Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26121 

* * * * * 

[FR Doc. 2010–11010 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2007–1158; FRL–9147–4] 

RIN 2060–AO71 

Regulation of Fuels and Fuel 

Additives: Alternative Affirmative 

Defense Requirements for Ultra-Low 

Sulfur Diesel and Gasoline Benzene 

Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is issuing a direct final 

rule to amend the diesel sulfur 

regulations to allow refiners, importers, 

distributors, and retailers of highway 

diesel fuel the option to use an 

alternative affirmative defense if the 

Agency finds highway diesel fuel 

samples above the specified sulfur 

standard at retail facilities. This 

alternative defense consists of a 

comprehensive program of quality 

assurance sampling and testing that 

would cover all participating companies 

that produce and/or distribute highway 

diesel fuel if certain other conditions are 

met. The sampling and testing program 

would be carried out by an independent 

surveyor. The program would be 

conducted pursuant to a survey plan 

approved by EPA that is designed to 

achieve the same objectives as the 

current regulatory quality assurance 

requirement. This rule also amends the 

gasoline benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners. 

DATES: This rule is effective on July 12, 

2010 without further notice, unless EPA 

receives adverse comment by June 10, 

2010. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this rule, or the relevant 

provisions of this rule, will not take 

effect. The incorporation by reference of 

a certain publication listed in the 

regulations is approved by the Director 

of the Federal Register as of July 12, 

2010. 

Hearings: If EPA receives a request 

from a person wishing to speak at a 

public hearing by May 26, 2010, a 

public hearing will be held at a time and 

location to be announced in a 

subsequent Federal Register notice. To 

request to speak at a public hearing, 

send a request to the contact in FOR

FURTHER INFORMATION CONTACT. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2007–1158, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: Air and Radiation Docket, 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Room 3334, EPA West Building, 1301 

Constitution Avenue, NW., Washington, 

DC, Attention Air Docket ID No. EPA– 

HQ–OAR–2007–1158. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2007– 

1158. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will automatically be captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov 

or in hard copy at the Air Docket, EPA/ 

DC, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The 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 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jaimee Dong, Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality, Office 

of Air and Radiation, Environmental 

Protection Agency, Mail Code 6405J, 

1200 Pennsylvania Avenue, 

Washington, DC 20460; telephone 

number: (202) 343–9672; fax number: 

(202) 343–2800; e-mail address: 

Dong.Jaimee@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to amend 

the diesel sulfur regulations and the 

gasoline benzene regulations if adverse 

comments are received on this direct 

final rule. We do not intend to institute 

a second comment period on this action. 

Any parties interested in commenting 

must do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If EPA receives adverse comment on 

a distinct provision of this rulemaking, 

we will publish a timely withdrawal in 

the Federal Register indicating which 

provisions we are withdrawing. The 

provisions that are not withdrawn will 

become effective on the date set out 

above, notwithstanding adverse 

comment on any other provision. We 

will address all public comments in any 

subsequent final rule based on the 

proposed rule. 


jlentini on DSKJ8SOYB1PROD with RULES
26122 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

Does this action apply to me? 

Entities potentially affected by this 

action include those involved with the 

production, importation, distribution, 

marketing, or retailing of diesel fuel and 

production of gasoline. Categories and 

entities affected by this action include: 

Category NAICS codes a SIC codes b Examples of potentially regulated entities 

Industry ................................................................................ 324110 2911 Petroleum Refiners. 

Industry ................................................................................ 422710 5171 Diesel Fuel Marketers and Distributors. 

Industry ................................................................................ 484220 4212 Diesel Fuel Carriers. 

a North American Industry Classification System (NAICS). b Standard Industrial Classification (SIC) system code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action; however, other 

types of entities not listed in the table 

could also be affected. To determine 

whether your entity is affected by this 

action, you should examine the 

applicability criteria of parts 79 and 80 

of title 40 of the Code of Federal 

Regulations. If you have any question 

regarding applicability of this action to 

a particular entity, consult the person in 

the preceding FOR FURTHER INFORMATION

CONTACT section. 

What should I consider as I prepare my 

comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the information that you claim to 

be CBI. For CBI information on a disk 

or CD ROM that you mail to EPA, mark 

the outside of the disk or CD ROM as 

CBI and then identify electronically 

within the disk or CD ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Docket Copying Costs. You may be 

charged a reasonable fee for 

photocopying docket materials, as 

provided by 40 CFR part 2. 

