**Information Collection Request Renewal**  **Supporting Statement**
**Nonconformance Penalties for Heavy -**  **Duty Engines and Heavy**  **- Duty Vehicles, Including Light**  **- Duty**  **Trucks**

EPA Number 1285.0 8 OMB No. 2060
- 0132

40 CFR Part 86, Subpart L

Certification & Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U.S. Environmental Protection Agency1

**1. Identification of the Informatio**  **n Collection 1(a)**  **Title and Number of the Information Collection** Nonconformance Penalties for Heav y - Dut y Engines and Heav y - Dut y Vehicles, Including Li ght
- Dut y Trucks; EPA ICR Number 1285.0 8 , OMB Control Number 2060
- 0132. **1(b) Short Characterization**  Nonconformance pe nalties (NCP) provisions allow manufacturer s to introduce into commerce heav y - duty

engines (HDEs) or heav y - duty vehicles (HDVs) and/or light
- dut y trucks that fail to conform to certain emission standards upon pay ment of a monetary

penalt y. The information collected from manufacturer s electing t o pay an NCP includes a description of their product(s) and test data to verify compliance. This information is collected b y the Diesel Engine Compliance Center (DECC) in the Comp liance Division (C D), Office of Transportation and Air Quality , Office of Air and Radiation (OAR), of the U.S. Envir onmental Protection Agency
. DECC uses this information to ensure that manufacturers are in compliance with Clean Air Act (Act) r egulations and are paying th e appropriate penalties. Besides DECC , this information could be used by the Office of Enforcement and Compliance Assurance and the Department of Justice for enforcement purposes. Non Confidential Business Information (CBI) information may be disclosed in a public database and over the Internet. Public data is used by trade associations, environmental groups, and the public. The information is usually submitted in an electronic format, and it is stored in HDNEG ’ s certification database. Onl y one engine manufacturer has elected to use the NCP provision s in the last several ye ars. EPA expects that only one manufacturer will respond to this collection with an approximate annual cost of $ 81,163
. **2. Need for and Use of the Collection**  **2(a) Need/Authority for the**  **C ollection**  Under Title II of the Clean Air Act, (42 USC 7521 et seq.), EPA is charged with issuing certificates of conformity for those vehicles and engines that compl y with applicable emission standards. Such certificates must be issued before vehicles or engines are legally introduced into commerce. To ensure compliance with these statutes, EPA reviews product information and manufacturers ' test results; EPA also tests some vehicles and engines to confirm manufacturers ' results. EPA ' s emission certification programs are statutorily mandated; the A gency does not have discretion to cease these functions. Under Section 206(g)(1) of the Act as amended (42 USC 7525):2 In the case of any class or category of heavy
- duty vehicles or engines to which a standard promulgated under section 202(a) of this Act applies, except as provided in paragraph (2), a certificate of conformity shall be issued under subsection (a) and shall not be suspended or revoked under subsection (b) for such vehi cle or engines manufactured by a manufacturer notwithstanding the failure of such vehicles or engines to meet such standard if such manufacturer pays a nonconformance penalty as provided under regulations promulgated by the Administrator after notice and o pportunity for public hearing. **2(b) Practical Utility/Users of the Data**  EPA uses the data to ensure manufacturers are complying with the regulations and that appropriate nonconformance penalties are being paid by the participants. The information will be received and used b y DECC , CD , OTAQ, OAR. Non
confidential portions of the information submitted to HDNEG are available to and used by manufacturers, engine users, environmental groups, members of the public and state and local gov ernment organizations.
**3. Nonduplication, Consultations and Other Collection Criteria**  **3(a) Nonduplication**  The information requested under this I CR is required by statute. Because of its specialized (and sometimes confidential) nature, and the fact that it must be submitted to EPA prior to the start of production, the information collected is not available from any other source. **3(b) Public Notice Required Prior to ICR Submission to OMB**  An announcement of the public comment period for this I CR renewal was published in the Federal Register (7 7 FR 18802 ) on March 28, 2012. This document may be accessed through the Federal Register's website at http://www.gpoaccess.gov/fr/index.html
. No comments were received in response to this I CR renewal. **3(c) Consultations**  Under the existing ICR, only one manufacturer has elected to participate in the NCP program. Given this low level of activity, EPA did not attempt to contact potential respondents, and chose instead to use the burden estimates provided by the respondents under the existing ICR. **3(d) Effects of Less Frequent Collection** 3

