- 1

- DRAFT Supporting Statement for In formation Collection Request Control of Evaporative Emissions from New and In

- Use Portable Gasoline Containers (Renewal )

EPA I CR 2213.03 April, 2010

Compliance and Innovative Strategies Div ision Office of Transportation and Air Quality Office of Air and Radiation U.S. Environmental Protection Agency- 2

- PART A OF THE SUPPORTING STATEMENT
1. Identification of the Information Collection (a ) Title and Number of Informa tion Collection.

" Control of Evaporative Emissions from New and In - Use Portable Gasoline Containers (Renewal ) " , I CR 2213.03, OMB 2060

- 0597. (b ) Short Characterization. (i ) Type of collection. Under regulations promulgated on February 26, 2007 (72 FR 8428) , manufacturers of new portable gasoline containers are required to obtain certificates of conformity with the Clean Air Act, effective January 1,2009. This ICR covers the burdens associated with this certification process. (ii) Content of report

s. All manufacturers of p ortable g asoline containers subject to the rule mentioned in section (i) must submit applications and reports to EPA to certify them for sale in the United States. The app lication information required is described in sect ion ( iii) (1) of this document and is required preceding sale of new p ortable g asoline container s . A second mandatory report is warranty and defect information on these products. The information required in that report is described in section (iii) ( 4 ) . The w arranty and defect report i s required annuall y in July of the year following the mode l year for which the portable gasoline container was certified. (iii) Recordkeeping requirements. Respondents must organize and maintain the following records: (1) The respondent must organize and maintain all applications , their amendments, and an y summary information that is to be sent to EPA

. An application is for an emissions family that describes a single or group of portable fuel containers that are expected to have similar emission characteristics. In general , fuel containers made with similar materials, processes, emission control strategy , and design are eligible for grouping into a single emission family

. An emissions family is limited to a single model ye ar. The information required in an application is as follows: a. Description of the emission family ’s specifications , distinguishable configuration, detachable parts and their numbers, an d other basic parameters of the emission controls ; b. Explan ation of the emi ssion control technology ; c. Description of the products selected for testi ng and the reasons for selection; d. Description of the test equipment and procedures used ; e. Fuel properties of the test fuel used for tests reported in the application and how they compare to the test fuel s pecifications in the regulation;- 3

- f. M aintenance , use instructions , and warranty information provided with the product to the ultimate purchaser of each n ew portable gasoline container; g. Description and example of the emi ssion control inform ation label; h. A s tatement that the e mission family's product s were tested as described an d me et the requirements of the regulation ; i. The e mission data for the family's products that indicates that it m et the applicable emission standards , except in the cases where the products only differ in model ye ar from those that were previously certified; j. Test results from invalid tests or tests that were not conducted as specified in section § 59.650 through 59.653 of the rule ; k. An unconditional certif ication by the resp ondent that all the products in the emissions family compl y with the requirements of the rule; l. E stimates of U.S.

- directed pro duction volumes; and m. Name of an agent for service of process located in the United States for an y action by EPA related to the requ irements for the rule

. (2) The respondent must keep records for each portable gasoline container tested (emission data unit) under the requirements of the rule. E ach emission data unit has records for the following information : a. The unit’s construction, inclu ding its origin and buildup, steps taken to ensure that it repres ents production containers, components built specially for it, and all the components include d in the application for certification. b. All emission tests, including documentation on routine and standard tests, as specified the rule . Each test report include s : i. T est results ; ii. P urpose of test ; iii. D ate and time of the test ; iv. T est cell ambient conditions during the test such as temperature, barometric pressure, and relative humidity ; v. D iagnostic data indi cating conformance of the test p rocedur e to the rule; vi. S ignificant events that may a ffect the products ' conformance with the rule ; vii. Production figures for each emission family divided by assembl y plant; viii. Maintenance instructions for the portable fuel containe rs in the famil y; and ix. A running list of portable gasoline container identification numbers for all the containers produce d under e ach certificate of conformity

. All the above information must be kept five years after a certificate of conformity is issue d f or the emissions family in question. Data covering test cell ambient conditions, however, is required to be kept for one year only after a certificate of conformity is issued for the emissions family in question. ( 3 ) The stored records can be in an y format and on any media, as long as it can be promptl y delivered to EPA on request.- 4