Outline of This Preamble 

I. Background 

II. Need for Action 

III. This Action 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination with Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children from Environmental Health and 

Safety Risks 

H. Executive Order 13211: Acts that 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. 

K. Congressional Review Act 

L. Clean Air Act Section 307(d) 

V. Statutory Provisions and Legal Authority 

I. Background 

The diesel sulfur regulations were 

designed to ensure widespread 

availability of highway diesel fuel 

containing 15 parts per million (ppm) 

sulfur or less by October 2006. Almost 

all highway diesel engines produced 

beginning in 2007 will be equipped 

with emissions control systems that are 

sensitive to sulfur. These vehicles 

should be fueled with diesel fuel 

produced to contain no more than 15 

ppm sulfur (called Ultra-Low Sulfur 

Diesel or ULSD highway diesel fuel) in 

order for the emissions control systems 

to function properly, and to prevent 

damage to the emissions control 

systems. 

The diesel sulfur regulations require 

refiners, importers, distributors and 

retailers who produce, import, sell, store 

or transport ULSD highway diesel fuel 

to meet the standards specified in the 

diesel sulfur regulations. Where a 

violation of the standards 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. See 40 CFR 80.612(a). In addition, 

where the corporate, trade or brand 

name of a refiner appears at a retail 

outlet found to be in violation, that 

branded refiner is also deemed liable for 

the violation. See 40 CFR 80.612(a)(3). 

The diesel sulfur 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. See 40 CFR 80.613(a)(1) and 

40 CFR 80.613(d). Branded refiners and 

importers are not liable if they can 

establish, among other things, that the 

violation was caused by the action of a 

third-party distributor or retailer who 

violated product handling procedures 

that were contractually required by the 

refiner, despite periodic sampling and 

testing to ensure compliance with the 

contractual obligation. 

II. Need for Action 

EPA received questions from several 

large branded refiners of ULSD highway 

diesel fuel regarding how EPA would 

enforce violations of the downstream 

sulfur standard in instances where a 

ULSD highway diesel fuel sample test 

result exceeded the downstream 

standard by an amount less than the 2 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26123 

1The diesel sulfur regulations at § 80.580(d) 

provide for an adjustment factor to be subtracted 

from test results for samples taken downstream of 

the refinery gate, to account for test variability. The 

adjustment factor was 3 ppm prior to October 15, 

2008, and is now 2 ppm as of October 15, 2008. 

Thus, ULSD highway diesel fuel downstream of the 

refinery gate would be deemed to be compliant 

beginning October 15, 2008 if a test result showed 

it contained no more than 17 ppm sulfur. For ease 

of reference, this preamble uses the term 

‘‘downstream sulfur standard’’ to refer to the 15 ppm 

standard plus the adjustment factor, i.e. 17 ppm, 

beginning October 15, 2008. The term ULSD means 

diesel fuel subject to the 15 ppm standard 

applicable at the refinery gate, and subject to the 

downstream sulfur standard of 15 ppm plus the 2 

ppm adjustment factor. 

ppm adjustment factor.1 These 

questions led to discussions between 

EPA and the refiners about establishing 

an optional nationwide sampling and 

testing program in which refiners could 

participate to satisfy the affirmative 

defense requirements under § 80.613. 

This program, which would be generally 

modeled on the reformulated gasoline 

(RFG) survey program set forth in 40 

CFR 80.68, would be conducted by an 

independent survey organization 

following a survey plan approved 

annually by EPA, and funded by a 

consortium of refiners, importers and 

distributors. 

For the reasons discussed below, EPA 

believes it is appropriate to provide 

branded refiners or importers who sell 

ULSD highway diesel fuel at retail 

stations with an alternative means of 

meeting the affirmative defense 

requirements in § 80.613. We also 

believe it is appropriate to provide this 

alternative to unbranded refiners and 

importers, as well as distributors and 

retailers. As a result, this rule amends 

the diesel sulfur regulations to provide 

an optional alternative means of 

meeting the defense requirements in 

§ 80.613, which will be available to any 

refiner, importer, distributor or retailer 

of ULSD highway diesel fuel. 

We believe that the use of the new 

alternative quality assurance 

compliance program will result in a 

quality assurance program equivalent to 

that currently required under the diesel 

sulfur regulations. The provisions in 

this rule are equivalent to those in an 

existing program that was implemented 

by EPA’s Office of Enforcement and 

Compliance Assurance in October, 2006 

through enforcement discretion, and 

which has efficiently provided 

significant amounts of statistically valid 

information on a nationwide basis. 

