Supporting
Statement
for
Information
Collection
Request
Recordkeeping
and
Reporting
Requirements
for
the
Fuel
Quality
Regulations
for
Diesel
Fuel
Sold
in
2001
and
Later
Years
EPA
ICR
1718.04
May
2001
Transportation
and
Regional
Programs
Division
Office
of
Transportation
and
Air
Quality
U.
S.
Environmental
Protection
Agency
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
Of
The
Information
Collection
ICR:
Recordkeeping
and
Reporting
Requirements
for
the
Fuel
Quality
Regulations
for
Diesel
Fuel
Sold
in
2001
and
Later
Years
OMB
Control
Number:
2060­
0308
1(
b)
Short
Characterization/
Abstract
The
pollution
emitted
by
diesel
engines
contributes
greatly
to
our
nation's
continuing
air
quality
problems.
On
January
18,
2001,
EPA
published
a
final
rule
that
would
establish
standards
for
heavy­
duty
engines
and
vehicles
and
for
highway
diesel
sulfur
control.
New
emissions
standards
for
these
engines
and
vehicles
will
apply
starting
with
model
year
2007.
Since
the
new
technology
developed
will
require
low
sulfur
diesel
fuel
(
15
ppm
sulfur
or
less),
the
regulations
require
the
availability
of
this
fuel
starting
by
no
later
than
2006,
with
all
highway
diesel
fuel
required
to
meet
the
15
ppm
standard
by
2010.
See
"
Control
of
Air
Pollution
from
New
Motor
Vehicles:
Heavy­
Duty
Engine
and
Vehicle
Standards
and
Highway
Diesel
Fuel
Sulfur
Control
Requirements,"
66
FR
5002
(
January
18,
2001).

The
diesel
sulfur
rule
contains
many
types
of
flexibility
aimed
at
reducing
burdens
on
small
businesses
and
those
faced
with
particular
hardships.

All
refiners
producing
highway
diesel
fuel
and
all
importers
are
able
to
take
advantage
of
the
temporary
compliance
option
offered
in
the
final
regulations
at
40
CFR
§
80.530.
This
option
would
generally
permit
the
refiner
or
importer
to
continue
to
produce
or
import
fuel
meeting
a
500
ppm
sulfur
standard
until
May
31,
2010
through
the
use
of
marketable
credits.

Diesel
producers
who
market
gasoline
in
the
geographic
phase­
in
area
defined
in
the
gasoline
sulfur
regulations
may
receive
additional
flexibility
under
this
diesel
fuel
program
(
see
40
CFR
§
§
80.217
and
80.540).
Refiners
that
seek
and
are
granted
small
refiner
status
may
have
their
choice
of
three
options:


500
ppm
option.
A
small
refiner
may
continue
to
produce
and
sell
diesel
fuel
meeting
the
500
ppm
sulfur
standard
for
four
additional
years,
i.
e.,
until
June
1,
2010,
provided
that
it
reasonably
ensures
the
existence
of
sufficient
2
volumes
of
15
ppm
fuel
in
the
marketing
area(
s)
that
it
serves.


Small
refiner
credit
option.
A
small
refiner
that
chooses
to
produce
15
ppm
fuel
prior
to
June
1,
2010
may
generate
and
sell
credits
under
the
broader
temporary
compliance
option.
Since
a
small
refiner
has
no
requirement
to
produce
15
ppm
fuel
under
this
option,
any
fuel
it
produced
below
15
ppm
sulfur
would
qualify
for
generating
credits.


Diesel/
gasoline
compliance
date
option.
For
small
refiners
that
are
also
subject
to
the
gasoline
sulfur
program
(
see
40
CFR
subpart
H),
the
refiner
may
choose
to
extend
the
duration
of
its
applicable
interim
gasoline
standards
by
three
years,
provided
that
it
produces
all
of
its
highway
diesel
fuel
at
15
ppm
sulfur
beginning
on
June
1,
2006.

In
addition,
exemptions
are
possible
for
research
and
development
purposes.
The
specific
recordkeeping
and
reporting
requirements
for
this
program,
and
associated
flexibilities,
are
discussed
below.
For
a
more
detailed
description
of
the
diesel
program,
please
refer
to
the
January
18,
2001
Federal
Register
notice.

This
Information
Collection
Request
(
ICR)
would
make
ICR
additions
to
the
existing
fuels
regulations
applicable
to
diesel
fuel
under
ICR
number
1718.02,
which
expires
July
31,
2001.
(
ICR
number
1718.03
has
been
reserved
for
its
renewal.)
The
additional
requirements
covered
under
this
ICR
were
included
in
the
final
rule
published
in
the
Federal
Register
on
January
18,
2001.
Although
the
rule
becomes
effective
on
March
19,
2001,
the
first
maintenance
and/
or
collection
of
information
under
this
rule
is
not
required
until
the
generation
of
early
credits,
if
any,
starting
as
early
as
June
1,
2001.
(
For
a
discussion
of
early
credits
and
other
information
related
items,
please
refer
the
discussion
below.)

The
information
under
this
ICR
will
be
collected
by
EPA's
Transportation
and
Regional
Programs
Division,
Office
of
Transportation
and
Air
Quality,
Office
of
Air
and
Radiation
(
OAR),
and
by
EPA's
Air
Enforcement
Division,
Office
of
Regulatory
Enforcement,
Office
of
Enforcement
and
Compliance
Assurance
(
OECA).
The
information
collected
will
be
used
by
EPA
to
evaluate
compliance
with
diesel
sulfur
control
requirements
under
the
diesel
rule.
This
oversight
by
EPA
is
necessary
to
ensure
attainment
of
the
air
quality
goals
of
the
diesel
program.

The
scope
of
the
recordkeeping
and
reporting
requirements
for
each
type
of
party
(
e.
g.,
refiners,
marketers,
or
retailers
3
of
diesel),
and
therefore
the
cost
to
that
party,
reflects
the
party's
opportunity
to
create,
control
or
alter
the
sulfur
content
of
diesel
fuel.
As
a
result,
refiners
and
importers
will
generally
have
more
requirements
than
parties
downstream
from
the
diesel
production
or
import
point,
such
as
retailers.
EPA
has
made
every
effort
to
minimize
recordkeeping
and
reporting
burdens
and
to
ensure
that
parties
do
not
have
to
submit
duplicate
information.
For
example,
a
refiner
or
importer
who
has
already
registered
under
the
reformulated
gasoline
and
anti­
dumping
program
(
ICR
number
1591.13,
OMB
control
number
2060­
0277)
is
not
required
to
resubmit
the
same
information
for
purposes
of
this
program.

