[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44235-44238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18377]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9706-8]


Forms and Procedures for Submitting Compliance Reports: 
Requirements Pertaining to Reformulated Gasoline, Anti-dumping, 
Gasoline Sulfur, Renewable Fuel Standard Requirements, etc. and 
Greenhouse Gas Reporting Requirements Related to Coal-Based Liquid 
Fuels and Petroleum Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) is 
announcing that compliance reports submitted or due on or after August 
31, 2012 must be submitted via EPA's Central Data Exchange (CDX). The 
substance and format of the reports is unchanged. EPA is switching to 
all-electronic reporting using CDX because it is simple, cost 
effective, and will improve the availability and integrity of data. As 
of August 31, 2012, parties will no longer be permitted to submit 
reports via portable electronic media, such as CDs or diskettes. This 
notice affects parties subject to reporting requirements under 40 CFR 
part 80, including requirements pertaining to reformulated gasoline, 
anti-dumping, gasoline sulfur, ultra-low sulfur diesel, benzene 
content, and the renewable fuel standard. This notice also affects 
parties subject to greenhouse gas reporting requirements related to 
coal-based liquid fuels and petroleum products under 40 CFR part 98, 
subparts LL and MM.

DATES: The reporting procedures described in this notice are effective 
starting with reports due or submitted to EPA on or after August 31, 
2012.

FOR FURTHER INFORMATION CONTACT: Anne-Marie C. Pastorkovich, Attorney/
Advisor, Environmental Protection Agency, 1200 Pennsylvania Avenue NW. 
(6406J), Washington, DC 20460; telephone number: 202-343-9623; fax 
number: 202-343-2801; email address: pastorkovich.anne-marie@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this notice apply to me?

    This action affects regulated parties who submit information to EPA 
under fuels programs governed by 40 CFR Part 80, including the 
reformulated gasoline, anti-dumping, gasoline sulfur, ultra-low sulfur 
diesel, and benzene programs, as well as the renewable fuel standard. 
This action also affects regulated parties who submit information to 
EPA related to the greenhouse gas reporting requirements of 40 CFR part 
98, subparts LL and MM. The specific programs and forms affected are 
discussed in Section III--What Reports Must Be Submitted via CDX? 
Reports due or submitted to EPA on or after August 31, 2012 must be 
submitted to the OTAQ Fuels Reporting System via the EPA Central Data 
Exchange (CDX). As of that date, regulated parties will no longer be 
permitted to report by submitting portable electronic media, such as 
CDs or diskettes. This notice also affects the resubmission of any 
report to EPA, if the resubmission occurs on or after August 31, 2012. 
If you have further questions regarding the applicability of this 
action to a particular party, please contact the person listed in FOR 
FURTHER INFORMATION CONTACT.

II. Why is EPA switching to all-electronic reporting using CDX?

    EPA's Central Data Exchange (CDX) enables fast, efficient, and 
secure submission of data to EPA. Among the advantages offered by CDX 
are the following features, which will improve fuel reporting under 40 
CFR Part 80 and greenhouse gas reporting under 40 CFR part 98, subparts 
LL and MM. CDX allows regulated parties to:
     Submit data through one centralized and secure point of 
access;
     Receive confirmation from EPA when submissions are 
received;
     Submit data in a variety of formats including Excel and 
flat-file; and
     Reduce costs associated with submitting and processing 
data submissions.
    EPA does not charge the regulated party to set up a CDX account. 
Virtually all regulated parties subject to 40 CFR part 80 already have 
CDX accounts and EPA's primary reporting instructions already specify 
the submission of compliance reports using CDX. However, to date we 
have permitted submission of CDs or diskettes as an alternative to CDX 
reporting under certain circumstances. Starting with reports due or 
submitted on or after August 31, 2012, these alternative options for 
submitting reports will no longer apply.
    There are several reasons for eliminating alternative submission 
options. Parties often submit CDs without properly ``burning'' data to 
them, so that no report is submitted. EPA staff must then notify the 
regulated party that they must re-submit using CDX or by sending a CD 
that actually contains the required data. This type of reporting error 
cannot occur with a CDX transmission.

