82 FR 29550 - Proposed Information Collection Request; Comment Request; Alternative Affirmative Defense Requirements for Ultra-low Sulfur Diesel

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range		29550-29551
FR Document		2017-13655

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Alternative Affirmative Defense Requirements for Ultra-low Sulfur Diesel'' (EPA ICR No.2364.05, OMB Control No. 2060-0639 to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through May 31, 2017. 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.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)

[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29550-29551]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13655]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1158; FRL-9962-43-OAR]


Proposed Information Collection Request; Comment Request; 
Alternative Affirmative Defense Requirements for Ultra-low Sulfur 
Diesel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Alternative 
Affirmative Defense Requirements for Ultra-low Sulfur Diesel'' (EPA ICR 
No.2364.05, OMB Control No. 2060-0639 to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act (PRA). Before doing so, EPA is soliciting public comments 
on specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through May 31, 2017. 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.

DATES: Comments must be submitted on or before August 28, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1158, online using www.regulations.gov (our preferred method), or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Fuels Compliance 
Center, 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460; telephone number: 202-343-9017; fax number: 
202-565-2085; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it 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

[[Page 29551]]

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. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: With this ICR renewal, EPA is seeking permission to 
continue recordkeeping and reporting requirements under the ultra-low 
sulfur diesel (ULSD) fuel regulations. Where a violation of the 15 ppm 
sulfur standard is identified at a retail outlet, the retailer 
responsible for dispensing the noncompliant fuel is deemed liable, as 
well as the refiner(s), importer(s) and distributor(s) of such fuel. 
The highway diesel regulations further provide, however, that any 
person deemed liable can rebut this presumption by establishing an 
affirmative defense that includes, among other things, showing that it 
conducted a quality assurance sampling and testing program as 
prescribed by the regulations. This ICR covers burdens and costs 
associated with provisions that allow refiners and importers of ULSD an 
alternative means of meeting the affirmative defense requirements in 
the diesel sulfur regulations by participating in a nationwide diesel 
fuel sampling and testing program. The reporting burden covered by this 
ICR renewal relates to reports that refiners, importers and 
distributors, have to submit in the event they have a non-complying 
sulfur test result.
    Form Numbers: None.
    Respondents/affected entities: 5.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 5 (total).
    Frequency of response: On occasion.
    Total estimated burden: 80 hours (per year). Burden is defined at 5 
CFR 1320.03(b).
    Total estimated cost: $8,640 (per year), includes no annualized 
capital or operation & maintenance costs.
    Changes in Estimates: There is no increase of hours in the total 
estimated respondent burden compared to the ICR currently approved by 
OMB. The respondent universe and responses also remained the same in 
this collection. After using more accurate numbers to calculate 
industry burden and reflecting inflation, there is a change in 
respondent cost from $9,200 in the currently approved ICR to $8,640 in 
this ICR, totaling a net decrease to the industry cost burden of $560 
per year.

    Dated: May 3, 2017.
Byron J. Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality.
[FR Doc. 2017-13655 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P

