[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Proposed Rules]
[Pages 40949-40951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13782]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-7937-2]
RIN 2060-AN19
Control of Emissions of Air Pollution From Diesel Fuel
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to correct, amend, and revise certain
provisions of the Highway Diesel Rule adopted on January 18, 2001 (66
FR 5002), and the Nonroad Diesel Rule on June 29, 2004 (69 FR 38958).
First, it proposes minor corrections to clarify the regulations
governing compliance with the diesel fuel standards. These minor
corrections focus primarily on the Nonroad Rule, however, some may
affect provisions contained in the Highway Rule that were overlooked at
the time the Nonroad Rule was finalized. Second, it proposes amending
the designate and track provisions to account for companies within the
fuel distribution system that perform more than one function related to
fuel production and/or distribution. This would alleviate the problem
of inaccurate volume balances due to a company performing multiple
functions. Finally, with respect to the generation of fuel credits, it
proposes revising the regulatory text to allow refiners better access
to early highway diesel fuel credits. The intention of this amendment
is to help ensure a smooth transition to ultra low-sulfur diesel fuel
nationwide.
We are publishing in the ``Rules and Regulations'' section of
today's Federal Register a direct final rule that will correct several
typographical errors, modify the designate and track regulations to
account for companies that perform more than one function, and provide
increased incentive for early compliance with the ultra low-sulfur
diesel fuel requirements without further EPA action unless we receive
adverse comment. We have explained our reasons for today's action in
detail in the preamble to the direct final rule. If we receive adverse
comment, we will withdraw the direct final rule prior to its effective
date, and will address all public comments in a subsequent final rule
based on this proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time.
DATES: Written comments must be received by August 15, 2005. As
explained in section II of the direct final rule, we do not expect to
hold a public hearing, however, requests for a public hearing must be
received by August 1, 2005. If we receive a request for a public
hearing, we will publish information related to the timing and location
of the hearing and the timing of a new deadline for public comments.
ADDRESSES: Comments: All comments and materials relevant to this action
should be submitted to Public Docket No. OAR-2005-0134 by the date
indicated under DATES above. Materials relevant to this rulemaking are
in Public Docket at the following address: EPA Docket Center (EPA/DC),
Public Reading Room, Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC. The EPA Docket Center Public Reading Room
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, except on
government holidays. You can reach the Air Docket by telephone at (202)
566-1742 and by facsimile at (202) 566-1741. You may be charged a
reasonable fee for photocopying docket materials, as provided in 40 CFR
part 2.
FOR FURTHER INFORMATION CONTACT: Tia Sutton, U.S. EPA, National Vehicle
and Fuels Emission Laboratory, Assessment and Standards Division, 2000
Traverwood, Ann Arbor, MI 48105; telephone (734) 214-4018, fax (734)
214-4816, e-mail [email protected] or Emily Green, see address above;
telephone (734) 214-4639, fax (734) 214-4816, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
This action will affect companies and persons that produce, import,
distribute, or sell highway and/or nonroad diesel fuel. Affected
Categories and entities include the following:
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NAICS Examples of potentially
Category code a affected entities
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Industry............................. 324110 Petroleum refiners.
Industry............................. 422710 Diesel fuel marketers
and distributors.
Industry............................. 484220 Diesel fuel carriers.
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a North American Industry Classification System (NAICS)
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be affected by this action. To
determine whether particular activities may be affected by this action,
you should carefully examine the regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of This Document and Send Comments?
See the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register for information about
accessing these documents. The direct final rule also includes detailed
instructions for sending comments to EPA.
II. Summary of Rule
On January 18, 2004, we published the final Highway Rule (66 FR
5002) which is a comprehensive national program to greatly reduce
emissions from diesel engines by integrating engine and fuel controls
as a system to gain the greatest air quality benefits. Subsequently, we
adopted the Nonroad Rule (69 FR 38958) on June 29, 2004 to amend the
Highway Rule to include Nonroad equipment and fuel to further the goal
of decreasing harmful emissions. After promulgation of these rules, we
discovered several typographical errors and it also became evident that
several additions or deletions were necessary to clarify portions of
the regulations. This rule would correct those errors and serve to
clarify the regulations to facilitate compliance.
