Performance-Based Measurement System for Fuels (Final Rule)

OMB Control No: 2060-0692	ICR Reference No: 201602-2060-001
Status: Historical Active	Previous ICR Reference No: 201306-2060-001
Agency/Subagency: EPA/OAR	Agency Tracking No: 2459.02
Title: Performance-Based Measurement System for Fuels (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/02/2016
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/08/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved
Responses	5,668	0	0
Time Burden (Hours)	9,498	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: With this final information collection request (ICR), the Office of Air and Radiation (OAR) is seeking permission to collect applications from refiners’ and importers’ fuel testing laboratories, and from independent fuel testing laboratories, in order to permit them to use performance-based test methods for measuring various characteristics of fuels under 40 CFR Part 80 programs. 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 for compliance purposes. In certain circumstances, alternative test methods were named in our regulations. 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. A limited performance-based test method approach was adopted to address the measurement of sulfur in diesel fuel; however, outside of the diesel program, there was no real opportunity for laboratories to use test methods developed outside of voluntary consensus-based standards groups (i.e., “VCSB methods”) or to choose VCSB test methods not designated in our regulations as recognized alternative test methods. The final regulation seeks to permit laboratories greater flexibility with respect to choosing test methods, while ensuring that adequate accuracy and precision, and the use of good laboratory practices. The performance-based approach sets up accuracy and precision criteria, but permits regulated parties to qualify their laboratories to use their own test methods. Industry supported our approach to diesel sulfur and welcomed it as a first step to a more comprehensive performance-based approach to test method issues. This final rule seeks to implement the more comprehensive approach. 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. The information submitted will depend upon the nature of the method. VCSB test methods will self-qualify provided they meet the performance based requirements for accuracy and precision. Non-VCSB test methods, those that are developed “in-house” will be required to submit certain information to us in order to get qualified. There will be recordkeeping and reporting burdens associated with qualifying laboratories on test methods. In addition, laboratories will have to engage in quality control activities that will have a recordkeeping component. Statistical quality control (SQC) activities are an industry standard practice, and we do not anticipate any real increase in that burden do to our proposal. However, since we propose to require retention of SQC records in order to demonstrate compliance, we have estimated that burden.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: Clean Air Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AQ86	Final or interim final rulemaking	79 FR 23413	04/28/2014

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Performance-Based Measurement System for Fuels 5900-303, 5900-364 PBMS Non VCSB Method Defined and Reference Installation Test Method Template ,   Reporting form for data submittal under 40 CFR 80.47

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,668	0	0	5,668	0	0
Annual Time Burden (Hours)	9,498	0	0	9,498	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This new ICR covers applications from refiners' and importers' fuel testing laboratories, and from independent fuel testing laboratories, in order to permit them to use performance-based test methods for measuring various characteristics of fuels under 40 CFR Part 80 programs.

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Annual Cost to Federal Government: $240,759

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Geanetta Heard 202 343-9017 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 02/08/2016

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