Sampling results from the program 

(aggregated on a quarterly basis) are 

available on the Web site of the Clean 

Diesel Fuel Alliance at http://www.

clean-diesel.org/pump_survey.html. 

This rule will not have any adverse 

environmental impact and will provide 

refiners, importers and distributors 

additional flexibility in complying with 

the diesel sulfur regulations. 

III. This Action 

This action provides refiners, 

importers, distributors and retailers of 

ULSD highway diesel fuel the option of 

an alternative defense to liability that 

consists in part of a nationwide program 

of sampling and testing designed to 

provide oversight of all retail stations 

that sell ULSD highway diesel fuel. 

Under this option, a refiner, importer, 

distributor or retailer must participate in 

an organization that arranges to have an 

independent surveyor conduct a 

program of compliance surveys 

pursuant to a survey plan designed to 

achieve the same quality assurance 

objectives as the current regulatory 

requirement. A detailed survey plan 

must be submitted to EPA for approval 

by November 1 of the year preceding the 

year in which the alternative quality 

assurance sampling and testing program 

would be implemented. The survey plan 

must include a methodology for 

determining when the survey samples 

will be collected, the locations of the 

retail outlets where the samples will be 

collected, the number of samples to be 

included in the survey, and any other 

elements that EPA determines are 

necessary to achieve the same level of 

quality assurance as the current 

requirement. 

Under this alternative quality 

assurance program, the independent 

surveyor is required to collect samples 

of ULSD highway diesel fuel at retail 

stations and have the samples tested for 

sulfur content. This nationwide 

sampling and testing program would be 

designed to ensure comprehensive 

geographic coverage of regulated 

highway diesel fuel sold at retail outlets, 

would provide proportionate coverage 

of such fuel in three sampling strata, 

and would be done in accordance with 

the provisions in 40 CFR 80.580. These 

three strata generally refer to: (1) 

Densely populated areas, which include 

Metropolitan Statistical Areas and the 

reformulated gasoline control areas; (2) 

transportation corridors, which are 

based on interstate highways outside the 

densely populated areas. Transportation 

corridors include areas immediately 

adjacent to the highways themselves 

and a swath within several miles on 

each side of the highway. For any given 

survey, a certain length of any specific 

highway may be deemed appropriate as 

a sampling unit or cluster; (3) rural 

areas, which include all areas not 

included in the previous two strata. 

These areas are subdivided into clusters, 

generally based on groupings of 

counties. The specific criteria used for 

selecting sampling areas for each survey 

plan is subject to EPA approval. 

The surveyor would generate and 

report summary sulfur content statistics 

to EPA each calendar quarter. In 

addition, where the survey finds 

noncompliant samples of ULSD 

highway diesel fuel, the liable parties 

would be responsible for identifying 

and addressing the root cause of the 

violation to prevent future violations. 

EPA recognizes that any alternative 

quality assurance program must result 

in the same level of consistency in 

meeting the ULSD standard for highway 

fuel as the current quality assurance 

requirements. A sampling and testing 

program that accomplishes this must 

both accurately estimate the proportion 

of retail stations that sell non-compliant 

ULSD highway diesel fuel and provide 

a credible deterrent to deliberate or 

inadvertent violations of downstream 

enforcement standards. 

While not mutually exclusive, the two 

overall objectives differ significantly in 

how an adequate number of samples for 

an alternative quality assurance program 

is calculated. The amount of sampling 

needed to satisfy either objective 

depends on a number of considerations 

which pose separate difficulties for the 

two objectives. On the one hand, the 

amount needed to estimate the 

proportion of retail stations that sell 

non-compliant ULSD highway diesel 

fuel varies as a function of the expected 

underlying proportion of stations selling 

non-compliant fuel, the proportion of 

stations needed to be non-compliant to 

determine that fuel is non-compliant, 

the selected confidence level, and 

various sample design parameters. 

Thus, arriving at the sampling 

requirement for determining the 

proportion of retail stations that sell 

non-compliant ULSD highway diesel 

relies on determining tolerable levels of 

non-compliance and confidence that 

would provide a suitable degree of 

accuracy. 

