this infonnation collection, it is estimated that the Agency will need to: 

answer respondent questions regarding the collection, 

review the collected information, 

file the collected information, and 

issue letters of compliance. 

(b) Collection Methodology and Management 

Respondents will submit a letter along with documentation to be filed. 

(c) Small Entity Flexibility 

This section is not applicable. All respondents will be small entities applying for a benefit 

under a provision of the rule intended to provide regulatory flexibility. 

(d) Collection Schedule 

The information collected will be in the form of two annual collections to review progress 

towards full compliance with the rule at the end of the exemption period the first annual 

submission is due on July 1, 1993 and the second collection is due on July 1, 1994. 

5. Nonduplication. Consultations, and other Collection Criteria 

(a) Nonduplication 

The infonnation being collected to monitor the progress ofthe refineries towards installing 

the equipment needed for full compliance with the rule is not readily available to the federal 
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government In most cases, the contracts which will be submitted as evidence of progress 

towards full compUance with the rule have not been entered into at this time. Furthermore, they 

would not generally be filed with the government while construction permits will be filed with 

local or state governments, they are not readily available to the federal government. 

During our investigation it was determined that the major piece of information needed to 

determine the eligibility of refineries for the small refiner extension, the refinery crude oil or 

feedstock utilization rates of the years 1988 and 1989, are available from the Energy Infonnation 

Administration (EIA) of the Department of Energy. Diane House (FTS 896-9667) indicated that 

such information is available to EIA. EIA can confirm the eligibility of any refinery applying 

for benefits under the small refinery extension. Therefore, this information will not be collected 

direcdy from the refiners. 

(b) Consultations 

During the development of these recordkeeping and reporting requirements, consultations 

were had with other government agencies and with members of the affected industries regarding 

the recordkeeping procedures. Dick Patrick (FTS 226-7045) of the Internal Revenue Service was 

contacted to gain information about the rules pertaining to reporting of fuel for on-highway 

excise tax collection. Amy Graham (202-331-1198) of the Petroleum Marketers Association of 

America confirmed that these taxes are largely reported by marketers of the fuel. Jerry Levine 

(312-856-2605) of Amoco reviewed the requirements and provided inputs into the appropriate 

time frames. Consequently, the recordkeeping requirements were structured accordingly. 

Furthermore, Craig Moyer (213-488-174) of the American Independent Refiners Association was 

consulted about the feasibility of small refiners determining their on-highway sales volumes using 

excise tax records and indicated that the small refiners would be able to do so. 

(c) Effects of Less Frequent Collection 

The collection requirements specify two annual information collections. Conceivably, the 

second annual collection could be combined with the first one, however, the American 

Independent Refiners Association indicated that dong so would pose an undue burden on the 

small refiners to begin construction early. 

This section is not applicable to the recordkeeping requirements since the gathering of 

records to keep is only done once. 

(d) General Guidelines 

The only exception to the general guidelines for information collection put forth by the 

Office of Management and Budget is that records will need to be kept for five years. This length 

of time is necessary since the records will be gathered in 1991 and will need to be available for 

inspection through 1996 to verify compliance with the rule. 
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(e) Confidentiality and Sensitive Questions 

(i) Confidentiality 

It is not anticipated that any of the information submitted to the Agency will be of a 

confidential nature. 

(ii) Sensitive Questions 

This section does not apply. There are no questions of a sensitive nature being asked with 

this information collection request 

6. Estimating the Burden and Cost of the Collection 

(a) Estimating Respondent Burden 

The burden estimates for both the recordkeeping and the annual reporting requirements 

were made using professional judgement With the exception of the estimate of the burden for 

gathering the information for recordkeeping done by technical staff, all activities are routine and 

the estimates are presumed to be accurate. The estimate of the burden for information gathering 

by technical staff for the recordkeeping requirement is subject to uncertainty and, therefore, a 

rather generous estimate was made. 

(b) Estimating Respondent Costs 

Since the information gathering and recordkeeping requirements costs for this rule are 

very minor compared with the other costs for this rule, no estimates of labor costs were made 

in the Regulatory Impact Analysis. Therefore, for labor rates and associated costs, we relied on 

the Comprehensive Assessment and Information Rule economic analysis, which estimated hourly 

labor rates as follows: management @ $49; technical @ $33 and clerical @ $15. 

