E15 Fuel Dispenser Labeling and Compatibility with Underground Storage Tanks (Proposed Rule)

Forms and Documents

Document Name	Status
2655ss01.docx Supporting Statement A	2021-01-19
2655ss01 Burden Estimates.xlsx Supplementary Document	2021-01-19

IC Document Collections

IC ID	Document Title	Status
245389	Compatibility with Underground Storage Tanks	New
245387	E15 Fuel Dispenser Labeling	New

ICR Details

OMB Control No:	ICR Reference No: 202101-2060-008
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2655.01
Title: E15 Fuel Dispenser Labeling and Compatibility with Underground Storage Tanks (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/19/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	28,332	0
Time Burden (Hours)	2,836	0
Cost Burden (Dollars)	2,952	0

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Abstract: This proposed regulation would either change the existing, approved E15 label (approved under OMB Control Number 2060-0675)—or remove it entirely. Should the E15 label be modified, then there would be a cost associated with affixing the amended label to pumps from which fuel is dispensed. We have also allowed that some parties may need to purchase labels. Parties required to affix labels are typically parties who own or operate retail stations or wholesale-purchases consumer facilities. Should the E15 labeling requirement be removed entirely, then there would no longer be any E15 label required and we would anticipate a cost savings to industry. This proposed regulation would also require owners and operators of underground storage tanks (UST) to maintain records of compatibility at new UST installations and replacements storing motor fuels used in over the road transportation. This new requirement is only intended for UST systems storing motor fuel used in over-the-road transportation, not for UST systems fueling emergency power generators nor other UST systems used for off-road purposes such as construction equipment. In the existing regulation, owners and operators of USTs storing product containing more than 10 percent ethanol or more than 20 percent biodiesel are required to maintain records to demonstrate compatibility with the product stored. This action proposes to grant certain allowances for this current UST system compatibility demonstration requirement, which reduces information collection burden for some UST systems. The existing requirements for owners and operators of USTs are under OMB Control Number 2050-0068.

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Authorizing Statute(s): US Code: 42 USC 7545 Name of Law: Clean Air Act
   US Code: 42 USC 6991 Name of Law: Resource Conservation and Recovery Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU92	Proposed rulemaking	86 FR 5094	01/19/2021

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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: 2

IC Title	Form No.	Form Name
E15 Fuel Dispenser Labeling
Compatibility with Underground Storage Tanks

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ICR Summary of Burden

	Total Request	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	28,332	0	0	28,332	0	0
Annual Time Burden (Hours)	2,836	0	0	2,836	0	0
Annual Cost Burden (Dollars)	2,952	0	0	2,952	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 presents a description of the total annual respondent and regulatory burden for all information collection activities related to the revisions to 40 CFR Part 280. The total increase in burden for the UST portion is 2799 hours and $65,515. The increase in burden results from revisions to the existing UST regulation regarding maintaining records of compatibility with higher blends of ethanol. For the E15 labeling portion, the total burden is 37 hours and $3,785, of which $2,952 is capital /O&M.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 01/19/2021

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