Regulation of Fuels and Fuel Additives: Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel and Gasoline Benzene Technical Amendment, 26165-26166 [2010-10909]

Download as PDF Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules is under review by the Under Secretary. The director will provide the individual who made the request written notice of the Under Secretary’s decision. (Authority: 38 U.S.C. 501) [FR Doc. 2010–11170 Filed 5–10–10; 8:45 am] BILLING CODE 8320–01–P 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. 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 nonsmall 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: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • 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: Dong.Jaimee@epa.gov. SUPPLEMENTARY INFORMATION: 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 nonsmall 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. 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 II. Does this action apply to me? NAICS Codes a wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 Category Industry ................................................................................ Industry ................................................................................ Industry ................................................................................ a North 26165 324110 422710 484220 SIC Codes b 2911 5171 4212 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: Examples of potentially regulated entities Petroleum Refiners. Diesel Fuel Marketers and Distributors. Diesel Fuel Carriers. American Industry Classification System (NAICS). Industrial Classification (SIC) system code. b Standard 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 VerDate Mar<15>2010 14:19 May 10, 2010 Jkt 220001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 a particular entity, consult the person in the preceding FOR FURTHER INFORMATION CONTACT section. E:\FR\FM\11MYP1.SGM 11MYP1 26166 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 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 VerDate Mar<15>2010 14:19 May 10, 2010 Jkt 220001 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 nonsmall 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 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2009–0654; FRL–9146–7] National Oil and Hazardous Substance Pollution Contingency Plan National Priorities List AGENCY: Environmental Protection Agency. ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA) Region 2 is issuing a Notice of Intent to Delete the Asbestos Dump Superfund Site (Site) located in Meyersville, New Jersey, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of New Jersey, through the New Jersey Department of Environmental Protection (NJDEP), have determined that all appropriate response actions under CERCLA, other than operation, maintenance, and fiveyear reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments must be received by June 10, 2010. ADDRESSES: Submit your comments, identified by Docket ID no. EPA–HQ– SFUND–2009–0654, by one of the following methods: • https://www.regulations.gov. Follow on-line instructions for submitting comments. • E-mail: hwilka.theresa@epa.gov: Theresa Hwilka, Remedial Project Manager seppi.pat@epa.gov: Pat Seppi, Community Involvement Coordinator. • Fax: 212–637–4429. • Mail: Theresa Hwilka, Remedial Project Manager, U.S. Environmental Protection Agency, Region II, Emergency & Remedial Response Division, 290 Broadway, 19th Floor, New York, NY 10007; Or Pat Seppi, Community Involvement Coordinator, U.S. Environmental Protection Agency, Region II, Public Affairs Division, 290 Broadway, 26th Floor, New York, NY 10007. • Hand delivery: U.S. Environmental Protection Agency, Region II, E:\FR\FM\11MYP1.SGM 11MYP1

Agencies

[Federal Register Volume 75, Number 90 (Tuesday, May 11, 2010)]
[Proposed Rules]
[Pages 26165-26166]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     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: 
Dong.Jaimee@epa.gov.

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Category                     NAICS Codes \a\    SIC Codes \b\                 Examples of potentially regulated entities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Industry.....................................            324110              2911  Petroleum Refiners.
Industry.....................................            422710              5171  Diesel Fuel Marketers and Distributors.
Industry.....................................            484220              4212  Diesel Fuel Carriers.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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
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