[[Page 44236]]

    Electronic media submitted to EPA via postal mail is irradiated for 
security reasons, which often damages CDs and diskettes, rendering them 
unusable. When this occurs, EPA staff must notify regulated parties to 
ensure a usable resubmission occurs. This type of damage cannot occur 
with a CDX transmission.
    When parties submit portable electronic media such as CDs or 
diskettes, they are also required to submit a physical, signed, cover 
letter that identifies all the files being submitted and that explains 
the reason why the data was not submitted to EPA using CDX. EPA is 
required to review and retain this paperwork and must match up the 
paperwork to the physical media submitted. We must store both the paper 
and the physical media, and eventually we must catalog and archive 
them. With CDX, the process is done quickly, easily, and 
electronically, and no superfluous paper record or physical object 
requiring special storage is generated by the submitter. EPA is able to 
more quickly and efficiently process reports received through CDX, and 
the amount of paper and physical media that must be utilized, reviewed, 
stored, and eventually archived, is greatly reduced.
    EPA believes there is no reason to provide for alternatives to CDX 
and that exclusive use of CDX will increase efficiency and lower the 
costs associated with the submission and processing of compliance 
reports. It will also enhance the availability and integrity of 
information stored in our compliance database. Most compliance data is 
not publicly available (since it often contains information claimed as 
confidential business information by the submitter), but the data must 
be made available to EPA program and enforcement personnel. By 
utilizing CDX, information is entered into our compliance database and 
available for use much more quickly. By fully utilizing CDX, we expect 
not only enhanced availability, but enhanced data integrity as well. 
Parties using CDX are able to submit data in common file formats 
(including Excel); EPA is also providing a unified report form that 
allows companies to check report formats before submission to help 
avoid careless errors that prevent reports from being accepted by the 
system. Using CDX, a user may view its own reporting history and 
submitters may download and decrypt all reports that they submitted to 
EPA after July of 2011.
    Fully implementing electronic reporting via CDX is consistent with 
EPA, and government-wide, efforts to encourage secure electronic 
reporting and reduce costs associated with the processing and storage 
of paper formats and accompanying physical media. The alternative 
options we provided previously in the instructions for 40 CFR part 80 
programs and for 40 CFR part 98, subparts LL and MM were not meant as 
primary means of reporting, but were generally intended as a temporary 
measure for parties who did not have working CDX accounts in time for a 
reporting deadline. For example, the instructions for the RFS2 
alternative reporting procedure specifically state that the procedure 
is intended for parties who were unable to get a CDX account within a 
month of the reporting deadline, and further require that the party 
explain the reason they were not reporting via CDX in the cover letter 
they provide with the mailed-in media. Since virtually all reporting 
parties already have CDX accounts, we no longer believe any alternative 
submission options are necessary. We are providing ample notice in 
order to ensure that any party who does not yet have a CDX account has 
sufficient time to get one prior to August 31, 2012. Any party 
requiring a new CDX account may set up an account at http://cdx.epa.gov/epa_home.asp.

