Supporting
Statement
for
Information
Collection
Request
Recordkeeping
and
Reporting
Requirements
Regarding
the
Sulfur
Content
of
Motor
Vehicle
Gasoline
Under
the
Tier
2
Rule
40
CFR
part
80,
subpart
H
EPA
ICR
1907.03
December
2003
Transportation
and
Regional
Programs
Division
Office
of
Transportation
and
Air
Quality
U.
S.
Environmental
Protection
Agency
2
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
Of
The
Information
Collection
ICR:
Recordkeeping
and
Reporting
Requirements
Regarding
the
Sulfur
Content
of
Motor
Vehicle
Gasoline
Under
the
Tier
2
Rule
(
40
CFR
part
80,
subpart
H).

1(
b)
Short
Characterization/
Abstract
This
Information
Collection
Request
(
ICR)
would
make
additions
to
the
existing
fuels
regulations
applicable
to
refiners,
importers,
marketers,
distributors,
retailers
and
others
regarding
the
sulfur
content
of
motor
vehicle
gasoline.
The
additions
covered
under
this
ICR
were
proposed
by
the
Environmental
Protection
Agency
(
EPA)
in
a
Notice
of
Proposed
Rulemaking
(
NPRM)
entitled
"
Control
of
Air
Pollution
from
New
Motor
Vehicles:
Proposed
Tier
2
Motor
Vehicle
Emissions
Standards
and
Gasoline
Sulfur
Control
Requirements."
The
final
rule,
published
in
the
Federal
Register
February
10,
2000,
added
some
minor
additional
requirements.

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
the
gasoline
sulfur
control
requirements
under
the
Tier
2
rule.
This
oversight
by
EPA
is
necessary
to
ensure
attainment
of
the
air
quality
goals
of
the
Tier
2
program.

The
scope
of
the
recordkeeping
and
reporting
requirements
for
each
type
of
party
(
e.
g.,
refiners,
marketers,
or
retailers
of
gasoline),
and
therefore
the
cost
to
that
party,
reflects
the
party's
opportunity
to
create,
control
or
alter
the
sulfur
content
of
gasoline.
As
a
result,
refiners
and
importers
will
have
significant
requirements,
which
are
necessary
both
for
their
own
tracking
and
that
of
downstream
parties,
and
for
EPA
enforcement,
while
parties
downstream
from
the
gasoline
production
or
import
point,
such
as
retailers,
will
have
minimal
burdens
under
the
rule.
Many
of
the
reporting
and
recordkeeping
requirements
for
refiners
and
importers
regarding
the
sulfur
content
of
gasoline
on
which
the
Tier
2
sulfur
program
relies
currently
exist
under
EPA's
Reformulated
Gasoline
(
RFG)
and
conventional
gasoline
(
CG)
anti­
dumping
programs
(
hereafter
referred
to
collectively
as
the
RFG
program).
The
ICR
for
the
RFG
program
covered
the
majority
of
the
start­
up
costs
associated
with
the
reporting
of
gasoline
sulfur
content.
Consequently,
much
of
the
cost
associated
with
the
sulfur­
control
requirements
under
the
sulfur
program
has
already
been
accounted
for
under
the
RFG
program
ICR.
There
were
192,063
respondents
to
the
requirements
of
the
sulfur
program
at
a
total
annual
burden
of
12,532
hours
and
an
annual
cost
of
$
325,702
during
the
early
years
of
the
program
(
until
January
2004).
This
includes
the
initial
burden
associated
with
learning
and
adapting
to
the
new
requirements.

There
will
be
37,818
responses
and
a
total
annual
burden
of
38,742
hours
and
an
annual
3
cost
of
$
2,405,185
beginning
in
2004.
Although
for
clarity,
a
description
of
the
burden
covered
by
the
early
years
of
the
program
(
up
to
January
1,
2004)
is
included
here,
this
ICR
only
covers
the
burdens
incurred
after
January
1,
2004.
The
difference
between
the
total
number
of
respondents
in
the
early
years
of
the
program
and
subsequent
years
is
due
to
the
large
number
of
small
gasoline
distributors
and
retail
gasoline
service
stations
that
needed
to
become
familiar
with
the
requirements
of
the
new
program.
These
new
requirements,
however,
do
not
impose
additional
recordkeeping
requirements
on
these
parties
beyond
what
they
currently
are
required
to
keep
under
the
reformulated
gasoline
program.

Under
the
terms
of
clearance,
EPA
was
required
to
re­
examine
the
burden
estimates
based
on
any
experience
with
implementing
the
collection
to
ensure
that
the
estimates
are
accurate.
We
have
re­
examined
the
information
collection
burden
estimates
in
this
ICR
based
on
our
experience
since
the
beginning
of
the
Tier
2
program.
We
believe
that
our
burden
estimates
for
the
first
phase
of
the
program
were
accurate.
Although
most
of
the
burdens
associated
with
the
first
phase
of
the
program
(
e.
g.,
familiarizing
employees
with
new
requirements)
are
not
required
after
January
1,
2004,
other
burdens
are
required
beginning
on
January
1,
2004
(
e.
g.,
reporting
compliance
with
the
gasoline
sulfur
standards).
Based
on
our
experience
with
the
first
phase
of
the
Tier
2
program,
and
also
the
reformulated
gasoline
program,
we
believe
that
our
estimates
of
the
burdens
under
the
Tier
2
rule
beginning
on
January
1,
2004,
are
also
accurate.

In
general
terms,
the
recordkeeping
and
reporting
requirements
regarding
the
sulfur
content
of
gasoline
under
the
gasoline
sulfur
program
consist
of
the
following:

(
1)
Testing.

Refiners
and
importers.
Under
the
gasoline
sulfur
control
program,
refiners
and
importers
must
test
each
batch
of
gasoline
for
its
sulfur
content.
Although
this
requirement
already
exists
under
the
RFG
program
for
refiners
and
importers
of
RFG,
it
is
a
new
requirement
for
refiners
and
importers
of
CG,
who
are
allowed
to
composite
samples
from
multiple
batches
and
test
the
composite
sample.
However,
the
sulfur
program
allows
composite
sampling
of
CG
for
purposes
of
generating
sulfur
credits
and
allotments
in
2000
­
2003,
prior
to
the
effective
date
of
the
sulfur
standards
(
called
"
early
credits"
and
"
early
allotments").
Every­
batch
testing
is
required
when
the
sulfur
standards
become
effective
beginning
January
1,
2004.
Beginning
in
2004,
for
foreign
refiners
of
gasoline
subject
to
the
small
refinery
standards,
load
port
and
port
of
entry
testing
will
be
required
to
be
conducted
by
an
independent
3rd
party.
Refiners
and
importers
will
also
conduct
quality
assurance
(
QA)
periodic
sampling
and
testing
for
sulfur
for
defense
purposes
beginning
in
2004.

Butane
blenders.
Under
the
RFG
program,
butane
blenders
are
required
to
test
RFG
and
some
CG
for
sulfur
content
before
and
after
blending.
Under
certain
circumstances,
blenders
are
allowed
to
use
butane
producer/
supplier
records
to
comply
with
the
sulfur
content
testing
requirements
for
CG
under
the
RFG
program.
The
gasoline
sulfur
program,
under
certain
circumstances,
also
will
allow
the
sulfur
content
of
RFG
and
CG
to
be
determined
by
using
butane
4
producer/
supplier
data
(
as
an
alternative
to
testing
gasoline
before
and
after
blending).

Refiners
Blending
Other
Blendstocks
into
Previously
Certified
Gasoline.
Under
the
RFG
program,
blenders
are
required
to
test
RFG
and
CG
before
and
after
blending.
Under
certain
circumstances,
the
sulfur
program
will
allow
the
sulfur
content
of
CG
to
be
determined
by
testing
each
batch
of
blendstock
once
when
it
is
received,
and
by
calculating
the
sulfur
content
of
the
finished
gasoline
by
using
records
on
the
sulfur
content
and
volume
of
blendstock
and
base
gasoline
used.

Terminals
and
Pipelines.
To
qualify
for
the
small
refiner
gasoline
(
S­
RGAS)
downstream
standards,
gasoline
must
be
sampled
and
tested
for
compliance
with
the
downstream
standard
at
each
terminal
or
pipeline
location
subsequent
to
the
most
recent
receipt
of
gasoline
(
beginning
in
2004).
Terminals
and
pipelines
currently
conduct
periodic
quality
assurance
sampling
and
testing
for
defense
purposes
under
the
RFG
and
other
fuels
programs.
Beginning
in
2004,
terminals
and
pipelines
also
will
be
conducting
periodic
QA
testing
for
sulfur.

(
2)
Sample
Retention.
The
gasoline
sulfur
program
requires
refiners
and
importers
to
retain
sample
portions
from
the
most
recent
20
samples
collected
or
for
each
sample
collected
during
the
most
recent
21­
day
period,
whichever
is
greater,
and
annually
certify
that
samples
have
been
collected
under
required
procedures.
Under
the
RFG
program,
independent
sampling
and
testing
is
required
for
RFG,
and
refiners
who
meet
the
independent
analysis
requirements
for
RFG
will
also
have
met
the
sample
retention
requirements
under
the
sulfur
rule.
For
CG,
this
is
a
new
requirement.
However,
under
the
sulfur
program,
refiners
will
be
allowed
to
conduct
their
own
testing
rather
than
having
it
conducted
at
an
independent
laboratory
which
will
provide
additional
flexibility
for
some
parties.

(
3)
Recordkeeping.
Under
current
RFG
program
requirements,
all
parties
in
the
distribution
system
are
required
to
keep
product
transfer
documents
(
PTDs)
for
RFG.
For
CG,
however,
PTDs
must
be
transferred
to
all
parties,
but
their
retention
is
required
only
of
refiners
and
importers
since
no
downstream
requirements
for
CG
exist
under
the
RFG
program.
The
gasoline
sulfur
program
has
downstream
requirements
regarding
the
sulfur
content
of
both
RFG
and
CG.
Therefore,
the
sulfur
program
requires
that
all
parties
keep
PTDs
for
both
RFG
and
CG
through
the
distributor
level
for
voluntary
defense
purposes
and
QA
program
records.
PTDs
also
are
required
for
gasoline
designated
as
S­
RGAS
and
gasoline
designated
for
use
in
the
GPA.

The
record
retention
time
for
most
records
is
five
years,
which
is
the
same
as
under
the
RFG
program
(
for
both
RFG
and
CG).
For
parties
who
supply
RFG,
the
retention
of
PTDs
will
not
represent
a
new
requirement.
For
CG,
this
will
be
a
new
requirement
for
retailers.
However,
the
additional
burden
is
minimal
because
all
retailers
already
receive
transfer
documents
as
a
customary
business
practice
and
maintain
them
for
4
or
5
years
under
state
tax
laws.

One
exception
exists
to
the
requirement
that
records
be
maintained
for
five
years.
Under
the
averaging
banking
and
trading
(
ABT)
and
allotment
trading
provisions
of
the
gasoline
sulfur
1The
report
forms
for
the
fuels
programs
may
be
found
on
the
reformulated
gasoline
page
of
the
Office
of
Transportation
and
Air
Quality
(
OTAQ)
web
site,
http://
www.
epa.
gov/
otaq.

5
program,
records
related
to
ABT
credits
and
allotments
must
be
maintained
for
five
years
after
the
date
of
their
generation,
except
that
records
relating
to
credit
or
allotment
transfers
must
be
kept
by
the
transferor
for
five
years
from
the
date
they
were
transferred,
and
by
the
transferee
for
five
years
from
the
date
they
were
transferred,
used
or
terminated,
whichever
is
later.
Records
related
to
early
ABT
credits
must
be
kept
for
five
years
after
they
are
generated,
used
or
terminated,
whichever
is
later.
Where
early
ABT
credits
are
transferred,
records
must
be
kept
by
both
parties
for
five
years
from
the
date
they
were
transferred,
used
or
terminated,
whichever
is
later.
As
a
result,
in
certain
cases,
the
sulfur
program
could
require
records
related
to
the
ABT
credits
or
allotments
to
be
maintained
for
longer
than
five
years.

(
4)
Reporting.
The
gasoline
sulfur
program
requires
refiners
and
importers
to
submit
an
annual
sulfur
report
which
demonstrates
compliance
with
the
applicable
sulfur
standards
and
includes
ABT
credit
and/
or
allotment
activity.
The
RFG
program
contains
similar
reporting
requirements.
1
Reports
will
be
entered
into
an
EPA
Office
of
Air
and
Radiation,
Office
of
Transportation
and
Air
Quality
computer
database.
Reporting
entities
currently
have
the
option
of
electronic
data
interchange
with
EPA.
EPA
supplies
paper
forms
to
parties
that
elect
to
use
them
instead
of
reporting
electronically.
It
is
EPA's
intention
to
provide
in
the
near
future
a
means
by
which
all
sulfur
data
required
to
be
reported
will
be
transmitted
to
EPA
electronically.

(
5)
Attest
Requirements.
The
gasoline
sulfur
program
will
require
an
annual
review
(
called
an
attest
engagement)
of
the
company's
records
which
form
the
basis
for
the
annual
sulfur
compliance
report.
Attest
engagements
are
currently
required
under
the
RFG
program
for
both
RFG
and
CG.
There
will
be
a
small
incremental
cost
of
including
the
information
that
will
be
newly
required
under
the
sulfur
program
within
the
scope
of
these
attest
engagements.

(
6)
ABT
Credit
and
Allotment
Trading
Provisions.
The
gasoline
sulfur
program's
ABT
credit
and
allotment
trading
provisions
reduce
the
overall
cost
of
compliance
by
providing
refiners
and
importers
flexibility
in
complying
with
the
controls
on
gasoline
sulfur
content.
Domestic
and
foreign
refiners
(
but
not
importers)
who
generate
early
credits
(
2000
­
2003)
under
the
ABT
program
will
be
required
to
provide
information
regarding
their
refinery
baseline
sulfur
level
and
to
report
annually
regarding
credit
generation.
Domestic
refiners
(
but
not
foreign
refiners)
and
importers
will
be
required
to
report
annually
regarding
the
generation,
transfer,
and
use
of
credits
and
allotments
beginning
in
2004.

(
7)
Small
refiners.
Most
of
this
ICR's
requirements
for
small
entities
are
associated
with
alternate
sulfur
standards
during
the
phase­
in
of
the
program
that
are
designed
to
lessen
the
overall
burden
of
compliance
for
these
entities.
Eligible
small
refiners
who
participate
in
the
small
refiner
program
will
be
required
to
provide
information
regarding
their
baseline
sulfur
level
and
gasoline
volume
(
as
a
one­
time
action),
in
addition
to
the
recordkeeping
and
reporting
requirements
6
applicable
to
all
refiners.
Small
refiners
who
anticipate
the
need
for
an
extension
of
these
alternate
standards
must
submit
progress
reports
and
information
to
substantiate
the
need
for
the
extension.
Small
refiners
may
request
an
adjustment
of
their
per­
gallon
cap
sulfur
standard
by
submitting
a
letter
to
EPA
substantiating
the
need
for
such
relief.

(
8)
Small
foreign
refiners.
The
provisions
regarding
individual
refinery
baseline
establishment
for
small
foreign
refiners
who
already
have
an
approved
individual
baseline
under
the
anti­
dumping
regulations
are
the
same
as
for
domestic
refiners.
The
baseline
establishment
requirements
for
small
foreign
refiners
who
do
not
already
have
an
approved
individual
baseline
under
the
antidumping
regulations
are
similar
to
the
current
provisions
under
the
RFG
program
for
foreign
refiners
at
40
CFR
80.94.

As
an
alternative
to
the
load
port/
port
of
entry
testing
requirement
for
small
foreign
refiners
who
transport
by
truck,
the
sulfur
program
requires
the
refiner
to
submit
a
plan
designed
to
ensure
segregation
of
the
small
refiner
gasoline
and
to
retain
product
shipment
documents
for
5
years.

(
9)
Truck
Importers.
For
truck
importers,
alternative
provisions
to
the
every­
batch
testing
requirement
are
provided
to
reduce
the
burden
of
compliance
and
to
help
ensure
adequate
gasoline
supply
in
certain
areas.
Under
this
approach,
truck
importers
are
allowed
to
rely
on
test
records
from
the
foreign
terminal,
but
must
conduct
quality
assurance
testing
of
the
gasoline.

(
10)
Refiners
and
importers
of
GPA
gasoline.
The
gasoline
sulfur
program
provides
flexibility
during
the
phase­
in
period
of
the
program
for
refiners
and
importers
who
supply
gasoline
to
certain
states
and
counties
in
the
western
U.
S.,
called
the
geographic
phase­
in
area
(
GPA).
These
refiners
and
importers
will
be
required
to
submit
a
sulfur
baseline
for
purposes
of
determining
the
sulfur
standards
for
their
GPA
gasoline,
in
addition
to
the
reporting
and
recordkeeping
requirements
for
all
refiners
and
importers.
These
refiners
and
importers
will
be
required
to
demonstrate
compliance
with
the
sulfur
requirements
separately
for
their
GPA
and
non­
GPA
gasoline.

(
11)
California
Gasoline.
Gasoline
sold
in
California
is
exempted
from
all
of
the
compliance
provisions
of
the
program
with
the
exception
of
those
related
to
PTDs.

California
producers
of
gasoline
for
use
outside
of
California
will
be
required
to
satisfy
requirements
for
gasoline
used
outside
of
California,
including
test
methods,
except
that
California
test
methods
may
be
used
for
CG,
as
already
allowed
under
the
RFG
program.

(
12)
Refiners
Granted
Temporary
Relief.
Under
extreme
hardship
situations,
a
refiner
may
be
granted
a
temporary
exemption
from
some
or
all
of
the
gasoline
sulfur
requirements.
Such
refiners
will
be
required
to
submit
information
to
substantiate
the
need
for
temporary
relief,
as
well
as
a
sulfur
baseline,
in
addition
to
the
reporting
and
recordkeeping
requirements
for
all
refiners.
2
A
separate
ICR
Document
has
been
prepared
regarding
the
information
collection
activities
that
will
be
required
under
the
amendments
to
the
requirements
for
motor
vehicle
certification
proposed
as
part
of
the
Tier
2
rulemaking.

3
We
currently
have
regulatory
requirements
for
conventional
and
reformulated
gasoline
adopted
under
Sections
211(
c)
and
211(
k)
of
the
Act,
in
addition
to
the
"
substantially
similar"
requirements
for
fuel
additives
of
Section
211(
f).
These
requirements
directly
or
indirectly
control
sulfur
levels
in
gasoline.
See
the
RIA
for
more
details.

7
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
For
The
Collection
The
purpose
of
the
Tier
2
vehicle
emissions
regulations
and
accompanying
gasoline
sulfur
program
is
to
implement
the
Congressional
mandate
to
reduce
levels
of
various
pollutants
across
the
nation.
Section
202
of
the
Clean
Air
Act
(
CAA)
gives
EPA
the
authority
to
promulgate
federal
emission
standards
for
new
light­
duty
motor
vehicles
and
light­
duty
trucks.
Before
proposing
more
stringent
emission
standards
under
the
Tier
2
rule,
Section
202(
i)
of
the
CAA
required
EPA
to
issue
a
report
to
Congress
regarding
"
whether
or
not
further
reductions
in
emissions
from
light­
duty
vehicles
and
light­
duty
trucks
should
be
required."
EPA
was
required
to
"
examine
the
need
for
further
reductions
in
emissions
in
order
to
attain
or
maintain
the
national
ambient
air
quality
standards,"
the
availability
of
technology
to
meet
more
stringent
standards,
taking
cost,
lead
time,
safety,
and
energy
impacts
into
consideration,
and
the
cost
effectiveness
of
such
standards,
including
consideration
of
alternative
methods
of
achieving
air
pollution
reductions.

EPA
issued
the
Tier
2
Report
to
Congress
on
July
31,
1998.
The
report
provided
evidence
that
more
stringent
motor
vehicle
emission
standards
were
needed,
and
are
technologically
feasible
and
cost
effective
in
the
2004
model
year.
The
report
also
indicated
that
more
stringent
control
of
gasoline
sulfur
content
would
be
needed
for
motor
vehicles
to
meet
more
stringent
emission
standards.
Accordingly,
EPA
undertook
the
Tier
2
rulemaking
to
formally
consider
the
adoption
of
more
stringent
motor
vehicle
emission
standards
and
gasoline
sulfur
controls.
The
gasoline
sulfur
program
with
which
this
ICR
is
associated
is
part
of
the
Tier
2
rulemaking
process.
2
Section
202(
i)
of
the
CAA
act
prohibits
EPA
from
mandating
more
stringent
emission
standards
before
the
2004
model
year.
Pursuant
to
this
requirement,
emission
standards
proposed
under
the
Tier
2
rule
will
be
implemented
beginning
in
model
year
2004.
To
ensure
that
gasoline
with
acceptable
sulfur
levels
is
available
when
needed
by
vehicles
meeting
Tier
2
emission
standards,
EPA
is
requiring
the
gasoline
sulfur
program
to
effectively
begin
in
2004,
to
ensure
that
gasoline
meeting
the
sulfur
requirements
is
available
at
the
pump
on
January
1,
2004.

The
gasoline
sulfur
controls
were
promulgated
under
the
authority
granted
by
Section
211(
c)(
1)
of
the
Clean
Air
Act.
3
Under
Section
211(
c)(
1),
EPA
may
adopt
a
fuel
control
if
at
least
one
of
the
following
two
criteria
is
met:
(
1)
the
emission
products
of
the
fuel
cause
or
8
contribute
to
air
pollution
which
may
reasonably
be
anticipated
to
endanger
public
health
or
welfare,
or
(
2)
the
emission
products
of
the
fuel
will
significantly
impair
emissions
control
systems
in
general
use
or
which
would
be
in
general
use
were
the
fuel
control
to
be
adopted.

The
gasoline
sulfur
program
was
promulgated
based
on
both
of
these
criteria.
Under
the
first
criterion,
EPA
believes
that
emissions
products
of
sulfur
in
gasoline
used
in
Tier
1
and
low
emission
vehicle
(
LEV)
technology
vehicles
contribute
to
ozone
pollution,
air
toxics,
and
PM.
Under
the
second
criterion,
EPA
believes
that
sulfur
in
gasoline
that
would
be
used
in
Tier
2
technology
vehicles
would
significantly
impair
the
emissions
control
systems
of
such
vehicles.
The
Regulatory
Impact
Analysis
(
RIA)
includes
a
more
detailed
discussion
of
EPA's
authority
to
set
gasoline
sulfur
standards,
including
a
discussion
of
EPA's
conclusions
related
to
the
factors
that
must
be
considered
under
Section
211(
c).

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

(
1)
Identify
the
sources
of
gasoline
and
gasoline
blendstocks;
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
proposed
Tier
2
program
are
met,
and
that
those
complying
with
the
requirements
in
good
faith
are
not
disadvantaged
by
noncomplying
parties.
The
gasoline
sulfur
program
requirements
create
a
significant
economic
incentive
for
noncompliance.
Without
the
accompanying
recordkeeping
and
reporting
requirements,
Congressional
intent
to
improve
air
quality
through
the
Tier
2
program
would
be
thwarted
because
neither
EPA
nor
industry
would
have
sufficient
information
to
monitor
compliance.
Noncomplying
fuel
would
likely
be
introduced
into
commerce
on
a
widespread
basis
but
for
requirements
that
make
it
possible
for
EPA
to
cross­
check
records
of
various
entities
in
order
to
determine
compliance.

