[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Proposed Rules]
[Pages 26165-26166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10909]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2007-1158; FRL-9147-5]
RIN 2060-AO71
Regulation of Fuels and Fuel Additives: Alternative Affirmative
Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene
Technical Amendment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
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SUMMARY: EPA is issuing a proposed rule to amend the diesel sulfur
regulations to allow refiners, importers, distributors, and retailers
of highway diesel fuel the option to use an alternative affirmative
defense if the Agency finds highway diesel fuel samples above the
specified sulfur standard at retail facilities. This rule also proposes
to amend the gasoline benzene regulations to allow disqualified small
refiners the same opportunity to generate gasoline benzene credits as
that afforded to non-small refiners.
DATES: Comments: Comments must be received on or before June 10, 2010.
Under the Paperwork Reduction Act, comments on the information
collection provisions must be received by OMB on or before June 10,
2010.
Hearings: If EPA receives a request from a person wishing to speak
at a public hearing by May 26, 2010 , a public hearing will be held at
a time and location to be announced in a subsequent Federal Register
notice. To request to speak at a public hearing, send a request to the
contact in FOR FURTHER INFORMATION CONTACT.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-1158, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-9744
Mail: Air and Radiation Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Hand Delivery: EPA Docket Center, Room 3334, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Air
Docket ID No. EPA-HQ-OAR-2007-1158. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Comments should be submitted according to the detailed instructions
in the ADDRESSES section of the corresponding Direct Final Rule located
in the ``Rules'' section of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Compliance and Innovative
Strategies Division, Office of Transportation and Air Quality, Office
of Air and Radiation, Environmental Protection Agency, Mail Code 6405J,
1200 Pennsylvania Avenue, Washington, DC 20460; telephone number: (202)
343-9672; fax number: (202) 343-2800; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Why is EPA issuing this proposed rule?
EPA is issuing a proposed rule to amend the diesel sulfur
regulations to allow refiners, importers, distributors, and retailers
of highway diesel fuel the option to use an alternative affirmative
defense if the Agency finds highway diesel fuel samples above the
specified sulfur standard at retail facilities. This rule also proposes
to amend the gasoline benzene regulations to allow disqualified small
refiners the same opportunity to generate gasoline benzene credits as
that afforded to non-small refiners.
We have also published a direct final rule to make these same
amendments in the ``Rules and Regulations'' section of this Federal
Register because we view this as a non-controversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If EPA receives adverse comment on a distinct
provision of this rulemaking, we will publish a timely withdrawal in
the Federal Register indicating which provisions of the direct final
rule we are withdrawing. The provisions that are not withdrawn will go
into effect on the effective date noted in the DATES section of the
direct final rule, notwithstanding adverse comment on any other
provision. We would address all public comments in any subsequent final
rule based on this proposed rule.
We do not intend to institute a second comment period on the
action. Any parties interested in commenting must do so at this time.
The regulatory text for the proposal is identical to that for the
direct final rule and is published in the ``Rules and Regulations''
section of this Federal Register.
II. Does this action apply to me?
Entities potentially affected by this action include those involved
with the production, importation, distribution, marketing, or retailing
of diesel fuel and production of gasoline. Categories and entities
affected by this action include:
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Category NAICS Codes \a\ SIC Codes \b\ Examples of potentially regulated entities
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Industry..................................... 324110 2911 Petroleum Refiners.
Industry..................................... 422710 5171 Diesel Fuel Marketers and Distributors.
Industry..................................... 484220 4212 Diesel Fuel Carriers.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action; however, other types of entities not listed in the table could
also be affected. To determine whether your entity is affected by this
action, you should examine the applicability criteria of Parts 79 and
80 of title 40 of the Code of Federal Regulations. If you have any
questions regarding applicability of this action to a particular
entity, consult the person in the preceding FOR FURTHER INFORMATION
CONTACT section.
[[Page 26166]]
III. Statutory and Executive Order Reviews
For a complete discussion of all the administrative requirements
applicable to this action, see Section IV in the direct final rule
amending the diesel sulfur regulations and gasoline benzene regulations
in the ``Rules and Regulations'' section of this Federal Register. The
following discussion is related to the information collection
requirements under the Paperwork Reduction Act.
The modifications to the diesel sulfur information collection
requirements in this rule have been submitted for approval to the
Office of Management and Budget (OMB) under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. The information collection requirements are
not enforceable until OMB approves them.
This proposed rule provides refiners, importers and distributors of
ULSD highway diesel fuel with additional flexibility to comply with the
diesel sulfur regulations. The flexibility afforded under this rule is
optional. Modest information collection requirements in the form of
reports for noncompliant diesel sulfur samples are required for those
parties who avail themselves of the flexibility provided in this rule.
The estimated hourly burden per respondent for the diesel surveys
is 16 hours. The estimated annual hourly burden is 320 hours for all
respondents (assuming 20 respondents per year). The estimated hourly
cost is $71 per hour. The total estimated cost per respondent is
$1,136. The total estimated cost for all respondents is $22,270.
The information under this rule will be collected by EPA's
Transportation and Regional Programs Division, Office of Transportation
and Air Quality, Office of Air and Radiation (OAR), and by EPA's Air
Enforcement Division, Office of Regulatory Enforcement, Office of
Enforcement and Compliance Assurance (OECA). The information collected
will be used by EPA to evaluate compliance with the requirements under
the diesel sulfur program. This oversight by EPA is necessary to ensure
attainment of the air quality goals of the diesel sulfur program.
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. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
direct final rule.
Today's rule also amends the gasoline benzene regulations to allow
disqualified small refiners the same opportunity to generate gasoline
benzene credits as that afforded to non-small refiners. The amendment
to the gasoline benzene regulations does not impose any new information
collection burden. However, the Office of Management and Budget (OMB)
has previously approved the information collection requirements
contained in the existing gasoline benzene regulations at 40 CFR part
80, subpart L, under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0277. The
OMB control numbers for EPA's regulations in 40 CFR are listed in 40
CFR part 9.
IV. Statutory Provisions and Legal Authority
Statutory authority for the fuel controls set in this proposed rule
comes from sections 211 and 301(a) of the CAA.
List of Subjects in 40 CFR Part 80
Environmental protection, Air pollution control, Fuel additives,
Diesel, Gasoline, Imports, Incorporation by reference, Labeling, Motor
vehicle pollution, Penalties, Reporting and recordkeeping requirements.
Dated: May 3, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-10909 Filed 5-10-10; 8:45 am]
BILLING CODE 6560-50-P