It
is
estimated
that
there
will
be
48,690
reports,
72,648
burden
hours,
and
total
costs
(
labor,
overhead
and
maintenance,
purchased
services,
and
annualized
capital
costs)
of
$
9,208,880.
This
figure
includes
the
initial
burden
associated
with
learning
and
adapting
to
the
new
requirements.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
For
The
Collection
EPA
issued
a
final
rule
establishing
a
comprehensive
national
control
program
that
will
regulate
the
heavy­
duty
vehicle
and
its
fuel
as
a
single
system.
As
part
of
this
program,
new
emissions
standards
will
begin
to
take
effect
in
model
year
2007,
and
will
apply
to
heavy­
duty
highway
engines
and
vehicles.
These
standards
are
based
on
the
use
of
highefficiency
catalytic
exhaust
emission
control
devices
or
comparably
effective
advanced
technologies.
Because
these
devices
are
damaged
by
sulfur,
we
are
also
reducing
the
level
of
sulfur
in
highway
diesel
fuel
significantly
by
mid­
2006.
The
program
provides
substantial
flexibility
for
refiners,
especially
small
refiners,
and
for
manufacturers
of
engines
and
vehicles.
These
options
will
ensure
that
there
is
widespread
availability
and
supply
of
the
low
sulfur
diesel
fuel
from
the
very
beginning
of
the
program
and
that
high
sulfur
and
low
sulfur
fuels
are
segregated
at
all
points
in
the
distribution
system.
This
rule
also
provides
for
exemptions,
upon
application,
for
research,
development,
and
testing
purposes.

This
supporting
statement
describes
the
recordkeeping
and
reporting
requirements
and
the
associated
costs
to
various
parties
(
e.
g.,
refiners,
importers,
distributors,
and
retailers
4
of
diesel
fuel).
These
requirements
are
necessary
to
enable
the
Administrator
to:

(
1)
Identify
the
sources
of
diesel
fuel;
and
(
2)
Ensure
that
these
sources
comply
with
the
standards
and
limitations
of
the
rules.

An
effective
enforcement
scheme
is
necessary
to
ensure
that
the
environmental
goals
of
the
diesel
program
are
met,
and
that
those
complying
with
the
requirements
in
good
faith
are
not
disadvantaged
by
noncomplying
parties.
The
diesel
program
requirements
create
a
significant
economic
incentive
for
noncompliance.

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.
Relevant
portions
of
the
statutes
referenced
above
can
be
found
in
the
Attachment.
The
current
regulations
applicable
to
motor
vehicle
diesel
fuel
can
be
found
in
40
CFR
Part
80,
Regulation
of
Fuels
and
Fuel
Additives.
The
regulations
associated
with
this
information
collection
are
contained
in
the
final
rule
for
the
diesel
rulemaking.
These
regulations
are
not
attached
to
this
statement
due
to
their
length
and
general
technical
nature.
The
final
rule
was
published
in
the
Federal
Register
on
January
18,
2001.
(
66
FR
5002.)

2(
b)
Practical
Utility/
Users
of
the
Data
EPA
will
use
the
information
contained
in
the
annual
reports
required
by
this
information
collection
to
evaluate
the
compliance
of
parties
involved
in
the
production
and
importation
of
diesel
with
the
motor
vehicle
diesel
fuel
requirements.
These
reports
will
also
be
used
by
EPA
to
target
compliance
investigations.
Any
baseline
information
submitted
by
refiners
in
order
to
generate
early
credits
will
be
used
to
ensure
that
credits
generated
are
correctly
determined.
PTDs
maintained
by
parties
in
the
diesel
fuel
distribution
system
and
records
related
to
diesel
blending
will
be
used
to
evaluate
the
compliance
of
the
parties
that
maintain
the
records,
and
to
help
evaluate
upstream
compliance.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
5
Efforts
have
been
made
to
eliminate
duplication
in
this
information
collection.
Where
possible,
information
requirements
from
various
organizations
within
the
Agency
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.

To
minimize
the
information
collection
burden,
refiners
and
importers
who
are
registered
under
the
RFG
program
(
40
CFR
80.76)
are
considered
to
have
satisfied
the
registration
requirements
under
the
diesel
rule.
This
also
applies
to
the
registration
requirements
for
refiners
subject
to
the
small
refiner
or
temporary
hardship
relief
provisions,
and
refiners
and
importers
subject
to
the
GPA
standards.
Refiners
and
importers
who
are
not
already
registered
with
EPA
must
register
in
accordance
with
the
registration
requirements
under
the
RFG
program.

3(
b)
Public
Notice
Prior
to
Submission
to
OMB
Public
comment
has
been
solicited
on
this
ICR.
The
first
Federal
Register
notice
announcing
availability
of
this
ICR
was
published
on
May
23,
2001.
The
comment
period
closed
on
July
23,
2001.
No
comments
were
received.
The
notice
was
then
prepared
for
submission
to
OMB.

3(
c)
Consultations
EPA
has
discussed
aspects
of
this
information
collection
with
representatives
of
regulated
industry.

As
part
of
its
effort
to
comply
with
the
requirements
of
the
Small
Business
Regulatory
Enforcement
Fairness
Act
(
SBREFA)
requirements,
EPA
met
several
times
with
small
entity
representatives.
Additionally,
EPA
convened
an
intergovernmental
panel,
in
accordance
with
the
SBREFA,
which
met
with
small
entity
representatives
and
made
specific
recommendations
to
EPA
regarding
the
impact
of
diesel
sulfur
control
on
small
businesses.
These
recommendations
were
carefully
considered
by
EPA
in
developing
the
proposed
and
final
rules
and
the
specific
provisions
for
qualifying
small
refiners.
A
copy
of
the
Panel's
report
is
available
in
the
docket
for
this
regulatory
action.
The
docket
number
is
A­
99­
06
and
the
docket
is
located
at
U.
S.
Environmental
Protection
Agency,
Air
Docket
(
6102),
Room
M­
1500,
401
M
Street,
S.
W.,
Washington,
DC
20460.
Docket
hours
are
from
8:
00
a.
m.
to
5:
30
p.
m.
Monday
to
Friday,
except
on
government
holidays.
The
Air
Docket
telephone
number
is
(
202)
260­
7548.
6
The
Panel
report
contains
a
list
of
the
fuel
industry's
participating
small
entity
representatives,
and
provides
a
summary
of
their
comments.

3(
d)
Effect
of
Less
Frequent
Collection
The
diesel
rule
requires
refiners
and
importers
to
submit
annual
reports
which
will,
by
the
information
contained
therein,
demonstrate
a
party's
compliance
with
the
applicable
sulfur
standards.
Less
frequent
submittal
of
such
reports
would
severely
hinder
EPA's
ability
to
monitor
compliance,
and
would
likely
lead
to
noncompliance.

3(
e)
General
Guidelines
This
information
collection
activity
complies
with
the
guidelines
in
5
CFR
1320.6,
except
that
respondents
are
required
to
keep
certain
records
for
longer
than
three
years.
Specifically,
all
parties
are
required
to
keep
PTDs
and
records
of
quality
assurance
testing
(
if
conducted)
for
five
years.
Refiners
and
importers
are
also
required
to
keep
their
compliance
records
for
five
years.
The
PTD
information
will
facilitate
EPA's
identification
of
the
source
of
any
diesel
fuel
found
to
be
in
violation
of
the
sulfur
standard.
These
recordkeeping
requirements
should
impose
little
additional
burden.
Five
years
is
the
applicable
statute
of
limitations
for
fuel
programs.
See
28
U.
S.
C.
2462.

