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
[Federal Register: October 20, 2003 (Volume 68, Number 202)]
[Notices]
[Page 59934-59935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc03-44]
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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
a-and-r-docket@epa.gov, 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: bennett.marilyn@epa.gov.
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