[Federal Register Volume 70, Number 133 (Wednesday, July 13, 2005)]
[Notices]
[Pages 40327-40329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13775]


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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2005-0135 FRL-7937-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Recordkeeping and Reporting for the Performance-Based 
Qualification of Test Methods for Diesel Fuel, EPA ICR Number 2180.02, 
OMB Control Number 2060-0566

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

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proposed Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing, 
approved ``emergency'' collection. This ICR is scheduled to expire on 
September 30, 2005. 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 September 12, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2005-
0135, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, Air and Radiation Docket (6102T), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Anne Pastorkovich, Attorney/Advisor, 
Environmental Protection Agency, Transportation & Regional Programs 
Division (6406J), 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
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-2005-0135, which is available for public 
viewing at the 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 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 (with SIC Code/2002 NAICS 
Code) affected by this action are as follows: Refiners (2911/324110), 
importers (5172/424720), and laboratories (8734/541380).
    Title: Recordkeeping and Reporting for the Performance-Based 
Qualification of Test Methods for Diesel Fuel
    Abstract: With this information collection request (ICR), the 
Office of Air and Radiation (OAR) is seeking permission to continue to 
collect applications from refiners, importers, and independent 
laboratories in order to permit them to use performance-based test 
methods for measuring sulfur in diesel fuel and detecting the presence 
of a marker in diesel sold as heating oil. An emergency ICR is in 
effect through September 2005.
    In the past, we would set up a designated test method for measuring 
compliance with various fuel parameters. Typically, this test method 
was an American Society for Testing and Materials (ASTM) procedure that 
our laboratory used. Regulated parties would have to use the same 
method. In certain circumstances, alternative test methods were named. 
If a regulated party used an alternative test method, all results would 
have to be correlated to the designated test method. Simply put, the 
party would have to develop and apply a correlation equation to all its 
results to bring them in line with the designated test method.
    The recent regulations for diesel fuel incorporated a performance-
based test method approach. See ``Air Pollution Control; New Motor 
Vehicles and Engines: Nonroad Diesel Engines and Fuel; Emissions 
Standards,'' 69 FR 38957 (June 29, 2004). This approach sets up 
accuracy and precision criteria, but permits regulated parties to 
qualify their laboratories to use their own test methods. Industry 
supports this approach and welcomes it as a first step to a more 
comprehensive performance-based approach to test method issues.
    In order to be qualified to use a test method, a refiner's or 
importer's laboratory or an independent laboratory will have to submit 
certain information to us. Unfortunately, these reporting provisions 
were not included in the information collection request for that final 
rule. The first day by which regulated parties may comply was December 
27, 2004 and many were waiting to submit applications, so we submitted 
an emergency ICR request to OMB to permit us to accept applications 
until September 2005. This supporting statement has been prepared to 
support our ``regular'' ICR request, to take us beyond the emergency 
clearance's expiration date.
    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: We estimate the total annual respondent burden 
associated with this proposed collection to be 46,500 hours and 
$3,023,000 (of which $0 is capital and maintenance cost or ``O&M.'') It 
is assumed that there will be 225 respondents, averaging one response 
each, and averaging 180 hours per response. We estimate an annual cost 
burden to the Agency of 659 hours and $44,500. For a more detailed 
explanation of our assumptions and estimates, please refer to the draft 
supporting statement in the docket.

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    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: July 6, 2005.
Jeffrey R. Holmstead,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 05-13775 Filed 7-12-05; 8:45 am]
BILLING CODE 6560-50-P