29550 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

2040–0268, EPA ICR No. 2169.05; by OMB. This minor change in the total Control No. 2060–0639 to the Office of
Expiration date—07/31/2017) is primarily due to a combination of Management and Budget (OMB) for
• Cooling Water Intake Structures both burden increases and decreases in review and approval in accordance with
Existing Facilities (OMB Control No. the component ICRs. Minor changes in the Paperwork Reduction Act (PRA).
2040–0257; EPA ICR No. 2060.07 the estimated burden occurred for five Before doing so, EPA is soliciting public
Expiration date—10/31/2017) of the eight component ICRs (NPDES comments on specific aspects of the
• NPDES Electronic Reporting Rule ICR, Pesticide Applicators ICR, National proposed information collection as
(OMB Control No. 2020–0035; EPA ICR Pretreatment Program ICR, Cooling described below. This is a proposed
No. 2468.02; Expiration date—1/31/ Water Intake Structures Phase I New extension of the ICR, which is currently
2019) Facilities ICR, and the Cooling Water approved through May 31, 2017. An
Permit applications and other Intake Structures Phase III Facilities Agency may not conduct or sponsor and
respondent reports may contain ICR). Significant changes occurred for a person is not required to respond to
confidential business information. If a three of the eight component ICRs a collection of information unless it
respondent does consider this (Consolidated Animal Sectors ICR, displays a currently valid OMB control
information to be of a confidential Cooling Water Intake Structures Existing number.
nature, the respondent may request that Facility ICR, and Electronic Reporting DATES: Comments must be submitted on
such information be treated as Rule ICR). These significant changes or before August 28, 2017.
confidential. All confidential data will included: ADDRESSES: Submit your comments,
be handled in accordance with 40 CFR • A decrease of 12 percent in the referencing Docket ID No. EPA–HQ–
122.7, 40 CFR part 2, and EPA’s animal sector labor burden due to OAR–2007–1158, online using
Security Manual part III, chapter 9, revised EPA estimates based on changes www.regulations.gov (our preferred
dated August 9, 1976. in industry practice, adherence to USDA method), or by mail to: EPA Docket
Form Numbers: OMB No. 2040–0086; guidelines, and industry consolidation Center, Environmental Protection
OMB No. 2040–0250; OMB No. 2040– (OMB Control No. 2040–0250; EPA ICR Agency, Mail Code 28221T, 1200
0188, OMB No. 2040–0211; OMB No. Number 1989.09); Pennsylvania Ave. NW., Washington,
1004–0189; OMB 2040–0284; OMB No. • an increase of 140 percent in the DC 20460.
0596–0082; and OMB No. 2040–0004. cooling water intake structures existing EPA’s policy is that all comments
Respondents/affected entities: Any facilities labor burden due to the received will be included in the public
industrial point source discharger of coincidence of the period of greatest docket without change including any
pollutants, including but not limited to implementation burden with the three personal information provided, unless
publicly owned and privately owned year ICR period (OMB Control No. the comment includes profanity, threats,
treatment works (POTWs and PrOTWs), 2040–0257; EPA ICR No. 2060.07); and information claimed to be Confidential
industrial dischargers to POTWs and • a decrease of 164 percent in the Business Information (CBI) or other
PrOTWs, sewage sludge management electronic reporting rule labor burden information whose disclosure is
and disposal operations, small and large due to the reduced need for data input restricted by statute.
vessels, airports with deicing due to increased participation in FOR FURTHER INFORMATION CONTACT:
operations, dischargers of stormwater, electronic filing of forms and reports as Geanetta Heard, Fuels Compliance
construction sites, municipalities, the rule is implemented (OMB Control Center, 6406J, Environmental Protection
pesticide applicators, local and state No. 2020–0035; EPA ICR No. 2468.02). Agency, 1200 Pennsylvania Ave. NW.,
governments.
Respondent’s obligation to respond: Dated: April 26, 2017. Washington, DC 20460; telephone
Mandatory. Sections 301, 302, 304, 306, Sheila E. Frace, number: 202–343–9017; fax number:
307, 308, 316(b), 401, 402, 403, 405, and Acting Director, Office of Wastewater 202–565–2085; email address:
510 of the CWA; the 1987 Water Quality Management, Office of Water. heard.geanetta@epa.gov.
Act (WQA) revisions to CWA section [FR Doc. 2017–13672 Filed 6–28–17; 8:45 am] SUPPLEMENTARY INFORMATION:
402(p); 40 (CFR) Parts 122, 123, 124, BILLING CODE 6560–50–P
Supporting documents which explain in
and 125 (and Parts 501 and 503 for detail the information that the EPA will
Biosolids); and the Great Lakes Critical be collecting are available in the public
Programs Act (CPA). ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be
Estimated number of respondents: AGENCY viewed online at www.regulations.gov
935,020 total (934,383 permittees and or in person at the EPA Docket Center,
[EPA–HQ–OAR–2007–1158; FRL–9962–43– WJC West, Room 3334, 1301
637 States/Tribes/Territories). OAR]
Frequency of response: The frequency Constitution Ave. NW., Washington,
of response varies depending on the Proposed Information Collection DC. The telephone number for the
specific response activity and can range Request; Comment Request; Docket Center is 202–566–1744. For
from ongoing and monthly to once every Alternative Affirmative Defense additional information about EPA’s
5 years. Requirements for Ultra-low Sulfur public docket, visit http://www.epa.gov/
Total estimated burden: 28,239,262 Diesel dockets.
hours (per year). Burden is defined at 5 Pursuant to section 3506(c)(2)(A) of
CFR 1320.03(b). AGENCY: Environmental Protection the PRA, EPA is soliciting comments
Total estimated cost: $1,476,244,044 Agency (EPA). and information to enable it to: (i)
Evaluate whether the proposed
sradovich on DSK3GMQ082PROD with NOTICES