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
gasoline,
including
the
regulations
associated
with
this
information
collection,
can
be
found
in
40
CFR
part
80,
Regulation
of
Fuels
and
Fuel
Additives.

2(
b)
Practical
Utility/
Users
of
the
Data
EPA
will
use
the
information
and
test
results
(
e.
g.,
sulfur
content
and
volume
of
each
batch
of
gasoline,
if
applicable)
contained
in
the
annual
reports
required
by
this
information
collection
to
evaluate
the
compliance
of
parties
involved
in
the
production
and
importation
of
9
gasoline
with
the
gasoline
sulfur
control
requirements.
These
reports
will
also
be
used
by
EPA
to
target
compliance
investigations.
The
baseline
information
submitted
by
refiners
under
the
small
refiner
provisions,
refiners
and
importers
under
the
GPA
provisions,
and
refiners
under
the
temporary
hardship
relief
provisions,
will
be
used
to
determine
the
refiner's
or
importer's
applicable
standards
under
these
provisions.
The
baseline
information
submitted
by
refiners
in
order
to
generate
early
credits
under
the
ABT
program
will
be
used
to
ensure
that
credits
generated
are
correctly
determined.
PTDs
maintained
by
parties
in
the
gasoline
distribution
system
and
records
related
to
gasoline
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
Efforts
have
been
made
to
eliminate
duplication
in
this
information
collection.
Provisions
included
in
the
gasoline
sulfur
rule
allow
parties
to
consolidate
reporting
requirements
and/
or
provide
abbreviated
reports
where
appropriate.
For
example,
to
reduce
the
reporting
burden,
reports
specific
to
compliance
with
the
sulfur
standards
and
reports
related
to
the
sulfur
ABT
credit
and
allotment
trading
programs
will
be
included
in
the
annual
reports
already
required
to
be
submitted
under
the
RFG
program.
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
sulfur
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.

Additionally,
since
California's
state
gasoline
sulfur
requirements
are
as
stringent
as
those
under
the
gasoline
sulfur
program
for
most
of
the
remainder
of
the
nation's
gasoline,
and
since
California
has
its
own
compliance
and
enforcement
provisions,
California
gasoline
is
exempt
from
most
of
the
requirements
of
the
sulfur
program,
except
as
explained
in
1(
b)
of
this
information
collection.

3(
b)
Public
Notice
Prior
to
Submission
to
OMB
Public
comment
on
this
Information
Collection
Request
was
solicited
in
the
Tier
2
NPRM
as
published
in
the
Federal
Register.
This
final
ICR
was
modified
per
internal
and
external
comments
as
appropriate.
10
We
received
few
comments
on
the
information
collection
request
burdens
associated
with
the
gasoline
sulfur
program.
Most
regulated
parties
have
been
fulfilling
reporting,
recordkeeping
and
testing
requirements
under
the
RFG
program.
The
only
negative
comments
we
received
related
to
the
every­
batch
testing
for
sulfur
content
and
sample
retention
for
CG.
Much
of
the
cost
and
hourly
burden
associated
with
the
reporting
and
recordkeeping
requirements
under
the
sulfur
program
have
already
been
accounted
for
under
the
RFG
ICR.
Many
of
the
information
collection
burdens
associated
with
the
sulfur
program
are
the
result
of
provisions
designed
to
provide
refiners
and
importers
with
flexibility
in
demonstrating
compliance
with
the
sulfur
standards
in
the
early
years
of
the
program
(
e.
g.,
the
small
refiner,
GPA,
and
temporary
hardship
relief
provisions).

3(
c)
Consultations
In
the
course
of
normal
contact
with
regulated
parties
regarding
the
current
RFG
program,
and
specifically
to
discuss
potential
aspects
of
the
gasoline
sulfur
program
in
the
proposal
stage,
EPA
discussed
aspects
of
this
information
collection
with
representatives
of
the
refining
industry,
importers,
distributers,
butane
blenders,
gasoline
testing
laboratories,
manufacturer/
sellers
of
sulfur
testing
equipment,
and
the
California
Air
Resources
Board
regarding
the
burden
of
this
information
collection.

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
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.
The
panel
did
not
recommend
a
wholesale
exemption
for
small
refiners,
but
rather
that
they
be
provided
additional
time
to
comply.
EPA's
small
refiner
provisions
provide
individual
interim
standards
for
each
small
refiner
and
delay
compliance
with
the
national
standards
for
several
years.
The
interim
standards
provide
a
degree
of
environmental
benefit
which
would
be
absent
if
small
refiners
were
given
a
wholesale
exemption
from
the
proposed
sulfur
control
requirements.
A
copy
of
the
Panel's
report
is
available
in
the
docket
for
the
sulfur
rule.
The
report
contains
a
list
of
the
fuel
industry's
participating
small
entity
representatives,
and
provides
a
summary
of
their
comments.

In
response
to
the
NPRM,
EPA
received
many
comments
from
the
refining
industry
regarding
difficulties
that
some
refiners
may
have
in
complying
with
the
standards
in
the
time
period
proposed.
In
consideration
of
these
comments,
EPA
concluded
that
many
states
in
the
western
U.
S.
have
a
less
urgent
environmental
need
for
ozone
precursor
reductions
in
the
near
term,
and
that
their
gasoline
supply
is
dominated
by
small
capacity,
geographically
isolated
refineries
located
in
that
area.
As
a
result,
to
allow
such
refineries
more
compliance
flexibility,
the
final
rule
provides
for
somewhat
less
stringent
standards
for
gasoline
sold
in
specified
states
and
adjacent
counties
in
the
western
U.
S.
during
the
early
years
of
the
program.
The
final
rule
also
11
includes
provisions
for
temporary
relief
from
the
sulfur
requirements
for
any
refiner
who
can
demonstrate
that
extreme
hardship
would
result
in
the
absence
of
such
relief.

3(
d)
Effect
of
Less
Frequent
Collection
The
gasoline
sulfur
program
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.
The
information
contained
in
such
reports
will
include
batch
specific
information
regarding
the
sulfur
content
and
volume
of
a
refinery's
or
importer's
gasoline.
Less
frequent
submittal
of
such
reports
would
severely
hinder
EPA's
ability
to
monitor
compliance,
and
would
likely
lead
to
noncompliance.
Additionally,
requiring
less
than
every­
batch
sampling
and
testing,
except
for
those
few
situations
allowed
by
EPA,
would
make
the
sulfur
cap
requirement
(
i.
e.,
the
per
gallon
maximum
sulfur
content)
meaningless,
and
would
likely
lead
to
extreme
excursions
in
fuel
sulfur
content
which
could
affect
emission
control
systems
and
lead
to
increased
emissions.
This
would
be
an
unacceptable
outcome
given
that
the
gasoline
sulfur
program
is
intended
to
lead
to
reduced
emissions
in
part
by
compatible
vehicle
and
fuel
interaction.
Given
that
the
reporting
and
sampling/
testing
requirements
are
similar
to
the
current
requirements
under
the
RFG
program,
and
that
the
sulfur
reports
can
be
included
in
the
reports
for
these
programs,
requiring
less
frequent
collection
would
likely
increase
the
reporting
burden.

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
programs
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
gasoline
found
to
be
in
violation
of
the
sulfur
standard.
The
RFG
program
currently
requires
refiners
and
importers
to
retain
records
which
include
much
of
this
information.
Therefore,
these
recordkeeping
requirements
should
impose
little
additional
burden.
Additionally,
most
of
the
records
that
will
be
required
to
be
kept
for
five
years
already
are
subject
to
that
requirement
by
the
RFG
program.
Five
years
is
the
applicable
statute
of
limitations
for
the
RFG
and
other
fuel
programs.
See
28
U.
S.
C.
2462.

As
noted
in
Section
1.
b.,
there
are
some
exceptions
to
the
five
year
record
retention
requirement
relating
to
the
ABT
credit
and
allotment
trading
programs.
Records
related
to
ABT
credits
and
allotments
must
be
maintained
for
five
years
after
the
date
of
their
generation,
except
that
records
relating
to
credit
or
allotment
transfers
must
be
kept
by
the
transferor
for
five
years
from
the
date
they
were
transferred,
and
by
the
transferee
for
five
years
from
the
date
they
were
transferred,
used
or
terminated,
whichever
is
later.
Records
related
to
early
ABT
credits
must
be
kept
for
five
years
after
they
are
generated,
used
or
terminated,
whichever
is
later.
Where
early
ABT
credits
are
transferred,
records
must
be
kept
by
both
parties
for
five
years
from
the
date
they
were
transferred,
used
or
terminated,
whichever
is
later.
These
requirements
are
necessary
to
12
ensure
the
validity
of
sulfur
credits
for
the
duration
of
their
useful
lives.

Refiners
and
importers
will
be
submitting
a
limited
amount
of
proprietary
information,
such
as
batch
volume
and
sulfur
content
in
their
annual
reports.
Those
applying
for
an
individual
sulfur
baseline
for
purposes
of
generating
early
credits
under
the
ABT
program,
or
alternate
sulfur
standards
under
the
small
refiner,
GPA
or
temporary
relief
provisions,
will
be
submitting
additional
proprietary
information.

Based
on
EPA's
experience
with
the
RFG
program,
EPA
believes
that
requiring
annual
reports
provides
an
appropriate
and
effective
means
of
monitoring
compliance
with
the
standards
under
the
sulfur
program.
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
voluntary
entry
and
access
to
facilities.

3(
f)
Confidentiality
As
discussed
in
3(
e)
above,
proprietary
information
will
be
submitted
by
refiners
and
importers
for
demonstrating
compliance
with
the
sulfur
standards,
and
for
establishing
baseline
sulfur
levels
under
the
ABT,
small
refiner,
GPA
and
temporary
hardship
relief
provisions.
Confidentiality
is
granted
for
such
information
in
accordance
with
the
Freedom
of
Information
Act,
and
EPA
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
and
NAIC
Codes
The
respondents
to
this
information
collection
are:
­
Refiners
(
both
domestic
and
foreign
refiners
who
manufacture
gasoline
for
use
in
the
U.
S.)
­
Importers
of
gasoline
into
the
U.
S.
­
Gasoline
distributors,
carriers,
wholesale
purchaser­
consumers,
and
retailers
­
Users
of
research
and
development
gasoline
(
testing
laboratories)

Table
4(
a).
1:
Respondent
Industry
Classification
Codes
Industry
NAICS1
Codes
SIC2
Codes
Defined
by
SBA
as
a
Small
Business
If:
3
Gasoline
Refiners
32411
2911
<
1500
employees
4"
Sulfur­
FRGAS,"
as
defined
in
the
regulations,
is
gasoline
produced
at
a
foreign
refinery
that
has
been
assigned
an
individual
refinery
sulfur
baseline
or
has
been
granted
temporary
hardship
relief,
and
that
is
imported
into
the
United
States.
"
Certified
Sulfur­
FRGAS"
is
Sulfur­
FRGAS
that
the
foreign
refiner
intends
to
include
in
the
foreign
refinery's
sulfur
compliance
calculations
or
credit/
allotment
calculations
and
does
include
in
these
compliance
calculations
when
reported
to
EPA.
"
Non­
Certified
Sulfur­
FRGAS"
is
Sulfur­
FRGAS
that
is
not
Certified
Sulfur­
FRGAS.
See
40
CFR
80.410(
a).

13
Gasoline
Importers
42272
5172
<
100
employees
Gasoline
Terminals
42271
5171
<
100
employees
Gasoline
Pipelines
48691
4613
<
100
employees
Truckers
and
Other
Gasoline
Distributors
48422
4212
<
18.5
million
dollars
Gasoline
Retailers
and
Wholesale
Purchaser­
Consumers
44711
44719
5541
<
6.5
million
dollars
Testing
Laboratories
54138
8734
<
5
million
dollars
1)
North
American
Industry
Classification
System
2)
Standard
Industrial
Classification
system
3)
According
to
Small
Business
Administration's
(
SBA)
regulations
(
13
CFR
121),
businesses
with
no
more
than
the
listed
number
of
employees
or
dollars
in
annual
receipts
are
considered
"
small
entities"
for
purposes
of
conducting
a
regulatory
flexibility
analysis.

4(
b)
Information
Requested
(
i)
Data
Items
The
recordkeeping
and
reporting
requirements
applicable
to
the
regulated
parties
vary
depending
on
their
position
in
the
gasoline
production
and
distribution
stream
and
their
potential
to
influence
the
sulfur
content
of
gasoline.
The
regulated
parties
are
divided
into
groups
(
and
sub­
groups)
as
indicated
in
the
list
below,
based
on
the
applicable
recordkeeping
and
reporting
requirements.

­
Gasoline
Refiners
and
Importers
­
Additional
and/
or
alternative
requirements
exist
if:
­
Refiner
qualifies
and
opts
to
use
the
small­
refiner
provisions
­
Refiner
or
importer
participates
in
the
ABT
and/
or
allotment
trading
program
­
Refiner
or
importer
opts
to
use
the
GPA
provisions
­
Refiner
is
foreign
­
Small
foreign
refiner
transports
Certified
Sulfur­
FRGAS4
to
U.
S.
by
truck
­
Importer
imports
certified
or
Non­
Certified
Sulfur­
FRGAS
5"
S­
RGAS,"
as
defined
in
the
regulations,
is
gasoline
that
is
subject
to
the
small
refinery
standards,
including
Certified
Sulfur­
FRGAS.
See
40
CFR
80.210(
a)

14
­
Importer
imports
Non­
Certified
Sulfur­
FRGAS
by
truck
­
Refiner
(
including
parties
who
blend
gasoline
at
a
terminal
facility)
produces
gasoline
by
blending
blendstocks
into
previously
certified
gasoline
­
Refiner
(
including
parties
who
blend
gasoline
at
a
terminal
facility)
produces
gasoline
by
blending
butane
into
previously
certified
gasoline
­
Refiner
qualifies
for
temporary
relief
for
extreme
hardship
­
Gasoline
Distributors
(
Gasoline
Terminals,
Pipelines,
and
Truckers)
­
Additional
requirements
exist
for
distributors
of
S­
RGAS5
and
Certified
Sulfur­
FRGAS
­
Gasoline
retailers
and
wholesale
purchaser­
consumers
(
WPC)
­
Additional
requirements
exist
for
retailers
and
WPCs
of
exempted
gasoline
­
Users
of
research
and
development
gasoline
(
testing
laboratories)

(
i)
Data
items,
including
recordkeeping
requirements
The
information
collection
requirements
are
categorized
in
the
following
lists
according
to
which
regulated
parties
they
apply.
Certain
requirements,
such
as
the
PTD
requirements,
are
broadly
applicable
to
most
parties
who
transfer
gasoline
(
transfers
to
the
end
user
at
the
retail
level
are
exempt
under
certain
circumstances).
These
more
generally
applicable
requirements
are
discussed
separately
from
the
requirements
that
apply
only
to
specific
groups
of
regulated
parties.
Additional
and/
or
alternative
requirements
applicable
to
subgroups
of
respondents
are
also
discussed
separately.
Where
a
regulated
party
is
not
specifically
mentioned,
only
the
most
broadly
applicable
requirements
apply.

A
number
of
recordkeeping
and
reporting
requirements
are
only
applicable
when
parties
exercise
the
option
to
comply
with
alternative
compliance
requirements.
These
requirements
are
primarily
associated
with
the
optional
small­
refiner,
GPA
and
temporary
hardship
relief
provisions
that
are
available
during
the
early
years
of
the
gasoline
sulfur
program,
and
the
ABT
credit
and
allotment
trading
provisions.
Other
alternative
requirements
apply
to
certain
gasoline
blending
practices,
and
to
the
testing
requirements
for
truck
importers.
These
optional
alternative
compliance
requirements
are
designed
to
ease
the
burden
of
compliance.
After
the
gasoline
sulfur
program
is
phased
in,
the
optional
small
refiner,
GPA
and
temporary
hardship
relief
provisions
will
no
longer
be
available,
and
the
associated
reporting
and
recordkeeping
requirements
will
expire.
The
presence
of
an
"*"
in
the
following
list
of
requirements
indicates
an
explanatory
note
regarding
the
applicability
of
these
requirements
and
how
the
requirements
under
the
sulfur
program
relate
to
those
under
the
RFG
program.
These
notes
help
support
the
identification
of
the
new
activities
that
will
result
from
the
requirements
under
the
gasoline
sulfur
program.

(
A)
Broadly­
Applicable
Requirements
15
*
These
requirements
apply
broadly
to
all
of
the
regulated
parties
listed
above.
The
responsibilities
of
gasoline
distributors
(
gasoline
terminals,
pipelines,
and
carriers)
and
gasoline
retailers
and
WPCs
are
primarily
related
to
compliance
with
the
following
broadly
applicable
requirements.
Some
terminal
or
other
facility
operators
blend
butane
or
other
blendstocks
into
previously
certified
gasoline.
These
gasoline
producers
are
refiners
under
the
sulfur
program,
and
are
discussed
under
the
requirements
for
refiners.
Unless
specifically
noted,
the
PTD
requirements
listed
below
do
not
result
in
any
new
activities
for
gasoline
distributors,
retailers,
and
WPCs.

­
With
one
exception,
records
are
required
to
be
maintained
for
five
years
from
the
date
they
were
created
*
In
most
cases,
this
requirement
will
not
impose
an
additional
burden
because
the
required
records
are
already
maintained
under
other
EPA
fuels
programs,
or
the
records
are
maintained
as
a
customary
business
practice.
­
For
distributors,
retailers
and
WPCs
of
CG,
the
requirement
to
maintain
PTDs
for
five
years
is
a
new
requirement
under
the
sulfur
program.
PTDs
are
required
to
accompany
the
transfer
of
both
RFG
and
CG
to
retailers
and
WPCs
under
the
RFG
program,
but
these
programs
require
distributors,
retailers
and
WPCs
to
maintain
PTDs
for
five
years
only
for
RFG.
(
This
requirement
begins
in
2004.)
­
The
retention
of
records
related
to
the
ABT
credit
and
allotment
trading
programs
is
a
new
requirement.
Records
related
to
ABT
credits
and
allotments
must
be
kept
for
five
years
from
the
date
of
generation,
except
where
credits
or
allotments
are
transferred.
In
such
cases,
records
must
be
kept
by
the
transferor
for
five
years
from
the
date
of
transfer,
and
by
the
transferee
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later.
Early
credits
and
allotments
are
required
to
be
kept
for
five
years
from
generation,
use
or
termination,
whichever
is
later.
If
early
credits
are
transferred,
both
the
transferor
and
transferee
must
keep
related
records
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later.
As
a
result,
in
certain
circumstances,
records
related
to
credits
or
allotments
may
be
required
to
be
maintained
for
longer
than
five
years
from
the
date
of
origination.
This
potentially
longer
retention
time
is
required
to
enable
the
Agency
to
determine
the
legitimacy
of
credit
and
allotment
transfers
in
the
context
of
an
enforcement
action.

Beginning
January
1,
2004:
­
The
sulfur
program
requires
persons
who
manufacture,
import,
sell,
offer
for
sale,
dispense,
distribute,
supply,
offer
for
supply,
store,
or
transport
gasoline
to
include
the
following
additional
information
in
PTDs
that
accompany
each
transfer
of
gasoline:
­
PTDs
that
accompany
the
transfer
of
gasoline
manufactured
by
small
refiners
designated
as
S­
RGAS,
or
Certified
Sulfur­
FRGAS,
to
parties
in
the
gasoline
distribution
system
are
required
to
identify
the
gasoline
as
S­
RGAS
and
designate
the
applicable
downstream
cap.
­
PTDs
that
accompany
the
transfer
of
Certified
Sulfur­
FRGAS
or
Non­
Certified
Sulfur­
6
This
date
could
be
extended
to
no
later
than
January
1,
2010,
if
hardship
extensions
are
granted
to
any
small
refiners.

16
FRGAS
are
required
to
identify
the
gasoline's
status
as
Certified
or
Non­
Certified­
FRGAS.
This
requirement
does
not
apply
after
the
gasoline
leaves
the
importer's
facility
in
the
U.
S.
(
but
note,
as
indicated
above,
Certified
Sulfur­
FRGAS
must
be
designated
on
PTDs
downstream
of
the
importer
as
S­
RGAS.)
­
PTDs
that
accompany
the
transfer
of
GPA
gasoline
are
required
to
identify
the
gasoline
as
being
GPA
gasoline
and
include
a
statement
that
the
gasoline
may
not
be
distributed
or
sold
for
use
outside
the
GPA.
*
Except
for
transfers
to
truck
carriers,
retailers
and
wholesale
purchaser­
consumers,
product
codes
can
be
used
to
convey
the
required
information
if
such
codes
are
clearly
understood
by
each
transferee.
This
allowance
lessens
the
burden
of
compliance
and
is
consistent
with
the
requirements
under
the
RFG
program.
*
The
small
refiner
and
GPA
provisions
allow
the
production
of
special
classifications
of
gasoline.
The
presence
of
these
special
classifications
of
gasoline
in
the
distribution
system
necessitates
the
inclusion
of
additional
information
on
gasoline
PTDs.
After
January
1,
2008,
gasoline
which
has
these
special
classifications
will
no
longer
enter
the
distribution
system.
6
When
all
of
this
gasoline
has
gone
through
the
system
and
been
used,
the
additional
PTD
requirements
will
no
longer
be
applicable.
*
EPA
expects
that
the
total
number
of
gasoline
batches
will
not
increase
due
to
the
inclusion
of
these
additional
gasoline
classifications.
Therefore,
EPA
does
not
anticipate
that
this
requirement
will
result
in
an
additional
burden
for
industry
due
to
the
entry
of
a
greater
number
of
PTDs
into
the
distribution
system.
Refiners
and
importers
will
experience
an
additional
burden
associated
with
adding
the
required
information
to
the
PTDs.
Parties
in
the
gasoline
distribution
chain
that
handle
PTDs
will
not
need
to
undertake
any
new
activities
due
to
the
additional
information
being
present
on
the
PTDs.

­
Under
the
sulfur
program,
any
party
required
to
conduct
sampling
and
testing
for
sulfur
content
must
retain
records
regarding:
­
The
location,
date,
time,
tank
or
storage
tank
identification
for
each
sample
collected
­
The
name
and
title
of
the
person
who
collected
the
sample
and
the
person
who
performed
the
testing
­
The
results
of
the
test
as
originally
printed
or
recorded,
and
any
record
which
contains
a
result
that
is
not
identical
to
the
originally
printed
or
recorded
test
*
With
the
exception
of
the
last
item
in
the
following
list,
the
required
records
already
must
be
maintained
under
the
RFG
program.