Refiners
and
importers
will
be
submitting
a
limited
amount
of
proprietary
information
in
their
annual
reports.
Those
submitting
a
baseline
or
applying
for
one
of
the
flexibility
options
such
as
small
refiner,
GPA
or
temporary
relief
provisions,
will
be
submitting
additional
proprietary
information.

This
type
of
information
has
been
collected
in
the
past
and
will
be
safeguarded
in
the
same
manner
as
data
required
by
other
EPA
directives.
Pertinent
information,
whether
kept
by
the
respondent
or
by
a
contractor,
is
subject
to
auditing
by
EPA.
Consequently,
EPA
officials
will
require
entry
and
access
to
facilities.

3(
f)
Confidentiality
As
discussed
in
3(
e)
above,
proprietary
information
will
be
submitted
by
refiners
and
importers.
Confidentiality
for
such
information
is
covered
by
established
Agency
procedures
and
the
7
regulations
at
40
CFR
Part
2.

3(
g)
Sensitive
Questions
No
questions
of
a
sensitive
nature
are
asked
in
this
information
collection.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
COLLECTED
4(
a)
Respondents/
SIC
Codes
The
respondents
to
this
information
collection
are:
­
Refiners
(
both
domestic
and
foreign
refiners
who
manufacture
diesel
for
use
in
the
U.
S.)
­
Importers
of
diesel
into
the
U.
S.
­
Diesel
distributors,
carriers,
wholesale
purchaserconsumers
and
retailers
­
Users
of
research
and
development
diesel
(
testing
laboratories)

Recordkeeping
and,
in
some
cases,
reporting
are
required
by
the
following
industries:
refiners
(
2911),
importers
(
5172),
pipelines
(
4613),
petroleum
marketers
and
and
other
distributors
(
5171,5172),
terminals
(
4226),
fuel
oil
dealers
(
5983),
fuel
additive
manufacturers
(
5172,
2911),
and
petroleum
retailers
and
wholesale
purchaser­
consumers
(
5541).

Some
of
the
required
records
­
like
product
transfer
documents
­
(
PTDs)
are
generated
and
maintained
in
the
normal
course
of
business
(
i.
e.,
customary
business
practices,
or
"
CBP").
Diesel
fuel
additive
manufacturers
who
sell
bulk
additives
to
terminals
will
have
a
new
requirement
to
generate
PTDs
describing
the
sulfur
content
of
such
additives.
This
burden
on
additive
manufacturers
should
be
minimal.
Without
the
required
records,
EPA
would
be
unable
to
enforce
the
diesel
sulfur
requirements.

4(
b)
Information
Requested
1.
Data
Items
Knowledge
of
the
following
definitions
at
40
CFR
Part
2
is
important
for
a
thorough
understanding
of
the
reporting
and
recordkeeping
requirements:

"
Diesel
fuel"
means
any
fuel
sold
in
any
state
or
Territory
of
8
the
United
States
and
suitable
for
use
in
diesel
motor
vehicles,
diesel
motor
vehicle
engines
or
diesel
nonroad
engines,
and
which
is
commonly
or
commercially
known
or
sold
as
diesel
fuel.

"
Motor
vehicle
diesel
fuel"
means
any
diesel
fuel,
or
any
distillate
product,
that
is
used,
intended
for
use,
or
made
available
for
use,
as
a
fuel
in
diesel
motor
vehicles
or
diesel
motor
vehicle
engines.

"
Refinery"
means
a
plant
in
the
United
States
at
which
gasoline
or
diesel
fuel
is
produced.

"
Foreign
refinery"
means
a
refinery
that
is
located
outside
the
United
States.

"
Refiner"
means
any
person
who
owns,
leases,
operates,
controls,
or
supervises
a
refinery.

"
Small
refiner"
means
a
refiner
who
produces
diesel
fuel
at
a
refinery
by
processing
crude
through
refinery
units,
employed
fewer
than
an
average
of
1,500
people
from
January
1,
1999
to
January
1,
2000,
had
an
average
crude
capacity
less
than
or
equal
to
155,000
barrels
per
calendar
day
(
bpcd)
for
1999,
and
that
has
submitted
an
application
and
received
EPA
approval
under
40
CFR
§
80.550.

"
GPA"
refers
to
the
"
geographic
phase­
in
area"
as
explained
under
the
gasoline
sulfur
regulations
at
40
CFR
§
80.217.

"
GPA
refiner"
means
a
refiner
that
has
submitted
an
application
and
received
EPA
approval
to
continue
the
GPA
standards
in
2007
and
2008
under
40
CFR
§
80.540.

"
Importer"
means
a
person
who
imports
gasoline,
gasoline
blending
stocks
or
components,
or
diesel
from
a
foreign
country
into
the
United
States
(
including
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
American
Samoa,
and
the
Northern
Mariana
Islands.

"
Sulfur
percentage"
is
the
percentage
of
sulfur
in
diesel
fuel
by
weight,
as
determined
using
one
of
the
test
methods
specified
in
the
regulations.

"
Batch
of
motor
vehicle
diesel
fuel"
means
a
quantity
of
diesel
fuel
which
is
homogenous
with
regard
to
those
properties
that
are
specified
for
motor
vehicle
diesel
fuel
under
40
CFR
subpart
I.

"
Motor
vehicle
diesel
fuel
additive"
means
any
substance
not
9
composed
of
purely
carbon
and/
or
hydrogen,
or
of
diesel
blendstocks,
that
is
added,
intended
for
adding,
used,
or
offered
for
use
in
motor
vehicle
diesel
fuel
subject
to
its
production.

2.
Recordkeeping
and
Reporting
Requirements
a.
General
Recordkeeping
and
Reporting
Requirements
Applicable
to
Refiners
and
Importers
Registration.
(
See
40
CFR
§
80.597.)
The
diesel
sulfur
program
requires
that
refiners
and
importers
who
are
either
currently
producing
and
supplying
highway
diesel
fuel,
or
that
expect
to
do
so
by
June
1,
2006,
must
register
with
EPA
by
December
31,
2001.
Where
a
registrant
has
already
provided
information
under
the
reformulated
gasoline
and
anti­
dumping
program
(
see
40
CFR
§
80.76),
that
registrant
is
not
required
to
re­
register
under
this
diesel
program.
Most
refiners
and
importers
will
have
already
registered
and
we
estimate
that
we
will
receive
fewer
than
35
registrants
by
the
December
31,
2001
date
and
15
new
registrants
or
updates
to
previously
filed
registrations
per
year
thereafter.
Registration
information
can
be
submitted
on
the
existing
company
and
facility
forms
used
for
reformulated
gasoline
and
antidumping

Pre­
Compliance
Reports.
(
See
40
CFR
§
80.594.)
By
June
1,
2003,
all
refiners
and
importers
must
generally
report
on
their
progress
towards
meeting
the
diesel
sulfur
standard
of
15
ppm.
Pre­
compliance
reports
are
also
due
on
June
1,
2004
and
June
1,
2005.
Pre­
compliance
reports
may
be
submitted
electronically
or
on
paper
and
must
describe
any
changes
related
to
registration,
volume
estimates
for
both
15
ppm
and
500
ppm
diesel
fuel
to
be
produced
from
crude
oil
and
other
sources,
estimates
as
to
the
number
of
credits
to
be
earned
and/
or
used,
and
information
indicating
progress
toward
making
necessary
capital
commitments
and
modifications
to
produce
15
ppm
diesel
fuel
by
the
appropriate
date.
All
pre­
compliance
reporting
ends
with
the
annual
report
due
on
June
1,
2005.
Pre­
compliance
reports
must
be
accompanied
by
a
written,
signed
certification
by
a
responsible
corporate
officer.