On the other hand, the amount of 

sampling needed to maintain adequate 

deterrence rests on sound judgment by 

experienced field enforcement 

personnel based on the attractiveness/ 

profitability of deliberate violations, the 

likelihood of inadvertent violations, the 

nature of penalty policies, and the speed 

with which information about 

enforcement actions and their outcomes 

is disseminated throughout the 

regulated community. Therefore, 

deciding how much sampling is needed 

for effective deterrence is a less 

deterministic process. 


jlentini on DSKJ8SOYB1PROD with RULES
26124 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

For the reasons discussed above, no 

single statistical formula can be used 

exclusively to determine the size of an 

acceptable sampling program if both 

objectives are to be met. The use of a 

rigorous survey sampling methodology 

serves both principal objectives. For 

non-compliance estimation purposes, 

the need for such statistical rigor is 

necessary for an accurate measure of the 

proportion of retail stations selling noncompliant ULSD highway diesel fuel. 

Another benefit from the use of such 

methodology is that it makes the most 

efficient use of limited resources by 

distributing sampling in a way that no 

regulated party can be confident that it 

will not be sampled and tested. 

When a violation occurs, today’s rule 

allows branded refiners that participate 

in the consortium to establish a defense 

for themselves, and also establish a 

defense for distributors and retailers 

that operate under the branded refiners’ 

trade or brand name under new 

provisions in § 80.613(e). Unbranded 

refiners and distributors that do not 

operate under the trade or brand name 

of a refiner, as well as distributors that 

operate under a refiner’s trade or brand 

name but the refiner has elected to not 

participate in the consortium, also may 

use these new defense provisions by 

independently participating in the 

consortium. In certain situations, a 

distributor’s operations may be partially 

under the brand name of a participating 

refiner and partially under the brand 

name of a non-participating refiner or 

partially not under the brand name of a 

refiner. Such distributors, if they seek to 

use the alternative defense discussed 

here, must participate independently in 

the consortium to meet their defense 

requirements under § 80.613(e) for their 

operations that are under the brand 

name of a non-participating refiner, or 

operations not under the brand name of 

a refiner. 

Where the survey association finds a 

sample of ULSD highway diesel fuel 

that exceeds the downstream sulfur 

standard, participants in the consortium 

have different requirements for 

establishing their defense under 

§ 80.613(e), depending on the amount of 

the exceedance. For exceedances of up 

to 2 ppm over the downstream standard, 

consortium participants will be deemed 

to have met all of their defense 

requirements under § 80.613(e) 

provided they demonstrate to EPA that 

diesel fuel last supplied to the retail 

station contained no more than 15 ppm 

sulfur prior to subtracting the 2 ppm 

adjustment factor when dispensed at the 

supplying terminal, and take several 

actions, described in further detail 

below, to stop distribution of the 

violating fuel, to determine why the 

violation occurred, and to provide a 

report to EPA explaining how such 

violations will be avoided in the future. 

However, for exceedances of more than 

2 ppm over the downstream standard, 

consortium participants must also meet 

additional defense requirements as 

described in further detail below. 

EPA chose 2 ppm as a threshold based 

on past sulfur testing experience in 

order to provide an incentive for 

regulated parties to participate in the 

consortium while encouraging 

participants to take appropriate steps to 

comply. Exceedances of more than 2 

ppm over the downstream standard 

indicate that a regulated party may not 

have taken appropriate steps to comply, 

and that more analysis is required to 

determine the cause of the exceedance. 

The exceedance threshold of 2 ppm is 

equal to the 2 ppm adjustment factor 

allowed for downstream parties in the 

diesel sulfur regulations. Due to 

variability in sulfur test methods, 

downstream parties are allowed to 

subtract 2 ppm from their sulfur test 

result to determine compliance with the 

15 ppm sulfur standard, which means 

that a downstream sulfur test result of 

17 ppm is considered to be compliant 

with the 15 ppm sulfur standard. 

However, a test variability of 2 ppm 

means actual sulfur content may also be 

2 ppm greater than the test result, so if 

diesel fuel containing 17 ppm sulfur is 

tested twice for sulfur, one test result 

may be 15 ppm and one test result may 

be 19 ppm. Thus, if a terminal has a 

sulfur test result of 15 ppm for their 

diesel fuel prior to subtracting the 2 

ppm adjustment factor, it is possible for 

another party to test the same diesel fuel 

and obtain a test result of 19 ppm. 

Requiring the supplying terminal to 

demonstrate that their diesel fuel when 

tested contained no more than 15 ppm 

sulfur prior to subtracting the 2 ppm 

adjustment factor means that a retail test 

result of 19 ppm would show 

noncompliance but would still be 

consistent with other test results that 

show compliance under the regulations. 

