DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

1
INFORMATION
COLLECTION
REQUEST
(
ICR)

OMB­
83
SUPPORTING
STATEMENT
ENVIRONMENTAL
PROTECTION
AGENCY
OFFICE
OF
AIR
&
RADIATION
A.
JUSTIFICATION
1.
Identification
of
the
Information
Collection
a.
Title:
Recordkeeping
and
Reporting
for
the
Performance­
Based
Qualification
of
Test
Methods
for
Diesel
Fuel.

EPA
Number:
2180.02
b.
Short
characterization:

With
this
information
collection
request
(
ICR),
the
Office
of
Air
and
Radiation
(
OAR)
is
seeking
permission
to
collect
applications
from
refiners,
importers,
and
independent
laboratories
in
order
to
permit
them
to
use
performance­
based
test
methods
for
measuring
sulfur
in
diesel
fuel
and
detecting
the
presence
of
a
marker
in
diesel
sold
as
heating
oil.
An
emergency
ICR
is
in
effect
through
September
2005.

In
the
past,
we
would
set
up
a
designated
test
method
for
measuring
compliance
with
various
fuel
parameters.
Typically,
this
test
method
was
an
American
Society
for
Testing
and
Materials
(
ASTM)
procedure
that
our
laboratory
used.
Regulated
parties
would
have
to
use
the
same
method.
In
certain
circumstances,
alternative
test
methods
were
named.
If
a
regulated
party
used
an
alternative
test
method,
all
results
would
have
to
be
correlated
to
the
designated
test
method.
Simply
put,
the
party
would
have
to
develop
and
apply
a
correlation
equation
to
all
its
results
to
bring
them
in
line
with
the
designated
test
method.

The
recent
regulations
for
diesel
fuel
incorporated
a
performance­
based
test
method
approach.
See
"
Air
Pollution
Control;
New
Motor
Vehicles
and
Engines:
Nonroad
Diesel
Engines
and
Fuel;
Emissions
Standards,"
69
FR
38957
(
June
29,
2004).
This
approach
sets
up
accuracy
and
precision
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

2
criteria,
but
permits
regulated
parties
to
qualify
their
laboratories
to
use
their
own
test
methods.
Industry
supports
this
approach
and
welcomes
it
as
a
first
step
to
a
more
comprehensive
performance­
based
approach
to
test
method
issues.
In
order
to
be
qualified
to
use
a
test
method,
a
refiner's
or
importer's
laboratory
or
an
independent
laboratory
will
have
to
submit
certain
information
to
us.
Unfortunately,
these
reporting
provisions
were
not
included
in
the
information
collection
request
for
that
final
rule.
The
first
day
by
which
regulated
parties
may
comply
was
December
27,
2004
and
many
were
waiting
to
submit
applications,
so
we
submitted
an
emergency
ICR
request
to
OMB
to
permit
us
to
accept
applications
until
September
2005.
This
supporting
statement
has
been
prepared
to
support
our
"
regular"
ICR
request,
to
take
us
beyond
the
emergency
clearance's
expiration
date.

2.
Need
For,
and
Use
of,
the
Collection
a.
Authority
for
the
Collection
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.
The
relevant
regulations
are
in
40
CFR
Part
80,
Regulation
of
Fuels
and
Fuel
Additives.

b.
Practical
Utility/
Uses
of
the
Data
The
reported
data
will
enable
EPA
to:

1)
Qualify
laboratories
to
use
test
methods
based
upon
accuracy
and
precision
criteria
supported
by
industry.

2)
Ensure
that
diesel
fuel
and
heating
oil
meet
the
standards
required
under
40
CFR
Part
80
and
that
the
associated
benefits
to
human
health
and
the
environment
are
realized.

