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INFORMATION COLLECTION REQUEST (ICR)

OMB-83 SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF AIR & RADIATION

A. JUSTIFICATION

1. Identification of the Information Collection

a. Title: Recordkeeping and Reporting for Performance-Based Measurement 

System for Fuels.

EPA Number: 2459.01

b. Short characterization:

With this proposed information collection request (ICR), the Office of Air and 

Radiation (OAR) is seeking permission to collect applications from refiners’ and 

importers’ fuel testing laboratories, and from independent fuel testing laboratories, in 

order to permit them to use performance-based test methods for measuring various 

characteristics of fuels under 40 CFR Part 80 programs.

In the past, we would set up a designated test method for measuring compliance 

with various fuel parameters. Typically, this test method was an American Society for 

Testing and Materials (ASTM) procedure that our laboratory used. Regulated parties 

would have to use the same method for compliance purposes. In certain circumstances, 

alternative test methods were named in our regulations. If a regulated party used an 

alternative test method, all results would have to be correlated to the designated test 

method. Simply put, the party would have to develop and apply a correlation equation to 

all its results to bring them in line with the designated test method. A limited 

performance-based test method approach was adopted to address the measurement of 

sulfur in diesel fuel; however, outside of the diesel program, there was no real 

opportunity for laboratories to use test methods developed outside of voluntary

consensus-based standards groups (i.e., “VCSB methods”) or to choose VCSB test 

methods not designated in our regulations as recognized alternative test methods. The 

proposed regulation seeks to permit laboratories greater flexibility with respect to 

choosing test methods, while ensuring that adequate accuracy and precision, and the use 

of good laboratory practices. 

The performance-based approach we are proposing sets up accuracy and precision 

criteria, but permits regulated parties to qualify their laboratories to use their own test 

methods. Industry supported our approach to diesel sulfur and welcomed it as a first step 
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to a more comprehensive performance-based approach to test method issues. This 

proposed rule seeks to implement the more comprehensive approach. 

In order to be qualified to use a test method, a refiner's or importer's laboratory, or 

an independent laboratory, will have to submit certain information to us. The 

information submitted will depend upon the nature of the method – e.g., we anticipate 

that much less information would be required for a published, voluntary consensus based 

standards organization method (i.e., a “VCSB method”) than for a test method developed, 

in house, by the individual laboratory (i.e., a “non-VCSB method.”). There will be 

recordkeeping and reporting burdens associated with qualifying laboratories on test 

methods. In addition, laboratories will have to engage in quality control activities that 

will have a recordkeeping component. Statistical quality control (SQC) activities are an 

industry standard practice, and we do not anticipate any real increase in that burden do to 

our proposal. However, since we propose to require retention of SQC records in order to 

demonstrate compliance, we have estimated that burden. 

2. Need For, and Use of, the Collection

a. Authority for the Collection

Sections 114 and 208 of the Clean Air Act (CAA), 42 U.S.C. §§ 7414 and 7542, 

authorize EPA to require recordkeeping and reporting regarding enforcement of the 

provisions of Title II of the CAA. The relevant regulations are in 40 CFR Part 80, 

Regulation of Fuels and Fuel Additives. 

b. Practical Utility/Uses of the Data

The reported data will enable EPA to:

1) Qualify laboratories to use test methods based upon accuracy and precision 

criteria supported by industry.

2) Ensure that various fuels meet the standards required under the regulations at 

40 CFR Part 80 and that the associated benefits to human health and the environment are 

realized.

3. Non-duplication, Consultation, and other Collection Criteria

a. Non-duplication

Efforts have been made to eliminate duplication in this information collection. 

Where possible, information requirements from various organizations within the Agency
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have been combined to minimize the submittal of duplicate information in different 

formats. The information in this collection will not be available from another source.

b. Public Notice

EPA will submit the ICR to OMB for review, along with the notice of proposed 

rulemaking. This proposed supporting statement is being docketed in order to permit 

interested parties to fully comment upon the performance-based approach and the 

recordkeeping and reporting costs associated with it. 

c. Consultations

EPA is providing an opportunity for notice and comment regarding the proposed 

rule and this proposed supporting statement. We anticipate that the notice of proposed 

rulemaking and the proposed information collection will generate comments from 

interested parties. We will consider these comments in generating a supporting statement 

for submission to OMB in connection with the final rule. 

d. Effects of Less Frequent Data Collection

The frequency of response is controlled by the submitter of the information – i.e., 

a laboratory would qualify based upon how many test methods it wishes to qualify and 

use. For most parties, this will be a one-time submission of information. 

e. General Guidelines

This rule does not exceed any of the OMB guidelines. 