III. What reports must be submitted via CDX?

    For parties subject to the reformulated gasoline (RFG) and anti-
dumping regulations of Subparts D and E, the Tier 2 gasoline sulfur 
regulations of Subpart H and the gasoline toxics requirements (MSAT2) 
of Subpart J, reports must be submitted via CDX, starting with reports 
submitted or due on or after August 31, 2012. The report forms 
currently in use as of July 3, 2012 are listed with their OMB approval 
numbers and current expiration dates:
     3520-20C (RFG0301): Reformulated Gasoline and Anti-Dumping 
Batch Report, OMB Control Number 2060-0277, Expires December 31, 2014;
     3520-20D (RFG0400): Reformulated Gasoline and Anti-Dumping 
Quarterly Summary, OMB Control Number 2060-0277, Expires December 31, 
2014;
     3520-20E (RFG0500): Reformulated Gasoline and Anti-dumping 
Annual Compliance Designation, OMB Control Number 2060-0277, Expires 
December 31, 2014;
     3520-20H (RFG0800): Anti-Dumping Program Annual Report, 
OMB Control Number 2060-0277, Expires December 31, 2014;
     3520-20I (RFG0900): Reformulated Gasoline Toxics Emissions 
Performance Averaging Report, OMB Control Number 2060-0277, Expires 
December 31, 2014;
     3520-20J (RFG1000): Reformulated Gasoline Program Benzene 
Content Averaging Report, OMB Control Number 2060-0277, Expires 
December 31, 2014;
     3520-20L (RFG1200): Reformulated Gasoline Program 
NOX Emissions Performance Averaging Report (Complex Model), 
OMB Control Number 2060-0277, Expires December 31, 2014;
     3520-20M (RFG1300): Reformulated Gasoline Program VOC 
Emissions Performance Averaging Report, OMB Control Number 2060-0277, 
Expires December 31, 2014;
     3520-20N (RFG1400): Reformulated Gasoline Program 
Averaging Areas Report, OMB Control Number 2060-0277, Expires December 
31, 2014;
     3520-20P (RFG1600): Reformulated Gasoline Program Credit 
Transfer Report (Complex Model), OMB Control Number 2060-0277, Expires 
December 31, 2014;
     3520-20Q (RFG1700): Reformulated Gasoline Program Oxygen 
Content Averaging Report (Complex Model), OMB Control Number 2060-0277, 
Expires December 31, 2014;
     RFG2000: RFG & Anti-Dumping Annual Benzene Report (MSAT-
2), OMB Control Number 2060-0277, Expires December 31, 2014;
     RFG2200: MSAT2 Credit Transfer Report (MSAT-2), OMB 
Control Number 2060-0277, Expires December 31, 2014;
     RFG2500: MSAT-2 Precompliance Report (MSAT-2), OMB Control 
Number 2060-0277, Expires December 31, 2014; and
     Gasoline Sulfur and Benzene Batch Report (Tier 2 Gasoline 
Sulfur and MSAT-2), OMB Control Numbers 2060-0437 and 2060-0277, 
Expiring January 31, 2014 and December 31, 2014.
    Forms and instructions may be viewed on EPA's ``Reformulated 
Gasoline Reporting Forms'' Web page at the following URL: http://www.epa.gov/otaq/fuels/reporting/rfg.htm.
    For parties who are subject to the Tier 2 gasoline sulfur reporting 
regulations of Subpart H, the following reports must be submitted via 
CDX, starting with reports submitted or due on or after August 31, 
2012. The report forms currently in use as of July 3, 2012 are listed 
with their OMB approval numbers and current expiration dates:
     OH-GSC01: Overhead Information Included in Company 
Reports, OMB Control Number 2060-0437, Expiring January 31, 2014--this 
form includes the ``overhead'' (identifying information) that must be 
included in Tier 2 gasoline sulfur reports on a company level;
     GSC0100: Gasoline Sulfur Allotment Banking Report (company

[[Page 44237]]