-

( 4 ) Annual successful warranty claims, including the reason for the claim and defect report summarizing by

emissions family , are to be provided to the agency

. These report s are due to EPA by July 1 for the preceding calendar ye ar. 2. Need for and Use of the Collection (a ) Need/Authority for the Collection. The EPA is required under Section 183(e) of the Clean Air Act (Act) to regulate Volatile Organic Compound (VOC ) emissi ons from the use of consumer and commercial products. Pursuant to Section 183(e)(3), the EPA published a list of consumer and commercial products and a schedule for their regulation on March 23, 1995 (60 FR 15264). Consumer products were included in Grou

p I of the list, and standards were promulgated on September 11, 1998. In the Administrator's judgment, VOC emissions from the use of consumer products contribute to ground

- level ozone formation in ozone non

- attainment areas. Statutory authority for the portable gasoline contain er controls is found in S ections 183(e) and 111, 42 U.S.C. sections 7511b(e) and 741 4
. This authority was granted to regulate VOC emissions from the use of consumer and commercial products. Portable gasoline containers are a con sumer product which ha s been shown to be deficient in preventing VOCs in the form of gasoline vapors from being emitted into the air. The record keeping in an application for an emissions family of portable gasoline container s is necessary to prove to the agency that the emissions family meet s the emission standard in the regulation

. The items specified in (iii)(1) for the application are specific enough to provide enough information to allow the agency to issue a certificate of compliance for the emiss ions family covered in application. The information in the application is sufficient to allow the manufacture to aggregate containers of like design into one emission family . This saves the manufacturer the expense of testing models of s imilar but not identical design. The information is also detailed enough to allow recertification for subsequent new model ye ars where the onl y difference containers of the current and future model years is onl y the model year itself . The emissions family

collection fo r similar containers and the carry over provisions are seen as a reasonable approach to simplify and lower the cost of gasoline container certification program for the manufacture

. The warranty and defect reports provided by the manufactures to the agenc y are needed to assure that the container s survive normal use and provides to EPA confidence that they are minimally

meeting the emission standards . Cans showing excessive warranty claims or high defect rates could be candidates for in

- use testing by EPA. Though EPA does not have the authority to recall portable fuel containers the warranty and defect information along with in

- use testing b y EPA cou ld be used as grounds to withhold subsequent certification of containers that are not operating as required by the regulation. (b ) Use/Users of the Information. Agency enforcement personnel will use the information collected to :- 5
-

 Determine if a manufacture’s portable gasoline containers meet the emission standard when new ;

 Allow the agency

to issue a cert ificate of compliance to the manufacturer so that they can market the approved container s;

 Allow the agency

to issue certificates in successive model years to containers that differ only in model year to manufactures and waiving the testing process required for a new design;

 Allow the agency

to issue certificates to the manufacture for containers that are substantially similar to the tested prototype and waive the testing process required for a new design;

 Provide information to the agency to indicate th at the portable gasoline containers are meeting the standard in

- use; and

 Provide information to the agency that a portable gasoline container design is not meeting the standard in

- use and provides a basis on which to reject a manufactures application for that design in subsequent model years. 3. Non - duplication, Consultations, and Other Collection Criteria (a ) Non

- duplication. The information collected pursuant to the regulation is product and manufacturing specifications, testing, successful warranty claims , and defect data concerning portable gasoline containers

. Similar information will be collected by the state of California for their Portable Fuel Container regulation 1 . However, the California regulation is different in several key areas that mak e the information unsuitable for information collection required for Federal rule. These are all due to the following differences in the standards and certification requirements in the two rules.

 The test fuel and the temperature cycles used in the F ed eral program are more in keeping with nation wide ambient temperatures and fuels while those required in the California regulation are more suitable to California fuels and ambient conditions.

