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DRAFT

Supporting Statement

for

Information Collection Request

Control of Evaporative Emissions from New and In-Use 

Portable Gasoline Containers (Renewal)

EPA ICR 2213.03

April, 2010

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

(a) Title and Number of Information Collection.

"Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers 

(Renewal)", ICR 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 reports. 

All manufacturers of portable gasoline 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 

application information required is described in section (iii) (1) of this document and is required 

preceding sale of new portable gasoline containers. 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 warranty and defect report is required annually in July of the year following 

the model 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 any 

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 year. The 

information required in an application is as follows:

a. Description of the emission family’s specifications, distinguishable configuration,

detachable parts and their numbers, and other basic parameters of the emission 

controls;

b. Explanation of the emission control technology;

c. Description of the products selected for testing 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 specifications in the regulation;
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f. Maintenance, use instructions, and warranty information provided with the 

product to the ultimate purchaser of each new portable gasoline container;

g. Description and example of the emission control information label;

h. A statement that the emission family's products were tested as described and meet

the requirements of the regulation;

i. The emission data for the family's products that indicates that it met the applicable 

emission standards, except in the cases where the products only differ in model 

year 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 certification by the respondent that all the products in the 

emissions family comply with the requirements of the rule;

l. Estimates of U.S.-directed production volumes; and

m. Name of an agent for service of process located in the United States for any action 

by EPA related to the requirements for the rule.

(2) The respondent must keep records for each portable gasoline container tested (emission 

data unit) under the requirements of the rule. Each emission data unit has records for the 

following information:

a. The unit’s construction, including its origin and buildup, steps taken to ensure that 

it represents production containers, components built specially for it, and all the 

components included in the application for certification.

b. All emission tests, including documentation on routine and standard tests, as 

specified the rule. Each test report includes:

i. Test results;

ii. Purpose of test;

iii. Date and time of the test;

iv. Test cell ambient conditions during the test such as temperature, 

barometric pressure, and relative humidity;

v. Diagnostic data indicating conformance of the test procedure to the rule;

vi. Significant events that may affect the products' conformance with the rule;

vii. Production figures for each emission family divided by assembly plant;

viii. Maintenance instructions for the portable fuel containers in the family; and

ix. A running list of portable gasoline container identification numbers for all 

the containers produced under each certificate of conformity.

All the above information must be kept five years after a certificate of conformity is

issued for 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 any format and on any media, as long as it can be promptly 

delivered to EPA on request.
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(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 reports are due to 

EPA by July 1 for the preceding calendar year.

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) emissions 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 Group 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 container controls is found in Sections 183(e) 

and 111, 42 U.S.C. sections 7511b(e) and 7414. This authority was granted to regulate VOC

emissions from the use of consumer and commercial products. Portable gasoline containers are a 

consumer product which has 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 

containers is necessary to prove to the agency that the emissions family meets 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 

emissions 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 similar but not identical design. The information is also detailed enough to 

allow recertification for subsequent new model years where the only difference containers of the 

current and future model years is only the model year itself. The emissions family collection for 

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 agency are needed 

to assure that the containers 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 by EPA could 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:
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 Determine if a manufacture’s portable gasoline containers meet the emission standard 

when new;

 Allow the agency to issue a certificate of compliance to the manufacturer so that they can 

market the approved containers;

 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 that 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 regulation1. However, the California regulation is different in several key areas that 

make 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 Federal 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”, California Air Resources Board 

July 22, 2005
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An announcement soliciting public comment on this ICR was published in the Federal Register 

on _____ (___FR____). A copy 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 business. 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 discussions 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) Effects of Less Frequent Collection.

The requirement of the portable fuel container regulation is that information is submitted 

on a yearly basis coinciding with the manufacturer’s “model year.” The certificate of conformity 

is effective until December 31of the model year 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 conceivably 

effect the frequency of data collection. However, changes would have to be approved by EPA 

and can not lead to less effective emission control. 

(e) General Guidelines.

This ICR adheres to the guidelines for Federal data requesters, as provided at 5 CFR 

1320.5. The regulation requires that records concerning the application for certification be 

maintained for 5 years and testing data for 1 year. Successfully 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. These periods of record retention are consistent with other ongoing and similar 
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programs. They are necessary to allow enough record history for the agency to adequately 

monitor compliance. 