The CAA states that emission certification must be done on a ye arl y basis (CAA 206(a)(1)), coinciding with the industry ' s "model ye ar." Major product changes ty picall y occur at the st art of a model ye ar. For these reasons, manufacturers declare their intent to use NCPs once a ye ar, at the time of certification. A collection frequency of less than a model ye ar is not possible. However, EPA only requires the collection of Production Compliance Audit (PCA) inf ormation when a manufacturer elects to pay a nonconformance penalty and conduct a PCA. However, the NCP pay

ment and associated repo rt be submitted quarterl y . This frequency reflects the fact that engine manufacturing companies update their internal production volume reports every

quarter. Thus quarterl y reports and payments allow manufacturers to pay onl y what is needed, instead of making annual projections that may not reflect true production levels. This quarterl y reporting is consistent with other EPA programs, such as Production
- Li ne Testing, covered under other ICRs. **3(e) General Guidelines**  Manufacturers are required t o establish, maintain , and retain specific records under the regulation pertaining to all equipment us ed to test engines or vehicles, individual test results, information and test data, and a complete record of all emission tests performed. Required records shall be maintained by the manufacturer for a period of six years. The six
- year recordkeeping requ irement stems from the CAA mandate that manufacturers recall engines failing to meet emission standards throughout their useful lives. Records may be retained as hard copy or reduced to microfilm, automated data processing (ADP ) film, etc., depending on the manufacturer ' s record retention procedure, provided that in every case all the information contained in the hard copy is retained. Manufacturers are required to submit confidential business information such as sales data and certain sensitive technical descriptions (p lease see section 4(b)(i) for reference). This information is kept confidential in accordance with the Freedom of In formation Act, EPA regulations at 40 CFR Part 2, and class determinations issued by EPA ' s Office of General Counsel. Also, nonproprietary information submitted by manufacturers is held as confidential until the specific vehicle or engine to which it pertains is available for purchase. No other general guideline is exceeded b y this information collection. **3(f) Confidentiali**  **ty** Manufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality

is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR Part 2. For further detail, refer to section 3(e). **3(g) Sensitive Questions** 4

No sensitive questions are asked in this information collection. **4. Respondents and Information Requested**  **4(a) Respondents/NAICS Codes**  The respondents are manufacturers or importers of large on
- highway heavy duty engines. The following North American Industry Classification System (NAICS) codes are associated with this information collection: 333924 Industrial Truck, Tr actor, Trailer, and Stacker Machinery Manufacturing 336112 Li ght Truck and Utility Vehicle Manuf

acturing 336120 Heav y Dut y Truck Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336322 Other Motor Vehicl e Electrical and Electronic Equipment Manufacturing **4(b) Information Requested**  EPA requires a manufacturer that elects to pay an NCP to conduct a Production Compliance Audit (P CA) on the engines or vehicles the manufacturer selected for the program
. Selection of engines or vehicles for PCA testing must be initiated no later than five day s after the start of assembl y line product ion of the specified engine family
. The manufacturer must then pay the NCP, which is calculated according to formula specified in the regulations. The formula takes into account current emission standards and how much the engine family exceeds the standards as indicated in the PCA testing. The manufacturer must agree to recall any engines or vehicles introduced into commerce if the compliance level of the engine or vehicle exceeds the upper limit as determined by the PCA. The information collected from manufacturer electing t o pay an NCP includes a description of their product(s) and test data to verify compliance. This information is organized by "engine family " groups expected to have similar emission characteristics. Manufacturers must also retain needed records. The burden for a given engine family is reduced after the model ' s first production year, because data and information from previous years can be "carried over" when no significant changes have occurred. For instance, an engine family cert ified in model year 2012 can be certified in the 2013 model year b y "carry over" of data and paperwork from the 2012 model ye ar if no significant changes have occurred to the engine famil y between model years. Allowing manufacturers to carry over data and paperwork reduces testing costs, as well as eases significantl y the burden of putting together the application . Carry over reduces the need to conduct a PCA for each engine famil y on an annual basis as PCA data may be carried over to subsequent model year s when appropriate.5