 The Federal rule requires the reporting of successful warranty claims and defect reports concerning fuel containers sold as certified under the rule. While the California regulation does require that the manufacturer issue warranties, it does not require them to report on the outcomes of successful claims against them

. These differences make the California data unsuitable for the Federal rule on fuel containers. (b ) Public Notice Required Prior to ICR Submission to OMB

1 “Certification Procedure for Portable Fuel Containers and Spill

- Proof Spouts”, Cal ifornia Air Resources Board July 22, 2005- 6

-

An announcement soliciting public comment on this I CR was published in the Federal Register on _ ____ (___FR____). A cop y of the draft ICR was placed in the docket. No comments were received. (c) Consultations EPA has had ongoing discussions with the gasoline container manufactures concerning the gasoline container rule and its impact on their bu siness. The dates and method of contact are listed below

. Organization Consultation Blitz USA: Meetings on: 3/23/04, 4/15/04, 9/29/05 Phone discussions on: 2/17/04, 5/5/04, 5/13/04, 9/16/04, 3/22/05 Scepter Meeting on: 11/9/04 Phone discussio ns on: 6/3/04, 4/27/05, 8/26/05 Wedco Phone discussions on: 5/28/04, 4/19/05 Midwest Can Company Phone discussions on: 6/21/05, 7/28/05 No
- Spill Research Phone discussions on: 7/21/04 Industry wide Conference call: 11/17/04 (d ) Effec ts of Less Frequent Collection. The requirement of the portable fuel container regulation is that information is submitted on a yearl y basis coinciding with the manufacturer’s “model year.” The certificate of conformity is effective until December 31of the model ye ar for which it was issued. For these reasons, a collection frequency

longer than a year is not possible. However, when a fuel container design is “carried over” or a new version of a container that is for all intents and purposes substantially similar to a current container , the amount of new information required is substantially reduced. The manufactures can modify the terms for certification under §59.621 which could conceivabl y effect the frequency

of data collection. However, changes woul d have to be approved by EPA and can not lead to less effective emission control. (e) General Guidelines. This I CR adheres to the guidelines for Federal data requeste rs, as provided at 5 CFR 1320.5 . The regulation requires that records con cerning the application for certification be maintained for 5 ye ars and testing data for 1 ye ar . Successfull y awarded warranty information and product defect reports are required for the preceding model by July 1st of the following year. There is no requirement to report unsuccessful claims against container warranties and after the reporting of the data to EPA. There is no requirement by EPA for the manufactures to retain that information. The se period s of record retention are consistent with other ongoing and simi lar- 7
-

programs . They

are necessary

to allow enough record history for the agency to adequatel y monitor compliance. (f ) Confidentiality. Any information submitted to EPA for which a claim of confidentiality is made will be safeguarded according to EPA re gulations at 40 CFR 2.201 et seq. (g ) Sensitive Questions

. This section is not applicable because this ICR does not involve matters of a sensitive nature. 4. The Respondents and the Information Requested (a ) Respondents/SIC and NAICS Codes. Resp ondents to this information collection are manufacturers of portable fuel containers. They fall within standard industrial classification (SI C) 3411 and within the North American Industrial Classificatio n Sy stem (NAI CS) code of 324110. (b ) Information Re quested. (i ) Data items. Table 2, Source Data and Information Requirements, summarizes the recordkeeping and reporting requirements.- 8

- TABLE 2 SOURCE DATA AND INFORMATION REQUIREMENTS Group Item Sub Item Requirement Application (Report) Emissions Family

Specification Physical Configurations §59.623 Application (Report) Emissions Family

Specification Method of Emission Control §59.623 Application (Report) Emissions Family

Specification Container Models §59.623 Application (Report) Testing Test E quipment §59.623 Application (Report) Testing Test Methods §59.623 Application (Report) Testing Test Fuels §59.623 Application (Report) Testing Emission Test Data §59.623 Application (Report) Compliance Statement of Compliance of Tests §59.623 Application (Report) Compliance Maintenance and Use Instructions to Users §59.623 Application (Report) Compliance De scription of Emiss i ons Control Label §59.623 Application (Report) Compliance St atement of Compliance of Member Containers to Emission s Family §59 .623 Application (Report) Compliance Name of Agent of Process for the Application §59.623 Application (Report) Impact Estimate of US Sales §59.623 In
- Use Report Awarded Warranty

Information Reasons for Claim §59.628 In
- Use Report Defect List and number of defects by emissions family §59.628 Record Keeping Application (Report) §59.628 Record Keeping Annual In

- Use Report §59.628 Record Keeping Emission

- Data Unit

(prototype test container) Configuration and Components §59.628
Record Keeping Emission

- Data Unit

(prototype test container) Build Information §59.628
Record Keeping Emission

- Data Unit

(prototype test container) Representativeness to Production Version §59.628
Record Keeping Emission