(f) Confidentiality.

Any information submitted to EPA for which a claim of confidentiality is made will be 

safeguarded according to EPA regulations 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. 

Respondents to this information collection are manufacturers of portable fuel containers. 

They fall within standard industrial classification (SIC) 3411 and within the North American 

Industrial Classification System (NAICS) code of 324110.

(b) Information Requested.

(i) Data items. 

Table 2, Source Data and Information Requirements, summarizes the recordkeeping and 

reporting requirements.
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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 Equipment §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 Description of Emissions Control Label §59.623

Application (Report) Compliance Statement of Compliance of Member Containers to 

Emissions 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
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(ii) Respondent Activities. 

The respondent will have to document fuel container specifications in detail such as 

physical 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 numbers to their certificates of conformance. Many of 

these activities are performed in the production of any modern consumer product, but clearly 

some of the information is uniquely required to the fuel container regulation 

5. The Information Collected--Agency 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 conducted 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 ICR, 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 calendar year 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 apply 

for extension of deadlines, including new container designs under existing emissions families. 

They can also apply 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 

circumstances beyond their control such as a natural disaster, a part supplier not meeting

contractual obligations, or the cost of conformance to the rule.

(d) Collection Schedule.

The portable fuel container regulation applies to all fuel containers manufactured on or 

after January 1, 2009. Containers excluded from the rule are those specified in §59.699. 

Information collections are on a model year basis. Model years end on December 31 of the 

model year certified. 
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6. Estimating the Burden and Cost of the Collection

These estimates represent the average annual burden that will be incurred by the affected 

industry during the 3-year period beginning in 2008. It is 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 recordkeeping requirements 

for all manufacturers presented in Table 3. 

Table 3 – Estimated Annual Respondent Labor Hours and Costs

Salaries

Management 

Hours

Per 

Emission 

Family

Technical

Hours

Per 

Emission 

Family

ours

Clerical

Hours

Per 

Emission 

Family Total 

Hours Costs

Application 60 80 16

 

156 $ 6,967

Record Keeping 40 40 16

 

96 $ 4,447

Testing 40 250 20

 

310 $ 10,261

Defect and Warranty

Reporting 20 40 16

 

76 $ 3,011

Annual totals 160 410 68 638 $ 24,687

(b) Estimating Respondent Costs.

(i) Estimating Labor Costs

Table 3 also presents estimated labor costs for the required recordkeeping and reporting 

activities. Industry labor rates are based on Bureau of Labor Statistics2for a manager product 

inspector and office and administrative support book keeping clerical. Overhead of 100 percent 

was added, resulting in the following labor rates: management ($71.80); technical ($27.10); and 

clerical ($30.70).

(ii) 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 portable 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
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required testing for the gasoline container regulation. They shall contract out the work to 

existing testing laboratories.

(iii) Estimating Start Up Capital and Operations and Maintenance Costs

Start up capitol costs for the respondents are presented in Table 4. These 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 $ 100

Totals $ 519

(c) Estimating Agency Burden and Cost.

Agency burden and costs associated 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-GS3. 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
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number of technical hours; the number of clerical hours is assumed to equal 1 percent of the 

number of technical hours

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

The following assumptions were used to estimate the respondent universe and total 

burden and costs for industry to comply with the various 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 produce 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 by 

summing the person-hours column and by summing the cost column. The annual burden and 

cost averaged over the 5 years beginning in the year 2008 are 638 hours, $ 24,791 in wages,

capitol, and operating and maintenance costs. The average burden equals the total burden (638

hours) divided by the number of 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 costs for each burden 

item. The estimated annual burden and cost averaged over the 3 years beginning in October 

2008 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 reported in this ICR 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 by persons to generate, maintain, retain, or disclose or provide information 
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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. 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 

Avenue, 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 and Radiation 

Docket and Information Center is (202) 566-1742. An electronic version of the public docket is 

available at www.regulations.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 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. EPA-HQOAR-2005-0036 and OMB Control Number 2060-New in any correspondence.

Part B of the Supporting Statement

This section is not applicable to this ICR.