­
For
purposes
of
establishing
an
affirmative
defense
to
a
violation,
parties
other
than
retailers
or
wholesale
purchaser­
consumers
must
be
able
to
provide
business
records
documenting
the
following:
­
A
periodic
sampling
and
testing
program
to
ensure
that
the
gasoline
meets
the
applicable
sulfur
standard
17
­
On
each
occasion
that
gasoline
is
found
not
to
be
in
compliance
with
the
applicable
sulfur
standards,
the
actions
taken
to:
1)
Stop
the
sale
or
distribution
of
any
gasoline
found
not
to
be
in
compliance
with
the
applicable
sulfur
standards
2)
Remedy
the
violation
and
the
factors
that
caused
the
violation
(
such
as
removing
the
non­
complying
gasoline
from
the
distribution
system
and
taking
steps
to
prevent
future
violations)
*
Periodic
quality
assurance
sampling
and
testing
is
not
a
new
requirement,
however,
testing
for
sulfur
is
new
under
the
sulfur
program.
*
The
maintenance
of
business
records
establishing
that
steps
were
taken
to
prevent
future
violations
is
new
under
the
sulfur
program.
However,
EPA
believes
that
no
new
activities
for
the
regulated
parties
will
result
from
this
new
requirement,
since
such
records
typically
are
maintained
as
a
customary
business
practice.

(
B)
Requirements
for
Gasoline
Refiners
and
Importers:

The
following
requirements
apply
to
all
refiners
and
importers.
Additional
and/
or
alternative
requirements
exist
for
foreign
refiners,
for
refiners
and
importers
that
utilize
the
small
refiner,
GPA,
temporary
relief,
or
ABT/
allotment
trading
provisions,
and
under
certain
other
circumstances,
as
discussed
in
the
following
sections.

By
November
1,
2003,
or
not
later
than
three
months
in
advance
of
the
first
date
of
the
production
or
importation
of
gasoline,
whichever
is
later:
­
The
refiner
or
importer
must
register
with
EPA
(
one­
time
start­
up
burden
expected
to
be
incurred
by
only
a
small
number
of
entities
not
already
registered)
*
Registration
under
RFG
program
is
sufficient
to
satisfy
this
requirement.
Foreign
refiners
whose
gasoline
is
currently
being
accounted
for
by
the
importer
under
the
RFG
program
are
not
required
to
register
under
these
programs.
For
these
foreign
refiners,
the
registration
requirement
under
the
sulfur
program
would
be
a
new
requirement
only
if
they
wish
to
avail
themselves
of
the
early
ABT
credit
or
allotment
trading
programs,
or
if
they
qualify
and
opt
to
avail
themselves
of
the
small
refiner
or
temporary
hardship
relief
provisions.
*
Refiners
who
wish
to
generate
early
ABT
credits
must
be
registered
with
EPA
by
May
10,
2000
(
to
generate
ABT
credits
in
2000),
or
by
September
30
of
the
year
prior
to
the
first
year
of
early
credit
generation.

Beginning
January
1,
2004:
­
Keep
records
to
demonstrate
compliance
with
the
applicable
per­
gallon
sulfur
cap
standard
*
Records
to
demonstrate
compliance
with
the
sulfur
complex
model
range
limit
requirements
under
the
RFG
program
could
be
used
to
satisfy
this
requirement,
except
that
the
anti­
dumping
program
allows
the
testing
of
composite
samples
from
a
number
of
batches
for
CG,
whereas
the
sulfur
program
requires
testing
on
every
batch.
Therefore,
7Importers
must
exclude
Certified
Sulfur­
FRGAS
from
their
annual
average
report.

18
this
requirement
will
result
in
additional
batch
testing
for
CG
and
the
retention
of
additional
batch
test
reports.
­
Research
and
development
(
R&
D)
gasoline
must
be
identified
on
the
PTD
as
gasoline
to
be
used
only
for
this
purpose
*
This
requirement
already
exists
to
establish
an
exemption
from
EPA's
gasoline
detergent
program.
Since
manufacturers
of
R&
D
gasoline
are
likely
to
seek
an
exemption
under
both
the
gasoline
detergent
and
sulfur
programs,
this
PTD
requirement
should
not
result
in
a
new
activity.

Beginning
with
the
2004
averaging
period:
­
Calculate
the
corporate
pool
annual
average
sulfur
level
for
the
corporation's
aggregate
of
all
refineries
and
imported
gasoline
using
batch
test
reports
­
Submit
annual
corporate
pool
averaging
reports
to
EPA
*
This
requirement
expires
after
January
1,
2006,
when
the
corporate
average
standards
are
no
longer
in
effect.
*
Corporate
pool
annual
reports
are
to
be
submitted
by
the
last
day
of
February
following
the
previous
year's
averaging
period.
*
The
calculation
of
the
corporate
pool
average
sulfur
values
under
the
sulfur
program
is
a
new
requirement.
However,
these
calculations
are
simple,
straightforward,
and
utilize
existing
data.
­
Include
the
following
information
in
the
corporate
pool
averaging
report:
­
Corporate
pool
annual
average
for
the
averaging
period
­
The
information
required
in
the
annual
averaging
compliance
reports
for
individual
refineries
and
importers
in
the
aggregate
for
all
the
gasoline
produced
and
imported
by
the
corporation
during
the
averaging
period
Beginning
with
the
2005
averaging
period:
­
Calculate
the
annual
average
sulfur
level
for
each
refinery
or
all
imported
gasoline
­
Submit
annual
sulfur
averaging
report
to
EPA
from
each
refiner
and
importer
*
Annual
averaging
reports
are
to
be
submitted
by
the
last
day
of
February
following
the
previous
year's
averaging
period.
*
A
separate
sulfur
averaging
report
(
in
addition
to
the
RFG/
CG
reports)
is
necessary
since
the
sulfur
program
requires
CG
and
RFG
to
be
averaged
together,
whereas
under
the
RFG
program,
RFG
and
CG
are
reported
separately.
*
Except
where
indicated,
this
reporting
requirement
will
not
require
the
collection
of
information
that
is
not
currently
required
under
the
RFG
program.
The
calculation
of
annual
average
sulfur
values
is
a
new
requirement.
However,
these
calculations
are
simple
and
straightforward.
­
Include
the
following
information
in
the
refinery's
or
importer's7
annual
average
report:
­
EPA
refiner
and
refinery
facility,
or
importer
registration
numbers
­
Applicable
annual
average
standard
and
applicable
adjusted
cap
standard
19
­
Total
volume
of
gasoline
(
RFG
&
CG)
produced
at
the
refinery
or
imported
­
Annual
average
gasoline
sulfur
content
(
RFG
&
CG)
produced
at
the
refinery
or
imported
­
Annual
average
sulfur
level
after
inclusion
of
any
credits
and/
or
allotments
­
For
each
batch
of
gasoline
produced
or
imported
during
the
averaging
period:
­
The
batch
number
assigned
under
the
RFG
program
*
If
composite
samples
were
used
to
represent
multiple
batches
of
CG
for
antidumping
purposes
under
the
RFG
program,
a
separate
batch
number
must
be
assigned
to
each
batch
included
in
the
composite.
This
requirement
is
new
under
the
sulfur
program.
­
Date
the
batch
was
produced
­
Volume
of
the
batch
­
Sulfur
content
of
the
batch
*
The
requirement
to
test
each
batch
of
CG,
rather
than
testing
a
composite
sample
of
multiple
batches,
is
new
under
the
sulfur
program
as
is
the
sample
retention
requirement
(
i.
e.,
to
retain
the
most
recent
20
samples
collected,
or
each
sample
collected
during
the
most
recent
21­
day
period,
whichever
is
greater.)
­
Importers
exclude
Certified
Sulfur­
FRGAS
­
Importer
reports
must
also
include
in
the
importer
annual
averaging
report:
­
EPA
refiner
and
refinery
registration
numbers
of
each
small
foreign
refiner
and
refinery
facility
of
Certified
Sulfur­
FRGAS
­
Total
gallons
of
Certified
Sulfur­
FRGAS
and
Non­
Certified
Sulfur­
FRGAS
imported
from
each
small
foreign
refiner
*
Testing
of
the
sulfur
levels
of
additional
gasoline
batches
will
be
needed
to
the
extent
that
the
introduction
of
the
new
categories
of
Certified
Sulfur­
FRGAS
and
Non­
Certified
Sulfur­
FRGAS
result
in
a
greater
number
of
distinct
batches
of
imported
gasoline.
EPA
believes
that
the
total
number
of
gasoline
batches
imported
will
not
increase
due
to
the
creation
of
these
new
batch
classifications.
Therefore,
the
existence
of
these
new
classifications
of
gasoline
batches
will
not
result
in
the
testing
of
additional
batches.
­
Refiners
and
importers
arrange
to
have
an
attest
engagement
report
submitted
to
EPA
by
May
30th
of
each
annual
averaging
period
*
The
attest
engagement
requirement
regarding
reports
submitted
under
the
sulfur
program
is
new,
however,
no
new
data
will
need
to
be
collected
to
satisfy
this
requirement.
Data
collected
to
comply
with
the
RFG
program
will
be
reviewed
to
find
the
relevant
information,
which
will
then
be
used
to
determine
whether
the
refiner
or
importer
had
evaluated
their
compliance
with
the
sulfur
program
requirements
correctly.
­
Attest
engagement
must
be
performed
on
the
underlying
documentation
that
form
the
basis
of
any
required
report
­
The
attest
engagement
will
be
prepared
in
accordance
with
the
procedures
established
under
the
RFG
program
­
The
attest
engagement
must
be
performed
by
an
independent
certified
public
accountant
(
CPA)
20
­
Internal
auditors
may
assist
the
CPA
pursuant
to
the
Standards
for
Attestation
Engagements
­
Any
refiner
of
gasoline
produced
in
California
or
importer
of
gasoline
into
California
whose
gasoline
is
used
outside
of
California
alternatively
may
use
the
sampling
and
testing
methods
approved
by
the
state
of
California
(
as
allowed
under
the
RFG
program)

(
C)
Additional
and/
or
Alternative
Requirements
for
Small
Refiners:

The
following
recordkeeping
and
reporting
requirements
apply
to
refiners
that
utilize
the
small­
refiner
provisions
under
the
sulfur
program:
*
These
requirements
cease
to
be
applicable
after
January
1,
2008,
when
the
small
refiner
program
expires
(
assuming
no
hardship
extensions
are
granted).

By
December
31,
2000:
­
A
refiner
who
meets
the
definition
of
"
small
refiner"
may
submit
an
application
to
EPA
for
small
refiner
status.
The
application
must
include
a
calculation
of
the
refinery's
1997­
1998
sulfur
baseline
for
purposes
of
determining
the
small
refinery's
applicable
sulfur
standards.
(
One
time
start­
up
burden)
*
The
information
required
regarding
the
sulfur
baseline
is
already
available
to
the
refiner
due
to
the
requirements
of
the
RFG
program,
or
has
already
been
collected
as
a
customary
business
practice.
The
requirement
to
use
this
information
to
calculate
the
baseline
and
to
submit
the
baseline
information
to
EPA
is
a
new
requirement
under
the
sulfur
program,
however,
these
calculations
are
simple
and
straightforward.
­
The
small
refiner
status
application
must
include
the
following:
­
A
list
of
the
name
and
address
of
each
location
where
any
employee
of
the
refiner
worked
during
the
12
months
preceding
January
1,
1999;
or,
in
the
case
of
a
refiner
who
acquires
a
refinery
after
January
1,
1999,
or
reactivates
a
refinery
that
was
shutdown
between
January
1,
1998,
and
January
1,
1999,
a
listing
of
the
name
and
address
of
each
location
where
any
employee
of
the
refiner
worked
since
the
refiner
acquired
or
reactivated
the
refinery
­
The
average
number
of
employees
at
each
location
based
upon
the
number
of
employees
for
each
pay
period
for
the
12
months
preceding
January
1,
1999;
or,
in
the
case
of
a
refiner
who
acquires
a
refinery
after
January
1,
1999,
or
reactivates
a
refinery
that
was
shutdown
between
January
1,
1998,
and
January
1,
1999,
the
average
number
of
employees
at
any
such
acquired
or
reactivated
refinery
during
each
calendar
year
since
the
refiner
acquired
or
reactivated
the
refinery
­
The
type
of
business
activities
carried
out
at
each
location
­
The
total
corporate
crude
capacity
of
each
refinery
as
reported
to
the
Energy
Information
Administration
(
EIA)
of
the
U.
S.
Department
of
Energy
(
DOE)
­
A
letter
signed
by
the
president,
chief
operating
or
chief
executive
officer
of
the
company,
or
his/
her
designee,
stating
that
the
information
contained
in
the
application
is
true
to
the
best
of
his/
her
knowledge
­
Name,
address,
phone
number,
facsimile
number
and
E­
mail
address
of
a
corporate
21
contact
person
­
For
joint
ventures,
the
total
employee
count
includes
the
combined
employee
count
of
all
corporate
entities
in
the
venture
­
For
government­
owned
refiners,
the
total
employee
count
includes
all
government
employees
­
The
baseline
calculations
performed
by
a
small
refiner
shall
reflect
only
the
volume
and
sulfur
content
of
gasoline
produced
in
1997­
1998
­
The
following
information
for
each
batch
of
gasoline
produced
in
1997­
1998:
­
Batch
number
assigned
under
the
RFG
program
­
Volume
­
Sulfur
content
­
The
baseline
calculations
performed
by
a
small
foreign
refiner
shall
reflect
only
the
volume
and
sulfur
content
of
gasoline
that
was
imported
into
the
U.
S.
in
1997­
1998
­
Small
foreign
refiners
who
do
not
have
an
approved
baseline
under
the
RFG
program
must
establish
a
sulfur
baseline
in
accordance
with
the
baseline
establishment
provisions
under
the
anti­
dumping
regulations
S
Small
refiners
who
wish
to
request
an
adjustment
of
their
per­
gallon
cap
sulfur
standard
must
submit
a
letter
to
EPA
substantiating
the
need
for
this
relief.

Beginning
January
1,
2004,
or
the
first
date
of
participation
in
the
small
refiner
program,
whichever
is
later:
­
Small
foreign
refiners
must
classify
each
batch
of
gasoline
as
Sulfur­
FRGAS
or
Non­
Sulfur­
FRGAS,
and
each
batch
of
gasoline
classified
as
Sulfur­
FRGAS
must
be
further
classified
as
Certified
Sulfur­
FRGAS
or
as
Non­
Certified
Sulfur­
FRGAS
­
Small
foreign
refiners
must
identify
the
gasoline
as
Certified
Sulfur­
FRGAS
or
Noncertified
Sulfur­
FRGAS
on
the
associated
PTDs
*
The
addition
of
this
information
to
PTDs
is
a
new
requirement
under
the
sulfur
program.
­
Small
foreign
refiners
who
have
been
assigned
an
individual
sulfur
baseline
must
designate
all
gasoline
produced
at
the
refinery
that
exports
gasoline
to
the
U.
S.
as
either
Certified
Sulfur­
FRGAS
or
as
Non­
Certified
Sulfur­
FRGAS,
except
that:
­
Small
foreign
refiners
may
elect
to
classify
no
gasoline
imported
into
the
U.
S.
as
Sulfur­
FRGAS,
provided
the
small
foreign
refiner
notifies
EPA
of
the
election
no
later
than
November
1
of
the
prior
calendar
year
*
EPA
expects
that
no
refiners
will
exercise
this
option
because
of
the
economic
incentive
to
designate
gasoline
as
Sulfur­
FRGAS.
Thus,
EPA
expects
that
this
provision
will
not
result
in
a
new
activity
for
any
refiner.

(
D)
Additional
and/
or
Alternate
Requirements
for
Refiners
and
Importers
Who
Produce
or
Import
Geographic
Phase­
in
Area
Gasoline
The
following
recordkeeping
and
reporting
requirements
apply
to
refiners
and
importers
who
produce
or
import
gasoline
designated
to
be
used
in
the
geographic
phase­
in
area
(
GPA):
22
*
These
requirements
will
no
longer
be
applicable
after
January
1,
2007,
when
the
GPA
program
expires.

By
December
31,
2000:
Refiners
and
importers
who
wish
to
apply
for
alternate
standards
applicable
to
GPA
gasoline
must
submit
an
application
to
EPA
which
includes
a
calculation
of
each
refinery's
or
the
importer's
1997­
1998
sulfur
baseline.
*
The
information
required
to
calculate
the
baseline
is
already
available
to
the
refiner
or
importer
due
to
the
requirements
of
the
RFG
program,
or
has
been
collected
as
a
customary
business
practice.
The
requirement
to
use
this
information
to
calculate
the
baseline
and
to
submit
the
application
to
EPA
is
new
under
the
sulfur
program.
However,
these
calculations
are
simple
and
straightforward.
The
application
for
GPA
gasoline
standards
must
include
the
following:
­
A
listing
of
the
names
and
addresses
of
all
refineries
owned
by
the
refiner
for
which
the
refiner
is
applying
for
GPA
gasoline
standards
­
The
annual
average
gasoline
sulfur
baseline
for
gasoline
produced
in
1997­
1998
for
each
refinery
for
which
the
refiner
or
importer
is
applying
for
GPA
gasoline
standards,
or
for
all
gasoline
imported
in
1997­
1998
by
the
importer.
­
A
letter
signed
by
the
president,
chief
operating
or
chief
executive
officer
of
the
company,
or
his/
her
designee,
stating
that
the
information
contained
in
the
sulfur
baseline
determination
is
true
to
the
best
of
his/
her
knowledge
­
Name,
address,
phone,
facsimile
number
and
E­
mail
address
of
a
corporate
contact
person
­
The
following
information
for
each
batch
of
gasoline
produced
in
1997­
1998:
­
Batch
number
assigned
to
the
batch
under
the
RFG
program
­
Volume
­
Sulfur
content
(
E)
Additional
and/
or
Alternate
Requirements
for
Refiners
and
Importers
who
Participate
in
the
ABT
Credit
or
Allotment
trading
program
The
following
recordkeeping
and
reporting
requirements
apply
to
refiners
and
importers
who
utilize
the
ABT
or
allotment
trading
provisions
under
the
sulfur
program:

By
May
10,
2000,
for
credits
generated
in
2000,
or
by
September
30
of
the
year
prior
to
the
first
year
in
which
a
refiner
plans
to
generate
early
ABT
credits:
­
Refiners
register
with
EPA
if
not
already
registered
under
the
RFG
program
By
September
30,
2000,
for
credits
generated
in
2000,
or
by
September
30
of
the
first
year
in
which
a
refiner
plans
to
generate
early
ABT
credits:
­
Refiners
must
submit
a
sulfur
baseline
application
to
EPA
which
includes:
­
A
listing
of
the
names
and
addresses
of
all
refineries
owned
by
the
corporation
for
which
the
refiner
is
applying
for
a
sulfur
baseline
23
­
The
annual
average
gasoline
sulfur
baseline
for
gasoline
produced
in
1997­
1998
for
each
refinery
for
which
the
refiner
is
applying
for
a
sulfur
baseline
­
A
letter
signed
by
the
president,
chief
operating
or
chief
executive
officer
of
the
company,
or
his/
her
designee,
stating
that
the
information
contain
in
the
sulfur
baseline
determination
is
true
to
the
best
of
his/
her
knowledge
­
Name,
address,
phone
number,
facsimile
number
and
E­
mail
address
of
a
corporate
contact
person
­
For
each
batch
of
gasoline
produced
in
1997­
1998:
­
Batch
number
assigned
under
the
RFG
program
­
Volume
­
Sulfur
content
*
Existing
data
collected
under
the
RFG
program
will
be
used
to
generate
the
required
values.

Beginning
in
2000:
­
Refiners
calculate
early
ABT
credits
generated
(
in
2003,
calculate
early
allotments
generated)
­
Refiners
submit
early
ABT
credit
generation
report
to
EPA
(
submit
early
allotment
generation
report
for
2003)
*
Early
ABT
credit
or
allotment
generation
reports
are
due
to
EPA
by
the
last
day
of
February
of
the
year
following
generation
of
credits
or
allotments.
*
Reporting
of
credit
or
allotment
generation
will
be
included
in
the
refiner's
annual
sulfur
compliance
reports
beginning
in
2004.
*
Except
where
indicated,
the
collection
of
the
required
information
will
not
impose
an
additional
burden
because
it
is
already
required
to
be
collected
under
the
RFG
program.
However,
the
requirement
that
an
additional
annual
early
ABT
credit
or
allotment
report
be
submitted
is
new
under
the
sulfur
program.
*
Annual
sulfur
reports
become
mandatory
for
all
refiners
and
importers
beginning
for
the
2004
averaging
year,
regardless
of
whether
they
participate
in
the
ABT
credit
or
allotment
trading
program.
­
Include
in
the
refiner's
early
ABT
credit
or
allotment
generation
annual
reports
to
EPA:
­
EPA
refiner
and
refinery
facility
registration
numbers
­
Applicable
sulfur
baseline
or
standard
­
Total
volume
of
gasoline
produced
­
Annual
average
sulfur
content
of
gasoline
produced
*
The
collection
of
this
information
is
a
new
requirement
under
the
sulfur
program,
but
the
calculations
rely
on
existing
data
and
are
simple
and
straightforward.
­
The
number
of
credits
and/
or
allotments:
*
The
collection
of
this
information
is
a
new
requirement
under
the
sulfur
program.
­
Carried
over
from
the
prior
averaging
period
­
Generated
­
Obtained
from
or
transferred
to
another
party,
and
the
name
and
EPA
registration
number
of
the
other
party
to
the
transaction
24
­
Carried
over
to
the
subsequent
averaging
period
­
Converted
to
credits
(
in
the
case
of
allotments)
­
Refiners
generating
early
ABT
credits
or
allotments
retain
the
following
records:
­
Batch
number
assigned
for
each
batch
under
the
RFG
program
*
The
batch
number
assigned
under
the
RFG
program
will
be
used.
­
Volume
of
each
batch
­
Production
date
of
each
batch
­
Location,
date,
time
and
storage
tank
or
truck
identification
for
each
sample
collected
­
Results
of
the
sulfur
test
on
each
batch
as
originally
printed
or
recorded,
and
any
record
of
a
test
result
that
is
not
identical
to
the
original
test
result
­
Calculations
used
to
compare
actual
sulfur
level
with
baseline
sulfur
level
*
These
calculations
are
a
new
requirement
under
the
sulfur
program,
but
rely
on
existing
data,
and
are
simple
and
straightforward.
­
Calculations
used
to
determine
the
number
of
credits
or
allotments
generated
­
The
number
of
credits
and
allotments:
­
Carried
over
from
prior
averaging
period
­
Generated
­
Used
­
Obtained
from
or
transferred
to
another
party,
and
the
name
and
EPA
registration
number
of
the
other
party
to
the
transaction
­
Carried
over
to
subsequent
averaging
period
­
Converted
to
credits
(
in
the
case
of
allotments)
­
Contracts
or
other
commercial
documents
that
establish
transfers
of
credits
or
allotments
­
A
copy
of
all
documents
submitted
to
EPA
­
Records
related
to
early
ABT
credits
or
allotments
must
be
retained
for
five
years
from
the
date
of
generation,
use
or
termination;
if
transferred,
both
the
transferor
and
transferee
must
retain
records
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later
*
These
requirements
could
result
in
records
being
required
to
be
retained
for
longer
than
five
years
in
some
cases.