- Data Unit

(prototype test container) All Emission Test Data for Emission

- Data Unit §59.628
Record Keeping Emission

- Data Unit

(prototype test container) Date and Time for §59.628
Record Keeping Emission

- Data Unit

(prototype test container) Ambient Test Cell Conditions §59.628
Record Keeping Production Figures By Emissions Family and Assembly Plant §59.628 Record Keeping Unique Container

Serial Numbers By Certificate of Conformity §59.628- 9

-

(ii) Respondent Activities

. The respondent will have to document fuel container s pecifications in detail such as phys ical size, shapes, materials, quality of component fit, and production methods. The respondent shall have to keep records on testing that was performed to assure compliance with the fuel container regulation . The respondent must collect and keep warranty and defect information for annual reporting on in

- use survival of their products in the hands of consumers to EPA . The respondent must also retain records on the units produced, apply serial numbers to individual containers, and track the serial number s to their certificates of conformance. Many of these activities are performed in the production of any modern consumer product, but clearl y some of the information is uniquely required to the fuel container regulation 5. The Information Collected --Age ncy Activities, Collection Methodology, and Information Management. (a ) Agency Activities. A significant portion of EPA’s activity for the fuel container regulation will be spent reviewing applications to verify that the correct tests have been conducte d and the necessary information has been submitted. Running change submissions must also be reviewed for possible impacts and manufacturers’ evaluations thereof. A part of this process involves determining if “carry over” of data from a previous model year or addition of a new container model to an existing emissions family is appropriate or if new testing will be required. EPA has the right to select a number of containers for testing to confirm that the cans are indeed meeting the emissions standards. (b ) Collection Methodology and Management As noted in section 2(b) of this I CR, the information collected is a necessary part of compliance determination for model year 2009 therefore, the information collected under this rule will not be collected until c alendar ye ar 2008. A database shall be developed to store the information at that time

. (c) Small Entity Flexibility. Under the rule, there are provisions for small entity flexibility

. All respondents can appl y for extension of deadlines , including new container designs under existing emissions families. They can also appl y for exceptions for particular product use for atypical applications and sales. Hardship exceptions are provided when a manufacture is facing issues of solvency due to circumstan ces beyond their control such as a natural disa ster , a part supplier not meet ing contractual obligations , or the cost of conformance to the rule

. (d ) Collection Schedule. The portable fuel container regulation applies to all fuel containers manufacture d on or after January

1, 2009. Containers excluded from the rule are those specified in §59.699. In formation collections are on a model ye ar basis. Model years end on December 31 of the model year certified.- 10

-

6. Estimating the Burden and Cost of the C ollection These estimates represent the average annual burden that will be incurred by the affected industry during the 3

- ye ar period beginning in 2008
. Itis believed that most of the record keeping and reporting costs will shall be done at start up in 2008. (a ) Estimating Respondent Burden. The average annual labor burden estimates for reporting and rec ordkeeping requirements for all manufacturers presented in Table 3.

Table 3

– Estimated Annual Respondent Labor Hours and Costs

Salaries Manage ment Hours Per Emission Family Technical

H ours Per Emission Family ours Clerical

Hours Per Emission Family Total

Hours Costs Application 6 0 8 0 1 6 15 6 $ 6,967 Record Keeping 4 0 4 0 1 6 96 $ 4,447 Testing 4 0 25 0 2 0 310 $ 10,261 Defect and Warranty Reporting 2 0 4 0 1 6 76 $ 3,011 Annual totals 160 41 0 6 8 638 $ 24,687 (b ) Estimating Respondent Costs. (i ) Estimating Labor Costs Table 3 also presents estimated labor costs for the required reco rdkeeping and reporting activities. Industry

labor rates are based on Bureau of Labor Statistics 2 for a manager product inspector and o ffice and administrative support book keeping clerical. Overhead of 100 percent was added, resulting in the following l abor rates: management ($ 71
. 80 ); technical ($ 27
. 1 0 ); and clerical ($ 30.70 ). (i i) Estimating Capital and Operations and Maintenance Costs EPA estimates there will be ongoing O&M costs associated with the reporting and recordkeeping requirements for the po rtable gasoline container rule. These costs will be associated with communication of information with EPA. Those costs are found in Table 4. Respondents have indicated that they do not plan on building their own facilities to perform the

2 http://www.bls.gov/oes/current/naics4_326100.htm#b11

- 0000- 11

-

required testin g for the gasoline container regulation. They shall contract out the work to existing testing laboratories

. (i ii) Estimating Start Up Capital and Operations and Maintenance Costs Start up capitol costs for the respondent s are presented in Table 4. Th ese costs are associated with the development of the appropriate information technology to store and report the required information

.