report), OMB Control Number 2060-0437, Expiring January 31, 2014;
     GSC0200: Gasoline Sulfur Allotment Transfer/Conversion 
Report (company report), OMB Control Number 2060-0437, Expiring January 
31, 2014;
     GSC0300: Gasoline Sulfur Corporate Pool Average Report 
(company report), OMB Control Number 2060-0437, Expiring January 31, 
2014;
     GSC0400: Gasoline Sulfur Corporate Pool Facility 
Identification Report (company report), OMB Control Number 2060-0437, 
Expiring January 31, 2014;
     OH-GSF01: Overhead Information Included in Facility 
Reports, Expiring January 31, 2014--this form includes the ``overhead'' 
(identifying information) that must be included in Tier 2 gasoline 
sulfur reports on a facility level;
     GSF-0100: Gasoline Sulfur Credit Banking and Allotment 
Generation Report, OMB Control Number 2060-0437, Expiring January 31, 
2014;
     GSF-0200: Gasoline Sulfur Credit Transfer/Conversion 
Report, OMB Control Number 2060-0437, Expiring January 31, 2014;
     GSF-0301: Gasoline Sulfur Facility Summary Report, OMB 
Control Number 2060-0437, Expiring January 31, 2014;
     GSF-0401: Gasoline Sulfur and Benzene Batch Report, OMB 
Control Number 2060-0437, Expiring January 31, 2014; and
     GSF-0500: Gasoline Sulfur Report for Batches Containing 
Previously Certified Gasoline, OMB Control Number 2060-0437, Expiring 
January 31, 2014.
    Forms and instructions may be viewed on EPA's ``Tier 2 Gasoline 
Sulfur Reporting Forms'' Web page at the following URL: http://www.epa.gov/otaq/fuels/reporting/tier2.htm.
    For parties who are subject to the diesel sulfur reporting 
regulations of Subpart I, the following report forms must be submitted 
via CDX, starting with reports submitted or due on or after August 31, 
2012. The report forms currently in use as of July 3, 2012 are listed 
with their OMB approval numbers and current expiration dates:
     DSF0100: Diesel Fuel Sulfur Credit Banking & Generation 
Report, OMB Control Number 2060-0308, Renewal Pending;
     DSF0200: Diesel Fuel Sulfur Credit Transfer Report, OMB 
Control Number 2060-0308, Renewal Pending;
     DSF0302: Diesel Fuel Sulfur Facility Summary Report, OMB 
Control Number 2060-0308, Renewal Pending;
     DSF0401: Diesel Fuel Sulfur Batch Report, OMB Control 
Number 2060-0308, Renewal Pending;
     DSF0504: Designate & Track Handoff Report, OMB Control 
Number 2060-0308, Renewal Pending;
     DSF0601: Designate & Track Total Volume Report, OMB 
Control Number 2060-0308, Renewal Pending;
     DSF0700: Designate & Track Facility Compliance Calculation 
Report, OMB Control Number 2060-0308, Renewal Pending;
     DSE0700: Designate & Track Entity Compliance Calculation 
Report, OMB Control Number 2060-0308, Renewal Pending;
     DSF0900: Motor Vehicle Diesel Fuel Sulfur Pre-Compliance 
Report, OMB Control Number 2060-0308, Renewal Pending; and
     DSF0951: NRLM Diesel Fuel Sulfur Pre-Compliance Report, 
OMB Control Number 2060-0308, Renewal Pending.
    Forms and instructions may be viewed on EPA's ``Diesel Fuel 
Reporting Forms'' Web page at the following URL: http://www.epa.gov/otaq/fuels/reporting/diesel.htm. The spreadsheet templates for Diesel 
Sulfur & Solvent Yellow 124 Test Facility Qualification are not 
affected by this notice. These forms are only used by fuel testing 
facilities in order to qualify use of test methods which determine 
sulfur content and the presence of a marker.
    For parties who are subject to the renewable fuel standard (RFS2) 
regulations of Subpart M, the following reports must be submitted via 
CDX, starting with reports submitted or due on or after August 31, 
2012. The report forms currently in use as of the date of July 3, 2012 
are listed with their OMB approval numbers and current expiration 
dates:
     RFS0103: RFS2 Q1 2012 Activity Report, OMB Control Number 
2060-0640, Expiring July 31, 2013.
     RFS0104: RFS2 Activity Report, OMB Control Number 2060-
0640, Expiring July 31, 2013.
     RFS0201: RFS1 RIN Transaction Report, OMB Control Number 
2060-0640, Expiring July 31, 2013.
     RFS0302: RFS2 2011 Annual Compliance Report, OMB Control 
Number 2060-0640, Expiring July 31, 2013.
     RFS0601: RFS2 Renewable Fuel Producer Supplemental Report, 
OMB Control Number 2060-0640, Expiring July 31, 2013.
     RFS0701: RFS2 Renewable Fuel Producer Co-products Report, 
OMB Control Number 2060-0640, Expiring July 31, 2013.
     RFS0801: RFS2 Renewable Biomass Report, OMB Control Number 
2060-0640, Expiring July 31, 2013.
     RFS0901: RFS2 Production Outlook Report, OMB Control 
Number 2060-0640, Expiring July 13, 2013.

