[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.
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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
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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