**(i) Data Items**  The data items in Tables A through C below are required under this information collection. Each manufacturer is required to maintain records containing the information items in Tables A and B and submit the informatio n items listed in Table C
. **Table A General Information Required for NCPs**  **Information Item On**  **- Highway**  Description of Test Equipment 86. 1108(a)(1) Date and location of each test 86. 1108(a)(2)(i) Service mileage/hour accumulation 86. 1108(a)(2)(ii) Personnel contacts 86. 1108(a)(2)(iii) Repair descriptions and records 86. 1108(a)(2)(iv) Date engine or vehicle shipped and received 86. 1108(a)(2)(v) Emission test records 86. 1108(a)(2)(vi) Description of extraordinary events during PCA 86. 1108(a)( 2)(vii) Records Retention (6 years) 86. 1108(b)
**Table B Production Compliance Auditing**  **Information Item On**  **- Highway**  Test engine sample selection 86. 1110
- 87 Test procedure for PCA testing 86. 1111
- 87(a)(1) Service Accumulation 86. 1111
- 87(c) Shipment to test facility 86. 1111
- 87(e) Determination of Compliance Level 86. 1112
- 87(a)6 **Table C Calculation and Payment of Penalty**  **Information Item On**  **- Highway**  NCP Calculation 89.1113
- 87(a) Quarterly Penalty Payment 86.1113
- 87(g)(1) Quarterly Information Reporting 86.1113
- 87(g)(1) EPA is currentl y working on expanding the pollutants and years manufacturers can use NCPs for. The information collected and burden will remain the same. **(ii) Respondent Activities**  The ty pe of activities a manu facturer would conduct to participate in the nonconformance penalty program for a specified engine famil y are as follows:
● R eview the regulations ● T est engines for production compliance audit ● G ather emission data ● Conduct Performance Compliance Audit (PCA) ● S ubmit the PCA data/report ● R etain and maintain records ● S ubmit quarterly

production reports and NCP payments **5. The Information Collected**  **-- Agency Activities, Collection**  **Methodology, and Information Management**  **5(a) Agency Activities**  A significant portion of EPA ' s NCP activity is spent reviewing the application, verifying that the correct engines have been selected and appropriatel y tested, determining the applicable compliance level and corresponding nonconformance penalty , ensuring app licable fees are paid, storing the data and answering manufacturers ' questions. A part of the NCP process involves determining if "carry
- over" of data from a previous model year is appropriate or if new testing will be required. The agency also analyzes requests for confidentiality and provides appropriate protection. **5(b) Collection Methodology and Management**  EPA currentl y makes extensive use of computers in gathering and evaluating information from vehicle and engine manufacturers. Today , most of the information is received through electronic means, such as our secured web portals, email and CDs.7

Once an NCP application is received, the information is stored in a database so facilitate its review and anal ys is. Quarterl y reports are submitted electronicall y or on paper, per manufacturer’s preference. Non
- confidential parts of the application can be accessed b y the public by contacting the DECC
. **5(c) Sm**  **all Entity Flexibility** There is no small entity

flexibility

specific to the NCP requirements. However, small on
highway engine manufacturers may use optional procedures outlined in 86.098
- 14 to demonstrate compliance with the general standards and specific emission requirements. The information being requested is considered to be the minimum needed to effectivel y conduct and maintain integrity of the NCP program. **5(d) Collection Schedule**  Required data must be submitted for each en gine family on a ye arl y basis for each "model ye ar" that a manufacturer intends to build (or import) an engine model. Taking these considerations into account, manufacturers normally submit information on an annual basis and submit their applications at their earliest convenience. Nonconformance penalties must be paid by specified quarterl y due dates or according to such schedule as the Administrator may approve based on a manufacturer request. The manufacturer must submit corporate identification, ident ification and quantity of engines or vehicles subject to the NCP, certificate identification number and date, NCP pay ment calculations, and a statement of compliance with requirements and endorsement.
**6. Estimating the Burden and Cost of the Collection**  Please refer to Tables E and F for details. **6(a) Estimating Respondent Burden**  Under the existing ICR, only one manufacturer has elected to participate in the NCP program. Given this low level of activity, EPA did not attempt to contact potential respondents, and chose instead to use the burden estimates provided by the respondents under the existing ICR. In estimating respondent burden for the NCP program, time was allocated for regulation review, training, records maintenance, quarterl y reporting and production compliance auditing. Performing the PCA includes hours for engine sel ection, engine service accumulation to stabilize8

new engine performance, engine testing, engine reallocation within the manufacturer ' s distribution system, preparation of the PCA report and maintenance of PCA testing records. **6(b) Estimating**  **Respondent Costs (i)**  **Estimating Labor Costs** To estimate labor costs, EPA used the Bureau of Labor Statistics ' (BLS) National Industry
- specific Occupational Wage Estimates (May 20 11 ) for the E ngine and Turbines Industry under Standard Industrial Classi fication (SI C) code 351 and increased by a factor of 2
. 1 to account for benefits and overhead. (see: http://www.bls.gov/oes/current/naics4_333600.htm ). A reference between the applicable SIC and NAICS codes used to update hourly rates for this ICR is available on the BLS website at: http://www.bls.gov/ppi/ppisicnaics14.htm
. Mean, hourly rates were used for this estimate and are listed b elow
. **Table D**  **Labor Costs Estimates Occupation**  **SOC Code Number**  **Me an Hourly** 