(per year), includes $43,659,009 ACTION: Notice.
annualized capital or operation & collection of information is necessary
maintenance costs. SUMMARY: The Environmental Protection for the proper performance of the
Changes in Estimates: There is a net Agency (EPA) is planning to submit an functions of the Agency, including
increase of 836,289 (3%) hours in the information collection request (ICR), whether the information will have
total estimated respondent burden ‘‘Alternative Affirmative Defense practical utility; (ii) evaluate the
compared with the combined burden of Requirements for Ultra-low Sulfur accuracy of the Agency’s estimate of the
the component ICRs currently approved Diesel’’ (EPA ICR No.2364.05, OMB burden of the proposed collection of

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Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices 29551

information, including the validity of currently approved by OMB. The EPA’s policy is that all comments
the methodology and assumptions used; respondent universe and responses also received will be included in the public
(iii) enhance the quality, utility, and remained the same in this collection. docket without change including any
clarity of the information to be After using more accurate numbers to personal information provided, unless
collected; and (iv) minimize the burden calculate industry burden and reflecting the comment includes profanity, threats,
of the collection of information on those inflation, there is a change in information claimed to be Confidential
who are to respond, including through respondent cost from $9,200 in the Business Information (CBI) or other
the use of appropriate automated currently approved ICR to $8,640 in this information whose disclosure is
electronic, mechanical, or other ICR, totaling a net decrease to the restricted by statute.
technological collection techniques or industry cost burden of $560 per year. FOR FURTHER INFORMATION CONTACT:
other forms of information technology, Dated: May 3, 2017. Karen VanSickle, Clean Air Markets
e.g., permitting electronic submission of Division, Office of Atmospheric
Byron J. Bunker,
responses. EPA will consider the Programs (6204J), Environmental
Director, Compliance Division, Office of
comments received and amend the ICR Protection Agency, 1200 Pennsylvania
Transportation and Air Quality.
as appropriate. The final ICR package Ave. NW., Washington, DC 20460;
[FR Doc. 2017–13655 Filed 6–28–17; 8:45 am]
will then be submitted to OMB for telephone number: (202) 343–9220; fax
BILLING CODE 6560–50–P
review and approval. At that time, EPA number: (202) 343–2361; email address:
will issue another Federal Register vansickle.karen@epa.gov.
notice to announce the submission of SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
the ICR to OMB and the opportunity to Supporting documents which explain in
AGENCY
submit additional comments to OMB. detail the information that the EPA will
Abstract: With this ICR renewal, EPA [EPA–HQ–OAR–2006–0947; FRL–9963–49–
be collecting are available in the public
is seeking permission to continue OAR]
docket for this ICR. The docket can be
recordkeeping and reporting
Proposed Information Collection viewed online at www.regulations.gov
requirements under the ultra-low sulfur
Request; Comment Request; or in person at the EPA Docket Center,
diesel (ULSD) fuel regulations. Where a
Information Collection Request WJC West, Room 3334, 1301
violation of the 15 ppm sulfur standard
Renewal for the NOX Budget Trading Constitution Ave. NW., Washington,
is identified at a retail outlet, the retailer
Program To Reduce the Regional DC. The telephone number for the
responsible for dispensing the
Transport of Ozone Docket Center is 202–566–1744. For
noncompliant fuel is deemed liable, as
additional information about EPA’s
well as the refiner(s), importer(s) and AGENCY: Environmental Protection public docket, visit http://www.epa.gov/
distributor(s) of such fuel. The highway Agency (EPA). dockets.
diesel regulations further provide, ACTION: Notice. Pursuant to section 3506(c)(2)(A) of