Annual
reports,
underlying
records,
and
electronic
reporting.
(
See
40
CFR
§
§
80.592(
b)
and
80.593.)

Beginning
with
June
1,
2006
or
the
first
compliance
period
during
which
credits
are
generated,
any
refiner
or
importer
who
produces
or
imports
diesel
fuel
subject
to
the
500
ppm
sulfur
standard
or
who
generates
credits
under
the
diesel
program
must
submit
annual
reports
to
EPA.
The
annual
reports
are
due
the
last
day
of
February
for
the
previous
year's
activity.
10
Annual
reports
must
contain
the
following
information:
name
of
the
company
and
registration
number,
volume
and
quality
data
for
all
diesel
fuel
produced
for
sale
within
the
United
States
during
the
compliance
period,
what
percentage
of
fuel
met
the
15
ppm
and
500
ppm
sulfur
standards,
and
information
regarding
credits
generated,
used,
and/
or
transferred.
(
See
40
CFR
§
80.593.)
Small
refiners
will
be
required
to
provide
minimal
additional
information,
which
varies
according
to
which
small
refiner
option
the
refiner
will
be
using.
(
See
section
IV.
C
of
the
January
18,
2001
Federal
Register
notice
and
the
small
refiner
discussion
below.)
All
annual
reports
must
be
accompanied
by
a
written,
signed
certification
by
a
responsible
corporate
officer.

Records
related
to
the
annual
reports
must
be
maintained
for
at
least
five
years.
Beginning
June
1,
2006
or
the
first
compliance
period
during
which
credits
are
generated,
whichever
is
earlier,
any
refiner
or
importer
continuing
to
produce
500
ppm
motor
vehicle
diesel
fuel
must
keep
records
that
including
the
following
information
for
each
batch
of
diesel
fuel
produced
by
all
refiners
or
imported
by
all
import
facilities
subject
to
one
of
the
flexibilities:

1)
batch
volume;
2)
batch
number;
3)
date
of
production
or
import;
4)
PADD
of
production/
import;
and
5)
designation
of
the
batch
as
meeting
the
15
ppm
or
500
ppm
sulfur
standard.

For
foreign
refiners
and
importers,
designations
and
other
records
required
under
40
CFR
§
80.620
are
also
required.
Importers
are
required
to
keep
records
identifying
and
verifying
the
source
of
each
batch
of
certified
and
non­
certified
foreign
refiner
diesel
fuel
under
40
CFR
§
80.620.
(
See
40
CFR
§
80.592(
c).)

For
all
refiners
and
importers,
who
generate
credits,
the
following
records
must
be
kept
separately
for
each
refinery
and
by
PADD
of
production/
import
for
for
each
credit
trading
area
(
in
the
case
of
an
importer):

1)
the
number
of
credits
possessed
at
the
beginning
of
the
year;
5)
the
number
of
credits
generated
during
the
year;
6)
the
number
of
credits
used
during
the
year;
7)
information
about
any
party
from
whom
credits
were
obtained
or
to
whom
credits
were
traded,
including
that
party's
EPA
11
registration
number;
8)
any
credits
that
will
carry
over
into
(
the)
subsequent
year(
s);
and
9)
any
other
commercial
documents
related
to
transfer
of
credits.

It
is
our
intention
to
accept
all
diesel
program
annual
reports
in
a
highly
simplified,
electronic
format
(
i.
e.,
either
within
a
common
commercial
spreadsheet
or
as
a
comma
delimited
text
file).
We
believe
that
this
will
minimize
the
cost
of
reporting
for
regulated
parties
and,
based
upon
our
experience
with
electronic
reporting
in
other
fuels
programs,
will
be
widely
embraced
by
regulated
parties.

We
will
request
encryption
in
order
maintain
strict
protection
of
these
submissions,
which
are
generally
covered
by
a
claim
of
"
confidential
business
information"
(
CBI).
The
signature
and
certification
by
the
responsible
corporate
officer
will
be
in
writing.
In
order
to
ensure
the
integrity
of
electronic
files,
a
hash
value
will
be
included
to
identify
the
annual
report
file(
s)
submitted.
(
A
hash
algorithm
computes
a
unique
and
condensed
representation
of
a
message
or
a
data
file.
This
"
hash
value"
and
is
useful
for
identification
and
evidentiary
purposes.)

All
annual
reporting
under
this
program
ends
with
the
report
due
on
the
last
day
of
February
2011
and
covering
compliance
year
2010.
After
that
date,
all
motor
vehicle
diesel
fuel
will
have
to
meet
the
15
ppm
standard
and
there
is
no
further
purpose
to
be
served
by
annual
reporting.

Registration
information
and
reports
will
be
entered
into
an
EPA
Office
of
Air
and
Radiation,
Office
of
Transportation
and
Air
Quality
computer
database.
Information
covered
by
a
claim
of
business
confidentiality
will
be
handled
in
accordance
with
standard
Agency
procedures
regarding
confidential
business
information
and
the
applicable
provisions
at
40
CFR
Part
2.

Product
transfer
documents.
(
See
40
CFR
§
80.590.)
All
parties
in
the
distribution
system
are
required
to
keep
product
transfer
documents
(
PTDs),
but
refiners
and
importers
are
also
required
to
initially
generate
and
provide
information
on
commercial
PTDs
that
identify
diesel
fuel
for
highway
use
complying
with
either
the
15
ppm
or
500
ppm
standard
or
identifying
the
diesel
fuel
as
meeting
certain
other
specific
needs.
For
example,
PTDs
will
be
used
to
identify
diesel
fuel
as
meeting
the
15
ppm
or
500
ppm
12
sulfur
standard,
as
diesel
fuel
for
export
only,
as
diesel
fuel
for
use
in
specified
Territories,
as
diesel
fuel
for
use
as
research
and
development
fuel
only,
etc.
Product
transfer
documents
are
also
used
to
identify
diesel
fuel
for
use
in
Alaska
and
exempt
from
Federal
dye
requirements.
(
See
40
CFR
§
69.51(
a)(
2)
and
(
c)(
2).)