Beginning
in
2004:
­
Refiners
and
importers
calculate
ABT
credits
or
allotments
generated
­
Refiners
and
importers
include
in
the
refinery
or
importer
annual
sulfur
compliance
report
(
in
addition
to
the
information
required
for
all
refiners
and
importers)
the
number
of
credits
and/
or
allotments:
*
The
credit
and
allotment
information
is
a
new
requirement
under
the
sulfur
program.
­
Carried
over
from
the
prior
averaging
period
­
Generated
­
Used
­
Obtained
from
or
transferred
to
another
party,
and
the
name
and
EPA
refiner
or
25
importer
registration
number
of
the
other
party
to
the
transaction
­
Expired
at
the
end
of
the
averaging
period
­
Carried
over
to
the
subsequent
averaging
period
­
Converted
to
credits
(
in
the
case
of
allotments)
*
Refinery
and
importer
annual
sulfur
compliance
reports
are
due
to
EPA
by
the
last
day
of
February
of
the
year
following
the
averaging
period.
­
Refiners
and
importers
retain
the
following
records
(
in
addition
to
records
required
to
be
kept
by
all
refiners
and
importers),
separately
for
credits
and
allotments,
separately
by
year
of
creation,
and
separately
for
GPA
gasoline
and
other
gasoline,
pertaining
to
the
number
of
credits
and/
or
allotments:
­
Carried
over
from
the
prior
averaging
period
­
Generated
­
Used
­
Obtained
from
or
transferred
to
another
party,
and
the
name
and
EPA
registration
number
of
the
other
party
to
the
transaction
­
Expired
at
the
end
of
the
averaging
period
­
Converted
to
credits
(
in
the
case
of
allotments)
­
Refiners
and
importers
retain
records
related
to
credits
and
allotments
for
five
years
from
the
date
of
generation;
if
transferred,
the
transferor
must
retain
records
for
five
years
from
the
date
of
transfer
and
the
transferee
must
retain
records
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later
*
These
requirements
could
result
in
records
being
required
to
be
retained
for
longer
than
five
years
in
some
cases.
*
The
generation
and
retention
of
records
related
to
compliance
with
the
ABT
credit
and
allotment
trading
provisions
is
a
new
requirement
under
the
sulfur
program.

(
F)
Requirements
for
Importers
who
Import
Foreign
Small
Refiner
Gasoline:

The
following
recordkeeping
and
reporting
requirements
apply
to
gasoline
importers
who
import
foreign
small
refiner
gasoline:
*
These
requirements
will
no
longer
be
applicable
after
January
1,
2008,
when
the
small
refiner
program
expires
(
assuming
no
hardship
extensions
are
granted).

Beginning
January
1,
2004:
­
Ensure
that
Sulfur­
FRGAS
imported
into
the
U.
S.
meets
the
applicable
sulfur
cap.
­
For
each
gasoline
batch
classified
as
Sulfur­
FRGAS,
the
importer
is
required
to:
­
In
the
case
of
Non­
Certified
Sulfur­
FRGAS,
have
an
independent
third
party
do
the
following:
­
Determine
the
volume
of
gasoline
in
the
vessel
­
Use
the
foreign
refiner's
Sulfur­
FRGAS
certification
to
determine
the
name
and
EPA­
assigned
registration
number
of
the
refiner
that
produced
the
Sulfur­
FRGAS
­
Determine
the
name
and
country
of
registration
of
the
vessel
used
to
transport
the
Sulfur­
FRGAS
to
the
U.
S.
26
­
Determine
the
date
and
time
the
vessel
arrived
at
the
U.
S.
port
of
entry
­
In
the
case
of
Certified
Sulfur­
FRGAS,
have
an
independent
third
party
also
do
the
following:
­
Collect
a
representative
sample
from
each
vessel
compartment
subsequent
to
the
vessel's
arrival
at
the
U.
S.
port
of
entry,
and
prior
to
off­
loading
of
any
gasoline
­
Prepare
a
volume
weighted
composite
sample
from
the
samples
taken
from
the
vessel's
compartments.
­
Determine
the
sulfur
content
by:
­
Having
the
third
party
test
the
sample,
or
­
Having
the
third
party
observe
the
importer
testing
the
sample
­
The
importer
must
submit
report(
s)
containing
the
required
information
to
EPA
(
and
the
foreign
refiner
if
applicable)
within
thirty
days
of
the
date
a
vessel
transporting
the
imported
gasoline
arrives
at
the
U.
S.
port
of
entry.
*
These
requirements
will
not
require
the
collection
of
information
not
already
available
due
to
the
requirements
of
the
RFG
program.
However,
the
requirement
that
an
independent
third
party
collect
this
information
and
a
report(
s)
be
transmitted
to
EPA
(
and
the
refiner,
if
applicable)
is
new
under
the
sulfur
program.

(
G)
Alternative
Requirements
for
Importers
who
Import
Gasoline
by
Truck
­
Importers
who
import
gasoline
into
the
U.
S.
by
truck
may
use
the
test
results
from
the
foreign
terminal
to
satisfy
the
sampling
and
testing
requirements
that
are
otherwise
required
if
the
importer
fulfills
the
following
alternative
requirements.
These
alternative
requirements
do
not
apply
to
Certified
Sulfur­
FRGAS.
*
The
following
requirements
only
apply
if
the
importer
elects
to
use
this
alternative
way
of
demonstrating
compliance.
The
foreign
terminal
must
agree
to
satisfy
the
requirements
(
discussed
below)
associated
with
this
alternative
compliance
approach.
These
additional
requirements
for
the
terminal
operator
are
not
applicable
if
the
importer
uses
an
independent
third
party
to
conduct
the
required
sampling
and
testing
at
the
terminal
facility.
EPA
expects
that
all
importers
will
use
an
independent
third
party
to
conduct
the
required
sampling
and
testing,
since
this
will
result
in
a
reduction
in
the
burden
of
compliance
for
both
the
importer
and
the
terminal
operator.
­
The
importer
must
obtain
records
from
the
foreign
terminal
at
which
the
gasoline
was
loaded
for
importation
into
the
U.
S.
which
shows
the
sulfur
content
of
each
truck
load
of
gasoline
imported
into
the
U.
S.
­
The
importer
must
conduct
a
QA
program
for
each
truck
loading
terminal
­
QA
samples
must
be
taken
from
the
truck­
loading
terminal
for
testing
by
the
importer
or
an
independent
third
party
to
determine
the
sulfur
content
­
The
sampling
and
testing
must
be
performed
using
the
regulatory
methods
­
The
frequency
of
the
sampling
and
testing
must
be
at
least
one
sample
for
each
fifty
of
an
importer's
trucks
that
are
loaded
at
the
terminal,
or
one
sample
per
month,
whichever
is
more
frequent
­
As
an
alternative,
the
importer's
sampling
and
testing
requirements
may
be
conducted
27
by
an
independent
laboratory
­
The
importer
must
treat
each
truck
load
of
imported
gasoline
as
a
separate
batch
for
purposes
of
assigning
batch
numbers,
maintaining
records,
and
reporting
­
For
a
truck
importer
to
use
the
alternative
sampling
and
testing
procedures,
the
foreign
terminal
must
agree
to
fulfill
the
following
requirements:
­
Sample
and
test
the
gasoline
contained
in
the
storage
tank
from
which
the
trucks
used
to
transport
gasoline
are
loaded,
to
demonstrate
that
a
sulfur
content
does
not
exceed
the
applicable
per­
gallon
standard
­
This
sampling
and
testing
must
be
performed
after
each
receipt
of
gasoline
into
the
storage
tank,
or
immediately
before
each
transfer
of
gasoline
into
the
importer's
truck
*
These
requirements
apply
only
if
the
importer
elects
to
use
the
alternative
procedures
to
demonstrate
compliance
with
the
requirement
to
sample
and
test
each
batch
of
gasoline.
These
additional
requirements
are
not
applicable
if
the
importer
has
an
independent
third
party
conduct
the
required
testing
at
the
foreign
terminal
facility.
EPA
expects
that
this
will
be
the
case,
because
of
the
cost
savings
that
will
result
for
the
importer
as
well
as
the
foreign
terminal
operator.
Terminal
testing
conducted
by
a
third
party
will
satisfy
the
testing
requirements
that
are
otherwise
applicable
to
the
importer.
Therefore,
EPA
expects
that
these
requirements
will
not
result
in
additional
activities
for
foreign
terminal
operators.

(
H)
Additional
and/
or
Alternative
Requirements
for
Refiners,
Pipelines,
and
Terminals
that
Produce
Gasoline
by
Blending
Blendstocks
into
Previously
Certified
Gasoline
Refiners
who
produce
gasoline
by
blending
blendstocks
into
previously
certified
gasoline
(
PCG)
may
satisfy
the
requirement
to
sample
and
test
each
batch
of
gasoline
by
observing
the
following
requirements:

­
Sample
and
test
the
PGC
for
sulfur
content
prior
to
blendstock
blending
and
subsequent
to
blendstock
blending
­
Calculate
the
volume
and
sulfur
content
of
the
blendstock
by
subtracting
the
volume
and
sulfur
content
of
the
PGC
from
the
volume
and
sulfur
content
of
the
gasoline
subsequent
to
blendstock
blending,
or
­
If
every
batch
of
blendstock
used
at
a
refinery
during
an
averaging
period
has
a
sulfur
content
that
is
equal
to
or
less
than
the
applicable
per­
gallon
cap
standard:
­
Sample
and
test
each
batch
of
blendstock
when
received
at
the
refinery
to
determine
the
volume
and
sulfur
content,
and
­
Treat
each
blendstock
receipt
as
a
separate
batch
for
purposes
of
calculations
to
determine
compliance
with
the
applicable
average
annual
sulfur
standard
­
As
an
alternative,
refiner­
blenders
who
blend
butane
into
PCG
may
meet
the
sampling
and
testing
requirements
by
using
sulfur
test
results
from
the
butane
supplier
provided
that:
28
­
The
refiner­
blender
obtains
a
copy
of
the
test
results
from
the
butane
supplier
which
shows
that
the
sulfur
content
of
each
load
of
butane
in
the
storage
tank
from
which
the
blendstock
was
drawn
does
not
exceed
the
applicable
per­
gallon
standard
­
Testing
must
be
performed
using
the
regulatory
method
­
The
butane
is
treated
as
a
batch
(
re:
sulfur
content
and
volume)
for
the
purpose
of
calculating
compliance
with
the
applicable
sulfur
averaging
standard
­
The
blender
conducts
a
quality
assurance
program
including
sampling
and
testing
from
each
butane
supplier
to
demonstrate
that
butane
sulfur
content
is
below
the
applicable
per­
gallon
standard
*
The
frequency
of
butane
sampling
and
testing
from
each
supplier
must
be
one
sample
for
every
500,000
gallons
of
butane
received,
or
one
sample
every
3
months,
whichever
results
in
more
frequent
sampling
(
I)
Requirements
for
Pipelines
and
Terminals
­
Assure
that
S­
RGAS
has
the
applicable
sulfur
content
to
qualify
as
S­
RGAS
(
1/
1/
2004
­
1/
1/
2008).

(
J)
Requirements
for
Gasoline
Retailers
and
Wholesale
Purchaser­
Consumers:

­
If
research
and
development
(
R&
D)
gasoline
is
to
be
stored
by
a
wholesale
purchaserconsumer
(
WPC),
records
must
be
kept
to
demonstrate
that
the
WPC
is
associated
with
the
facility
that
will
be
using
the
R&
D
gasoline.

­
Pumps
from
which
aviation
or
racing
gasoline
is
distributed
at
WPCs
and
retailers
must
show
a
label
that
states
the
gasoline
is
restricted
for
aviation
use
or
sanctioned
racing
events
only.
*
This
requirement
currently
exists
to
support
exemption
from
EPA's
gasoline
detergent
program.
All
aviation
gasoline
will
already
be
in
compliance
with
the
pump
labeling
requirement
under
the
gasoline
detergent
program,
since
gasoline
detergent
additives
are
not
suitable
for
use
in
gasoline
for
aviation
purposes.
EPA
expects
all
racing
gasoline
pumps
will
also
be
labeled
to
obtain
an
exemption
from
the
requirements
of
the
gasoline
detergent
program,
since
there
is
a
substantial
cost
savings
as
a
result
of
not
needing
to
additize
the
gasoline.
Thus,
this
pump
labeling
requirement
under
the
sulfur
program
is
not
expected
to
result
in
an
additional
activity
for
industry.

­
Retailers
and
WPCs
retain
PTDs
which
identify
the
aviation
or
racing
gasoline
for
five
years
*
In
evaluating
the
burdens
associated
with
the
information
collection
requirements
under
the
RFG
program,
EPA
assumed
that
the
requirement
that
retailers
and
WPCs
retain
PTDs
associated
with
the
transfer
of
RFG
for
five
years
did
not
result
in
a
significant
additional
burden
on
these
parties.
The
premise
of
this
assumption
was
that
most
retailers
and
WPCs
already
retain
gasoline
PTDs
as
customary
business
practice.
Based
on
this
29
assumption,
the
burden
of
the
requirement
to
retain
PTDs
for
RFG
for
five
years
was
estimated
to
be
zero
in
the
ICR
Document
for
the
RFG
program.
Similar
to
the
case
outlined
above,
EPA
believes
that
the
requirement
that
retailers
and
WPCs
retain
PTDs
for
CG
under
the
sulfur
program
will
result
in
essentially
no
additional
burden,
since
the
PTDs
would
already
be
maintained
as
a
customary
business
practice
or
to
comply
with
tax
requirements.

(
K)
Requirements
for
Users
of
Research
and
Development
Gasoline:

­
Prior
to
initial
use
of
research
and
development
(
R&
D)
gasoline,
an
application
must
be
submitted
to
EPA
which
contains:
­
Statement
of
purpose
­
Description
of
the
R&
D
program,
including
the
sulfur
level
of
the
gasoline
expected
to
be
used
­
Expected
start
and
completion
dates
of
the
R&
D
program
­
Estimation
of
the
number
of
vehicles
or
engines
in
which
the
fuel
will
be
used
and
mileage
to
be
accumulated
­
Locations
where
gasoline
will
be
stored
and
used
­
Volume
of
gasoline
to
be
used.
­
Identification
of
the
gasoline
distributor
or
other
source
of
the
R&
D
gasoline
­
Explanation
of
why
sulfur­
compliant
gasoline
can
not
be
used
­
Provisions
to
ensure
EPA
monitoring
capability
*
A
report
must
be
submitted
to
obtain
an
exemption
for
R&
D
gasoline
under
EPA's
gasoline
detergent
program.
A
similar
requirement
exists
under
EPA's
fuel
volatility
program.
The
application
under
the
sulfur
program
can
be
combined
with
the
report
already
submitted
to
gain
an
exemption
under
these
existing
EPA
programs.
Therefore,
the
R&
D
gasoline
exemption
application
under
the
sulfur
program
will
not
result
in
additional
reports/
applications
being
submitted
to
EPA.
The
information
required
in
the
R&
D
application
under
the
sulfur
program
is
also
required
in
the
similar
reports
required
under
other
EPA
programs,
except
as
noted
below.
*
The
requirement
to
provide
an
explanation
of
why
sulfur­
compliant
gasoline
cannot
be
used
represents
a
new
information
collection
requirement
under
the
sulfur
program.
However,
this
information
will
be
readily
available,
and
the
additional
activity
required
to
include
it
in
the
application
will
be
minimal.

(
L)
Additional
and/
or
Alternative
Requirements
for
Refiners
who
have
a
Temporary
Hardship
Relief
Exemption
from
Requirements
The
following
recordkeeping
and
reporting
requirements
apply
to
refiners
who
have
a
temporary
exemption
from
some
or
all
of
the
sulfur
program
requirements
due
to
extreme
hardship
situations:

By
September
1,
2000:
30
Refiners
who
seek
an
exemption
from
requirements
in
extreme
hardship
situations
must
submit
an
application
to
EPA
which
includes
a
calculation
of
the
refinery's
1997­
1998
sulfur
baseline.
*
The
information
required
to
establish
the
1997­
1998
baseline
is
already
available
to
the
refiner
due
to
the
requirements
of
the
RFG
program.
The
requirement
to
use
this
information
to
calculate
the
baseline
and
to
submit
a
calculation
of
the
baseline
is
new
under
the
sulfur
program.
However,
these
calculations
are
simple
and
straightforward.
­
The
refiner's
application
must
include
the
following:
­
A
plan
demonstrating
how
the
refiner
will
comply
with
the
sulfur
requirements,
including
a
showing
that
contracts
are
or
will
be
in
place
for
engineering
and
construction
of
desulfurization
equipment,
a
plan
for
applying
for
and
obtaining
any
necessary
permits
for
construction,
a
description
of
plans
to
obtain
necessary
capital
and
a
detailed
estimate
of
when
the
sulfur
requirements
will
be
met.
­
A
detailed
description
of
the
refinery
configuration
and
operations,
including:
­
Portion
of
gasoline
production
that
is
produced
using
an
FCC
unit
­
Hydrotreating
capacity
­
Reformer
unit
throughput
capacity
­
Crude
capacity
­
Crude
capacity
of
any
other
refineries
owned
by
the
same
entity
­
Volume
of
gasoline
production
­
Volume
of
other
refinery
products
­
Geographic
location(
s)
in
which
gasoline
will
be
sold
­
A
detailed
description
of
efforts
to
obtain
capital
for
refinery
investments
­
The
bond
rating
of
the
entity
that
owns
the
refinery.
­
The
estimated
capital
investment
needed
to
comply
with
the
sulfur
requirements
by
the
applicable
date
­
Any
other
relevant
information
requested
by
EPA
­
With
regard
to
the
baseline
determination,
the
application
must
include:
­
A
listing
of
the
names
and
addresses
of
all
refineries
owned
for
which
the
refiner
is
applying
for
an
exemption
­
The
annual
average
gasoline
sulfur
baseline
for
gasoline
produced
in
1997­
1998
for
each
refinery
for
which
the
refiner
is
applying
for
an
exemption
­
A
letter
signed
by
the
president,
chief
operating
or
chief
executive
officer
of
the
company,
or
his/
her
designee,
stating
that
the
information
contained
in
the
sulfur
baseline
determination
is
true
to
the
best
of
his/
her
knowledge
­
Name,
address,
phone
number,
facsimile
number
and
E­
mail
address
of
a
corporate
contact
person
­
The
following
information
for
each
batch
of
gasoline
produced
in
1997­
1998:
­
Batch
number
assigned
to
the
batch
under
the
RFG
program
­
Volume
­
Sulfur
content
­
Foreign
refiners
who
do
not
have
an
approved
refinery
baseline
under
the
antidumping
regulations
must
establish
a
1997­
1998
sulfur
baseline
in
accordance
with
31
the
anti­
dumping
baseline
establishment
requirements.

(
ii)
Respondent
Activities
As
noted
above,
much
of
the
information
that
is
needed
to
comply
with
the
recordkeeping
requirements
under
this
collection
is
already
being
retained
either
to
comply
with
the
requirements
of
the
RFG
program
or
as
a
customary
business
practice.
In
addition,
much
of
the
information
required
to
be
reported
is
already
being
reported
to
EPA
to
demonstrate
compliance
under
the
RFG
program.
The
Agency
has
made
efforts
to
ensure
that
the
requirements
under
the
sulfur
program
are
consistent
with,
and
do
not
duplicate
the
requirements
under
the
RFG
program
or
other
EPA
fuels
programs.
To
the
extent
possible,
EPA
has
ensured
that
information
collected
and
reported
under
the
RFG
program
can
also
be
used
to
demonstrate
compliance
with
the
sulfur
program
without
necessitating
additional
activities
by
the
regulated
parties.
Only
in
cases
where
it
is
essential
to
ensure
the
realization
of
the
projected
benefits
of
the
sulfur
program,
is
EPA
requiring
testing,
recordkeeping,
and
reporting
beyond
that
already
required
under
the
RFG
program.

The
regulated
parties
for
which
the
sulfur
requirements
will
result
in
new
activities
beyond
familiarization
with
program
requirements
are
refiners,
importers,
terminals,
pipelines,
and
users
of
R&
D
gasoline.
Gasoline
truckers,
retailers,
and
WPCs
will
not
need
to
undertake
new
activities
beyond
becoming
familiar
with
the
requirements
of
the
sulfur
program.

The
activities
arising
out
of
the
testing,
recordkeeping,
and
reporting
requirements
outlined
in
the
preceding
section
are
listed
below
according
to
the
respondent
class
to
which
they
apply.
A
summary
of
these
activities
can
be
found
at
the
end
of
this
section.
Activities
that
apply
to
a
broad
class
of
respondents
(
such
as
refiners
and
importers)
are
also
applicable
to
respondent
subclasses
(
such
as
small
refiners,
GPA
producers
and
importers
and
refiners
who
participate
in
the
ABT
credit
and
allotment
trading
programs)
unless
otherwise
noted.
Only
new
activities
that
would
result
from
the
implementation
of
the
sulfur
program
are
listed.

Several
burden
activities
associated
with
this
ICR
were
required
to
be
completed
by
2004.
These
activities
are
described
and
the
associated
burdens
and
costs
are
included
in
this
ICR.
However,
since
these
burdens
are
no
longer
required
during
the
period
covered
by
this
ICR
renewal,
they
are
not
included
in
the
calculations
of
annual
burdens
and
costs
for
the
period
covered
by
this
ICR.

The
following
lists
detail
the
activities
of
the
various
regulated
parties:

(
A)
Activities
of
Gasoline
Refiners
and
Importers
Beginning
in
2000:
­
Familiarize
appropriate
employees
with
new
requirements.
32
By
November
1,
2003:
­
Register
with
EPA,
or
not
later
than
three
months
in
advance
of
the
date
the
refiner
or
importer
produces
or
imports
gasoline,
whichever
is
later,
if
not
already
registered
with
EPA
under
the
RFG
program.

Beginning
January
1,
2004:
­
Test
each
batch
of
CG
for
its
sulfur
content,
retain
samples
from
the
most
recent
20
samples
collected
or
for
each
sample
collected
during
the
most
recent
21
day
period,
whichever
is
greater,
and
retain
records
of
the
testing
for
five
years.
As
discussed
earlier,
the
RFG
program
allows
testing
on
composite
samples
taken
from
multiple
CG
batches.
Therefore,
this
requirement
will
require
testing
of
additional
batches
of
CG
for
their
sulfur
content
(
and
the
retention
of
additional
test
reports
and
CG
batch
samples),
but
will
not
require
additional
samples
to
be
taken.

­
Conduct
a
QA
periodic
sampling
and
testing
program
for
sulfur
content
for
defense
purposes
Beginning
with
the
2004
averaging
period:
­
Calculate
the
corporate
pool
average
sulfur
level
from
batch
test
reports.
­
Submit
a
corporate
pool
annual
sulfur
averaging
report
to
EPA.
*
This
requirement
expires
after
January
1,
2006,
when
the
corporate
pool
average
standards
are
no
longer
in
effect.
*
Annual
reports
are
to
be
submitted
by
the
last
day
of
February
following
the
previous
year's
averaging
period.
­
As
discussed
in
a
later
section,
refiners
and
importers
who
utilize
the
ABT
credit
and
allotment
trading
provisions
are
required
to
collect
information
related
to
credits
activity
­
As
discussed
in
a
later
section
on
the
activities
of
importers
who
import
small
refiner
gasoline,
additional
information
from
the
foreign
refiner
that
supplies
the
gasoline
to
the
importer
is
required.
­
Arrange
to
have
an
independent
third
party
submit
to
EPA
an
attest
engagement
report
by
May
31
of
each
year
for
the
prior
calendar
year
averaging
period
*
Data
collected
to
comply
with
the
RFG
program
will
be
reviewed
to
find
the
relevant
information,
which
will
then
be
used
to
determine
whether
the
refiner
or
importer
had
evaluated
their
compliance
with
the
requirements
of
the
sulfur
program
correctly.