however, that any person deemed liable the PRA, EPA is soliciting comments
can rebut this presumption by SUMMARY: The Environmental Protection and information to enable it to: (i)
establishing an affirmative defense that Agency(EPA) is planning to submit an Evaluate whether the proposed
includes, among other things, showing information collection request (ICR), collection of information is necessary
that it conducted a quality assurance ‘‘Information Collection Request for the proper performance of the
sampling and testing program as Renewal for the NOX Budget Trading functions of the Agency, including
prescribed by the regulations. This ICR Program to Reduce the Regional whether the information will have
covers burdens and costs associated Transport of Ozone’’ (EPA ICR No. practical utility; (ii) evaluate the
with provisions that allow refiners and 1857.07, OMB Control No. 2060–0445) accuracy of the Agency’s estimate of the
importers of ULSD an alternative means to the Office of Management and Budget burden of the proposed collection of
of meeting the affirmative defense (OMB) for review and approval in information, including the validity of
requirements in the diesel sulfur accordance with the Paperwork the methodology and assumptions used;
regulations by participating in a Reduction Act. Before doing so, EPA is (iii) enhance the quality, utility, and
nationwide diesel fuel sampling and soliciting public comments on specific clarity of the information to be
testing program. The reporting burden aspects of the proposed information collected; and (iv) minimize the burden
covered by this ICR renewal relates to collection as described below. This is a of the collection of information on those
reports that refiners, importers and proposed extension of the ICR, which is who are to respond, including through
distributors, have to submit in the event currently approved through August 31, the use of appropriate automated
they have a non-complying sulfur test 2017. An Agency may not conduct or electronic, mechanical, or other
result. sponsor and a person is not required to technological collection techniques or
Form Numbers: None. respond to a collection of information
Respondents/affected entities: 5. other forms of information technology,
unless it displays a currently valid OMB e.g., permitting electronic submission of
Respondent’s obligation to respond: control number.
Mandatory. responses. EPA will consider the
DATES: Comments must be submitted on comments received and amend the ICR
Estimated number of respondents: 5
or before August 28, 2017. as appropriate. The final ICR package
(total).
Frequency of response: On occasion. ADDRESSES: Submit your comments, will then be submitted to OMB for
Total estimated burden: 80 hours (per referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA
OAR–2006–0947, online using
sradovich on DSK3GMQ082PROD with NOTICES

year). Burden is defined at 5 CFR will issue another Federal Register
1320.03(b). www.regulations.gov (our preferred notice to announce the submission of
Total estimated cost: $8,640 (per method), by email to a-and-r-docket@ the ICR to OMB and the opportunity to
year), includes no annualized capital or epamail.epa.gov, or by mail to: EPA submit additional comments to OMB.
operation & maintenance costs. Docket Center, Environmental Abstract: The NOX Budget Trading
Changes in Estimates: There is no Protection Agency, Mail Code 28221T, Program was a market-based cap and
increase of hours in the total estimated 1200 Pennsylvania Ave. NW., trade program created to reduce
respondent burden compared to the ICR Washington, DC 20460. emissions of nitrogen oxides (NOX) from

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Document Created: 2018-11-14 10:16:51
Document Modified: 2018-11-14 10:16:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before August 28, 2017.
Contact		Geanetta Heard, Fuels Compliance Center, 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-343-9017; fax number:
FR Citation		82 FR 29550