OMB files this
comment in accordance with 5 CFR 1320.11(c) of the Paperwork
Reduction Act and is withholding approval of this collection at
this time. This OMB action is not an approval to conduct or sponsor
an information collection under the Paperwork Reduction Act of
1995. The agency shall examine public comment in response to the
Notice of Proposed Rulemaking and will include in the supporting
statement of the next ICR, to be submitted to OMB at the final rule
stage, a description of how the agency has responded to any public
comments on the ICR. This action has no effect on any current
approvals.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
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With this proposed 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 proposed
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 we are proposing 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 proposed 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 -
e.g., we anticipate that much less information would be required
for a published, voluntary consensus based standards organization
method (i.e., a "VCSB method") than for a test method developed, in
house, by the individual laboratory (i.e., a "non-VCSB method.").
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.
With this proposed 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.
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:
(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;
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.
Form 5900-303 Performance-Based Measurement System for Fuels
2459ss01 - 1_3_2013 update.docx
Performance-Based Measurement System for Fuels