Beginning
January
1,
2005:
­
Calculate
the
average
annual
sulfur
level
of
each
refinery,
or
all
imported
gasoline,
using
batch
test
reports
Beginning
with
the
2005
averaging
period:
­
Submit
refinery
and
importer
annual
averaging
reports
to
EPA
*
Refinery
and
importer
annual
averaging
reports
must
be
submitted
by
the
last
day
of
33
February
of
the
year
following
the
prior
year's
averaging
period.
*
A
refiner's
annual
sulfur
report
for
the
2005
averaging
period
must
include
both
the
corporation's
production
for
all
refineries
(
and
imported
gasoline)
to
demonstrate
compliance
with
the
corporate
pool
average
standard,
and
the
refiner's
production
for
each
refinery
that
produced
gasoline
during
the
averaging
period
to
demonstrate
compliance
with
the
refinery
annual
average
standard.

(
B)
Activities
of
Gasoline
Refiners
That
Utilize
the
Small
Refiner
Provisions:

*
These
requirements
are
new
under
the
sulfur
program,
but
only
apply
if
the
refiner
elects
to
participate
in
the
small
refiner
program.
These
requirements
will
cease
to
be
applicable
after
the
expiration
of
the
small
refiner
provisions
on
January
1,
2008
(
assuming
no
hardship
extensions
are
granted).

By
December
31,
2000:
­
Register
with
EPA
if
not
already
registered
under
the
RFG
program
and
submit
applications
for
small
refiner
status,
including
1997­
1998
sulfur
baseline
data
*
The
information
required
regarding
the
sulfur
baseline
is
already
available
to
the
refiner
due
to
the
requirements
of
the
RFG
program,
or
has
been
collected
as
a
customary
business
practice.

By
January
1,
2003:

S
Small
refiners
who
wish
to
request
an
adjustment
of
their
per­
gallon
cap
sulfur
standard
must
submit
a
letter
to
EPA
which
includes
specified
information
relating
to
the
need
for
such
relief.

Beginning
January
1,
2004,
or
not
later
than
three
months
in
advance
of
the
first
date
of
the
production
of
gasoline,
whichever
is
later,
perform
the
following
activities:
­
For
transfers
of
gasoline
with
a
small
refiner
designation,
identify
the
gasoline
as
small
refiner
gasoline
(
S­
RGAS)
and
indicate
the
downstream
sulfur
standard
on
PTDs.
*
Since
some
small
refiner
gasoline
will
still
be
in
the
distribution
system
for
a
period
after
January
1,
2008,
the
PTD
provisions
will
remain
in
effect
as
long
as
this
gasoline
remains
in
the
gasoline
distribution
system.
­
For
a
small
foreign
refinery
that
has
been
assigned
an
individual
sulfur
baseline,
generate
PTDs
for
all
gasoline
that
is
exported
to
the
U.
S.
which
identify
the
gasoline
as
either
Certified
Sulfur­
FRGAS
or
Non­
Certified
Sulfur­
FRGAS,
except
that:
­
The
foreign
refiner
may
elect
to
classify
no
gasoline
imported
into
the
U.
S.
as
Sulfur­
FRGAS,
provided
that
the
refiner
notify
EPA
no
later
than
November
1
of
the
prior
calendar
year
*
EPA
expects
that
no
refiners
will
exercise
this
option,
because
of
the
economic
incentive
to
designate
gasoline
as
Sulfur
FRGAS.
Thus,
EPA
expects
that
this
provision
will
not
result
in
a
new
activity
for
any
refiner.
­
Notify
EPA
if
refiner
wishes
to
withdrawal
small
refiner
status.
Upon
notice
to
EPA,
34
effective
on
January
1
of
the
year
following
such
notification,
the
small
refiner
will
become
subject
to
the
non­
small
refiner
sulfur
standards.

(
C)
Activities
of
Refiners
and
Importers
Who
Participate
in
the
ABT
Credit
and/
or
Allotment
Trading
Program
*
These
requirements
are
new
under
the
sulfur
program,
but
only
apply
if
a
refiner
or
importer
elects
to
participate
in
the
ABT
credit
and/
or
allotment
trading
programs.

Beginning
January
1,
2000:
­
Keep
records
pertaining
to
the
generation
of
any
early
ABT
credits
generated
during
the
2000
through
2003
annual
averaging
periods.

By
May
10,
2000:
­
Register
with
EPA
if
generating
early
credits
in
2000,
or
by
September
30
of
the
year
prior
to
the
1st
year
of
early
credit
generation,
if
not
already
registered
with
EPA
under
the
RFG
program.

By
September
30,
2000:
­
Submit
a
sulfur
baseline
application
to
EPA
if
early
credits
are
to
be
generated
in
2000,
or
by
September
30
of
the
first
year
in
which
early
credits
are
generated
Beginning
with
the
2000
averaging
period,
or
the
first
year
of
participation
in
the
ABT
credit
and/
or
allotment
trading
program,
whichever
is
earlier,
a
refiner
who
generates,
uses,
or
transfers
ABT
credits,
or
a
refiner
or
importer
who
generates,
uses,
or
transfers
allotments
must:
­
Submit
an
annual
sulfur
averaging
report
to
EPA:
*
The
requirement
to
submit
a
sulfur
report
is
mandatory
for
all
refiners
and
importers
beginning
in
the
2004
averaging
period
to
demonstrate
compliance
with
the
corporate
pool
average
standards,
and
beginning
in
2005,
to
demonstrate
compliance
with
the
refinery
or
importer
annual
average
standards,
regardless
of
their
participation
in
the
ABT
credit
and/
or
allotment
trading
program.
­
The
following
new
information
is
required
to
be
collected
to
complete
the
report:
­
The
credits
or
allotments
carried
over
from
prior
averaging
period,
generated,
used,
terminated,
transferred
or
carried
over
to
the
next
averaging
period
­
The
identity
of
the
refiners/
refineries
and
importers
(
including
EPA
registration
numbers)
involved
in
credit
transactions.
­
Retain
records
related
to
ABT
credit
and
allotment
activity
*
Records
related
to
ABT
credits
and
allotments
must
typically
be
kept
for
five
years.
When
sulfur
credits
are
transferred,
the
related
records
must
be
kept
by
the
transferor
for
five
years
from
the
date
of
transfer,
and
by
the
transferee
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later.
Early
credits
must
be
kept
for
five
years
from
the
date
of
generation,
use
or
termination
of
the
credits.
Where
early
credits
are
35
transferred,
both
the
transferor
and
transferee
must
keep
related
records
for
five
years
from
the
date
of
transfer,
use
or
termination,
whichever
is
later.
As
a
result,
under
certain
circumstances,
records
could
be
required
to
be
kept
for
longer
than
five
years.
*
The
retention
of
such
records
is
a
new
requirement.
­
Test
each
batch
of
gasoline
for
sulfur
content,
and
retain
records
of
this
testing
*
Test
results
obtained
under
the
RFG
program,
including
test
results
of
CG
composite
samples,
fulfill
this
requirement
for
early
credit/
allotment
generation.

(
D)
Activities
of
Importers
That
Import
Foreign
Small
Refiner
Gasoline:

Beginning
January
1,
2004:
*
These
requirements
cease
to
be
applicable
after
the
expiration
of
the
small
refiner
provisions
on
January
1,
2008
(
assuming
no
hardship
extensions
are
granted).
*
These
requirements
will
not
require
the
collection
of
information
not
already
available
due
to
the
requirements
of
the
RFG
program.
However,
the
requirement
that
an
independent
third
party
collect
this
information
and
that
report(
s)
be
transmitted
to
EPA
(
and
the
refiner
if
applicable)
is
new
under
the
sulfur
program.
­
For
each
gasoline
batch
classified
as
Sulfur­
FRGAS,
perform
the
following:
­
Have
an
independent
third
party
compile
the
required
information
and
prepare
a
report
for
submission
to
EPA
­
For
each
batch
classified
as
Certified
Sulfur­
FRGAS,
perform
the
following:
­
Have
an
independent
third
party
compile
the
required
information
and
prepare
a
report
for
submission
to
EPA
and
the
appropriate
foreign
refiner
­
Identify
Certified
Sulfur­
FRGAS
as
S­
RGAS
on
PTDs.

(
E)
Activities
of
Refiners
and
Importers
of
Geographic
Phase­
In
Area
(
GPA)
Gasoline
By
December
31,
2000:
­
Submit
an
application
to
EPA
which
includes
the
refinery's
or
importer's
1997­
1998
sulfur
baseline
data
*
This
is
a
new
requirement
under
the
sulfur
program,
but
only
applies
if
the
refiner
or
importer
elects
to
use
this
alternative
for
demonstrating
compliance
with
gasoline
sold
in
the
GPA.

Beginning
January
1,
2004:
­
Submit
annual
sulfur
averaging
reports
to
EPA
for
GPA
gasoline.
*
Refiners
and
importers
who
produce
or
import
50%
or
more
of
their
gasoline
for
use
in
the
GPA
are
not
subject
to
the
corporate
pool
average
standards,
and,
as
a
result,
are
not
required
to
submit
corporate
pool
annual
averaging
reports.
However,
refiners
and
importers
who
produce
or
import
less
than
50%
of
their
gasoline
for
use
in
the
GPA
are
subject
to
the
corporate
pool
average
standards
and
must
submit
sulfur
corporate
pool
averaging
reports
beginning
in
2004.
36
(
F)
Activities
of
Refiners
who
are
Exempt
from
Requirements
for
Extreme
Hardship
By
September
1,
2000:
­
Submit
applications
for
temporary
relief
from
requirements
due
to
extreme
hardship,
including
1997­
1998
sulfur
baseline
data
*
This
is
a
new
requirement
under
the
sulfur
program,
but
only
applies
if
the
refiner
elects
to
apply
for
relief
from
some
or
all
of
the
sulfur
requirements
due
to
extreme
hardship
situations.

(
G)
Alternate
Activities
for
Importers
that
Import
Gasoline
by
Truck:

­
Use
the
following
alternative
requirements
to
satisfy
the
requirement
to
sample
and
test
every
batch
of
gasoline
that
is
otherwise
applicable:
­
Obtain
test
results
from
the
foreign
terminal
at
which
the
gasoline
was
loaded
which
shows
the
sulfur
content
of
each
truck
load
of
gasoline
imported
into
the
U.
S.
­
Satisfy
a
QA
program
requirement
for
each
truck
loading
terminal
­
Samples
from
the
truck­
loading
terminal
may
be
taken
for
testing
either
by
the
importer
or
an
independent
third
party
*
The
frequency
of
the
sampling
and
testing
must
be
at
least
one
sample
for
each
fifty
of
an
importer's
trucks
that
are
loaded
at
the
terminal,
or
one
sample
per
month,
whichever
is
more
frequent
*
These
alternative
requirements
only
apply
if
the
importer
elects
to
use
this
alternative
way
of
demonstrating
compliance.
*
These
alternative
requirements
would
not
be
applicable
to
Certified
Sulfur­
FRGAS.
*
EPA
expects
that
importers
will
satisfy
the
sampling
and
testing
requirement
by
contracting
with
an
independent
third
party
to
perform
the
required
sampling
and
testing
at
the
terminal(
s)
from
which
the
gasoline
is
drawn.

(
H)
Alternative
Activities
for
Refiners,
Terminals,
and
Pipelines
That
Produce
Gasoline
by
Blending
Blendstocks
into
Previously
Certified
Gasoline:

As
an
alternative
to
the
requirement
to
sample
and
test
each
batch
of
gasoline,
refiners
who
produce
gasoline
by
blending
blendstocks
into
previously
certified
gasoline
may
use
the
following
blendstock
accounting
procedures:

­
Calculate
the
volume
and
sulfur
content
of
the
blendstock
by
subtracting
the
volume
and
sulfur
content
of
the
base
gasoline
before
blending
from
the
volume
and
sulfur
content
of
the
gasoline
subsequent
to
the
addition
of
the
blendstock
­
If
every
batch
of
blendstock
used
at
a
refinery
during
an
averaging
period
has
a
sulfur
content
that
is
equal
to,
or
less
than,
the
applicable
per­
gallon
cap
standard:
­
Each
batch
of
blendstock
may
be
sampled
and
tested
when
received
at
the
refinery
to
determine
the
volume
and
sulfur
content,
and
­
Each
blendstock
receipt
may
be
treated
as
a
separate
batch
for
purposes
of
37
calculations
to
determine
compliance
with
the
applicable
average
annual
sulfur
standard
*
The
required
blendstock
information
is
available
as
customary
business
practice.
*
The
required
calculations
is
a
new
activity
under
the
sulfur
program.

­
For
refiner/
blenders
who
blend
only
butane
into
PCG,
use
sulfur
test
results
from
the
butane
supplier
provided
that:
­
The
butane
blender
obtains
a
copy
of
the
test
results
from
the
butane
supplier
which
shows
that
the
butane
in
the
storage
tank
from
which
the
butane
was
drawn
does
not
exceed
the
applicable
per­
gallon
standard
­
The
butane
is
treated
as
a
batch
(
re
sulfur
content
and
volume)
for
the
purpose
of
calculating
compliance
with
the
applicable
sulfur
averaging
standard
­
The
refiner
conducts
a
QA
program
including
sampling
and
testing
from
each
butane
supplier
to
demonstrate
that
butane
sulfur
content
does
not
exceed
the
applicable
pergallon
standard
*
The
frequency
of
butane
sampling
and
testing
from
each
supplier
must
be
one
sample
for
every
500,000
gallons
of
butane
received,
or
one
sample
every
3
months,
whichever
results
in
more
frequent
sampling.

(
I)
Activities
of
Pipelines
and
Terminals
Beginning
in
2000:
­
Familiarize
appropriate
employees
with
new
requirements
Beginning
in
2004:
­
Conduct
periodic
QA
assurance
testing
for
sulfur
content
for
defense
purposes
­
Conduct
sampling
and
testing
of
gasoline
designated
as
S­
RGAS
(
J)
Activities
of
Users
of
Research
and
Development
Gasoline:

Beginning
in
2000:
­
Familiarize
appropriate
employees
with
new
requirements
­
Prior
to
initial
use
of
R&
D
gasoline,
submit
an
application
to
EPA
*
A
report
currently
must
be
submitted
to
obtain
an
exemption
for
R&
D
gasoline
under
EPA's
gasoline
detergent
program.
A
similar
requirement
exists
under
EPA's
gasoline
volatility
program.
The
application
for
exemption
under
the
sulfur
program
could
be
combined
with
the
report
already
submitted
to
gain
exemptions
under
these
existing
EPA
programs.
Therefore,
the
R&
D
gasoline
exemption
application
requirement
under
the
sulfur
program
is
not
expected
to
result
in
additional
reports/
applications
being
submitted
to
EPA.
Most
of
the
information
required
in
the
R&
D
application
under
the
sulfur
program
is
also
required
in
the
similar
reports
required
under
other
EPA
programs.
­
The
following
new
information
will
need
to
be
provided
on
the
application:
­
An
explanation
of
why
sulfur­
compliant
gasoline
can
not
be
used
in
the
R&
D
38
program
(
K)
Activities
of
Carriers,
Retailers,
and
WPCs
Beginning
in
2000:
­
Familiarize
appropriate
employees
with
the
new
requirements
­
WPCs
identify
any
R&
D
gasoline
(
L)
Summary
of
New
Activities
that
Result
from
the
Requirements
of
the
Sulfur
Program
The
new
activities
listed
for
a
broad
group
of
respondents
(
e.
g.,
refiners
and
importers)
also
apply
to
respondent
sub­
groups
(
e.
g.,
small
refiners).
The
date
when
these
activities
must
first
be
performed
is
noted.

Gasoline
Refiners
and
Importers:
*
Activities
for
foreign
refiners
end
1/
1/
2008,
when
all
accounting
would
be
undertaken
by
the
importer.
Before
this
time,
the
only
requirements
for
foreign
refiners
that
result
in
new
activities
are
those
associated
with
the
small
refiner,
early
credit
generation,
and
temporary
hardship
relief
provisions.
1)
Familiarize
appropriate
employees
with
the
new
requirements
(
2000).
2)
Register
with
EPA
if
not
already
registered
(
by
November
1,
2003,
or
not
later
than
three
months
in
advance
of
the
date
the
refinery
or
importer
produces
or
imports
gasoline,
whichever
is
later.)
3)
Test
each
batch
of
conventional
gasoline
for
sulfur
content
and
maintain
records
and
a
batch
sample
from
these
tests
(
1/
1/
2004
and
beyond).
4)
Conduct
Q/
A
periodic
sampling
and
testing
for
sulfur
for
defense
purposes
(
1/
1/
2004
and
beyond).
5)
Submit
annual
corporate
pool
sulfur
averaging
report
to
EPA
(
2/
2005;
2/
2006).
­
Calculate
average
annual
sulfur
level
using
existing
data
for
the
corporate
gasoline
pool
6)
Submit
annual
refinery
and/
or
importer
annual
averaging
reports
to
EPA
(
2/
2006
and
beyond).
­
Calculate
average
annual
sulfur
level
using
existing
data
for
each
refinery
and/
or
for
all
imported
gasoline
7)
Arrange
for
sulfur
attest
engagement
report
to
be
submitted
to
EPA
(
5/
30/
2005
and
beyond).
*
Independent
third
party
drafts
report
using
existing
data.

Small
Refiners:
*
These
activities
end
after
the
small
refiner
program
expires
on
1/
1/
2008
(
assuming
no
hardship
extensions
are
granted).
1)
Submit
small
refiner
status
application
to
EPA
including
individual
refinery
sulfur
baseline
information
(
by
12/
31/
2000).
39
2)
Perform
calculations
using
existing
data
to
support
determination
of
baseline.
3)
Place
applicable
small
refiner
gasoline
designation
and
applicable
downstream
sulfur
standard
on
PTDs
(
as
early
as
1/
1/
2004,
depending
on
when
refiner
begins
producing
small
refiner
gasoline).
4)
Notify
EPA
if
refiner
wishes
to
withdraw
small
refiner
status.
5)
For
small
refiners
who
wish
to
request
an
adjustment
of
their
per­
gallon
cap
sulfur
standard,
submit
a
letter
to
EPA
substantiating
the
need
for
such
relief
(
by
1/
1/
2003).

Refiners
and
Importers
of
GPA
Gasoline:
*
These
activities
end
after
the
GPA
program
expires
on
1/
1/
2007.
1)
Submit
GPA
gasoline
application
including
individual
refinery
or
importer
sulfur
baseline
information
(
by
12/
31/
2000).
2)
Perform
calculations
using
existing
data
to
support
determination
of
baseline.
3)
Submit
separate
annual
averaging
refinery
reports
for
GPA
gasoline
(
beginning
1/
1/
2004).
4)
Place
applicable
GPA
gasoline
designation
on
PTDs(
beginning
1/
1/
2004).

Refiners
Seeking
a
Temporary
Exemption
from
Requirements
for
Extreme
Hardship:
1)
Submit
application
including
individual
refinery
sulfur
baseline
information
and
required
information
to
demonstrate
extreme
hardship
(
by
9/
1/
2000).
2)
Perform
calculations
using
existing
data
to
support
determination
of
baseline.

Refiners
and
Importers
Who
Participate
in
the
ABT
Credit
and/
or
Allotment
Trading
Program:
1)
Submit
sulfur
baseline
information
to
EPA
for
purposes
of
generating
early
ABT
credits
(
9/
30/
2000).
2)
Comply
early
with
requirement
to
submit
annual
sulfur
averaging
report
to
EPA
(
February
28,
2001,
or
last
day
of
February
following
the
first
year
of
participation
in
ABT
credit
or
allotment
trading
program,
whichever
is
later).
3)
Keep
records
on
ABT
credit
and/
or
allotment
trading
program
activity
and
include
this
information
in
annual
sulfur
average
report.

Importers
that
Import
Small
Foreign
Refiner
Gasoline:
(
Beginning
1/
1/
2004)
*
These
activities
end
after
the
small
refiner
program
expires
on
1/
1/
2008
(
assuming
no
hardship
extensions
are
granted).
1)
For
each
batch
of
Sulfur­
FRGAS,
have
an
independent
third
party
compile
the
required
information
(
which
is
available
due
to
the
need
to
comply
with
other
EPA
programs,
or
as
customary
business
practice)
and
submit
a
report
to
EPA.
2)
For
each
batch
of
Certified­
Sulfur
FRGAS
have
an
independent
third
party
compile
the
required
information
(
which
is
available
due
to
the
need
to
comply
with
other
EPA
programs,
or
as
customary
business
practice)
and
submit
a
report
to
EPA
and
the
refiner
that
is
the
source
of
the
subject
gasoline
batch.
40
Alternative
Activities
for
Refiners,
Terminals,
and
Pipelines
that
Produce
Gasoline
by
Blending
Blendstocks
into
Previously
Certified
Gasoline:
(
Beginning
1/
1/
2004)
As
an
alternative
to
the
requirement
to
sample
and
test
each
batch
of
gasoline
the
refiner
may:
1)
Use
alternative
blendstock
accounting
procedures
and
perform
associated
calculations
(
that
rely
on
existing
data)
to
demonstrate
compliance
(
available
only
if
each
batch
of
blendstock
has
a
sulfur
level
below
the
applicable
per
gallon
cap
standard.)
2)
If
the
only
blendstock
used
by
the
refiner
is
butane
(
and
provided
sulfur
content
of
the
butane
does
not
exceed
a
specified
value),
the
refiner
may
use
test
results
from
the
butane
supplier
to
demonstrate
compliance.
­
If
this
option
is
used
the
refiner
must
conduct
a
QA
program
that
includes
sampling
and
testing
of
the
sulfur
content
from
each
butane
supplier
­
The
frequency
of
this
required
additional
sampling
and
testing
would
be
once
for
every
500,000
gallons
of
butane
received
(
from
each
butane
supplier),
or
one
sample
every
3
months,
whichever
is
more
frequent
Alternative
Activities
for
Importers
that
Import
Non­
Certified
FRGAS
by
Truck
(
to
demonstrate
the
requirement
to
sample
and
test
each
gasoline
batch):
(
Beginning
1/
1/
2004)
1)
Obtain
sulfur
test
results
from
the
foreign
terminal.
2)
Have
an
independent
third
party
perform
the
required
sampling
and
testing
at
each
terminal
from
which
the
importer
draws
gasoline.

Activities
of
Terminals
and
Pipelines:
1)
Familiarize
appropriate
employees
with
new
requirements
(
2000).
2)
Conduct
a
QA
program
of
periodic
testing
for
sulfur
content
(
1/
1/
2004
and
beyond).
3)
Comply
with
requirements
for
blenders
of
butane
into
previously
certified
gasoline
(
1/
1/
2004
and
beyond).

Activities
of
Gasoline
Carriers,
Retailers
Wholesale
Purchaser­
Consumers:
1)
Familiarize
appropriate
employees
with
new
requirements
(
2000).