**Rate (BLS) Rate** 

**Increased by Factor**  **of 2.1**  Mechanical Engineers 17 - 2141 $37.98 $79.76 Engineering Managers 11 - 9041 $55.25 $116.03 Secretaries, Except Legal, Medical and Executive 43 - 6014 $17.04 $35.78
**(ii) Estimating Capital and Operations and Maintenance Costs**  Operation and m aintenance costs associated with all programs covered b y this information collection include CDs used to submit electronic files , postage , phone calls and testing expenses . It also includes fuel costs related to PCA mileage accumulation and testing for selected test engines. Wherever possible, EPA obtained and used current costs. For others, EPA used the Consumer Price Index Inflation Calc ulator on the BL S website to determine the updated cost (available at http://www.bls.gov/data/inflation_calculator.htm), with the estimated value rounded to the nearest one hundred. There are no capital costs associated with this collection. Related capital costs for engine manufacturers for test equipment, computers and facilities are covered under the certification program. EPA does not expect any additional capital costs related to this NCP collection. **(iii) Capital/Start**  **- Up and Operations and Maintenance Costs** 9

Operation and maintenance costs associated with all programs covered b y this information collection are l isted in Table E
. There are no capital or start up costs associated with the renewal of this I CR. (See 6(b)(ii) for details.) **(iv) Annualizing Capital Costs**  There are no capital costs associated with the renewal of this IC R. (See 6(b)(ii) for details.) **6(c) Estimating Agency Burden**  Gover nment cost is based on GS
- 13 /10 salary for professional engineers & lawyers ($ 44.65 /hr), adjusted b y a factor of 1.6 to account for government benefits, resulting in a final rate of $ 71.44 /hr. For managers, the hourly rate used is that of a GS
- 14/10 at $52 .76, for a final rate of $84.42. The hourly rate was obtained from the Office of Personal Management, "Salary Table 20 12
- GS" ( http://www.opm.gov/oca/12tables/html/gs_h.asp ). Table F summarizes EPA’s burden. Agency

time is allocated for review of the NCP application, review of the PCA data, determination of the emission compliance level and review of the quarterly reports and NCP fee calculation. **6(d) Estimating the Respond**  **ent Universe and Total Burden and Costs** In the past several ye ars, only one manufacturer has participated in the NCP program annually with three to four engine families each year. EPA expects that only this one manufacturer will need to utilize the program. For purposes of estimating respondent burden, EPA has estimated that one manufacturer will use NCPs for four families each ye ar. Two of these families will require new testing while the other two will be carry over families that can utilize the result s of the PCA performed previously. The numbers for the new testing families have been annualized , since those will become carry over families on subsequent years . **6(e) Bottom Line Burden Hours and Cost Tables**  **(i) Respondent Tally** 

 Number of Respondents: 1
 Number of Activities: 10
 Total Hours Per Year: 541
 Total Labor Cost Per Year: $ 41,819
 Total Annual Capital Cost: 010  Total Annual O&M Costs: $ 39,344
 Total Costs: $ 81,163 **(ii) Agency Tally** 

 Number of Responses: 1

 Number of Activities: 4
 Total Hours Per Year: 117
 Total Labor Cost Per Year: $8,839
 Total Annual Capital Cost: 0
 Total Annual O & M Costs: $ 56
 Total Costs: $ 8,895 **6(f) Reasons for Change in Burden**  T otal burden has decrease d due to a decrease in the estimated amount of respondents and responses. While the previous I CR estimated that 2 manufacturers would utilize NCPs, with three engine families each. Based on past and current experience, EPA now estimates that only one manufacturer will use N CPs with a total of 4 engine families. The average burden per response has decreased only by 0.5 hour (from 23 hours/response to 22.5). This reflects increase use of electronic methods for reporting and recordkeeping. **6(g) Burden Statement**  The annual public reporting and recordkeeping burden for this collection is estimated to average 23 hours per response . Burden means the total time, effort, or financial resources expended by

persons to generate, maintain, retain, or disclose or provide i nformation to or for a Federal agency . This includes the time needed to review instructions; develop, acquire, install, and utilize technology

and sy stems for the purposes of collect ing, va lidating, and verifying information, processing and maintaining in formation, and disclosing and providing information; adjust the existing way s to comply with an y previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and re view 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 display s 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 15.11

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
- 0120 , which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA D ocket Center (EPA/DC), EPA West, Room 3334 , 1301 Constitution Ave., 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 Fri day , excluding legal holiday s. The telephone number for the Reading Room is (202) 566
- 1744, and the telephone number for the Air and Radiation Docket is (202) 566
- 1742. The electronic version of the public docket at the site www.regulations.gov c an be used 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 Docket ID Numb er (EPA
HQ
- OAR
- 2005
- 0120 ) and OMB C ontrol Number ( 20 60
- 0132 ) in an y correspondence.