The
record
retention
time
for
most
records
is
five
years,
which
is
the
same
as
under
other
fuels
programs.
Creation
and
retention
of
PTDs
does
not
create
a
new
requirement,
but
there
will
be
a
one
time
expense
associated
with
developing
new
computer
product
codes
or
descriptive
phrases
to
identify
product.
Product
codes
may
be
used
by
most
parties
if
such
codes
are
clearly
understood
by
each
transferee.
Textual
statements
are
to
be
provided
to
truck
carriers,
retailers,
and/
or
wholesale
purchaser­
consumers.
Once
established,
these
product
codes
will
continue
to
be
routinely
used.

Any
additional
burdens
associated
with
PTDs
are
reasonably
expected
to
be
quite
minimal
because
all
parties
already
routinely
receive
transfer
documents
as
a
customary
business
practice
and
generally
maintain
them
for
four
or
five
years
under
state
tax
laws.
Product
transfer
document
information
is
necessary
to
1)
prevent
commingling
of
products
meeting
different
sulfur
standards,
2)
avoid
contamination
of
15
ppm
diesel
with
higher
sulfur
products,
and
3)
prevent
misfueling
of
model
year
2007
and
later
vehicles
with
any
fuel
having
a
sulfur
content
greater
than
15
ppm.
It
is
very
important
that
misfueling
not
occur,
as
it
may
result
in
harm
to
the
vehicles
emissions
controls
and
other
systems.
It
is
important
that
excessive
amounts
of
15
ppm
fuel
not
be
downgraded
in
the
distribution
system
in
order
to
ensure
sufficient
availability
of
15
ppm
compliant
fuel
at
retail.

Product
transfer
documents
for
additives.
(
See
40
CFR
§
50.591.)
Product
transfer
documents
for
diesel
additives
must
indicate
that
the
additive
does
not
exceed
15
ppm
sulfur
or,
in
the
alternative,
that
the
additive
does
exceed
15
ppm
sulfur
and
care
must
be
taken
to
blend
it
properly
in
order
to
ensure
that
the
blended
final
product
is
compliant
with
the
15
ppm
sulfur
standard.

Quality
assurance
test
results
for
batches
of
diesel
fuel.
(
See
40
CFR
§
80.592.)
Refiners
and
importers
are
not
required
to
test
each
batch
of
diesel
for
its
sulfur
content.
Quality
assurance
testing
is
voluntary,
although
nearly
all
refiners
and
importers
would
engage
in
such
testing
in
order
to
establish
an
13
affirmative
defense
under
an
enforcement
scenario.
Records
retained
would
have
to
indicate
the
location,
date,
time
and
storage
tank
or
truck
sampled,
the
name
and
title
of
the
person
who
sampled
the
tank
or
truck,
and
the
results
of
any
testing.
For
any
product
that
was
non­
compliant
as
a
result
of
quality
assurance
testing,
records
would
have
to
be
made
and
kept
to
indicate
the
actions
the
party
has
taken,
if
any,
to
identify
the
cause
of
the
noncompliance
and
to
prevent
future
instances
of
noncompliance.
Any
generated
records
related
to
quality
assurance
testing
would
have
to
be
retained
for
five
years.

All
records,
including
electronic
records
and
the
various
types
of
specific
recordkeeping
and
reporting
requirements
(
discussed
below),
must
be
made
available
to
EPA
upon
request.

b.
Applications
and
baselines
for
small
refiners.
(
See
40
CFR
§
§
80.550
­
80.80.553.)

Small
refiners
must
apply
for
small
refiner
status.
Application
must
be
made
by
December
31,
2001.
(
This
date
may
be
June
1,
2003
in
limited
circumstances
involving
the
activation
or
reactivation
of
a
refinery.)

Small
refiner
applications
must
include
information
about
the
company,
its
corporate
structure
and
its
refining
capacity
that
will
permit
EPA
to
assess
whether
the
refiner
is,
in
fact,
"
small"
for
purposes
of
the
program.
All
applications
must
be
in
writing
and
signed
and
certified
by
a
responsible
corporate
officer.

The
application
must
indicate
whether
the
refiner
is
seeking
to
continue
the
sale
of
500
ppm
motor
vehicle
diesel
fuel
and/
or
to
generate
early
compliance
credits,
or
if
the
refiner
is
seeking
an
extension
of
its
small
refiner
gasoline
sulfur
standard
under
the
gasoline
sulfur
regulations.
(
See
40
CFR
§
§
80.240,
80.552(
c)
and
80.553.)

Small
refiners
must
apply
for
a
small
refiner
baseline
by
December
31,
2001.
(
See
40
CFR
§
80.595.)
A
separate
volume
baseline
must
be
submitted
for
each
refinery
for
which
small
refiner
status
is
sought.
Instructions
for
calculating
the
baseline
are
included
in
the
regulations
at
40
CFR
§
80.596.
The
baseline
must
be
accompanied
by
a
written
signature
and
certification
by
a
responsible
corporate
officer.

Small
refiners
must
comply
with
the
same
recordkeeping
and
reporting
requirements,
including
pre­
compliance
and
annual
14
reports,
required
of
all
refiners.
If
they
choose
to
continue
to
produce
500
ppm
and/
or
to
generate
credits,
then
they
will
have
to
make
a
showing
(
as
part
of
the
pre­
compliance
and/
or
annual
report)
that
sufficient
sources
of
15
ppm
diesel
exist
in
areas
where
they
will
supply
500
ppm
product.
If,
after
2003,
the
sources
of
15
ppm
diesel
decrease,
then
they
must
further
identify
(
as
part
of
the
pre­
compliance
and/
or
annual
report)
the
change
and
include
supplementary
information
showing
that
the
sources
of
15
ppm
product
are
still
adequate.

If
the
small
refiner
falls
under
the
diesel/
gasoline
compliance
date
option,
then
it
must
provide
information
(
as
part
of
the
pre­
compliance
or
annual
report)
showing
that
it
will
be
in
a
position
to
produce
100%
of
its
highway
diesel
fuel
at
the
15
ppm
level
and
at
a
volume
that
is
at
least
85%
of
its
baseline
highway
diesel
volume.

c.
Applications
and
baselines
for
GPA
refiners.
(
See
40
CFR
§
§
80.540
and
80.595.)

A
refiner
may
apply
for
permission
to
produce
gasoline
subject
to
the
geographic
phase­
in
(
GPA)
standards
of
the
gasoline
sulfur
regulations
(
40
CFR
subpart
H,
§
80.216)
in
2007
and
2008.
Such
a
refiner
would
have
to
comply
with
the
15
ppm
diesel
sulfur
standard
starting
on
June
1,
2006.
As
with
the
small
refiner
program,
the
volume
of
motor
vehicle
diesel
fuel
to
be
produced
is
tied
to
a
baseline
volume.
Therefore,
the
refiner
must
also
apply
for
a
baseline
by
December
31,
2001.
(
See
40
CFR
§
80.595.)
A
separate
volume
baseline
must
be
submitted
for
each
refinery
for
which
small
GPA
status
is
sought.
The
baseline
may
be
submitted
electronically.
Instructions
for
calculating
the
baseline
are
included
in
the
regulations
at
40
CFR
§
80.596.
The
application
and
the
baseline
must
be
accompanied
by
a
written
signature
and
certification
by
a
responsible
corporate
officer.
A
refiner
may
later
ask
the
Administrator
to
vacate
the
extension
of
the
GPA
standards
and
must
do
so
in
writing.