Along with these minor clarifications, this rule would modify the
text of the designate and track provisions to include provisions for
companies that perform more than one function in the fuel system. For
example, as these provisions are currently written, fuel
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distributers are only required to report on the volumes of fuel
received and delivered. If the same company also produces fuel
internally (acts as a refiner or importer), its receipts and deliveries
reported will not balance. This rule would allow such companies to
balance their volume reports in compliance with the designate and track
regulations.
Finally, this rule would revise the regulatory text of the Nonroad
Rule to allow refiners greater access to early fuel credits. The
purpose of this change is to ensure a smooth transition to ultra low-
sulfur diesel fuel nationwide. For additional discussion of these
changes, see the direct final rule EPA has published in the ``Rules and
Regulations'' section of today's Federal Register. This proposal
incorporates by reference all the reasoning, explanation, and
regulatory text from the direct final rule.
Because EPA views the provisions of the action as noncontroversial
and does not expect adverse comment, we are publishing a direct final
rule in the ``Rules and Regulations'' section of today's Federal
Register. However, we are publishing this notice of proposed rulemaking
to serve as the proposal to adopt the provisions in the direct final
rule if adverse comments are filed. If we receive adverse comment on
one or more distinct amendment, paragraphs, or sections of the direct
final rulemaking, or receive a request for a hearing within the time
frame described above, we will publish a timely withdrawal of the
proposed direct final rule in the Federal Register indicating which
provisions will become effective and which provisions are being
withdrawn due to adverse comment. We will address all public comments
received in a subsequent final rule based on this proposed rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Any distinct
amendment, paragraph, or section of the direct final rulemaking for
which we do not receive adverse comment will become effective according
to the DATES section in the direct final rule, notwithstanding any
adverse comment on any other distinct amendment, paragraph, or section
of the rule.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Because this rule would merely correct several typographical
errors, modify the designate and track regulations to account for
companies that perform more than one function, and provide increased
incentive for early compliance with the ultra low-sulfur diesel fuel
requirements, it would not be a significant regulatory action and is
not subject to the requirements fo Executive Order 12866. There would
be no new costs associated with this rule. A Final Regulatory Support
Document was prepared in connection with the original regulations for
the Highway Rule and Nonroad Rule as promulgated on January 18, 2001,
and June 29, 2004, respectively, and we have no reason to believe that
our analyses in the original rulemakings were inadequate. The relevant
analyses are available in the docket for the January 18, 2001
rulemaking (A-99-061) and the June 29, 2004, rulemaking (OAR-2003-0012
and A-2001-28) \1\ and at the following internet address: http://www.epa.gov/cleandiesel. The original action was submitted to the
Office of Management and Budget for review under Executive Order 12866.
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\1\ During the course of the Nonroad Rule, the Agency converted
from the legacy docket system to the current electronic docket
system (EDOCKET).
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B. Paperwork Reduction Act
This action does not impose any new information collection burden,
as it merely corrects several typographical errors, modifies the
designate and track regulations to account for companies that perform
more than one function, and provides increased incentive for early
compliance with the ultra low-sulfur diesel fuel requirements. However,
the Office of Management and Budget (OMB) has previously approved the
information collection requirements for the original Highway Rule (66
FR 5002, January 18, 2001) and the Nonroad Rule (69 FR 38958, June 29,
2004) and has assigned OMB control number 2060-0308 (EPA ICR
1718). A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Avenue, NW., Washington, DC 20460 or by calling (202) 566-
1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of this rule on small
entities, a small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) size standards at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, we certify that this action would not have a
significant economic impact on a substantial number of small entities.