f. Confidentiality

EPA informs respondents that they may assert claims of business confidentiality

for any or all of the information they submit. Information claimed as confidential will be 

treated in accordance with 40 CFR Part 2 and established Agency procedures. The 

template for qualification that we use for diesel sulfur permits a party to clearly assert a 

claim of business confidentiality on the actual submission. The in-use 

spreadsheets/forms for diesel sulfur may be viewed at: 

http://www.epa.gov/otaq/fuels/reporting/diesel.htm (accessed January 12, 2012.)We 

anticipate developing a similar form for this approach when it is finalized. Information 

that is received without a claim of confidentiality may be made available to the public 

without further notice to the submitter under 40 CFR § 2.203.

g. Sensitive Information

Individual reporting data may be claimed as sensitive and will be treated as 

confidential information in accordance with the procedures outline in 40 CFR Part 2.
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4. The Respondents and the Information Requested

a. Respondents/SIC Codes

The respondents to this information collection are:

 Refiners’ testing laboratories (i.e., refiners)

 Importers’ testing laboratories (i.e., importers)

 Independent fuel testing laboratories (i.e., laboratories)

Recordkeeping and reporting are required by the following industries, with SIC 

Code/2002 NAICS Code indicated in parentheses: refiners (2911/324110), importers 

(5172/424720), and laboratories (8734/541380).

b. Information Requested

In order to qualify a test method, the following information must be 

provided to the Agency

A) Reporting: Respondents must submit information that will 

establish that the test method to be used by the laboratory, in fact, meets the accuracy and 

precision requirements under the fuel regulations.

B) Recordkeeping: Respondents must retain underlying records 

related to qualifying test methods for five (5) years. This time period is consistent with 

the required record retention for all 40 CFR Part 80 fuels programs.

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

Information Management

a. Agency Activities

 All reported data will be reviewed by EPA.

 EPA will use the data to determine if the test method meets the accuracy and 

precision criteria of the regulation.

 EPA will prepare a written response to the respondent qualifying (or not 

qualifying) the laboratory to perform the test method.

 The data will be stored.

b. Collection and Methodology and Management

Data will be collected by industry and reported to EPA in the form of a template

to be developed, typically submitted with an accompanying letter and contact 

information. We expect to use a form similar to those already approved for diesel 

sulfur. These in-use spreadsheets/forms may be viewed at: 

http://www.epa.gov/otaq/fuels/reporting/diesel.htm (accessed January 12, 2012.)
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c. Small Entity Flexibility

This collection will not adversely affect small entities. The proposed regulation 

provides a means of qualifying test methods that we expect to be welcome by industry

and may encourage development of new test methods by entities of all sizes.

d. Collection Schedule

Test methods are expected to be submitted on a one time basis by nearly all 

parties. The time of collection is driven by the respondent. We anticipate that the 

majority of applications will be received during the period of the proposed ICR (i.e., 

between November 1, 2014 and October 1, 2015), with applications dropping off 

substantially in future years. This expectation is based upon our experience with 

laboratory qualifications on test methods for the existing diesel sulfur program. 

6. Estimating the Burden and Cost of Collection

a. We drew upon experience implementing similar regulations among the same 

entities to develop estimates of the burden associated with this collection. We estimated 

750 laboratories, based upon our experience with diesel sulfur qualifications. At 

present, there are a total of 11 fuel parameters for which testing is conducted; we have 

assumed that each laboratory may submit up to 10 applications to qualify VCSB methods 

and that each laboratory will also submit one application to qualify a non-VSCB test 

method. 

 

b. Three labor categories are involved: managerial (includes legal and professional 

review), technical, and clerical. The estimates use the Bureau of Labor Statistics figures 

from "Employer Costs for Employee Compensation - Table 12 - Private Industry, 

Manufacturing, and Non-Manufacturing Industries by Occupational Group” (December 

2003), with a 3% annual inflation factor applied to bring the values to the present. Using 

this method, the following wages and benefits apply by category:

Wages and Benefits

Managerial $53.87 per hour

Technical $35.29 per hour

Clerical $24.56 per hour

Doubling for company overhead beyond wages and benefits, and for convenience, 

rounding up to the dollar, gives the following rates for this proposed ICR:

Total Employer Cost

Managerial $108 per hour
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Technical $71 per hour

Clerical $49 per hour

It is assumed that for each hour of activity the mix will be about 0.1 hour managerial, 0.7 

hour technical, and 0.2 hour clerical. This gives an average labor cost of $71 per hour, 

which will be used in this ICR. We estimate the following burden: 

The annual estimates for hours and burden follow:

Table I - Parameters Tested under Current 40 CFR Part 80 Regulations

(as of January 12, 2012)

Fuel Parameters

Sulfur in gasoline

Sulfur in butane

Sulfur in diesel at 15 ppm

Sulfur in diesel at 500 ppm

Olefins

RVP

Distillation

Benzene

Aromatics in gasoline

Oxygen Content

Aromatics in diesel fuel

Table II - Laboratory Qualification Submissions 

Assumes 750 laboratories (based upon our experience with diesel sulfur), each 

submitting 10 VCSB and one non-VCSB method. 