GPA
refiners
must
comply
with
the
same
recordkeeping
and
reporting
requirements,
including
pre­
compliance
reports,
required
of
all
refiners.

d.
Applications
by
Refiners
Seeking
to
Be
Granted
Temporary
Relief
for
General
Hardship.
(
See
40
CFR
§
80.560.)

A
refiner
may
petition
for
temporary
relief
from
some
or
all
of
the
diesel
requirements
if
the
refiner
can
demonstrate
that
unusual
circumstances
exist
that
impose
extreme
hardship
and
prevent
the
refiner
from
being
able
to
comply
with
applicable
15
requirements.
The
items
that
must
be
included
in
the
petition
are
laid
out
in
40
CFR
§
80.560
and
include
description
of
a
plan
demonstrating
how
the
refiner
plans
to
comply
with
the
diesel
rule's
requirements
as
soon
as
possible,
information
about
the
refiner's
efforts
to
obtain
capital
for
refinery
improvements
or
to
obtain
credits,
information
about
the
bond
rating
of
the
entity
that
owns
the
refinery,
and
similar
items
that
support
the
application.
The
refiner
must
also
include
a
compliance
plan
that
will
demonstrate
how
the
refiner
will
engage
in
a
quality
assurance
testing
program,
engage
in
period
sampling
and
testing
at
its
own
facilities
and
at
downstream
locations,
inspect
retail
and
wholesale
purchaser­
consumer
facilities
it
supplies
to
ensure
proper
segregation
and
labeling
of
its
product,
etc.
All
applications
must
be
accompanied
by
a
signed,
certification
letter
from
a
responsible
corporate
officer.

e.
Applications
by
Refiners
Seeking
to
be
Granted
Relief
under
Extreme
Circumstances.
(
See
40
CFR
§
80.561.)

In
appropriate
extreme,
unusual,
and
unforseen
circumstances,
clearly
outside
the
control
of
the
refiner
or
importer
and
which
could
not
have
been
avoided
by
exercising
due
diligence,
EPA
may
permit
distribution
of
diesel
fuel
that
does
not
meet
regulatory
requirements
if
certain
conditions
are
met
(
e.
g.
it
must
be
in
the
public
interest
to
do
so,
the
refiner
must
make
up
any
air
quality
detriment,
the
refiner
must
pay
the
U.
S.
Treasury
an
amount
equal
to
the
economic
benefit
of
the
nonconformity
minus
the
amount
paid
making
up
any
air
quality
detriment,
etc.).
Due
to
the
extreme
nature
of
this
relief,
no
exact
format
is
prescribed
by
the
regulations
for
application.
However,
in
order
for
the
Agency
to
make
a
decision
as
to
whether
to
grant
such
relief,
it
is
necessary
for
the
party
to
describe
the
circumstances
in
sufficient
detail.

f.
Applications
for
Research
and
Development
Exemptions.
(
See
40
CFR
§
80.600.)

Any
person
may
receive
an
exemption
from
the
regulations
for
diesel
fuel
used
for
research,
development,
or
testing
purposes.
The
regulations
specify
the
type
of
information
a
party
would
submit
in
order
to
demonstrate
that
there
is
a
legitimate
basis
for
granting
an
exemption.
Such
information
includes
a
concise
statement
of
the
purpose
and
scope
of
the
program
and
an
explanation
as
to
why
an
exemption
is
needed.
Information
about
the
duration
of
the
program,
the
maximum
number
of
vehicles
or
engines
involved,
and
the
quantity
of
diesel
fuel
is
to
be
provided
to
the
Agency.
In
addition,
the
party
must
provided
information
about
the
site
where
research
is
to
be
conducted
and
16
the
manner
in
which
records
will
be
kept.
Contact
information
must
be
provided.

g.
Recordkeeping
and
reporting
that
is
specific
to
foreign
refiners
subject
to
a
temporary
compliance
option
or
a
hardship
provisions
(
See
40
CFR
§
80.620.)

Generally,
the
requirements
of
the
diesel
program
are
to
be
met
by
the
importer
(
who
imports
foreign
refiner
diesel)
unless
a
foreign
refinery
has
applied
for
and
received
EPA
approval
to
produce
motor
vehicle
diesel
fuel
under
the
temporary
compliance
option
or
one
of
the
hardship
provisions.
Foreign
refiners
may
seek
to
be
included
under
the
temporary
compliance
option
(
see
40
CFR
§
§
80.530­
80.532),
the
small
refiner
hardship
provisions
(
see
40
CFR
§
§
80.552
and
80.553),
the
temporary
relief
provisions
of
40
CFR
§
80.560
or
the
extreme
unforeseen
circumstances
provisions
of
40
CFR
§
80.561.
As
with
other
refiners,
application
must
be
made
in
writing
to
EPA,
and
signed
and
certified
by
a
responsible
corporate
officer.
The
writing
must
be
in
English
or
an
English
translation
must
be
provided.

Because
of
the
difficulties
of
enforcing
requirements
in
foreign
countries,
there
is
an
attest
engagement
requirement
associated
with
foreign
refiner
flexibility.
This
must
be
performed
on
a
yearly
basis
and
must
be
submitted
on
May
30th
for
the
prior
calendar
year.
An
attest
engagement
is
similar
to
a
financial
audit
and
is
to
be
conducted
by
a
party
who
is
independent
of
the
foreign
refiner
and
who
is
either
a
licensed
CPA
or
a
person
approved
in
advance
by
EPA
who
is
capable
of
carrying
out
those
duties.

h.
Recordkeeping
and
reporting
that
is
specific
to
the
generation
of
early
credits.
(
See
40
CFR
§
§
80.531
and
80.532.)

There
are
two
types
of
early
credits
under
this
program:
1)
credits
generated
after
May
31,
2005
and
before
June
1,
2006,
and
2)
credits
generated
after
June
1,
2001
but
before
May
31,
2005.
For
credits
falling
under
1),
the
refiner
would
have
to
submit
information
demonstrating
that
15
ppm
diesel
fuel
produced
earlier
will
be
segregated
and
not
commingled
with
500
ppm
diesel
fuel.
No
early
credits
may
be
generated
by
any
refiner
who
does
not
submit
a
notification
to
EPA
and
demonstrate
how
it
will
ensure
segregation
of
its
15
ppm
and
500
ppm
fuel.
For
credits
17
generated
under
2),
the
refiner
must
demonstrate
that
the
15
ppm
fuel
is
actually
used
in
vehicles
meeting
the
2007
particulate
matter
standard
or
in
retro­
fitted
vehicles
that
are
achieve
comparable
emissions
levels.
No
credits
may
be
claimed
by
a
refiner
who
does
not
submit
the
appropriate
notifications
to
EPA.