(c) Estimating Agency Burden and Cost 

The estimates of each class of hours needed to handle the burdens associated with this 

information collection request are based on the experiences of FOSD in handling similar tasks 

such as the small refiners provisions in the lead phase down rule. Labor rates and overhead are 

assumed to be similar to those of the affected industry. 

(d) Bottom Line Burden Hours and Costs / Master Tables 

The estimates of burdens and costs derived above have been used to create master tables 

for the recordkeeping, annual collections, and Agency burdens and costs associated with this 

information request Table I indicates the burden and costs for the recordkeeping requirements. 

These burdens and costs are applicable for the year 1990 only and are not included in the 

Aggregation Table for annual costs in 1993 and 1994. Table II indicates the burden and costs 

for the annual collection requirements. Table DI shows the annual burdens and costs to the 
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Agency. The bottom line annual respondent burdens and costs are shown in the Aggregation 

Tables. 

Master Table I 

Respondent Burden/CQ3t Estimates (recordkeeping) (1990 only) 

Collection Activities Burden Hours (per year) 

1. Read the regulatory 

provisions 

2. Gather information 

regarding on-highway sales 

of diesel fuel sold through 

resellers 

3. Store the information 

Mgt. 

$49 

Tech. 

$33 

15 

Cler. 

$15 

Hours 

17 

Costs 

$49 

$525 

$30 

Total: 15 20 $604 

RECORDKEEPING BURDEN: Hr. total (20) x No. of Respondents (85) = 1700 hrs. 

RECORDKEEPING COSTS: Cost total ($604) x No. of Respondents (85) = $51,340 

Master Table II 

Annual Respondent Burden/Cost Estimates (annual collections) 

1. 

2. 

Collection Activities 

Read the regulatory 

provisions 

Submit Information 

Total: 

Burden Hours 

Mgt. 

$49 

1 

0 

1 

(per 

Tech. 

$33 

+ 

0 

0 

0 

vear) 

+ 

Cler. 

$15 

0 

2 

2 

Hours 

1 

2 

3 

Costs 

$49 

$30 

$79 

ANNUAL BURDEN: Hr. total (3) x No. of Respondents (85) •= 255 hrs. 

ANNUAL COST: Cost total ($79) x No. of Respondents (85) = $6,715 
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Master Table III 

Annual Agency Burden/Cost Estimates (1993 & 1994) 

2. 

3. 

Collection Activities 

Answer respondents 

questions regarding 

the collection 

Review the collected 

information 

File the collected 

information 

Issue letters of 

compliance 

Burden Hours (per vear) 

Mgt. 

$49 

Tech. 

$33 

85 

Cler. 

$15 

Hours 

92 

Total: 210 105 = 321 

Aggregation Table (1990 only) 

Total 

Burden Hours 

Respondent Recordkeeping 1700 

Bottom line: 1700 

Aggregation Table (1993 & 1994) 

Total 

Costs 

$51,340 

$5ll340 

Respondent Annual Collections 

Bottom line : 

Total 

Burden Hours 

255 

255 

Tota l 

Costs 

$6,715 

$5,715 

Costs 

$978 

2 

0 

2 

85 

0 

40 

40 

20 

40 

127 

20 

82 

$3,503 

$300 

$2,018 

$8,799 

(e) Reasons for Change in Burden 

This section is not applicable. This is an initial request 

(f) Burden Statement 

Public reporting burden for this collection of information is estimated to average twenty 

hours per response for the recordkeeping requirement, including the time for reading the 

regulatory provisions; gathering information and storing the infonnation and three hours per 

response for the annual submissions of information in 1993 and 1994, including the time for 

reading the regulatory provisions and submitting the information. Send comments regarding this 

burden estimate or any other aspect of this collection of information, including suggestions for 

reducing the burden, to Chief, Infonnation Policy Branch, PM-223, U.S. Environmental 

Protection Agency, 401 M St., S.W., Washington, DC 20460; and to Paperwork Reduction 

Project (OMB # 20 - ), Office of Information and Regulatory Affairs, Office of 

Management and Budget Washington, DC 20503.