Activities
of
Users
of
Research
and
Development
Gasoline:
1)
Familiarize
appropriate
employees
with
the
new
requirements
(
2000).
2)
Add
information
to
application
for
R&
D
exemption
from
EPA
requirements
(
e.
g.
RFG
program,
gasoline
detergents
program,
and
sulfur
program)
specific
to
why
sulfurcompliant
gasoline
can
not
be
used.
(
1/
1/
2004)

5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
41
Agency
activities
associated
with
the
annual
reporting
requirements
of
this
information
collection
consist
of
the
following:

1)
Set
up
a
database
to
manage
the
data
contained
in
refiner
and
importer
annual
reports
with
regard
to
the
proposed
sulfur
requirements;
2)
Answer
respondent
questions;
3)
Review
submitted
reports
(
includes
associated
Agency
inspections
and
investigations);
4)
Enter
data
from
the
reports
into
the
database;
5)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
6)
Store
the
data
and
archive
according
to
a
record
retention
schedule
conforming
to
EPA
policy.

Agency
activities
associated
with
the
attest
engagement
requirements
of
this
information
collection
consist
of
the
following:

1)
Prepare
appropriate
storage
space
for
submittals;
2)
Review
submitted
reports
(
includes
associated
Agency
inspections
and
investigations);
3)
Store
the
data
and
archive
according
to
a
record
retention
schedule
conforming
to
EPA
policy.

Agency
activities
associated
with
reviewing
the
ABT
baseline
submittals
of
this
information
collection
consist
of
the
following:

1)
Prepare
appropriate
storage
space
for
submittals;
2)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
3)
Review
submittals
(
includes
associated
Agency
inspections
and
investigations);
4)
Notify
refiners
within
60
days
of
receipt
of
application
of
approval
or
of
any
deficiencies
in
the
submittal.

Agency
activities
associated
with
reviewing
the
small
refiner
status
applications
and
baseline
submittals
of
this
information
collection
consist
of
the
following:

1)
Prepare
appropriate
storage
space
for
submittals;
2)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
3)
Review
applications
and
baseline
submittals
(
includes
associated
Agency
inspections
and
investigations);
4)
Notify
refiners
of
approval
or
disapproval
via
letter.

Agency
activities
associated
with
reviewing
the
small
refiner
hardship
extension
applications
of
this
information
collection
consist
of
the
following:

1)
Prepare
appropriate
storage
space
for
application;
2)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
42
3)
Review
applications
(
includes
associated
Agency
inspections
and
investigations);
4)
Notify
refiners
of
approval
or
disapproval
via
letter.

Agency
activities
associated
with
reviewing
requests
for
an
adjustment
to
the
small
refiner
per­
gallon
cap
sulfur
standard
consist
of
the
following:

1)
Review
requests;
2)
Provide
appropriate
protection
for
confidentiality;
3)
Notify
refiner
of
approval
or
disapproval
of
request.

Agency
activities
associated
with
reviewing
the
geographic
phase­
in
area
(
GPA)
applications
of
this
information
collection
consist
of
the
following:

1)
Prepare
appropriate
storage
space
for
application;
2)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
3)
Review
applications
(
includes
associated
Agency
inspections
and
investigations);
4)
Notify
refiners
and
importers
of
GPA
gasoline
standards
via
letter.

Agency
activities
associated
with
reviewing
the
temporary
hardship
relief
applications
of
this
information
collection
consist
of
the
following:
1)
Prepare
appropriate
storage
space
for
submittals;
2)
Analyze
requests
for
confidentiality
and
provide
appropriate
protection;
3)
Review
submittals
(
includes
associated
Agency
inspections
and
investigations);
4)
Notify
refiners
of
approval
or
disapproval
via
letter.

5(
b)
Collection
Methodology
and
Management
The
collection
methodology
and
management
of
the
information
collected
will
be
similar
to
the
process
used
for
the
RFG
program.
The
information
can
be
reported
in
a
standard
format.
Additionally,
submitters
may
tailor
their
reports
for
efficient
utilization
of
their
individual
software
systems,
subject
to
acceptance
by
the
Administrator.
The
information
requested
is
amenable
to
electronic
transfer;
i.
e.,
via
telefax
or
computer
interface,
but
written
certification
of
accuracy
would
be
necessary.
It
is
possible
that
electronic
transfer
via
computer
interface
may
require
development
of
new,
or
modification
of
existing,
software.

When
the
submittal
is
received,
EPA
will
review
it
for
completeness
and,
as
appropriate,
enter
the
data
into
a
database
which
will
be
incorporated
into
the
existing
database
for
the
RFG
program
or
appropriately
store
baseline
or
hardship
submittals.
EPA
may
also
review
respondents'
records
as
a
part
of
its
enforcement
effort
to
ensure
the
accuracy
and
validity
of
the
data
submitted.
Non­
confidential
data
will
be
made
available
to
the
public
upon
request.

5(
c)
Small
Refiner,
GPA
Gasoline
and
Temporary
Relief
Flexibilities
43
As
discussed
in
Section
3(
c)
above,
as
part
of
its
effort
to
comply
with
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
also
met
with
small
entity
representatives
and
which
then
made
specific
recommendations
to
EPA
regarding
the
impact
of
sulfur
control
on
small
businesses.
A
copy
of
the
panel's
report
is
available
in
the
docket
for
this
regulatory
action.
The
report
contains
a
list
of
the
fuel
industry's
participating
small
entity
representatives,
and
provides
a
summary
of
their
comments.

The
panel's
recommendations
were
carefully
considered
by
EPA
in
developing
the
sulfur
rule
and
the
specific
provisions
for
qualifying
small
refiners.
The
panel
did
not
recommend
a
wholesale
exemption
for
small
refiners,
but
rather
that
they
be
provided
additional
time
to
comply.
EPA's
small
refiner
provisions
provide
interim
standards
for
each
small
refiner,
which
are
less
stringent
than
the
standards
applicable
in
general
to
refiners
and
importers,
while
delaying
compliance
with
the
national
standards
for
several
years
(
even
beyond
the
phase­
in
period
applicable
in
general
to
refiners
and
importers).
A
provision
to
provide
on
a
case­
by­
case
basis
hardship
extensions
to
small
refiners
is
also
included
in
the
sulfur
rule.

Also
as
discussed
in
Section
3(
c)
above,
the
sulfur
program
provides
for
somewhat
less
stringent
standards
for
refiners
who
produce
gasoline
for
certain
states
and
counties
in
the
western
U.
S.
in
the
early
phase
of
the
program
(
GPA
gasoline).
In
addition,
the
sulfur
program
provides
for
temporary
relief
from
the
sulfur
requirements
for
refiners
who
can
demonstrate
that
extreme
hardship
would
result
in
the
absence
of
such
relief.

The
small
refiner,
GPA
and
temporary
hardship
relief
provisions
necessitate
many
of
the
information
collection
requirements
in
this
request,
namely
the
small
refiner,
GPA
gasoline,
and
temporary
hardship
relief
applications
and
the
associated
baseline
submittals
(
in
addition
to
the
annual
reporting
and
attest
engagement
requirements
of
all
refiners
and
importers).
EPA
does
not
believe
these
additional
reporting
requirements
will
be
a
burden
to
those
refiners
who
are
eligible
and
choose
to
participate
in
these
programs
because
of
the
relief
these
programs
provide
them
due
to
delayed
and
relaxed
standards.

The
information,
namely
the
small
refiner,
GPA
and
temporary
hardship
relief
applications
and
associated
baseline
submittals
are
the
absolute
minimum
needed
to
effectively
conduct
and
maintain
the
integrity
of
the
sulfur
program.
Further
measures
to
simplify
reporting
for
these
parties
do
not
appear
prudent
or
necessary.

A
Regulatory
Impact
Analysis
(
RIA)
has
been
placed
in
the
rulemaking
docket
which
further
discusses
the
measures
taken
to
minimize
the
impact
on
small
business
entities.

5(
d)
Collection
Schedule
The
collection
schedule
of
the
sulfur
program
reporting
requirements
is
shown
in
Table
5(
d).
44
Table
5(
d).
Collection
Schedule
Item
Due
Date
Registration
for
early
credit
generation
(
if
not
already
registered
under
the
RFG
program)
May
10,
2000,
if
generating
early
credits
in
2000,
or
September
30
of
the
year
prior
to
the
first
year
of
early
credit
generation
Applications
for
temporary
hardship
relief
September
1,
2000
ABT
baseline
submissions
September
30,
2000,
or
September
30
of
the
first
year
early
credits
are
generated
Applications
for
small
refiner
status
(
and
baseline
submission)
and
GPA
gasoline
standards
(
and
baseline
submission)
Request
for
adjustment
of
per­
gallon
cap
standard
December
31,
2000
January
1,
2003
ABT
2001­
2003
credit
generation
annual
reports/
allotment
2003
generation
annual
report
Last
day
of
February
following
the
previous
year's
averaging
period
for
early
ABT
credit
reports/
last
day
of
February,
2004,
for
early
allotment
report
Registration
by
all
refiners
and
importers
who
are
not
registered
with
EPA
under
the
RFG
program
November
1,
2003
Per­
gallon
and
corporate
pool
averaging
reports,
including
ABT
information
Last
day
of
February
following
the
previous
year's
averaging
period
(
beginning
February
28,
2005,
for
the
2004
averaging
period)

Refinery
and
importer
annual
averaging
reports,
including
ABT
information
Last
day
of
February
following
the
previous
year's
averaging
period
(
beginning
February
28,
2006,
for
the
2005
averaging
period)

Attest
reports
May
30
following
the
previous
year's
averaging
period
Small
refiner
progress
reports
June
1,
2004,
2004,
2006
Applications
for
small
refiner
hardship
extensions
January
1,
2007
6.
ESTIMATING
THE
ANNUAL
BURDEN
AND
COST
OF
THE
COLLECTION
Estimates
of
the
annual
hourly
burden
and
cost
for
the
following
groups
of
respondents
are
provided:

­
Gasoline
Refiners
­
Gasoline
Importers
­
Gasoline
Pipelines
­
Gasoline
Terminals
­
Gasoline
Truckers
­
Gasoline
Retailers
and
Wholesale
Purchaser­
Consumers
­
Users
of
Research
and
Development
Gasoline
45
­
Gasoline
Refiners
­
Gasoline
Importers
­
Gasoline
Pipelines
­
Gasoline
Terminals
­
Gasoline
Truckers
­
Gasoline
Retailers
and
Wholesale
Purchaser­
Consumers
­
Users
of
Research
and
Development
Gasoline
6(
a)
Estimating
Respondent
Burden
The
estimated
hourly
burdens
for
the
early
years
of
the
gasoline
sulfur
program
for
the
various
parties
are
contained
in
Tables
6(
a)
1
and
6(
a)
2.
The
estimated
hourly
burdens
for
subsequent
years
(
2004
and
beyond)
are
contained
in
Tables
6(
a)
3
and
6(
a)
4.
The
accounting
assumptions
made
in
making
the
estimates
of
annual
hourly
burden
and
cost
are
summarized
after
the
following
tables
on
respondent
hourly
burdens.
46
Table
6(
a).
1:
Annual
Hourly
Burden
for
Gasoline
Refiners
and
Importers
­
Early
Years
of
the
Program(
to
January
1,
2004)

Collection
Activity
Annual
Burden
Hours
per
Respondent
Frequency
Total
Annual
Burden
Hours
(
per
respondent)
Managerial
($
77/
hour)
Technical
($
39/
hour)
Clerical
($
39/
hour)

1)
Familiarize
Employees
with
New
Requirements:
Refiners
Importers
0.67
0.67
1.67
0.33
3.33
1
11
11
5.67
2
2)
Submit
Baseline
Application
for
ABT
Program
(
refiners
only)
0
0.33
0.67
11
1
3)
Submit
Early
Credit
Sulfur
Averaging
Report
(
refiners
only)
0.25
0.25
2
1
2.5
4)
Registration2
0.083
0
0.167
11
0.25
5)
Small
Refiner
Application
(
including
baseline
submission)
0.33
0.33
0.67
11
1.33
6)
GPA
Application
(
including
baseline
submission)
(
refiners
and
importers)
0.33
0.33
0.67
11
1.33
7)
Temporary
Hardship
Relief
Application
(
including
baseline
submission)
(
refiners
only)
0.33
0.33
0.67
11
1.33
8)
Request
for
Adjustment
of
Small
Refiner
Per­
gallon
Cap
Standard
0.17
0.17
0.33
11
0.67
1)
The
total
burden
for
this
one­
time
activity
was
divided
by
three
to
reflect
the
distribution
of
the
burden
over
the
three
year
period
covered
by
this
ICR.
2)
Only
applies
if
party
is
not
already
registered
with
EPA
under
the
RFG
program.
47
Table
6(
a).
2:
Annual
Hourly
Burden
for
Gasoline
Terminals,
Pipelines,
Truckers,
Retailers
and
Wholesale
Purchaser­
Consumers
(
WPCs),
and
Users
of
Research
and
Development
(
R&
D)
Gasoline
­
Early
Years
of
the
Program
(
to
January
1,
2004)

Collection
Activity1
Annual
Burden
Hours
per
Respondent
Frequency2
Total
Annual
Burden
Hours
(
per
respondent
Managerial3
Technical3
Clerical3
Familiarize
Employees
with
New
Requirements
1)
Terminals
0.083
($
77/
hour)
0.67
(
35$/
hour)
0.67
(
25$/
hour)
1
1.42
2)
Pipelines
0.083
($
77/
hour)
0.67
(
35$/
hour)
0.67
(
25$/
hour)
1
1.42
3)
Truckers
0.083
($
77/
hour)
0
(
35$/
hour)
0.33
(
25$/
hour)
1
0.42
4)
Retailers
and
WPCs
0
($
35/
hour)
0.017
(
15$/
hour)
0.017
(
15$/
hour)
1
0.034
5)
Users
of
R&
D
Gasoline
0.083
(
77$/
hour)
0.083
(
39$/
hour)
0
(
25$/
hour)
1
0.17
1)
Within
the
three
year
time
span
covered
by
this
ICR
the
activity
of
these
regulated
parties
is
limited
to
familiarization
with
the
new
requirements.
2)
This
is
a
one
time
activity.
The
total
burden
for
this
one­
time
activity
was
divided
by
three
to
arrive
at
the
above
estimates,
to
reflect
the
distribution
of
the
burden
over
the
three
year
period
covered
by
this
ICR.
3)
The
hourly
labor
cost
varies
by
respondent
as
shown.
48
Table
6(
a).
3:
Annual
Hourly
Burden
for
Gasoline
Refiners
and
Importers
­
Subsequent
Years
of
the
Program
(
2004
and
beyond)

Collection
Activity
Annual
Burden
Hours
per
Response
Number
of
Responses
per
Respondent
per
Year
Total
Annual
Burden
Hours
(
per
respondent)

Managerial
($
94/
hr)
Technical
($
64/
hr)
Clerical
($
41/
hr)
Contractor
Equivalent
1)
Annual
corporate
pool
averaging
report:
Refiners
Importers
0.25
0.25
0
0
0.75
0.75
0
0
1
1
1.0
1.0
2)
Annual
refinery/
importer
averaging
report:
Refiners
Importers
0.083
0.083
0
0
0.25
0.25
0
0
3*

1
0.99
0.33
3)
ABT
credit
and/
or
allotment
trading
report
0.25
0.25
0.25
0
1
0.75
4)
Additional
batch
reports
for
CG:
Refs
(
own
equip)

Refs
(
lab
$
74/
hr)

Importers
(
lab
$
74/
hr)
0.1
0
0
0.7
0
0
0.2
0
0
0
1.0
1.0
400
400
27
400
400
27
5)
Alternative
sampling/
testing:
PCG
Butane
0
0
0.5
0.25
0.5
0.5
0
0
40
5
40
3.75
6)
Small
refiners:
PTDs
Reporting
0
0
1.0
0
1.0
0.5
0
0
1
1
2.0
0.5
7)
GPA
refiners:
PTDs
Reporting
0
0
1.0
0
1.0
0.5
0
0
1
1
2.0
0.5
8)
Separate
annual
averaging
report
for
temporary
hardship
0
0
0.5
0
1
0.5
9)
Alternative
sampling/
testing
for
truck
importers
0
0.25
0.75
0
12
12
10)
Importers
independent
lab
reports
for
S­
FRGAS
0
0.5
0.5
0
12
12
11)
Attest
engagements:
Refineries
Importers
0
0
5
5
0
0
0
0
1
1
5
5
12)
Refiner
Q/
A
periodic
sampling/
testing
for
defense
(
field
test
$
40)
0
0
0
1.0
10
10
*
This
estimate
is
based
on
an
average
of
3
refineries
per
refiner.
In
reality,
larger
refiners
may
own
several
refineries,
while
smaller
refiners
may
own
only
one
refinery.
49
Table
6(
a).
4:
Annual
Hourly
Burden
for
Gasoline
Terminals,
Pipelines
and
Users
of
Research
and
Development
(
R&
D)
Gasoline
­
Subsequent
Years
of
the
Program
(
2004
and
beyond)

Collection
Activity
Annual
Burden
Hours
per
Respondent
Number
of
Responses
per
Respondent
per
Year
Total
Annual
Burden
Hours
(
per
Respondent)
Managerial
($
94/
hr)
Technical
($
64)
Clerical
($
41)
Contractor
Equivalent
($
40/
hr
­
field
test)

Q/
A
Sampling
and
Testing
for
S­
RGAS
Terminals
Pipelines
0
0
0
0
0
0
1.0
1.0
2
2
2.0
2.0
Q/
A
Periodic
Sampling
and
Testing
for
Defense
Terminals
Pipelines
0
0
0
0
0
0
1.0
1.0
10
10
10
10
R&
D
Applications
0
0
0.5
0
1
0.5
Accounting
Assumptions:

The
accounting
assumptions
made
in
making
the
hourly
burden
and
cost
estimates
for
respondents
are
discussed
below.

The
discussion
of
the
requirements
under
the
sulfur
program
(
Section
4(
b)(
i))
contains
notes
on
the
extent
to
which
these
requirements
could
be
satisfied
without
necessitating
additional
activities
by
using
information
that
is
already
collected
and
submitted
to
EPA
under
other
EPA
fuels
programs.
This
discussion
helps
to
support
the
selection
of
the
activities
that
are
newly
required
under
the
sulfur
rule
(
Section
4(
b)(
ii)),
the
selection
of
the
respondent
classes
(
Section
6(
a)),
and
the
following
accounting
assumptions.

These
assumptions
are
based
partially
on
EPA's
experience
with
its
RFG
program
reporting,
lead
phase­
down
reporting,
Energy
Information
Administration
reports,
census
information,
the
Stalsby/
Wilson
petroleum
terminal
encyclopedia,
the
National
Petroleum
News
Fact
Book,
Modern
Bulk
Transporter
Magazine,
and
EPA's
experience
in
enforcing
fuels
provisions
of
the
Clean
Air
Act
and
regulations
promulgated
thereunder.

Accounting
Assumptions
that
Pertain
to
Labor
Costs:

1)
The
cost
of
managerial
time
is
$
77/
hour
for
activities
required
during
the
early
years
of
the
program,
adjusted
to
$
94/
hour
for
activities
required
during
subsequent
years
(
2004
and
beyond).

2)
The
cost
of
junior
professional/
technician
time
is
$
39/
hour
for
activities
required
during
the
early
years
of
the
program,
adjusted
to
$
64/
hour
for
activities
required
during
subsequent
years
(
2004
and
beyond).
50
3)
The
cost
of
clerical
time
is
$
39/
hour
for
activities
required
during
the
early
years
of
the
program,
adjusted
to
$
41/
hour
for
activities
required
during
subsequent
years
(
2004
and
beyond).

The
following
sources
were
used
in
estimating
the
above
labor
costs:
­
For
the
cost
of
managerial
and
clerical
employee
activity,
the
Comprehensive
Assessment
and
Information
Rule
(
CAIR),
the
Selective
Enforcement
Audit
ICR,
the
National
Low
Emission
Vehicle
ICR,
and
the
U.
S.
Bureau
of
Labor
Statistics
Employment
Cost
Index
(
ECI).
­
For
the
cost
of
technical
employee
activity,
the
U.
S.
Department
of
Industry
Wage
Survey.
*
Overhead
and
other
associated
costs
as
well
as
inflation
were
accounted
for.
­
An
hourly
equivalent
rate
of
$
74
was
assumed
for
independent
laboratory
testing
and
$
40
for
field
testing
for
sulfur.

Accounting
Assumptions
that
Pertain
to
the
Activities
Required
Under
the
Sulfur
Rule
during
the
Early
Years
of
the
Program
(
adjusted
in
some
cases
for
subsequent
years
of
the
program):

1)
The
following
assumptions
were
made
in
estimating
the
cost
of
familiarizing
employees
with
the
new
requirements:
­
All
costs
of
familiarization
were
accounted
for
during
the
first
year
of
the
program
­
Industry
trade
groups
would
assist
in
the
process
of
familiarization
as
they
have
in
the
past
­
167
refiners
nationwide.
Time
required:
2
hours
of
managerial,
5
hours
of
technical,
and
10
hours
of
clerical
time
­
25
foreign
refiners
(
The
time
required
for
familiarization
with
the
requirements
would
be
the
same
as
for
domestic
refiners)
­
20
importers
of
gasoline
into
U.
S.
­­
Time
required:
2
hours
of
managerial,
1
hour
of
technical,
and
3
hours
of
clerical
time
­
1,200
terminals
nationwide
­­
Time
required:
0.25
hour
of
managerial,
2
hours
of
technical,
and
2
hours
of
clerical
time
­
60
pipelines
nationwide
­­
Time
required:
0.25
hour
of
managerial,
2
hours
of
technical,
and
2
hours
of
clerical
time
­
8,000
truckers
and
other
gasoline
carriers
nationwide
­­
Time
required:
0.25
hour
of
managerial
and
1
hour
of
clerical
time
­
182,596
retailers
and
WPCs
­­
Time
required:
0.05
hour
of
technician,
and
0.05
hours
of
clerical
time
­
20
users
of
research
and
development
gasoline
nationwide
­­
Time
required:
0.25
hour
managerial,
0.25
hour
technical.
*
The
above
estimates
of
the
number
of
regulated
entities
were
derived
from
the
following
sources:
the
National
Petroleum
News
Factbook,
1998,
EPA
RFG
and
antidumping
database,
EPA
enforcement
records,
and
data
from
the
Energy
Information
Administration.

2)
The
following
assumptions
were
made
in
estimating
the
burden
to
refiners
and
importers
of
complying
with
the
provisions
of
the
early
ABT
credit
and
allotment
trading
programs:
8
See
the
Regulatory
Impact
Analysis
(
RIA)
and
the
Notice
of
Proposed
Rulemaking
(
NPRM)
associated
with
the
proposed
Tier
2
program.