3.
Respondent
Activities
The
following
are
required:

1.
Read
and
comprehend
the
regulations
and
instructions
for
submission
of
registration,
reports,
and/
or
applications.

2.
Train
personnel
to
meet
the
requirements,
employing
new
technologies
if
warranted.

3.
Develop
the
information
that
is
not
already
available.

4.
Gather
and
organize
the
information.

5.
Review
the
information,
perform
quality
assurance,
and
take
corrective
action,
if
necessary,
to
meet
the
regulatory
requirements.

6.
Report
the
information
to
EPA
in
an
appropriate
manner,
and/
or
retain
the
information,
as
specified
in
the
regulations.
18
5.
THE
INFORMATION
COLLECTED
­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
The
following
are
required:

3.


Prepare
necessary
guidance
documents,
including
a
Question
and
Answer
(
Q&
A)
document

Convey
the
requirements
in
a
manner
that
is
understandable.
Emphasize
the
benefits
of
submitting
data
electronically.


Respond
to
inquiries.


Provide
access
to
the
regulations,
guidance
documents,
and
forms.


Review
the
submitted
information
prior
to
data
entry
for
compliance
with
submission
requirements.


Process
baseline
applications
and
applications
for
hardships.


Contact
the
respondent
when
the
information
has
not
been
submitted
properly
and
provide
guidance
on
correction
of
the
problem.


Maintain
and
refine
hardware
and
software
systems
for
handling
confidential
data
via
hard
copy
and
electronically.


Administer
a
contract
for
data
entry.


Input
information
into
databases
and
store
the
information.

Perform
data
analysis
and
identify
violations.
1.
5(
b)
Collection
Methodology
and
Management
The
information
collection
has
been
developed
by
EPA
offices
that
have
planned
and
allocated
resources
for
the
efficient
and
effective
management
and
use
of
the
information
to
be
collected,
19
including
the
processing
of
the
information
in
a
manner
which
shall
enhance
the
utility
of
the
information
for
the
Agency
and
the
public.
The
information
collection,
to
the
maximum
extent
practicable,
uses
appropriate
information
technology
to
reduce
burden
and
improve
data
quality,
Agency
efficiency,
and
responsiveness
to
the
public.

EPA
will
accept
common
electronic
formats
for
most
of
the
reporting
requirements
­
for
example,
annual
reports
may
be
submitted
in
any
of
several
commercial
spreadsheet
formats
or,
more
simply,
as
comma­
delimited
text
files.
For
applications
for
small
refiner
status,
research
and
development
exemptions,
and
similar
documents,
any
format
may
be
used
that
contains
the
necessary
information.
All
submissions
must
be
signed
and
certified
by
a
responsible
corporate
officer.
Electronic
submissions
should
be
encrypted
and
must
contain
a
"
hash
value,"
as
discussed
above
in
section
4.

The
product
transfer
document
information
can
be
included
on
standard
transfer
documentation
customarily
used
in
the
ordinary
course
of
business.
EPA
allows
the
information
to
be
encoded
by
upstream
parties
(
refiners,
importers,
terminals)
to
facilitate
reporting
and
save
space.

The
information
is
carefully
reviewed
for
compliance
with
the
requirements.
Most
of
the
information
submitted
to
the
Agency
is
confidential.
It
is
stored
in
a
secure
area
and
on
secure
databases.

5(
c)
Small
Entity
Flexibility
The
information
collection
reduces
to
the
extent
practicable
and
appropriate
the
burden
on
respondents,
including
small
entities.
The
major
reporting
requirements
apply
to
refiners
and
importers
of
diesel
,
which
are
not
usually
small
businesses.
Small
refiners
and
other
parties
are
required
to
supply
information
in
order
to
confirm
their
status
and
the
applicability
of
appropriate
flexibility
provisions
to
them.
However,
most
of
these
reporting
requirements
are
included
in
the
one
time
submission
of
the
registration,
application,
and
baseline.
Other
small
businesses
which
are
covered,
including
diesel
distributors,
retailers,
and
wholesale
purchaser
consumers,
have
no
mandatory
requirements
other
than
maintaining
product
transfer
documents,
which
is
already
done
in
the
ordinary
course
of
business.
20
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
and(
b)
Estimating
Respondent
Burdens
and
Costs
Several
reporting
burdens
associated
with
this
program
are
one­
time
burdens
associated
with
the
start
of
the
program.
For
example,
there
is
a
one­
time
reporting
burden
associated
with
registration
(
for
those
parties
who
are
not
already
registered
under
the
reformulated
gasoline
and
anti­
dumping
program
or
gasoline
sulfur
program).
There
is
also
a
one­
time
reporting
burden
associated
with
each
application
under
various
available
compliance
options,
including
the
small
refiner,
GPA,
and
temporary
hardship
provisions.

QA
testing
of
batches
of
diesel
fuel
under
this
program
is
voluntary.
Such
testing
is
performed
by
many
parties
in
the
normal
course
of
business.
There
is
an
annualized
capital
cost
for
the
equipment
necessary
for
the
batch
testing.

Third
party
activity,
the
transmittal
or
storage
of
producttransfer
documents,
is
a
customary
business
practice.
For
most
reporting
requirements,
the
only
operating
and
maintenance
(
O&
M)
costs
are
for
copying
and
postage/
courier
fees.
Some
electronic
reports
may
be
encrypted
and
sent
via
e­
mail
or
diskette.
There
is
a
very
modest
capital
cost
for
encryption
software.

Three
labor
categories
are
involved:
managerial
(
includes
legal
and
professional
review),
technical,
and
clerical.
According
to
the
Bureau
of
Labor
Statistics,
Employment
Cost
Trends
(
March
1996),
for
all
workers
in
manufacturing
industries,
wages
and
benefits
were:

Wages
and
Benefits
Managerial
$
37.72
per
hour
Technical
$
27.90
per
hour
Clerical
$
16.69
per
hour
Doubling
for
company
overhead
beyond
wages
and
benefits,
employing
a
3%
annual
inflation
factor
to
bring
the
rates
to
2001,
and
for
convenience,
rounding
to
the
dollar,
gives
the
following
rates
for
this
ICR:

Total
Employer
Cost
Managerial
$
86
per
hour
Technical
$
64
per
hour
Clerical
$
38
per
hour
21
The
labor
mix
for
the
activities
above
will
be
about
the
same
for
each.
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
about
$
60
per
hour,
which
will
be
used
in
this
ICR.
The
annual
burden
estimates
given
below
are
based
upon
the
likely
respondents
and
estimated
number
of
reports,
industry
contact,
and
our
knowledge
of
likely
industry
activity
over
the
next
three
years.
They
are
presented
in
the
same
order
as
above,
but
with
abbreviated
titles.
The
estimated
respondent
population
by
respondent
is
noted
on
the
table
below.

