[Federal Register Volume 68, Number 202 (Monday, October 20, 2003)]
[Notices]
[Pages 59934-59935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26410]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2003-0171, FRL-7576-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Recordkeeping and Reporting Requirements Regarding the 
Sulfur Content of Motor Vehicle Gasoline Under the Tier 2 Rule, EPA ICR 
Number 1907.02, OMB Control Number 20 2060-0437

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request for renewal of an 
existing approved collection. This ICR is scheduled to expire on 1/31/
04. 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 December 19, 2003.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2003-
0171, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, Office of Air and Radiation Docket, Mail Code 6102T, 
1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Marilyn Bennett, Office of 
Transportation and Air Quality, Mail Code 6406J, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-8989; fax number: (202) 565-2085; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OAR-2003-0171, which is available for public 
viewing at the Office of Air and Radiation Docket in the EPA Docket 
Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 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, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Office of Air and Radiation Docket is 
(202) 566-1742. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to obtain a copy of the draft collection of information, submit 
or view public comments, access the index listing of the contents of 
the public docket, and to access those documents in the public docket 
that are available electronically. Once in the system, select 
``search,'' then key in the docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
those who manufacture, import, distribute and sell gasoline.
    Title: Recordkeeping and Reporting Requirements Regarding the 
Sulfur Content of Motor Vehicle Gasoline Under the Tier 2 Rule.
    Abstract: The requirements covered under this ICR are included in 
the final Tier 2 rule, published on the February 10, 2000 (65 FR 6698). 
A minor additional ICR requirement was added to the Tier 2 rule on June 
12, 2002 (67 FR 40169).
    The scope of the recordkeeping and reporting requirements for each 
type of party (e.g., refiners, importers, distributors, or retailers of 
gasoline), and therefore the cost to that party, reflects the party's 
opportunity to create, control or alter the sulfur content of gasoline. 
As a result, refiners and importers have significant requirements, 
which are necessary both for their own tracking and that of downstream 
parties, and for EPA enforcement, while parties downstream from the 
gasoline production or import point, such as retailers, have minimal 
burdens under the rule. Many of the reporting and recordkeeping 
requirements for refiners and importers regarding the sulfur content of 
gasoline on which the Tier 2 sulfur program relies currently exist 
under EPA's reformulated gasoline (RFG) and conventional gasoline (CG) 
anti-dumping programs. The ICR for the RFG/CG programs covered the 
majority of the start-up costs associated with the reporting of 
gasoline sulfur content. Consequently, much of the cost associated with 
the sulfur-control requirements under the sulfur program has already 
been accounted for under the ICR for the RFG/CG programs.
    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 the gasoline sulfur 
control requirements under the Tier 2 rule. This oversight by EPA is 
necessary to ensure attainment of the air quality goals of the Tier 2 
program. Proprietary information will be submitted by refiners and 
importers for demonstrating compliance with the sulfur standards, and 
for establishing baseline sulfur levels under the credit trading and 
hardship programs associated with the rule. Confidentiality is handled 
in accordance with the Freedom of Information Act and EPA regulations 
at 40 CFR part 2. An agency

[[Page 59935]]

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 listed in 
40 CFR part 9.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed 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: For the early years of the Tier 2 gasoline sulfur 
program (to December 31, 2003), EPA estimated a total of 192,063 
responses, a total annual burden of 12,532 hours, and a total annual 
cost of $325,702 to industry. This estimate includes the initial burden 
associated with learning and adapting to the new requirements. Most of 
the burdens associated with the early years of the program relate to 
applications for various hardship provisions and the generation of 
early credits, which will not be applicable after 2004.
    The standards for gasoline sulfur become effective beginning 
January 1, 2004. Compliance with these standards requires some 
additional testing and reporting beyond that required under the RFG/CG 
programs. The most significant increase in the testing and reporting 
burden is due to the requirement that refiners and importers test and 
report every batch of gasoline for compliance with the sulfur 
standards. Currently, all refiners and importers of RFG are required to 
test and report every batch of RFG; however, refiners and importers of 
conventional gasoline currently are allowed to composite samples for 
purposes of demonstrating compliance with the CG anti-dumping 
regulations. EPA estimates that the annual burden on refiners 
associated with this every batch testing/reporting requirement will be 
about one hour per response per refiner, and 400 responses per year per 
refiner. There are about 75 refiners that will be affected by this 
requirement. For importers, the burden will be one hour per response 
per importer, and 27 responses per year per importer. About 30 
importers will be affected by this requirement. The cost associated 
with this burden for refiners will depend on whether the refiner uses 
its own testing equipment or uses an independent laboratory. Most 
importers will use an independent laboratory. The estimated annual cost 
is $24,800 for refiners that use their own equipment and $29,600 for 
refiners that use an independent laboratory. The estimated annual cost 
for importers is $1,998. There are some additional modest burdens and 
costs for refiners and importers associated with this rule. Some of 
these burdens are related to additional information regarding sulfur 
content required on annual reports currently being submitted to EPA 
under the RFG/CG programs. Several of the additional burdens are 
related to various hardship or other flexibility provisions provided in 
the rule. There are also some modest burdens on terminals and pipelines 
associated with this rule due to additional Q/A testing requirements. 
Beginning in 2004, EPA estimates there will be a total of about 2,536 
annual responses, a total annual average burden of 38,742 hours, and a 
total annual cost of $2,405,355 to industry. There are no capital and 
start-up costs or operation and maintenance costs associated with this 
rule. 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.

    Dated: October 14, 2003.
David J. Kortum,
Acting Director, Transportation and Regional Programs Division.
[FR Doc. 03-26410 Filed 10-17-03; 8:45 am]
BILLING CODE 6560-50-P