3.
Non­
duplication,
Consultation,
and
other
Collection
Criteria
a.
Non­
duplication
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

3
Efforts
have
been
made
to
eliminate
duplication
in
this
information
collection.
Where
possible,
information
requirements
from
various
organizations
within
the
Agency
have
been
combined
to
minimize
the
submittal
of
duplicate
information
in
different
formats.
The
information
in
this
collection
will
not
be
available
from
another
source.

b.
Public
Notice
EPA
will
provide
an
opportunity
for
notice
and
comment
regarding
this
ICR.

c.
Consultations
EPA
has
held
several
consultations
with
regard
to
the
provisions
related
to
performance­
based
test
methods.
Information
is
in
the
rulemaking
docket,
available
at
www.
epa.
gov/
edocket
under
OAR­
2003­
0012.
To
develop
estimates
for
the
emergency
ICR,
industry
sources
were
consulted
(
the
American
Petroleum
Institute's
Analytical
Test
Method
Group).
Industry
sources
were
again
consulted
with
regard
to
the
estimates
contained
in
this
supporting
statement.

d.
Effects
of
Less
Frequent
Data
Collection
This
is
a
one­
time
collection
of
data
for
nearly
all
parties.
We
expect
that
nearly
all
respondents
will
seek
to
qualify
published
ASTM
test
methods.
In
the
event
that
a
respondent
develops
an
"
in­
house"
test
method
rather
than
seeking
to
qualify
a
laboratory
to
use
a
test
method
developed
by
a
recognized
voluntary
consensus­
based
standards
organization,
such
as
ASTM,
EPA's
approval
will
expire
after
five
(
5)
years.

e.
General
Guidelines
This
rule
does
not
exceed
any
of
the
OMB
guidelines.
However,
records
must
be
kept
for
five
(
5)
years,
because
this
is
the
time
period
for
which
a
laboratory
using
an
"
in­
house"
test
method
may
be
qualified
under
the
regulations.
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

4
f.
Confidentiality
EPA
informs
respondents
that
they
may
assert
claims
of
business
confidentiality
for
any
or
all
of
the
information
they
submit.
Information
claimed
as
confidential
will
be
treated
in
accordance
with
40
CFR
Part
2.
The
template
for
qualification
(
a
spreadsheet­
based
form)
permits
a
party
to
clearly
assert
a
claim
of
business
confidentiality
on
the
actual
submission.
Information
that
is
received
without
a
claim
of
confidentiality
may
be
made
available
to
the
public
without
further
notice
to
the
submitter
under
40
CFR
§
2.203.

g.
Sensitive
Information
Individual
reporting
data
may
be
claimed
as
sensitive
and
will
be
treated
as
confidential
information
in
accordance
with
the
procedures
outline
in
40
CFR
Part
2.

4.
The
Respondents
and
the
Information
Requested
a.
Respondents/
SIC
Codes
The
respondents
to
this
information
collection
are:
­
Refiners
(
both
domestic
and
foreign
refiners
who
manufacture
diesel
for
use
in
the
U.
S.)
­
Importers
of
diesel
into
the
U.
S.

­
Testing
laboratories
Recordkeeping
and
reporting
are
required
by
the
following
industries,
with
SIC
Code/
2002
NAICS
Code
indicated
in
parentheses:
refiners
(
2911/
324110),
importers
(
5172/
424720),
and
laboratories
(
8734/
541380).

b.
Information
Requested
In
order
to
qualify
a
test
method,
the
following
information
must
be
provided
to
the
Agency
A)
Reporting:
Respondents
must
provide
the
information
shown
in
the
template
attached
to
this
supporting
statement.
The
purpose
of
this
information
is
to
establish
that
the
test
method
to
be
used
by
the
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

5
laboratory,
in
fact,
meets
the
accuracy
and
precision
requirements
under
the
diesel
fuel
regulation.