Prior year versions of these forms are on our Web page for the purpose 
of resubmissions. These include the RFS0101--RFS2 2011Activity Report, 
RFSA101--RFS 2011 Activity Report, RFS0102--RFS2 2011 Activity Report, 
RFS0301--RFS 2010 Annual Compliance Report, RFS0700--RFS2 Renewable 
Fuel Producer Co-Products Report, RFS 0800--RFS2 Renewable Biomass 
Report, and RFS0900--RFS2 Production Outlook Report. In addition, 
several RFS1 reports are provided at our Web page for resubmission 
purposes. These include the RFS0100--RFS Activity Report, RFS0200--RIN 
Transaction Report, RFS0300--RFS Obligated Party Annual Compliance 
Report, and RFS0400--RFS RIN Generation Report. As of August 31, 2012, 
any resubmission of these reports must use CDX.
    Forms and instructions may be viewed on EPA's ``Renewable Fuel 
Standard Reporting Forms'' Web page at the following URL: http://www.epa.gov/otaq/fuels/reporting/rfs.htm.
    For parties subject to the Mandatory Reporting of Greenhouse Gases 
Rule of 40 CFR part 98, subparts LL (suppliers of coal-based liquid 
fuels) and/or MM (suppliers of petroleum products), reports must be 
submitted via CDX, starting with reports submitted or due on or after 
August 31, 2012. The report forms currently in use as of the date of 
July 3, 2012 are listed with their OMB approval numbers and current 
expiration dates:
     GHG0101: GHG Report--Products by Measurement Method, OMB 
Control No. 2060-0629, Expiring November 30, 2012; OMB Control No. 
2025-0003, Expiring April 30, 2015
     GHG0201: GHG Report--Aggregate Petroleum Products, Natural 
Gas Liquids and Coal-to-Liquid Products, OMB Control No. 2060-0629, 
Expiring November 30, 2012; OMB Control No. 2025-0003, Expiring April 
30, 2015
     GHG0301: GHG Report--Total CO2, OMB Control No. 
2060-0629, Expiring November 30, 2012; OMB Control No. 2025-0003, 
Expiring April 30, 2015
     GHG0401: GHG Report--Blended Products that Do Not Contain 
Biomass, OMB Control No. 2060-0629, Expiring November 30, 2012; OMB 
Control No. 2025-0003, Expiring April 30, 2015
     GHG0501: GHG Report--Crude Oil Received, OMB Control No. 
2060-0629, Expiring November 30, 2012; OMB Control No. 2025-0003, 
Expiring April 30, 2015
     GHG0601: GHG Report--NAICS Codes and Parent Company 
Information,

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OMB Control No. 2060-0629, Expiring November 30, 2012; OMB Control No. 
2025-0003, Expiring April 30, 2015
    Prior year versions of these forms are included on our Web page for 
the purpose of resubmissions. These include the GHG0100: GHG Report--
Products by Measurement Method, GHG0200: GHG Report--Aggregate 
Petroleum Products, Natural Gas Liquids and Coal-to-Liquid Products, 
GHG0300: GHG Report--Total CO2, GHG0400: GHG Report--Blended 
Products that Do Not Contain Biomass, GHG0500: GHG Report--Crude Oil 
Received, and GHG0600: GHG Report--NAICS Codes and Parent Company 
Information. As of August 31, 2012, any resubmission of these forms 
must use CDX.
    Forms and instructions may be viewed on EPA's ``Greenhouse Gas 
Reporting Program Reporting Forms and Instructions'' Web page at the 
following URL: http://www.epa.gov/otaq/fuels/reporting/ghg-llmmreporting.htm.

IV. Useful References

    The following Web pages provide information about CDX and provide 
information, instructions, and tutorials to assist parties in 
submitting reports to EPA:
     General Information about the EPA Central Data Exchange 
(CDX)--https://www.epa.gov/cdx/
     Submitting Reports--Central Data Exchange--http://www.epa.gov/otaq/fuels/reporting/cdx.htm
     Office of Transportation and Air Quality (OTAQ)--DCFUEL 
Registration Quick Start Guide (PDF)--http://www.epa.gov/otaq/regs/fuels/420b11028b.pdf
     Office of Transportation and Air Quality (OTAQ) DCFUEL 
User Guide (PDF)--http://www.epa.gov/otaq/regs/fuels/420b11027b.pdf
     Office of Transportation and Air Quality (OTAQ) DCFUEL 
Submission Quick Start Guide (PDF)--http://www.epa.gov/otaq/regs/fuels/420b11029.pdf
     DCFUEL On-Line Reporting Tutorial--http://www.epa.gov/otaq/fuels/reporting/dcfuelstutorial/dcfuels.htm

List of Subjects

    Environmental protection; Administrative practice and procedure; 
Air pollution control; Confidential business information; Diesel fuel; 
Fuel additives; Gasoline; Imports; Motor vehicle pollution; Reporting 
and recordkeeping requirements.

    Dated: July 11, 2012.
Byron J. Bunker,
Acting Director, Compliance Division, Office of Transportation and Air 
Quality.
[FR Doc. 2012-18377 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P