This proposed rule would not impose any new requirements on small
entities. This rule would merely correct several typographical errors,
modify the designate and track regulations to account for companies
that perform more than one function, and provide increased incentive
for early compliance with the ultra low-sulfur diesel fuel
requirements. We continue to be interested in the potential impacts of
the proposed rule on small entities and welcome comments on issues
related to such impacts.
D. Unfunded Mandates Reform Act
This rule would contain no federal mandates for state, local, or
tribal governments as defined by the provisions of Title II of the
UMRA. The
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rule would impose no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. EPA has determined that this rule would contain no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. This rule would
merely correct several typographical errors, modify the designate and
track regulations to account for companies that perform more than one
function, and provide increased incentive for early compliance with the
ultra low-sulfur diesel fuel requirements. The requirements of UMRA
therefore would not apply to this action. See the direct final rule EPA
has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of UMRA policy.
E. Executive Order 13132: Federalism
This rule would not have federalism implications. It would not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This rule would merely correct
several typographical errors, modify the designate and track
regulations to account for companies that perform more than one
function, and provide increased incentive for early compliance with the
ultra low-sulfur diesel fuel requirements. Although Section 6 of
Executive Order 13132 did not apply to the Highway Rule (66 FR 5002) or
the Nonroad Rule (69 FR 38958), EPA did consult with representatives of
various State and local governments in developing these rules. EPA has
also consulted representatives from STAPPA/ALAPCO, which represents
state and local air pollution officials. See the direct final rule EPA
has published in the ``Rules and Regulations'' section of today's
Federal Register for a more extensive discussion of Executive Order
13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This rule would not have tribal implications. It would not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This rule would not uniquely affect the communities of Indian Tribal
Governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This rule would merely
correct several typographical errors, modify the designate and track
regulations to account for companies that perform more than one
function, and provide increased incentive for early compliance with the
ultra low-sulfur diesel fuel requirements. Thus, Executive Order 13175
would not apply to this rule. See the direct final rule EPA has
published in the ``Rules and Regulations'' section of today's Federal
Register for a more extensive discussion of Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to the Executive Order because it would
not be economically significant, and would not involve decisions on
environmental health or safety risks that may disproportionately affect
children. See the direct final rule EPA has published in the ``Rules
and Regulations'' section of today's Federal Register for a more
extensive discussion of Executive Order 13045.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule would not be a ``significant energy action'' as defined
in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it would not likely to have a significant
adverse effect on the supply, distribution or use of energy. This rule
would merely correct several typographical errors, modify the designate
and track regulations to account for companies that perform more than
one function, and provide increased incentive for early compliance with
the ultra low-sulfur diesel fuel requirements.
I. National Technology Transfer and Advancement Act
This rule would not involve technical standards. It would merely
correct several typographical errors, modify the designate and track
regulations to account for companies that perform more than one
function, and provide increased incentive for early compliance with the
ultra low-sulfur diesel fuel requirements. Thus, we have determined
that the requirements of the NTTAA would not apply. See the direct
final rule EPA has published in the ``Rules and Regulations'' section
of today's Federal Register for a more extensive discussion of NTTAA
policy.
IV. Statutory Provisions and Legal Requirements
The statutory authority for this action comes from sections 211(c)
and (i) of the Clean Air Act as amended 42 U.S.C. 7545(c) and (i). This
action is a rulemaking subject to the provisions of Clean Air Act
section 307(d). See 42 U.S.C. 7606(d)(1). Additional support for the
procedural and enforcement related aspects of the rule comes from
sections 144(a) and 301(a) of the Clean Air Act. 42 U.S.C. 7414(a) and
7601(a).
List of Subjects in 40 CFR Part 80
Fuel additives, Gasoline, Imports, Labeling, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.
Dated: July 6, 2005.
Stephen L. Johnson,
Administrator.
[FR Doc. 05-13782 Filed 7-14-05; 8:45 am]
BILLING CODE 6560-50-P