B)
Recordkeeping:
Respondents
must
retain
underlying
records
related
to
qualifying
test
methods
for
five
(
5)
years.
This
time
period
is
necessary
since
it
is
the
time
period
for
which
a
laboratory
may
be
qualified
to
use
an
"
in­
house"
test
method.
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

6
5.
The
Information
Collected,
Agency
Activities,
Collection
Methodology,
and
Information
Management
a.
Agency
Activities
 
All
reported
data
will
be
reviewed
by
EPA.

 
EPA
will
use
the
data
to
determine
if
the
test
method
meets
the
accuracy
and
precision
criteria
of
the
regulation.

 
EPA
will
prepare
a
written
response
to
the
respondent
qualifying
(
or
not
qualifying)
the
test
method.

 
The
data
will
be
stored.

b.
Collection
and
Methodology
and
Management
Data
will
be
collected
by
industry
and
reported
to
EPA
in
the
form
of
the
attached
template,
typically
submitted
with
an
accompanying
letter
and
contact
information.
Confidential
business
information
will
be
stored
in
appropriately
controlled
areas.

c.
Small
Entity
Flexibility
This
collection
will
not
adversely
affect
small
entities.
The
regulation
provides
a
relatively
simple
means
of
qualifying
test
methods
that
is
welcome
by
industry
and
may
encourage
development
of
new
test
methods
by
entities
of
all
sizes.

d.
Collection
Schedule
This
information
is
to
be
submitted
on
a
one
time
basis
by
nearly
all
parties.
The
time
of
collection
is
driven
by
the
respondent,
but
may
occur
at
any
time
from
December
27,
2004
onward.

6.
Estimating
the
Burden
and
Cost
of
Collection
a.
We
drew
upon
experience
implementing
similar
regulations
among
the
same
entities
to
develop
estimates
of
the
burden
associated
with
this
collection.
We
also
discussed
our
estimates
for
this
ICR
and
for
the
preceding
emergency
ICR
with
industry.
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

7
b.
Estimating
the
Respondent
Cost
Three
labor
categories
are
involved:
managerial
(
includes
legal
and
professional
review),
technical,
and
clerical.
According
to
the
Bureau
of
Labor
Statistics,
Employer
Costs
for
Employee
Compensation,
"
Table
12
­
Private
industry,
manufacturing,
and
non­
manufacturing
industries
by
occupational
group
(
December,
2003),"
2
the
following
wages
and
benefits
apply
by
category:

Wages
and
Benefits
Managerial
$
49.30
per
hour
Technical
$
32.31
per
hour
Clerical
$
22.42
per
hour
Doubling
for
company
overhead
beyond
wages
and
benefits,
and
for
convenience,
rounding
to
the
dollar,
gives
the
following
rates
for
this
ICR:

Total
Employer
Cost
Managerial
$
99
per
hour
Technical
$
65
per
hour
Clerical
$
45
per
hour
The
labor
mix
for
the
activities
above
will
be
about
the
same
for
each.
It
is
assumed
that
for
each
hour
of
activity
the
mix
will
be
about
0.1
hour
managerial,
0.7
hour
technical,
and
0.2
hour
clerical.
This
gives
an
average
labor
cost
of
about
$
65
per
hour,
which
will
be
used
in
this
ICR.
The
annual
burden
estimates
given
below
are
based
upon
the
likely
respondents
and
estimated
number
of
reports,
industry
contact,
and
our
knowledge
of
likely
industry
activity
over
the
next
three
years.

Since
laboratories
already
engage
in
cross­
check
programs
with
other
laboratories,
we
have
assumed
no
additional
expense
for
O&
M.

2
See
http://
stats.
bls.
gov/
news.
release/
ecet.
t12.
htm.
(
Accessed
April
8,
2004.)
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

8
Finally,
we
have
not
double­
counted
any
reporting
that
was
covered
by
ICR
1718.06
which
already
includes
QA
testing
by
refiners,
importers
and
independent
laboratories.
This
collection
covers
only
the
application
process
to
qualify
laboratories
to
use
test
methods
got
QA
testing.

