Affirmative Defense Requirements for Ultra-low Sulfur Diesel

Forms and Documents

Document Name	Status
2364ss02.doc Supporting Statement A	2010-05-10

IC Document Collections

IC ID	Document Title	Status
190572	Affirmative Defense Requirements for Ultra-low Sulfur Diesel	Modified

ICR Details

OMB Control No: 2060-0639	ICR Reference No: 201005-2060-007
Status: Historical Active	Previous ICR Reference No: 200909-2060-002
Agency/Subagency: EPA/OAR	Agency Tracking No: 2364.02
Title: Affirmative Defense Requirements for Ultra-low Sulfur Diesel
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 05/31/2010
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/15/2010
	Date Received in OIRA: 05/11/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	6 Months From Approved
Responses	20	0	0
Time Burden (Hours)	320	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This ICR covers the burdens and costs associated with a direct final rule which would allow refiners and importers of ultra-low sulfur diesel an alternative means of meeting the affirmative defense requirements in the exiting highway sulfur diesel fuel sampling and testing program. The information collection relates to reports that the refiners, importers, and distributors have to submit in the event they get a non-complying sulfur test result. This is expected to affect 20 or fewer parties per year.

Emergency Justfication: EPA is requesting emergency approval for this interim final rule, which did not have a proposed rule stage/comment period. EPA will incorporate a 60-day notice in to the direct final rule and then publish a 30-day notice to request a full three year clearance.

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Authorizing Statute(s): US Code: 42 USC 7414, 7542, 7545, 7601.01(a) 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-AO71	Final or interim final rulemaking	75 FR 26122	05/11/2010

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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
Affirmative Defense Requirements for Ultra-low Sulfur Diesel

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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	20	0	0	20	0	0
Annual Time Burden (Hours)	320	0	0	320	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 ICR covers burdens and costs associated with a new direct final rule which would allow refiners and importers of ultra-low sulfur diesel an alternative means of meeting the affirmative defense requirements in the existing highway diesel sulfur regulations by participating in a nationwide diesel fuel sampling and testing program

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Annual Cost to Federal Government: $2,680

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]? Uncollected

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

Is this ICR related to the Pandemic Response? Uncollected

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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: 05/11/2010

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