51
­
79
refiners
will
participate
in
the
ABT
credit
and
allotments
trading
programs,
many
will
participate
only
by
generating
credits
and/
or
allotments
(
the
basis
for
this
estimate
as
well
as
some
of
the
other
estimates
which
follow
is
contained
in
the
RIA
for
the
Tier
2
rulemaking)
­
Preparing
the
sulfur
baseline
for
submission
to
EPA
will
require
1
hour
of
technician
and
2
hours
of
clerical
time
­
The
additional
burden
associated
with
supplying
information
regarding
the
generation,
acquisition,
banking,
transfer,
and
use
of
credits
(
for
inclusion
on
the
sulfur
averaging
report)
will
be
accomplished
using
1
hour
of
a
clerical
employee's
time
and
0.25
hours
of
junior
professional
time
­
The
results
of
complying
with
the
RFG
program
requirements
will
be
used
to
prepare
the
early
credit/
allotment
annual
averaging
report
­­
preparing
the
report
in
the
proper
format
and
submitting
it
to
EPA
will
require
1
hour
of
a
clerical
employee's
time
and
0.25
hour
of
a
manager's
time
3)
The
following
assumptions
were
used
in
estimating
the
burden
to
refiners
of
participating
in
the
small
refiner
program:
­
Submitting
an
application
for
small
refiner
status,
which
includes
a
report
to
obtain
a
small
refinery
baseline,
will
require
1
hour
technician
time,
2
hours
clerical
time,
and
1
hour
managerial
time
­
All
small
refiners
that
have
gasoline
that
will
exceed
the
national
cap
would
utilize
the
small
refiner
program,
since
its
use
will
result
in
a
substantial
reduction
in
the
overall
cost
of
compliance
­
Ten
small
domestic
refiners
will
produce
gasoline
that
exceeds
the
national
cap
on
sulfur
content
under
the
sulfur
program,
and,
therefore,
will
participate
in
the
small
refiner
program;
8
two
foreign
refiners
will
participate
in
the
small
refiner
program.

4)
The
following
assumptions
were
used
in
estimating
the
burden
to
refiners
of
registering
with
EPA:
­
Nearly
all,
if
not
all,
foreign
refiners
that
supply
gasoline
for
importation
into
the
U.
S.
that
will
need
to
register
with
EPA
to
qualify
for
application
for
a
small
refiner
baseline
under
the
sulfur
program
have
already
registered
with
EPA
to
establish
an
individual
refinery
baseline
under
EPA's
RFG
program.
For
purposes
of
this
analysis,
it
is
estimated
that
one
additional
refiner
will
register
with
EPA
in
order
to
obtain
an
individual
refiner
baseline
under
the
sulfur
program
and
two
other
refiners
will
register
in
order
to
participate
in
the
early
ABT
credit
program.
­
The
small
foreign
refiners
that
will
need
to
register
with
EPA
to
allow
them
to
participate
in
the
small
refiner
program
will
do
so
in
parallel
with
their
submission
for
small
refiner
status
­
Preparing
the
EPA
registration
could
be
accomplished
using
0.25
hour
managerial
time,
and
0.5
hour
clerical
time
52
5)
The
following
assumptions
were
used
in
estimating
the
burden
to
refiners
and
importers
of
participating
in
the
GPA
gasoline
program:
­
Submitting
an
application
which
includes
a
report
of
the
refinery
or
importer
baseline
will
require
1
hour
technician
time,
2
hours
clerical
time
and
1
hour
managerial
time
­
30
refiners
will
participate
in
the
GPA
gasoline
program
­
All
refiners
and
importers
who
participate
in
the
GPA
program
are
already
registered
with
EPA
under
the
RFG
program,
since
all
parties
who
supply
the
GPA
as
well
as
any
other
areas
of
the
U.
S.
are
required
to
be
registered
with
EPA
under
the
RFG
program,
and
foreign
refiners
do
not
participate
in
the
GPA
program
6)
The
following
assumptions
were
used
in
estimating
the
burden
to
refiners
who
are
granted
temporary
hardship
relief:
­
Submitting
an
application
which
includes
a
report
of
the
refinery
baseline
will
require
1
hour
technician
time,
2
hours
clerical
time,
and
1
hour
managerial
time
­
4
refiners
will
apply
for
such
relief
Accounting
Assumptions
that
Pertain
to
Activities
that
are
Required
During
Subsequent
Years
of
the
Program
(
2004
and
beyond)
*
Data
reported
to
EPA
under
the
RFG
program
was
used
in
formulating
these
assumptions.

1)
The
following
assumptions
were
made
in
estimating
the
burden
to
refiners
and
importers
of
submitting
annual
sulfur
corporate
pool
and
refinery
or
importer
averaging
reports
to
EPA:
­
There
are
currently
about
80
refiners
and
39
importers
of
gasoline.
There
are
approximately
245
active
refineries.
­
Preparing
the
report
in
the
proper
format
and
submitting
it
to
EPA
will
require
0.75
hour
of
a
clerical
employee's
time
and
0.25
hour
of
a
manager's
time.
Sampling
and
testing
that
provides
the
basis
for
these
reports
is
already
being
conducted
for
purposes
of
compliance
with
the
RFG/
anti­
dumping
requirements,
except
for
the
additional
testing
required
for
CG
refiners
as
discussed
below.
­
Reporting
associated
with
ABT
credit
and/
or
allotment
activity
is
estimated
to
be
0.25
hour
of
managerial
time,
0.25
technical
time,
and
0.25
clerical
time.

2)
The
following
assumptions
were
used
to
estimate
the
additional
burden
for
refiners
and
importers
associated
with
testing
the
sulfur
content
of
each
batch
of
CG
rather
than
testing
composite
samples.
The
assumptions
made
in
estimating
the
burden
associated
with
alternate
provisions
to
satisfy
the
batch
testing
requirement
(
e.
g.;
for
butane
blenders)
are
discussed
separately.
­
There
are
approximately
75
domestic
refiners
that
produce
CG
and
30
importers
that
import
CG
(
number
includes
small
foreign
refiners)
­
The
number
of
additional
sulfur
tests
required
on
batches
of
CG
will
be
approximately
400
for
each
refiner
and
27
for
each
importer
­
Composite
samples
on
which
tests
for
the
sulfur
content
of
CG
have
been
performed
are
made
up
of
samples
from
approximately
10
separate
batches
of
CG
53
­
Refiners
of
CG
produce
an
average
of
approximately
440
batches
of
CG
a
year,
and
importers
import
an
average
of
30
batches
a
year
of
CG
­
Thus,
each
refiner
conducted
approximately
44
tests
of
sulfur
content
on
composite
samples,
and
each
importer
(
or
small
foreign
refiner)
conducted
approximately
3
tests
of
sulfur
content
on
composite
samples
­
2/
3
of
refiners
will
perform
their
own
sulfur
testing;
1/
3
will
have
the
testing
done
by
an
independent
third
party
laboratory
­
Importers
will
have
testing
done
by
an
independent
third
party
laboratory
­
A
sulfur
test
conducted
at
a
private
laboratory
will
cost
a
refiner
or
importer
$
50
for
the
test
itself,
plus
$
24
for
the
transportation
of
the
sample
to
the
lab
and
to
perform
other
administrative
functions,
for
a
total
cost
of
$
74/
test
(
this
assumes
that
the
cost
of
the
employee
to
transport
the
sample
and
handle
the
associated
administrative
duties
is
$
24/
hour,
and
it
takes
one
hour
to
perform
the
task)
­
An
annual
cost
of
the
additional
testing
of
gasoline
sulfur
content
for
refiners
who
conduct
their
own
testing
was
calculated
using
the
following
assumptions:
­
The
hourly
burden
associated
with
batch
reports
for
the
additional
testing
for
sulfur
is
0.1
hour
for
managerial
time,
0.7
hour
for
technical
time,
and
0.2
hour
for
clerical
time.
Since
the
average
CG
refiner
will
need
to
test
400
additional
batches,
the
hourly
burden
for
this
additional
testing
is
400
hours.
­
The
annual
cost
of
the
additional
testing
of
gasoline
sulfur
content
for
refiners
and
importers
who
use
an
independent
third
party
laboratory
was
estimated
using
the
following
assumptions:
­
Since
the
average
CG
refiner
will
need
to
test
400
additional
batches,
and
the
cost
of
a
test
conducted
at
a
private
laboratory
is
$
74
per
test,
the
annual
cost
of
the
additional
testing
for
those
refiners
that
use
a
private
laboratory
is
$
29,600/
year
­
Since
the
average
importer
will
need
to
test
27
additional
batches
of
CG
per
year,
and
the
cost
of
a
test
conducted
at
a
private
laboratory
is
$
74
per
test,
the
annual
cost
of
the
testing
for
such
parties
is
$
1,998/
year
­
There
are
no
additional
costs
associated
with
storing
the
CG
batch
samples
for
30
days
beyond
those
considered
above
3)
The
following
assumptions
were
made
in
estimating
the
burden
that
would
result
from
the
use
of
the
alternate
provisions
to
satisfy
the
CG
batch
test
requirement
by
refiners
that
blend
blendstocks
(
other
than
butane)
into
previously
certified
gasoline:
*
Oxygenate
blenders
have
no
new
activities
under
the
sulfur
program.
­
These
alternate
provisions
will
be
used
to
the
fullest
extent
possible
by
all
refiners
who
blend
blendstocks
into
previously
certified
gasoline,
since
their
use
will
result
in
a
significant
savings
in
the
overall
cost
of
compliance
­
The
refiner
already
tests
each
blendstock
upon
receipt
to
determine
its
sulfur
content
in
order
to
comply
with
the
requirements
of
the
RFG
program
or
as
a
customary
business
practice
­
Fifteen
refiners
blend
blendstocks
other
than
butane
into
CG
­­
on
average,
each
of
these
refiners
produces
40
batches
of
gasoline
by
blendstock
addition
54
­
The
costs
related
to
the
use
of
this
alternate
provision
will
be
related
to
performing
calculations
using
existing
data
and
of
keeping
records
regarding
compliance
 
these
tasks
could
be
accomplished
using
0.5
hour
of
technical
time
and
0.5
hour
of
clerical
time
4)
The
following
assumptions
were
made
in
estimating
the
burden
associated
with
the
use
of
the
alternate
provisions
to
satisfy
the
CG
batch
test
requirement
by
refiners
who
blend
butane
into
previously
certified
gasoline:
­
Due
to
gasoline
volatility
requirements,
butane
is
blended
only
during
the
winter
season
(
from
September
16
through
February
28)
­
Refiner/
blenders
at
eight
terminals,
eight
pipelines,
and
four
refiners
blend
butane
into
previously­
certified
gasoline
during
the
winter
season.
­
On
average,
each
blender
blends
butane
into
five
batches
of
gasoline
during
the
winter
season
­
On
average,
each
blender
is
supplied
butane
by
two
suppliers
­
All
tests
will
be
conducted
by
an
independent
laboratory
at
a
cost
of
$
74
per
test
­
The
administrative
duties
associated
with
the
alternative
requirements
could
be
accomplished
using
0.5
hour
of
clerical
time,
and
0.25
hour
of
technical
time
5)
The
following
additional
assumptions
may
be
appropriate
in
estimating
the
burden
to
refiners
of
participating
in
the
small
refiner
program:
­
Only
minor
changes
to
the
format
of
the
PTDs
that
are
currently
used
will
be
required
to
accommodate
the
addition
of
the
new
information
required
regarding
the
small
refiner
status
of
the
gasoline
­­
this
task
could
be
accomplished
using
0.5
hour
of
technician
time
and
0.5
hour
of
clerical
time
­
Administrative
duties
associated
with
recording,
maintaining,
and
reporting
the
information
required
during
the
participation
in
the
small
refiner
program
(
such
as
on
the
annual
sulfur
averaging
report)
could
be
accomplished
with
an
additional
0.5
hour
clerical
time
6)
The
following
additional
assumptions
may
be
appropriate
in
estimating
the
burden
to
refiners
and
importers
of
participating
in
the
GPA
gasoline
program:
­
Only
minor
changes
to
the
format
of
the
PTDs
that
are
currently
used
will
be
required
to
accommodate
the
addition
of
the
new
information
required
regarding
the
GPA
status
of
the
gasoline
 
this
task
could
be
accomplished
using
0.5
hour
of
technician
time
and
0.5
hour
of
clerical
time
­
Administrative
duties
associated
with
recording,
maintaining,
and
reporting
the
information
required
during
the
participation
in
the
GPA
gasoline
program
(
such
as
on
the
annual
sulfur
averaging
report)
could
be
accomplished
with
an
additional
0.5
hour
clerical
time.

7)
The
following
additional
assumptions
may
be
appropriate
in
estimating
the
burden
to
refiners
who
are
granted
temporary
hardship
relief:
­
Administrative
duties
associated
with
recording,
maintaining,
and
reporting
the
information
required
during
the
period
of
temporary
relief
(
such
as
on
the
annual
sulfur
averaging
report)
could
be
accomplished
with
an
additional
0.5
hour
clerical
time
55
8)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
associated
with
the
use
by
importers
that
import
gasoline
by
truck
of
the
alternate
provisions
to
satisfy
the
requirement
to
test
every
batch
of
CG:
­
All
importers
that
import
by
truck
will
utilize
the
alternate
provisions,
since
this
will
result
in
a
significant
reduction
in
the
overall
cost
of
compliance
­
Foreign
terminal
operators
currently
have
sampling
and
testing
conducted
by
an
independent
third
party
as
a
customary
business
practice,
and
will
continue
to
do
so
­­
this
will
release
the
terminal
operator
from
additional
activities
which
would
otherwise
be
required
­
To
minimize
the
number
of
tests
required,
samples
are
already
drawn
after
the
receipt
of
each
batch
of
gasoline
into
the
storage
tank
at
the
terminal
as
a
customary
business
practice
­
All
importers
will
contract
with
the
independent
third
party
that
performs
sampling
and
testing
at
the
terminal(
s)
from
which
the
importer
receives
gasoline
to
keep
records
of
the
required
data
and
report
it
to
the
importer
­­
by
making
this
arrangement
directly,
the
importer
can
demonstrate
compliance
with
the
requirement
to
conduct
testing
at
the
terminal
facility
without
the
need
to
undertake
additional
sampling
and
testing
­
On
average,
two
importers
draw
gasoline
from
the
same
terminal
facility
for
importation
into
the
U.
S.
 
in
such
cases,
the
importers
will
split
the
cost
of
the
third
party's
services.
­
Twenty
five
percent
of
importers
use
trucks
(
10
importers)
­
The
following
costs
will
be
billed
to
importers
by
the
independent
third
party
for
services
related
to
testing
conducted
at
one
terminal:
Independent
third
party
will
use
an
additional
1
hour
of
clerical
employee
time
and
0.25
hour
of
technician
time
to
complete
the
task
(
an
additional
10
%
of
this
base
cost
could
be
added
to
account
for
overhead
cost
and
to
provide
a
profit
margin)

9)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
for
importers
who
import
foreign
small
refiner
gasoline
of
complying
with
the
requirement
that
the
importer
have
an
independent
third
party
prepare
a
report
on
each
batch
of
small
refiner
gasoline
it
imports
into
the
U.
S.:
­
Two
importers
each
import
gasoline
from
two
foreign
small
refiners
­
Each
small
refiner
will
produce
12
batches
of
gasoline
for
importation
into
the
U.
S.
(
6
batches
of
Sulfur­
FRGAS
and
6
batches
of
Certified
Sulfur­
FRGAS)
­­
six
batches
will
be
imported
by
one
importer
and
6
by
the
other
­
Applying
these
assumptions,
each
importer
will
need
to
have
an
independent
third
party
prepare
reports
on
six
batches
Sulfur
FRGAS
(
for
submission
to
EPA),
and
six
batches
of
Certified
Sulfur­
FRGAS
(
for
submission
to
EPA
and
the
refiner)
­
No
new
data
will
need
to
be
generated
to
prepare
these
reports
­
The
compilation
of
the
required
data,
and
the
preparation
and
submission
of
the
report
to
EPA
on
a
batch
of
Sulfur
FRGAS
will
require
0.5
hour
of
clerical
time
(
to
account
for
other
costs
and
to
provide
a
profit
margin
for
the
third
party,
10%
of
the
cost
of
the
clerical
employees
time
could
be
added
to
arrive
at
the
total
cost
charged
by
the
third
party
to
the
importer)
­
The
compilation
of
the
required
data,
and
the
preparation
and
submission
of
the
report
to
EPA
on
a
batch
of
Certified
Sulfur
FRGAS
will
require
0.5
hour
of
a
clerical
employee's
56
time
and
0.5
hour
of
a
technical
employee's
time
(
to
account
for
other
costs
and
to
provide
a
profit
margin
for
the
third
party,
10%
of
the
employee
cost
could
be
added
to
arrive
at
the
total
cost
charged
by
the
third
party
to
the
importers)

10)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
to
refiners
and
importers
of
having
an
independent
third
party
prepare
an
attest
engagement
report
for
submission
to
EPA:
­
The
main
cost
of
preparing
the
attest
engagement
will
be
associated
with
reviewing
existing
records
on
gasoline
sulfur
content
­
It
is
estimated
this
task
will
require
an
extra
5
hours
of
technical
employee
time
(
to
account
for
other
costs
and
to
provide
a
profit
margin
an
additional
10%
could
be
added
to
the
cost
derived
using
the
assumptions
under
the
previous
bullet)

11)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
to
refiners,
terminals
and
pipelines
who
conduct
periodic
QA
testing
for
sulfur
for
defense
purposes:
­
60
pipelines
and
120
terminals
will
conduct
downstream
QA
testing
for
sulfur
in
addition
to
many
refiners
(
RFG
refiners
typically
conduct
downstream
QA
testing).
Assume
$
40
cost
per
periodic
test,
based
on
availability
of
field
test
equipment.
Assume
10
samples
per
year
for
QA
testing
per
respondent.

12)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
to
terminal
and
pipelines
who
are
required
to
test
S­
RGAS
batches
for
sulfur
content:
(
i)
1200
terminals
and
60
pipelines
will
test
2
batches
of
S­
RGAS
for
sulfur
annually
(
many
terminals
and
pipelines
will
test
none
and
others
more
than
2).
Assume
cost
of
testing
per
batch
is
approximately
$
40,
based
on
availability
of
field
test
equipment.

13)
The
following
assumptions
may
be
appropriate
in
estimating
the
burden
to
users
of
research
and
development
gasoline
of
adding
the
required
information
to
the
application
submitted
to
EPA
to
obtain
an
exemption:
­
Adding
the
information
on
why
sulfur­
compliant
gasoline
could
not
be
used
will
require
0.5
hours
of
clerical
time
­
This
information
is
already
available
as
a
customary
business
practice
6(
b)
Estimating
Respondent
Costs
The
estimation
of
the
hourly
managerial,
technical
and
clerical
employee
pay
rates
for
the
various
regulated
parties
as
well
as
the
accounting
assumptions
used
are
discussed
in
the
previous
section
on
respondent
burdens.
The
estimated
costs
for
the
early
years
of
the
sulfur
program
for
the
various
regulated
parties
are
contained
in
Tables
6(
b)
1.
and
6(
b)
2.
The
estimated
costs
for
subsequent
years
(
2004
and
beyond)
are
contained
in
Tables
6(
b)
3
and
6(
b)
4.

Table
6(
b).
1:
Annual
Hourly
Costs
for
Gasoline
Refiners
and
Importers
­
Early
Years
of
the
Program
57
Collection
Activity
Annual
Labor
Cost
per
Respondent
($)
Frequency
Total
Annual
Cost
($
per
respondent)
Managerial
($
77/
hour)
Technical
($
39/
hour)
Clerical
($
39/
hour)

1)
Familiarize
Employees
with
New
Requirements:
Refiners
Importers
51
51
65
13
130
39
11
11
246
103
2)
Submit
Baseline
Report
for
ABT
Program
(
refiners
only)
0
13
26
1
1
39
3)
Submit
Early
Credit
Sulfur
Averaging
Report
(
refiners
only)
19
10
78
1
107
4)
Registration2
6
0
7
1
1
13
5)
Small
Refiner
Application
(
including
baseline
submission)
25
13
26
11
64
6)
GPA
Application
(
including
baseline
submission)
(
refiners
and
importers)
25
13
26
11
64
7)
Temporary
Hardship
Relief
Application
(
including
baseline
submission)
(
refiners
only)
25
13
26
11
64
8)
Request
for
Adjustment
of
Small
Refiner
Per­
gallon
Cap
Standard
13
7
13
11
33
1)
The
total
burden
for
this
one­
time
activity
was
divided
by
three
to
reflect
the
distribution
of
the
burden
over
the
three
year
period
covered
by
this
ICR.
2)
Only
applies
if
party
is
not
already
registered
with
EPA
under
the
RFG
program.
58
Table
6(
b).
2:
Annual
Costs
for
Gasoline
Terminals,
Pipelines,
Truckers,
Retailers
and
Wholesale
Purchaser­
Consumers
(
WPCs),
and
Users
of
Research
and
Development
(
R&
D)
Gasoline1
­

Early
Years
of
the
Program
Collection
Activity3
Annual
Cost
per
Respondent
($)
Frequency2
Total
Annual
Burden
($
per
respondent
Managerial4
Technical4
Clerical4
Familiarize
Employees
with
New
Requirements
1)
Terminals
6.42
($
77/
hour)
23.33
(
35$/
hour)
16.67
(
25$/
hour)
1
46.42
2)
Pipelines
6.42
($
77/
hour)
23.33
(
35$/
hour)
16.67
(
25$/
hour)
1
46.42
3)
Truckers
6.42
($
77/
hour)
0
(
35$/
hour)
8.33
(
25$/
hour)
1
14.75
4)
Retailers
and
WPCs
0
($
35/
hour)
0.25
(
15$/
hour)
0.25
(
15$/
hour)
1
0.5
5)
Users
of
R&
D
Gasoline
6.42
(
77$/
hour)
3.25
(
39$/
hour)
0
(
25$/
hour)
1
9.67
1)
There
are
no
capital
start­
up
or
operational
and
maintenance
costs
for
these
entities
over
the
time
period
covered
by
this
ICR.
2)
This
is
a
one
time
activity.
The
total
burden
for
this
one­
time
activity
was
divided
by
three
to
arrive
at
the
above
estimates,
to
reflect
the
distribution
of
the
burden
over
the
three
year
period
covered
by
this
ICR.
3)
Within
the
three
year
time
span
covered
by
this
ICR
the
activity
of
these
regulated
parties
is
limited
to
familiarization
with
the
new
requirements.
4)
The
hourly
labor
cost
varies
by
respondent
as
shown.
59
Table
6(
b).
3:
Annual
Hourly
Costs
for
Gasoline
Refiners
and
Importers
for
Subsequent
Years
(
2004
and
beyond)

Collection
Activity
Labor
Cost
per
Response
($)
Number
of
Responses
per
Respondent
per
Year
Total
Annual
Cost
($
per
respondent)

Managerial
($
94/
hr)
Technical
($
64/
hr)
Clerical
($
41/
hr)
Contractor
Equivalent
1)
Annual
corporate
pool
averaging
report:
Refiners
Importers
23
23
0
0
31
31
0
0
1
1
54
2)
Annual
refinery/
importer
averaging
report:
Refiners
Importers
8
8
0
0
10
10
0
0
3*

1
54
18
3)
ABT
credit
and/
or
allotment
trading
report
23
16
10
0
1
49
4)
Addition
batch
reports
for
CG:
Refs
(
own
equip)

Refs
(
lab
$
74)

Importers
(
lab
$
74)
9
0
0
45
0
0
8
0
0
0
74
74
400
400
27
24,800
29,600
1,998
5)
Alternative
sampling/
testing:
PCG
Butane
0
0
32
16
21
21
0
0
40
5
2,080
165
6)
Small
refiners:
PTDs
Reporting
0
0
64
0
41
21
0
0
1
1
105
21
7)
GPA
refiners:
PTDs
Reporting
0
0
64
0
41
21
0
0
1
1
105
21
8)
Separate
annual
averaging
report
for
temporary
hardship
0
0
21
0
1
21
9)
Alternative
sampling/
testing
for
truck
importers
0
16
31
0
12
564
10)
Importer
independent
lab
reports
for
S­
FRGAS
0
32
21
0
12
636
11)
Attest
engagements:
Refineries
Importers
0
0
320
320
0
0
0
0
3.06
1
979
320
12)
Refiner
Q/
A
periodic
sampling/
testing
for
defense
(
field
test
$
40)
0
0
0
40
10
400
*
This
estimate
is
based
on
an
average
of
3
refineries
per
refiner.
In
reality,
larger
refiners
may
own
more
refineries,
while
smaller
refiners
may
own
only
one
refinery.
60
Table
6(
b).
4:
Annual
Costs
for
Gasoline
Terminals,
Pipelines,
Truckers
and
Users
of
Research
and
Development
(
R&
D)
Gasoline
Collection
Activity
Cost
per
Respondent
($)
Number
of
Responses
per
Respondent
per
Year
Total
Annual
Burden
($
per
respondent
Managerial
($
94/
hr)
Technical
($
64/
hr)
Clerical
($
41/
hr)
Contractor
Equivalent
($
40/
hr
­
field
test)

Q/
A
Sampling
and
Testing
for
S­
RGAS
Terminals
Pipelines
0
0
0
0
0
0
1.0
1.0
2
2
80
80
Q/
A
Periodic
Sampling
and
Testing
for
Defense
Terminals
Pipelines
0
0
0
0
0
0
1.0
1.0
10
10
400
400
R&
D
Applications
0
0
0.5
0
1
21
6(
c)
Estimating
Agency
Burden
EPA
based
its
own
burden
estimates
on
experience
from
the
information
collection
activities
performed
under
the
RFG
program.
The
requirements
under
the
sulfur
program
are
modifications
and
extensions
of
the
requirements
under
the
RFG
program.