The
annual
estimates
for
hours
and
burden
follow:
DRAFT
prepared
for
public
comment.

DATE:
June
2,
2005.
9
Annual
Respondent
Burden
Hours
&
Costs
(
Including
Capital
&
Maintenance
­
O&
M)

Collection
Activity
Number
of
Respondents
Number
of
Responses
per
Respondent
Total
Number
of
Responses
Hours
per
Response
Total
Hours
&
Total
Cost
($
000)

@
$
65/
hour
Total
O&
M
Prepare
and
Submit
Application
225
1
225
180
46,500
hours
­­­­­­

$
3,023
($
000)
0
Total
46,500
hours
­­­­­­

$
3,023
($
000)
0
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

10
c.
Estimating
Agency
Burden
and
Cost
The
annual
Agency
burden
is
determined
using
the
2003
OPM
annual
base
pay
table
divided
by
2,080
to
estimate
the
hourly
wage
and
the
multiplied
by
1.6,
the
standard
government
benefits
multiplier.
The
hour
wage
rates
are
as
follows,
rounded
up
to
the
nearest
five
dollars:

EPA
Manager
=
$
70
Technical
Staff
(
GS­
13)
=
$
50
Clerical
Staff
(
GS­
5)
=
$
20
We
have
assumed
that
each
response
will
require
5
hours
of
technical
staff
time
to
review
and
prepare
the
written
response.
It
is
estimated
that
manager
will
be
required
to
expend
1/
2
hour
per
response
and
that
the
clerical
staff
will
expend
1/
2
hour
per
response.
Contractors
will
not
be
used
to
handle
these
applications
and
are
not
included.

The
total
annual
Agency
burden
hours
are
estimated
as
follows:

Activity
No.
of
Responses
Manager
Hours
Technical
Hours
Clerical
Hours
Total
Agency
Hours
Evaluate
Data
225
0
2.5
0
529
Prepare
And
Send
Response
225
0.25
1
0.0
65
Store
Data
225
0
0
0.25
65
Total
0.25
3.5
0.25
659
The
total
cost
per
responses
is
estimated
to
be
$
5/
clerical
worker,
$
175/
technical
staff,
and
$
18/
manager,
which
yields
$
198/
response.
The
total
cost
burden
to
the
Agency
for
225
responses
would
be
$
44,550.

d.
Estimating
the
Respondent
Universe
We
were
able
to
estimate
the
number
of
regulated
entities
drawing
upon
experience
regulating
the
same
entities.

e.
Bottom
Line
Annual
Burden
Hours
and
Costs
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

11
We
estimate
the
total
annual
burden
to
respondents
as
46,500
hours
and
the
total
annual
cost
as
$
3,023,000
from
the
table
on
page
9.
We
estimate
the
total
annual
burden
hours
to
the
Agency
as
659
hours
and
$
44,500
from
the
table
and
discussion
on
page
10.

f.
Reason
for
Change
in
Burden
The
change
in
burden
is
due
to
new
regulatory
provisions
regarding
performance­
based
test
methods
for
determining
the
sulfur
content
of
diesel
fuel
or
the
presence
of
a
dye
in
heating
oil.

g.
Burden
Statement
The
foregoing
discussion
and
tables
on
pages
9­
10
present
the
average
annual
respondent
burden.
The
burden
is
summarized
in
paragraph
e.,
Bottom
Line
Burden
Hours
and
Costs,
of
this
section.

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
the
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purpose
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
transit
or
otherwise
disclose
the
information.

An
Agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
OPPE
Regulatory
Information
DRAFT
prepared
for
public
comment.
DATE:
June
2,
2005.

12
Division,
U.
S.
Environmental
Protection
Agency
(
2137)
1200
Pennsylvania
Avenue,
N.
W.,
Washington,
DC;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
of
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention,
Desk
Officer
for
EPA.
Be
sure
to
include
the
EPA
ICR
number
(
2180.02)
in
correspondence.