Table 4

- Capital, Operating and Maintenance Costs Activity Average Number per Year per Respondent Total Costs Per Year Familiarize with reporting requirements One

- time amortized cost $ 300 Update data collection Software One

- time amortized cost $ 119 Communication with EPA 3 $ 10 0 Totals $ 519 (c) Estimating Agency Burden and Cost

. Agency burden and costs assoc iated with the data collection are presented in Table 4.

Table 5

- Estimated Agency Burden and Cost Collection Activity Burden Hours Frequency Annual

Burden Hours Annual Costs Modify database to manage the collected data, maintenance & computer time [1] 4 1 4 $ 236.63 Answer Respondent Questions 3 5 15 $ 907.99 Review and Approve Can Manufacturers Application and Certification Data 20 20 400 $24,213.12 Enter Data 1 20 20 $ 1,210.66 Annual Report 16 1 16 $ 968.52 Totals 455 $27,536.93 Labor rates and associated costs are based on Office of Personnel Management Table SALARY TABLE 2006

- GS 3 . Overhead of 60 per cent was added, resulting in the following labor rates: management (GS15 Step 5

- $ 79.50 ); technical (GS13 Step 5

- $ 57.20 ); and clerical (GS7 Step 5

- $ 27.12 ). The number of management hours is assumed to equal 5 percent of the

3 http://www.opm.gov/oca/06tables/pdf/gs_h.pdf- 12

-

number of technical hours; the number of clerical hours is assumed to equal 1 percent of the number of technical hours (d ) Estimating the Resp ondent Universe and Total Burden and Costs The following assumptions were used to estimate the respondent universe and total burden and costs for industry to compl y with the v arious requirements of the rule.

 There are ten manufactures of fuel containers for the domestic market

.

 The average number of emission families that will be produced per manufacture in the first five years of the rule will be one.

 The majority of the families will be carried over from successive model years.

 Manufactures will pro duce designs that will meet the standards. (e) Bottom Line Burden Hours and Cost Tables

. (i ) Respondent Tally The bottom line respondent burden hours and cost, presented in Table 3, are calculated b y summing the person

- hours column and by summing th e cost column. The annual burden and cost averaged over the 5 ye ars beginning in the ye ar 200 8 are 638 hours, $ 24,791 in wages, c apitol, and o perating and m aintenance c osts . The average burden equals the total burden ( 638 hours) divided b y the number o f respondents ( 10 respondents), or about 63.8 hours per respondent. (ii) Agency Tally The bottom line Agency

burden and cost are presented in Table 4. Agency cost for each activity is calculated by

summing the technical, management, and clerical cos ts for each burden item. The estimated annual burden and cost averaged over the 3 ye ars beginning in October 200 8 are 455 hours and $27,536.93

. (iii) Variations in the annual bottom line

. The EPA does not anticipate any significant annual variations in the bottom line after the first year the rule is in effect. (f ) Reasons for Change in Burden

. The burden report ed in this I CR is attributed to a new regulation. (g ) Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 63.8 hours respondent. Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, retain, or disclose or provide information- 13

-

to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing i nformation; adjust the existing way s to compl y 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 currentl y 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 I CR under Docket ID No. EPA

- HQ

- OAR

- 2005

- 0036 , which is available for online viewing at www.regulations.gov , or in person viewing at the Air and Radiation Docket and Information Center Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave nue , NW, Washington, DC. The EPA Doc ket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , exclu ding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Air and Radiation Docket and Information Center is (202) 566

- 1742. An electronic version of the pu blic docket is available at www.regulatio ns.gov . Use this site 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 sy stem, 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 Do cket ID No. EPA

- HQ

OAR

- 2005

- 0036 and OMB Control Number 2060

-New in an y correspondence.

Part B of the Supporting Statement This section is not applicable to this I CR.