1.
Start
up
costs
(
e.
g.,
for
developing
data
bases,
guidance,
answering
questions,
preparing
and
disseminating
Q
&
A
documents)
have
been
assumed
to
have
been
mostly
absorbed
by
activities
already
completed
under
the
RFG
program.
EPA
expects
to
incorporate
the
data
collected
under
the
sulfur
program
into
the
existing
database
for
the
RFG
program.
Thus,
the
additional
burden
to
the
Agency
would
be
minimal.
For
the
purpose
of
this
analysis,
it
was
assumed
that
the
burden
associated
with
the
incorporation
of
the
sulfur
program
data
into
the
RFG
database
would
be
5%
of
that
which
EPA
experienced
in
originally
setting
up
the
RFG
database.

2.
Assume
maintenance
and
computer
time
cost
of
$
1000
per
year
(
i.
e.,
5%
of
the
$
20,000
per
year
assumed
for
the
RFG
program).

3.
Assume
Agency
labor
cost
based
on
a
GS­
13
level
for
an
Environmental
Protection
Specialist
(
EPS)
or
Program
Analyst
(
PA),
and
a
GS­
15
level
for
Managers.
Hourly
cost
to
EPA
is
calculated
by
multiplying
the
annual
pay
rate
times
1.16
(
benefits
factor)
and
dividing
by
2,080
(
the
number
of
work
hours
per
year).
For
a
median
GS­
13
level
salary
during
the
first
three
years
of
the
program,
based
on
an
assumption
of
$
69,000
per
year,
the
average
hourly
rate
would
be
$
38.
For
subsequent
years,
based
on
an
assumption
of
$
78,000
per
year,
the
average
hourly
rate
would
be
$
44.
For
a
median
GS­
15
level
salary
during
the
first
three
years
of
the
program,
based
on
an
assumption
of
$
95,000
per
year,
the
61
average
hourly
rate
would
be
$
52.
For
subsequent
years,
based
on
an
assumption
of
$
108,000
per
year,
the
average
hourly
rate
would
be
$
70.
There
are
no
capital,
operation
or
maintenance
costs
for
the
Agency
associated
with
the
requirements
of
this
information
collection.

4.
Review
and
approve
small
refiner
status
and
baseline
applications
(
12),
GPA
applications
(
30)
and
temporary
hardship
relief
applications
(
4).
Review
and
approve
small
refiner
request
for
adjustment
of
per­
gallon
cap
sulfur
standard
(
1).
Assume
8
hours
per
report
for
EPS
or
PA,
and
1
hour
for
managerial
review.

5.
Review
and
store
ABT
program
baseline
submissions
(
79).
Assume
2
hours
per
report.

6.
Review
and
input
refiner
and
importer
registrations
(
3).
Assume
0.1
hours
per
registration.

7.
Review
and
input
2001­
2003
sulfur
credit
generation
information
associated
with
the
ABT/
allotment
trading
programs
(
79).
Assume
1
hour
per
report.

8.
Activities
associated
with
annual
reporting,
including
ABT
credit
and/
or
allotment
activity
beginning
in
2004(
300).
Assume
1.0
hour
per
report
for
EPS
or
PA.

9.
Activities
associated
with
attest
engagements
beginning
in
2004
(
30).
Assume
1.0
hour
per
attest
engagement
for
EPA
or
PA.
62
Table
6(
c).
1
Agency
Burden
­
Early
Years
of
the
Program
(
GS­
13
=
$
38/
hr;
GS­
15
=
$
52/
hr)­
Early
years
of
the
program
(
to
January
1,
2004)

Collection
Activity
Burden
Hours
Per
Incidence
Frequency
Annual
Burden
Hours
Annual
Cost
($)

1)
Modify
database
to
manage
the
collected
data,
maintenance
&
computer
time
8
11
2.7
1,026
2)
Answer
respondent
questions
1
50
50
1,900
3)
Review
and
approve
small
refiner
(
12),
GPA
(
30)
and
temporary
hardship
(
4)
applications,
including
baseline
submissions,
requests
for
adjustment
of
small
refiner
per­
gallon
cap
standard
(
1)

EPS/
PA
Managerial
8
1
471
471
122.66
15.33
4,763
814
4)
Review
and
store
ABT
program
baseline
submissions
2
79
1
52.7
2,000
5)
Review
and
input
registrations
0.1
11
0.03
1.1
6)
Review
and
input
2001­
2003
sulfur
credit
generation
information
associated
with
the
ABT
program
1
79
79
3,000
1)
The
one
time
burden
for
this
activity
was
divided
by
three
to
reflect
its
distribution
over
three
years.
2)
There
are
no
capital
start­
up
or
O&
M
costs
for
the
Agency.

Table
6(
c)
2.
Agency
Burden
­
Subsequent
Years
of
the
Program
(
2004
and
beyond)
(
GS­
13
=
$
44/
hr;
GS­
15
=
$
70/
hr)

Collection
Activity
Burden
Hours
per
Incidence
Frequency
Annual
Burden
Hours
Annual
Cost
($)

1)
Activities
associated
with
annual
reporting
including
ABT
credit
and/
or
allotment
activity
(
EPS/
PA)
1
300
300
13,200
2)
Activities
associated
with
attest
requirement
(
EPS/
PA)
1
30
30
1,320
Total
annual
burden
for
EPA
of
this
collection:
330
hours
$
14,520
63
6(
d)
Estimating
The
Respondent
Universe
and
Total
Burden
and
Costs
­
Early
Years
of
the
Program:

Gasoline
Refiners:
Number
of
respondents:
167
Annual
burden
hours,
all
refiners*:
1,288
Annual
cost,
all
refiners*:
$
55,636
*
These
burden
estimates
are
for
all
collection
activities
performed
by
all
refiners
(
See
Table
6(
e).
1)

Gasoline
Importers:
Number
of
respondents:
20
Annual
burden
hours,
all
importers:
40
Annual
cost,
all
importers:
2,067
Gasoline
Terminal
Operators:
Number
of
respondents:
1,200
Annual
burden
hours,
all
terminal
operators:
1,700
Annual
cost,
all
terminal
operators:
$
55,700
Gasoline
Pipeline
Operators:
Number
of
respondents:
60
Annual
burden
hours,
all
pipeline
operators:
85
Annual
cost,
all
pipeline
operators:
$
2,785
Gasoline
Truckers:
Number
of
respondents:
8,000
Annual
burden
hours,
all
truckers:
3,333
Annual
cost,
all
truckers:
$
118,000
Gasoline
Retailer
Wholesale
Purchaser­
Consumers:
Number
of
respondents:
182,596
Annual
burden
hours,
all
retailers
and
WPCs:
6,087
Annual
cost,
all
retailers
and
WPCs
$
91,298
Users
of
Research
and
Development
Gasoline:
Number
of
respondents:
20
Annual
burden
hours,
all
R&
D
gas
users:
3
Annual
cost,
all
R&
D
gas
users:
$
193
64
Estimating
the
Respondent
Universe
and
Total
Burden
and
Costs
in
Subsequent
Years
of
the
Program
(
2004
and
beyond):

Gasoline
Refiners:
Number
of
respondents:
80
Number
of
responses:
32,426
Annual
burden
hours,
all
refiners*:
33,220
Annual
cost,
all
refiners*:
$
2,150,224
*
These
burden
estimates
are
for
all
collection
activities
preformed
by
all
refiners
(
see
Table
6(
e).
3)

Gasoline
Importers:
Number
of
respondents:
39
Number
of
responses:
1,071
Annual
burden
hours,
all
importers:
1,201
Annual
cost,
all
importers:
$
82,140
Gasoline
Terminal
Operators:
Number
of
respondents:
1,200
Number
of
responses:
3,600
Annual
burden
hours,
all
terminal
operators:
3,600
Annual
cost,
all
terminal
operators:
$
144,000
Gasoline
Pipeline
Operators:
Number
of
respondents:
60
Number
of
responses:
720
Annual
burden
hours,
all
pipeline
operators:
720
Annual
cost,
all
pipeline
operators:
$
28,800
Research
and
Development
Applications:
Number
of
respondents:
1
Number
of
responses:
1
Annual
burden,
all
R&
D
gasoline
users:
0.5
Annual
cost,
all
R&
D
gasoline
users:
$
21
6(
e)
Bottom
Line
Burden
Hours
and
Cost
Tables
(
i)
Respondent
Tally
The
total
annual
hourly
burden
and
cost
for
the
early
years
of
the
program
was
12,536
hours
and
$
325,702,
respectively.
The
total
number
of
responses
in
the
early
years
of
the
program
was
192,268.
The
total
annual
hourly
burden
and
cost
for
subsequent
years
(
2004
and
beyond)
is
estimated
to
be
38,742
hours
and
$
2,405,185,
respectively.
The
total
number
of
responses
for
65
subsequent
years
of
the
program
is
estimated
to
be
37,818.
The
difference
between
the
total
number
of
responses
in
the
early
years
of
the
program
and
subsequent
years
is
due
to
the
large
number
of
small
gasoline
distributors
and
retail
gasoline
service
stations
that
needed
to
become
familiar
with
the
requirements
of
the
new
program.
These
new
requirements,
however,
do
not
impose
additional
recordkeeping
burdens
on
these
parties
beyond
what
they
are
currently
required
to
keep
under
the
reformulated
gasoline
program.

Table
6(
e).
1:
Annual
Burden
and
Cost
for
Gasoline
Refiners
and
Importers
­
Early
Years
of
the
Program
Collection
Activity
Total
Annual
Burden
Hours
(
per
respondent)
Total
Annual
Cost
($
per
respondent)
Number
of
Responses
Total
Hours
per
Year
(
all
refiners
and
importers)
Total
Annual
Cost
($
all
refiners
and
importers)

1)
Familiarize
Employees
with
New
Requirements
Refiners
Importers
5.67
2
41,082
2,067
167
20
9461
401
41,082
2,067
2)
Submit
Baseline
Report
for
ABT
Program
(
refiners
only)
1
3,081
79
791
3,081
3)
Submit
Early
Credit
Sulfur
Averaging
Report
(
refiners
only)
2.5
8,453
79
198
8,453
4)
Registration2
0.25
13
1
0.251
13
5)
Small
Refiner
Application
(
including
baseline
submission)
1.33
776
12
161
776
6)
GPA
Application
(
including
baseline)
0.33
1,940
30
401
1,940
7)
Temporary
Hardship
Relief
Application
(
including
baseline)
(
refiners
only)
0.33
258
4
5.32
258
8)
Request
for
Adjustment
of
Small
Refiner
Per­
gallon
Cap
Standard
0.17
32.09
5
3.35
$
32.09
1)
This
is
a
one
time
activity.
The
total
burden
for
this
one­
time
activity
was
divided
by
three
to
arrive
at
the
above
estimates,
to
reflect
the
distribution
of
the
burden
over
the
three
year
period
covered
by
this
ICR.
2)
Only
applies
if
party
is
not
already
registered
under
the
RFG
program.
66
Table
6(
e).
2:
Annual
Burdens
and
Costs
for
Gasoline
Terminals,
Pipelines,
Truckers,
Retailers
and
Wholesale
Purchaser­
Consumers
(
WPCs),
and
Users
of
Research
and
Development
(
R&
D)
Gasoline1
­
Early
Years
of
the
Program
Collection
Activity2
Total
Annual
Burden
Hours
(
per
respondent)
Total
Annual
Cost
($
per
respondent)
Number
of
Responses3
Total
Hours
Per
Year
(
all
entities)
Total
Annual
Cost
($
all
entities)

Familiarize
Employees
with
New
Requirements:

1)
Terminals
1.42
46.42
1200
1,700
55,700
3)
Pipelines
1.42
46.42
60
85
2,785
4)
Truckers
0.42
14.75
8,000
3,333
118,000
5)
Retailers
and
WPCs
0.034
0.50
182,596
6,087
91,298
6)
Users
of
R&
D
Gasoline
0.17
9.67
20
3.4
193
1)
There
are
no
capital
start­
up
or
operational
and
maintenance
costs
for
these
entities
over
the
time
period
covered
by
this
ICR.
2)
Within
the
three
year
time
span
covered
by
this
ICR
the
activity
of
these
regulated
parties
is
limited
to
familiarization
with
the
new
requirements.
67
Table
6(
e).
3:
Annual
Burdens
and
Costs
for
Gasoline
Refiners
and
Importers
­
Subsequent
Years
of
the
Program
(
2004
and
beyond)

Collection
Activity
Responses
per
Respondent
Number
of
Respondents
Burden
Hours
per
Response
Total
Annual
Cost
($
per
respondent)
Total
Number
of
Responses
Total
Hours
per
Year
(
all
refiners
and
importers)
Total
Annual
Cost
($
all
refiners
and
importers)

1)
Annual
corporate
pool
Refiners
Averaging
report
:
Importers
1.0
1.0
80
39
1.0
1.0
54
54
80
39
80
39
4,320
2,106
2)
Annual
refiner/
importer
Refiners
Averaging
report
Importers
3.0
1.0
80
39
0.33
0.33
54
18
245
39
81
13
4,320
702
3)
Credit
/
allotment
report:
1.0
70
0.75
49
70
53
3,430
4)
Test
add'l
batches
Refiners
(
own
equip)

of
CG:
Refiners
(
lab)

Importers
(
lab)
400
400
27
50
25
30
1.0
1.0
1.0
24,800
29,600
1,998
20,000
10,000
810
20,000
10,000
810
1,240,000
740,000
59,940
5)
Alternative
sampling/
testing:
PCG
Butane
40
5
15
20
1.0
0.75
2,080
165
600
100
600
75
31,200
3,300
6)
Small
refiners:
PTDs
Reporting
1.0
1.0
12
12
2.0
0.5
105
21
12
12
24
6
1,260
252
7)
GPA
refiners:
PTDs
Reporting
1.0
1.0
30
30
2.0
0.5
105
21
30
30
60
15
3,150
630
8)
Annual
averaging
report
for
temporary
hardship
1.0
2
0.5
21
2
1
42
9)
Alternative
sampling/
testing
for
truck
importers
12
10
1.0
564
120
120
5,640
10)
Importer
independent
lab
reports
for
S­
FRGAS
12
2
1.0
636
24
24
1,272
11)
Attest
engagements:
Refiners
Importers
3.06
1.0
80
39
5.0
5.0
979
320
245
39
1,225
195
78,320
12,480
12)
Refiner
Q/
A
testing
for
defense
10
100
1.0
400
1,000
1,000
40,000
68
Total
33,497
34,421
2,232,364
Table
6(
e).
4:
Annual
Burdens
and
Costs
for
Gasoline
Terminals,
Pipelines
and
Users
of
Research
and
Development
(
R&
D)

Gasoline
Collection
Activity
Annual
Responses
per
Respondent
Number
of
Respondents
Burden
Hours
per
Response
Total
Annual
Cost
($
per
respondent)
Total
Number
of
Responses
Total
Hours
per
Year
(
all
entities)
Total
Annual
Cost
($
all
entities)

Q/
A
sampling/
testing
for
S­
RGAS:

Terminals
Pipelines
2
2
1200
60
1.0
1.0
80
80
2400
120
2400
120
96,000
4,800
Q/
A
periodic
sampling/

testing
for
defense:

Terminals
Pipelines
10
10
120
60
1.0
1.0
400
400
1200
600
1200
600
48,000
24,000
R&
D
Applications
1
1
0.5
21
1
0.5
21
Total
4,321
4,321
172,821
69
(
ii)
Variations
in
the
Annual
Bottom
Line
No
annual
variations
in
the
respondent
reporting/
recordkeeping
burden
or
cost
over
the
course
of
this
clearance
period
are
expected.

6(
f)
Reasons
for
Change
in
Burden
This
submittal
is
a
renewal
of
the
ICR
initially
submitted
for
this
rule.
The
initial
submittal
estimated
the
annual
burden
and
costs
associated
with
the
first
three
years
of
the
program.
These
burdens
are
included
in
this
submittal,
however,
since
they
will
not
continue
after
the
initial
phase
of
the
program,
they
are
not
included
in
the
bottom
line
annual
burden
hours
and
cost
estimates
included
in
this
submittal.
This
submittal
estimates
the
bottom
line
annual
burden
and
cost
for
years
following
the
early
phase
of
the
program
(
beginning
in
2004).

6(
g)
Burden
Statement
This
information
collection
request
covers
the
requirements
regarding
the
control
of
gasoline
sulfur
content
in
Tier
2
gasoline
sulfur
program.
The
information
collection
requirements
for
certifiers
of
motor
vehicles
under
the
sulfur
program
are
covered
under
a
separate
information
collection
request.
Section
6(
d)
&
(
e)
presents
the
total
estimated
burden
on
parties
involved
in
the
production,
distribution,
and
sale
of
gasoline
under
the
sulfur
program
separately
for
the
early
years
of
the
sulfur
program
and
for
subsequent
years
(
2004
and
beyond).
The
total
annual
burden
for
the
three
years
covered
by
this
ICR
(
2004­
2006)
is
approximately
38,742
hours
and
$
2,405,185.
Because
the
universe
of
respondents
to
the
sulfur
program
is
quite
diverse,
there
is
no
"
typical"
respondent;
however,
the
burden
estimates
for
the
various
individual
activities
in
Section
6(
a)
can
be
used
to
estimate
the
burden
for
a
particular
respondent.
The
annual
burden
is
estimated
to
average
between
12
and
500
hours
per
respondent,
depending
on
the
information
collection
requirements
of
the
particular
party.
The
average
number
of
hours
per
response
is
estimated
as
1
hour.
We
estimate
there
will
be
37,818
annual
responses.

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
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
70
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.
OAR­
2003­
0171,
which
is
available
for
public
viewing
at
the
Air
and
Radiation
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
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
is
(
202)
566­
1742.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
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.
(
OAR­
2003­
0171)
and
OMB
control
number
(
2060­
0437)
in
any
correspondence.

C.
Attachments
Citations
regarding
the
legal
authority
for
the
information
collection
requirements
related
to
the
control
of
gasoline
sulfur
content
under
the
sulfur
program
are
contained
in
the
attachment.
Due
to
the
length
and
complex
technical
nature
of
the
regulation
under
the
sulfur
program,
they
are
not
contained
in
the
attachment.
These
sulfur
regulations
are
located
in
the
FR
for
the
Tier
2
rulemaking.
71
Attachment
Legal
Authority
Citations
Clean
Air
Act
42
U.
S.
C.
7414.

Section
114:
Inspection,
Monitoring,
and
Entry
(
a)
For
the
purpose:
(
i)
of
developing
or
assisting
in
the
development
of
any
implementation
plan
under
Section
110
or
111(
d),
any
standard
of
performance
under
Section
111,
any
emission
standard
under
Section
112,
[,
or
any
regulation
of
solid
waste
combustion
under
Section
129,]
[
or
any
regulation
under
section
129
(
relating
to
solid
waste
combustion),]
1
(
ii)
of
determining
whether
any
person
is
in
violation
of
any
such
standard
or
any
requirement
of
such
a
plan,
or
(
iii)
carrying
out
any
provision
of
this
Act
(
except
a
provision
of
title
II
with
respect
to
a
manufacturer
of
new
motor
vehicles
or
new
motor
vehicle
engines):
(
1)
the
Administrator
may
require
any
person
who
owns
or
operates
any
emission
source,
who
manufactures
emission
control
equipment
or
process
equipment,
who
the
Administrator
believes
may
have
information
necessary
for
the
purposes
set
forth
in
this
subsection,
or
who
is
subject
to
any
requirement
of
this
Act
(
other
than
a
manufacturer
subject
to
the
provisions
of
Section
206(
c)
or
208
with
respect
to
a
provision
of
title
II)
on
a
one­
time,
periodic
or
continuous
basis
to
­
(
A)
establish
and
maintain
such
records;
(
B)
make
such
reports;
(
C)
install,
use,
and
maintain
such
monitoring
equipment,
and
use
such
audit
procedures,
or
methods;
(
D)
sample
such
emissions
(
in
accordance
with
such
procedures
or
methods,
at
such
locations,
at
such
intervals,
during
such
periods
and
in
such
manner
as
the
Administrator
shall
prescribe);
(
E)
keep
records
on
control
equipment
parameters,
production
variables
or
other
indirect
data
when
direct
monitoring
of
emissions
is
impractical;
(
F)
submit
compliance
certifications
in
accordance
with
Section
114(
a)(
3);
and
(
G)
provide
such
other
information
as
the
Administrator
may
reasonably
require;
and
(
2)
the
Administrator
or
his
authorized
representative,
upon
presentation
of
his
credentials
­
(
A)
shall
have
a
right
of
entry
to,
upon,
or
through
any
premises
of
such
72
person
or
in
which
any
records
required
to
be
maintained
under
paragraph
(
1)
of
this
section
are
located,
and
B)
may
at
reasonable
times
have
access
to
and
copy
any
records,
inspect
any
monitoring
equipment
and
method
required
under
paragraph
(
1),
and
sample
any
emissions
which
such
person
is
required
to
sample
under
paragraph
(
1).

45
U.
S.
C.
7542.

Section
208:
Information
Collection:
(
a)
Manufacturers
responsibility.
"
Every
manufacturer
shall
establish
and
maintain
such
records,
make
such
reports,
and
provide
such
information
as
the
Administrator
may
reasonably
require
to
enable
him
to
determine
whether
such
manufacturer
has
acted
or
is
acting
in
compliance
with
this
part
and
the
regulations
thereunder
and
shall,
upon
request
of
an
officer
or
employee
duly
designated
by
the
Administrator,
permit
such
officer
or
employee
at
reasonable
times
to
have
access
to
and
copy
such
records."