ANNUAL
ESTIMATED
REPORTING
BURDENS
For
most
activities
the
estimate
is
one
hour
per
report.
However,
some
reports
and
some
applications
may
require
considerably
more
time,
as
estimated
below.
We
expect
that
all
or
nearly
all
annual
reports
and
baselines
applications
will
be
submitted
electronically.
1
Many
parties
have
already
registered
under
other
fuels
program
and
will
not
have
to
re­
register.
We
are
assuming
125
refineries,
75
importers,
and
1,350
terminals
total
for
purposes
of
this
annual
burden
table.

2
These
are
one­
time
burdens.

3
Applications
of
this
type
are
only
for
extreme,
unforseen
circumstances
and
are
expected
to
be
very
rare.

22
Annual
Burden
Table
by
Collection
Activity
Collection
Activity
Number
of
Respondents
Reports
per
Respondent/
Total
Hours
per
Report/
Total
Labor
Costs
in
$
Non­
postage
Other
Costs
in
$

Refiner
and
importer
registration1
20
1/
20
1/
20
1,200
Application
for
Small
Refiner
Status
(
including
Baseline)
2
25
1/
25
20/
500
30,000
GPA
Application
(
including
Baseline)
2
10
1/
10
20/
200
12,000
Temporary
Hardship
Relief
Application2
20
1/
20
20/
400
24,000
Application
for
Relief
Under
Extreme
Circumstances3
2
1/
2
40/
80
4,800
Collection
Activity
Number
of
Respondents
Reports
per
Respondent/
Total
Hours
per
Report/
Total
Labor
Costs
in
$
Non­
postage
Other
Costs
in
$

4
Estimate
is
based
upon
the
number
of
R&
D
exemptions
requested
in
similar
programs
and
upon
discussion
with
industry
sources.
23
R&
D
Exemption
Application4
8
1/
8
1/
8
480
Refiners'
and
importers'

database
and
software
programming
needs
for
diesel
reporting
and
credit
tracking2
200
1/
200
150/
30,000
(
annualized
over
3
years)
1,800,000
Refiners'
and
Importers'
Precompliance
Reports
200
1/
200
20/
4,000
240,000
Refiners'
and
Importers'

Annual
reports
200
1/
200
40/
8,000
480,000
Collection
Activity
Number
of
Respondents
Reports
per
Respondent/
Total
Hours
per
Report/
Total
Labor
Costs
in
$
Non­
postage
Other
Costs
in
$

5
Product
transfer
documents
are
kept
in
the
normal
course
of
business;
however
there
is
a
one
time
burden
associated
with
creating
new
program
codes
or
phrases.

6
Product
transfer
documents
are
kept
in
the
normal
course
of
business;
however
there
is
a
one
time
burden
associated
with
creating
new
program
codes
or
phrases.
24
Refiners'
and
importers'

creation
of
new
product
codes
or
phrases
for
Product
Transfer
Documents5
200
15/
3000
.33/
990
(
annualized
over
3
years)
59,400
Diesel
additive
manufacturers'

creation
of
new
product
codes
or
phrases
for
Product
Transfer
Documents6
250
100/
25,000
.33/
8,250
(
annualized
over
3
years)
495,000
Voluntary
QA
by
refiners
and
importers
200
100/
20,000
1/
20,000
1,200,000
4,800,000
(
24,000
per
respondent,
1/
2
assumed
to
be
O
&
M
and
1/
2
assumed
to
be
capital
cost)
Collection
Activity
Number
of
Respondents
Reports
per
Respondent/
Total
Hours
per
Report/
Total
Labor
Costs
in
$
Non­
postage
Other
Costs
in
$

7
Only
for
foreign
refiners
who
use
the
temporary
compliance
or
other
flexibility
option
(
e.
g.
small
refiner).

25
Attest
engagements
for
foreign
refiners7
5
1/
5
40/
200
12,000
50,000
Purchased
Services
(
PS)

(
10,000
per
respondent
per
year)

This
page
intentionally
left
blank.
26
TOTALS:

TOTAL
NO.
OF
REPORTS:
48,690
TOTAL
BURDEN
HOURS:
72,648
TOTAL
LABOR
COSTS:
4,358,880
TOTAL
O&
M
AND
CAPITAL
COSTS:
4,800,000
(
1/
2
O&
M
and
1/
2
CAPITAL)

TOTAL
PURCHASED
SERVICES
COSTS:
50,000
TOTAL
OF
ALL
COSTS
=
9,208,880
27
6(
c)
Estimating
Agency
Burden
and
Cost
The
Agency
activities
listed
in
5(
a)
are
part
of
an
overall
gasoline
and
diesel
reporting
system
(
including
reformulated
gasoline,
conventional
gasoline,
and
diesel).
This
system
is
handled
by
a
contractor
for
$
218,000
per
year,
a
GS­
13
computer
specialist
for
$
120,000
per
year
(
including
overhead),
a
GS­
13
program
analyst
for
$
120,000
per
year,
and
the
equivalent
of
a
GS­
14
program
manager
for
$
150,000
per
year.
Annual
cost
for
lease
and
security
of
the
secure
area
where
the
confidential
data
are
stored
and
analyzed
is
estimated
at
$
30,000.
Annual
computer
cost
is
estimated
at
$
30,000.
Thus,
the
annual
estimated
cost
to
the
government
is
$
668,000.
The
total
annual
hours
for
government
employees
are
3
full
time
equivalents
(
FTE)
x
2080
hours/
FTE
=
6,240
hours.

6(
d)
and
(
e)
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs,
and
Bottom
Line
Burden
Hours
and
Costs
This
was
incorporated
into
6(
a)
and
(
b).

6(
f)
Reasons
for
Change
in
Burden
The
reporting
burden
related
to
diesel
fuel
has
changed
as
a
result
of
the
final
rule
establishing
the
low
sulfur
motor
vehicle
diesel
fuel
requirements.

6(
g)
Burden
Statement
There
are
only
two
printed
forms
for
this
program.
These
are
the
same
as
the
company
and
facility
registration
forms
currently
used
for
the
RFG
and
anti­
dumping
program
(
OMB
Control
Number
2060­
0277.)
Parties
may
indicate
a
diesel
registration
by
simply
writing
"
diesel"
at
the
top
of
the
form(
s)
if
they
so
wish.
The
burden
statement
is
proposed
to
continue
to
read
as
follows:

The
public
reporting
burden
for
this
Environmental
Protection
Agency
(
EPA)
collection
of
information
is
estimated
to
average
one
hour
per
response.
This
includes
time
for
reviewing
instructions
and
regulations,
searching
company
records,
gathering
the
needed
data,
and
completing,
reviewing,
copying,
and
transmitting
the
collection
of
information.
28
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
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
or
requirements;
train
personnel
to
be
able
to
response
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.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
OPPE
Regulatory
Information
Division,
U.
S.
Environmental
Protection
Agency
(
2137)
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
DC;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
of
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention,
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.

Part
B
of
the
Supporting
Statement
­
Not
Applicable.
