[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Pages 28461-28462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12892]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6983-4]


Agency Information Collection Activities: New Collection; Comment 
Request; Recordkeeping and Reporting Requirements for the Fuel Quality 
Regulations for Diesel Fuel Sold in 2001 and Later Years

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following new Information Collection Request (ICR) to the Office of 
Management and Budget (OMB): Recordkeeping and Reporting Requirements 
for the Fuel Quality Regulations for Diesel Fuel Sold in 2001 and Later 
Years. Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before July 23, 2001.

ADDRESSES: Transportation and Regional Programs Division, Office of

[[Page 28462]]

Transportation and Air Quality, Office of Air and Radiation, Mail Code 
6406J, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, 
NW., Washington, DC 20460. A paper or electronic copy of the draft ICR 
may be obtained without charge by contacting the person listed below.

FOR FURTHER INFORMATION CONTACT: Anne-Marie Pastorkovich, (202) 564-
8987, fax: (202) 565-2085, [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
refiners, importers, pipelines, petroleum marketers and other 
distributors, terminals, fuel oil dealers, fuel additive manufacturers, 
retailers and wholesale purchaser-consumers.
    Title: Recordkeeping and Reporting Requirements for the Fuel 
Quality Regulations for Diesel Fuel Sold in 2001 and Later Years.
    Abstract: The pollution emitted by diesel engines contributes 
greatly to our nation's continuing air quality problems. On January 18, 
2001, EPA published a final rule that establishes standards for heavy-
duty engines and vehicles and for highway diesel sulfur control. New 
emissions standards for these engines and vehicles will apply starting 
with model year 2007. Since the new technology developed requires low 
sulfur diesel fuel [15 parts per million (ppm) sulfur or less], the 
regulations require the availability of this fuel starting by no later 
than 2006, with all highway diesel fuel required to meet the 15 ppm 
standard by 2010. See ``Control of Air Pollution from New Motor 
Vehicles: Heavy-Duty Engine and Vehicle Standards and Highway Diesel 
Fuel Sulfur Control Requirements,'' 66 FR 5002 (January 18, 2001).
    The diesel sulfur rule contains many types of flexibility aimed at 
reducing burdens on small businesses and those faced with particular 
hardships. All refiners producing highway diesel fuel and all importers 
are able to take advantage of the temporary compliance option offered 
in the final regulations at 40 CFR 80.530. This option would generally 
permit the refiner or importer to continue to produce or import fuel 
meeting a 500 ppm sulfur standard until May 31, 2010 through the use of 
marketable credits.
    Diesel producers who market gasoline in the geographic phase-in 
area defined in the gasoline sulfur regulations may receive additional 
flexibility under this diesel fuel program (see 40 CFR 80.217 and 
80.540). Refiners that seek and are granted small refiner status may 
have their choice of three options:
     500 ppm option. A small refiner may continue to produce 
and sell diesel fuel meeting the 500 ppm sulfur standard for four 
additional years, i.e., until June 1, 2010, provided that it reasonably 
ensures the existence of sufficient volumes of 15 ppm fuel in the 
marketing area(s) that it serves.
     Small refiner credit option. A small refiner that chooses 
to produce 15 ppm fuel prior to June 1, 2010 may generate and sell 
credits under the broader temporary compliance option. Since a small 
refiner has no requirement to produce 15 ppm fuel under this option, 
any fuel it produced at or below 15 ppm sulfur would qualify for 
generating credits.
     Diesel/gasoline compliance date option. For small refiners 
that are also subject to the gasoline sulfur program (see 40 CFR 
subpart H), the refiner may choose to extend the duration of its 
applicable interim gasoline standards by three years, provided that it 
produces all of its highway diesel fuel at 15 ppm sulfur beginning on 
June 1, 2006.
    In addition, exemptions are possible for research and development 
purposes. The specific recordkeeping and reporting requirements for 
this program, and associated flexibilities, are discussed below. For a 
more detailed description of the diesel program, please refer to the 
January 18, 2001 Federal Register notice.
    This Information Collection Request (ICR) would make ICR additions 
to the existing fuels regulations applicable to diesel fuel under ICR 
number 1718.02, which expires July 31, 2001. (ICR number 1718.03 has 
been reserved for its renewal.) The additional requirements covered 
under this ICR were included in the final rule published in the Federal 
Register on January 18, 2001.
    The information under this ICR 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 diesel sulfur control 
requirements under the diesel rule. This oversight by EPA is necessary 
to ensure attainment of the air quality goals of the diesel program. 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 
are listed in 40 CFR part 9 and 48 CFR Chapter 15.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: It is estimated that there will be 48,690 
reports, 72,648 burden hours, and total costs (labor, overhead and 
maintenance, purchased services, and annualized capital costs) of 
$9,208,880. This figure includes the initial burden associated with 
learning and adapting to the new requirements. A large portion of this 
burden relates to labor hours needed for start-up programming needs 
(e.g. establishment of new product codes and adapting company databases 
to account for credits and in order to generate information in a format 
for annual reports).

    Dated: May 8, 2001.
Deborah K. Wood,
Acting Director, Transportation and Regional Programs Division.
[FR Doc. 01-12892 Filed 5-22-01; 8:45 am]
BILLING CODE 6560-50-P