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.
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.
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
2459ss02 jrs.docx
Performance-Based Measurement System for Fuels