[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Notices]
[Pages 27919-27921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11117]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2004-0051; FRL-7662-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Recordkeeping and Reporting Requirements for Diesel 
Fuel Sold in 2001 and Later Years and for Tax-Exempt (Dyed) Diesel 
Fuel, EPA ICR Number 1718.06, OMB Control Number 2060-0308

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 to renew two existing 
and

[[Page 27920]]

related ICRs and combine them into one ICR renewal. These ICRs are 
scheduled to expire on September 30, 2004. 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 16, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2004-
0051, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Mail Code: 6102T, 
Washington, DC 20460. Instructions for using EDOCKET are contained in 
the section entitled SUPPLEMENTARY INFORMATION, below.

FOR FURTHER INFORMATION CONTACT: Anne Pastorkovich, Attorney/Advisor, 
Transportation and Regional Programs Division, Office of Transportation 
and Air Quality, telephone number: (202) 343-9623, fax number: (202) 
343-2801, e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OAR-2004-0051, which is available for public 
viewing at the Air 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 Air 
Docket is (202) 566-1741. 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 information collection, 
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 on paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, confidential business 
information (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 
refiners, importers, pipelines, petroleum marketers and other 
distributors of diesel fuel, terminal, fuel oil dealers, fuel additive 
manufacturers, and petroleum retailers and wholesale purchaser-
consumers.
    Title: Recordkeeping and Reporting Requirements for the Fuel 
Quality Regulations for Diesel Fuel Sold in 2001 and Later Years; and 
for Tax-Exempt (Dyed) Diesel Fuel.
    Abstract: This renewal includes recordkeeping and reporting under 
two existing and related ICRs that will expire on September 30, 2004. 
These are the fuel quality regulations for diesel fuel sold in 2001 and 
later years (covered by current EPA ICR No. 1718.04) and the 
recordkeeping and reporting requirements related to tax-exempt (dyed) 
diesel fuel (covered by current EPA ICR No. 1718.03). These are 
described in summary in the following paragraphs and in detail in the 
draft Supporting Statement, which has been placed in the public docket.

Summary of Recordkeeping and Reporting Related to the Fuel Quality 
Regulations for Diesel Fuel Sold in 2001 and Later Years

    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 would establish 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 will require 
low sulfur diesel fuel (15 parts per million 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 parts 
per million standard by 2010.\1\
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    \1\ 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).
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    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.
    The scope of the recordkeeping and reporting requirements for each 
type of party (and therefore the cost to that party), reflects the 
party's opportunity to create, control or alter the sulfur content of 
diesel fuel. As a result, refiners and importers will generally have 
more requirements than parties downstream from the diesel production or 
import point. Refiners and importers are required to register with EPA 
and to submit annual pre-compliance reports on June 1st of 2003, 2004, 
and 2005. Those refiners and importers who generate credits must submit 
credit-related annual reports starting in 2006 or the first year 
credits are generated (whichever is earlier). All refiners and 
importers must submit annual reports including compliance information 
for 2006 through 2010. EPA has made every effort to minimize 
registration and reporting burdens and to ensure that parties do not 
have to submit duplicate information. For example, refiners and 
importers who have already registered with EPA for compliance with 
other fuels programs are not required to re-register for this program.
    Parties are required to generate and retain product transfer 
documents, which are documents normally and customarily generated in 
the course of business. These product transfer documents typically use 
simplified, software-generated product codes. Product transfer 
documents must be retained for five years.
    Regulated parties are required to retain records of any quality 
assurance testing they may perform on diesel fuel and such records 
would be normally and customarily retained in the course of business.
    A party may apply for relief from regulatory requirements under 
extreme and unforseen circumstances (e.g. a

[[Page 27921]]

refinery fire or flood) or may apply for an exemption to conduct 
research and development activities. We expect few applications under 
these provisions. We have made every effort to ensure that the 
application process is simple and requires only necessary information 
to make a decision as to whether to grant or deny a request.

Summary of Recordkeeping and Reporting Related to the Dyeing of Tax-
Exempt Diesel Fuel

    Diesel fuel not intended for use in motor vehicles (off-road diesel 
fuel) is required to be dyed red in order to distinguish it from motor 
vehicle diesel fuel. The Internal Revenue Service requires that tax-
exempt motor vehicle diesel fuel also be dyed red. To distinguish off-
road diesel fuel from tax-exempt motor vehicle diesel fuel, parties in 
the fuel distribution system must refer to the product transfer 
document. Product transfer documents are normally and customarily 
generated in the course of business and typically use simplified, 
software generated codes. Product transfer documents must be retained 
for five years.\2\
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    \2\ See 40 CFR 80.29(c).
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    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.
    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: It is estimated that there will be 420,685 
reports, 39,575 burden hours, and total annual costs (labor, overhead 
and maintenance, and purchased services) of $7,522,375. 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. The estimated burden in explained 
in detail on pages 22-30 of the draft Supporting Statement, which has 
been placed in docket OAR-2004-0051 and which is available via the 
EDOCKET and at the address listed in the ADDRESSES section, above. 
Other helpful information, including the final Supporting Statements 
for the expiring ICR Nos. 1718.03 and 1718.04, have also been placed in 
the docket in order to assist the public in commenting on this renewal.

    Dated: May 3, 2004.
Suzanne Rudzinski,
Director, Transportation and Regional Programs Division, Office of 
Transportation and Air Quality.
[FR Doc. 04-11117 Filed 5-14-04; 8:45 am]
BILLING CODE 6560-50-P