Collection 

Activity

Total 

Number 

of 

Respondents

Number of 

Responses 

per 

Respondent

Total 

Number 

of 

Responses

Hours 

Per 

Response

Total 

Hours

Total 

Cost

$

Submission of 

VCSB method 

documentation

750 10 7,500 0.5

(1.5 

hours/3)

3,750 266,250

Information 

describing 

precision of 

the VCSB 

method

750 10 7,500 0.5

(1.5 

hours/3)

3,750 266,250

Information 

showing the 

750 10 7,500 0.5

(1.5 

3,750 266,250
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method has 

been 

evaluated 

using ASTM 

D 6708

hours/3)

Development 

of, and 

submission of, 

documentation 

for the nonVCSB method

750 1 750 13.3

(40 

hours/3)

10,000 710,000

Information 

describing the 

precision of 

the non-VCSB 

method

750 1 750 13.3

(40 

hours/3)

10,000

710,000

Information

showing that 

method has 

been 

evaluated 

using ASTM 

D 6708

750 1 750 40

(120 

hours/3)

30,000 2,130,000

TOTAL 61,250 4,348,750
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Table III – Recordkeeping associated with Statistical Quality Control (SQC)

Assumes that a SQC record must be generated every two weeks; and creating each 

record takes 1 hour.

 

Collection 

Activity

Total 

Number of 

Respondents

Number of 

Responses 

per 

Respondent

Total 

Number of 

Responses

Hours Per 

Response

Total 

Hours

Total

Cost

$

RecordKeeping 

Associated 

w/ SQC

750 104 78,000 1 78,000 5,538,000

Table IV - Annual Recordkeeping Burden Associated with Establishing Reference 

Installations

Assumes that 75 laboratories (10% of total population) would apply as reference 

installations, and that preparing and submitting the appropriate records would take 24 

hours. 

 

Collection 

Activity

Total 

Number of 

Respondents

Number of 

Responses 

per 

Respondent

Total 

Number of 

Responses

Hours Per 

Response

Total 

Hours

Total

Cost

$

RecordKeeping 

Associated 

w/ SQC

75 1 75 24 1,800 127,800

c. Estimating the Agency Burden and Cost

The Agency burden consist of one GS-13 chemist (estimated at $161,000 

including overhead; one GS-13 statistician (estimated at $161,000 including overhead); 

with the assistance of 0.10 of a GS-7 clerical worker ($76,000 including overhead), or 

$7,600. This yields a total of $329,600. We expect nearly all this expense to be in the 

first year of the ICR. After the first year of the ICR (when most applications would be 

received), we would expect the burden to decrease substantially. 

d. Estimating the Respondent Universe

We were able to estimate the number of regulated entities drawing upon 

experience regulating the same entities. 
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e. Bottom Line Annual Burden Hours and Costs

We estimate an annual reporting burden of 61,250 hours and $4,348,750. We 

estimate an annual recordkeeping burden of 78,000 hours and $ 5,538,000. For those 

laboratories that wish to be reference installations, we estimate an annual recordkeeping 

burden of 1,800 and $127,800. 

f. Reason for Change in Burden

This proposed supporting statement has been prepared in anticipation of EPA’s 

future submission of a proposed, new collection to OMB. 

g. Burden Statement

We estimate an annual reporting burden of 95 hours per respondent and an annual 

recordkeeping burden of 104 hours, yielding a total of 199 hours. For those laboratories 

that elect to be reference installations, the annual reporting burden would be 95 hours and 

the annual recordkeeping burden would be 128 hours. 

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 the instructions; develop, acquire, install, and 

utilize technology and systems for the purpose 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 

transit 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.

Interested parties are urged to comment on the Agency's need for this information

collection, the accuracy of the provided burden estimates, and any suggested methods for 

minimizing respondent burden, including the use of automated collection technique. 

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, EPA has established a public docket for this rule, which includes this ICR. 

Submit any comments related to the ICR to EPA and OMB. Send comments to OMB at 

the Office of Information and Regulatory Affairs, Office of Management and Budget, 

725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Since 

OMB is required to make a decision concerning the ICR between 30 and 60 days after 
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publication in the Federal Register, a comment to OMB is best assured of having its full 

effect if OMB receives it within 30 days of publication. The final rule will respond to 

any OMB or public comments on the information collection requirements contained in 

this proposal.

Part B of the Supporting Statement

This part of the supporting statement is not applicable.