When the survey association finds a 

sample of ULSD highway diesel fuel 

which exceeds the downstream 

standard by 2 ppm or less, branded 

refiners that participate in the 

consortium must take several actions to 

meet all of their defense requirements 

under § 80.613(e). These include 

demonstrating to EPA that diesel fuel 

last supplied to the retail station 

contained no more than 15 ppm sulfur 

when dispensed at the supplying 

terminal, and that best efforts and 

accepted business practices are used by 

downstream parties to avoid diesel fuel 

contamination. Also, following 

notification to the branded refiner by 

the survey association of the test result, 

appropriate steps must be taken within 

24 hours to ensure the diesel fuel is not 

dispensed into motor vehicles until 

remedial action is taken to ensure the 

fuel sulfur content is no greater than the 

applicable downstream standard. This 

action may include either shutting 

down the pumps which supply the 

diesel fuel, or placing new labels on the 

pumps stating they dispense 500 ppm 

highway diesel fuel rather than 15 ppm 

highway diesel fuel (prior to June 1, 

2010). Lastly, the branded refiner must 

submit a report to EPA within 120 days 

of the exceedance, which explains the 

circumstances and root cause of the 

exceedance and steps taken to prevent 

distribution of noncompliant fuel, and 

lists actions that will be taken to prevent 

future exceedances. The refiner must 

also provide EPA with copies of 

contracts which include the procedures 

in place to prevent contamination of 

ULSD highway diesel fuel. The survey 

association must also retest ULSD 

highway diesel fuel dispensed at the 

retail station during its next survey, in 

addition to its scheduled sampling. 

Unbranded refiners, distributors and 

retailers that participate in the 

consortium have slightly different 

requirements from branded refiners for 

establishing their defense when the 

survey association finds a retail sample 

which exceeds the downstream 

standard by 2 ppm or less. Participating 

unbranded refiners will be deemed to 

have met all of their affirmative defense 

requirements under § 80.613(e) if they 

carry out all of the actions listed 

previously for branded refiners (except 

for providing EPA with copies of 

contracts that include procedures in 

place to prevent contamination of ULSD 

highway diesel fuel). Participating 

distributors and retailers will be deemed 

to have met all of their defense 

requirements under § 80.613(e) if they 

carry out all of the actions listed 

previously for branded refiners (except 

for providing EPA with copies of 

contracts that include procedures in 

place to prevent contamination of ULSD 

highway diesel fuel). Additionally, the 

retail outlet at which the sample was 

collected must have had no previous 

instances of a tested sample of ULSD 

highway diesel fuel exceeding the 

downstream standard for two years 

prior to the exceedance. If a tested 

sample of ULSD highway diesel fuel 

exceeded the downstream standard 

within the prior two years, participating 

distributors and retailers must also meet 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26125 

the defense elements under 

§ 80.613(a)(1)(i) and (ii), and § 80.613(c). 

When the survey association finds a 

sample that exceeds the downstream 

sulfur standard by more than 2 ppm, 

under § 80.613(e) branded refiners must 

carry out the actions listed previously 

for branded refiners. In addition, such 

branded refiners must also meet the 

defense elements in § 80.613(b), such as 

showing they did not cause the 

violation, or that the violation was 

caused by another person. Similarly, 

under § 80.613(e), unbranded refiners, 

distributors and retailers must carry out 

all of the actions listed previously for 

branded refiners (except for providing 

EPA with copies of contracts that 

include procedures in place to prevent 

contamination of ULSD highway diesel 

fuel). In addition, such distributors must 

also meet the defense elements under 

§ 80.613(a)(1)(i) and (ii), and § 80.613(c). 

Use of this alternative affirmative 

defense and participation in this quality 

assurance program is optional, and 

refiners, importers, distributors, and 

retailers may choose to conduct their 

own quality assurance program as 

provided currently in the regulations 

instead of participating in this 

nationwide program. A refiner that does 

not participate in the consortium will 

continue to be subject to the sampling 

and testing defense provisions under 

§ 80.613, as will distributors that 

operate under such a refiner’s trade or 

brand name unless such a distributor 

independently participates in the 

consortium. 

Today’s rule also makes one minor 

correction to the gasoline benzene 

regulations clarifying when a small 

refiner who loses their small refiner 

status may generate gasoline benzene 

credits. Disqualified small refiners are 

allowed a grace period of up to 36 

months after the date of the 

disqualifying event to begin meeting the 

gasoline benzene standards applicable 

to non-small refiners. The gasoline 

benzene regulations currently prohibit 

disqualified small refiners from 

generating either early or standard 

gasoline benzene credits at any of their 

refineries during this grace period. This 

results in limitations on credit 

generation for disqualified small 

refiners that are more stringent than 

limitations on credit generation for nonsmall refiners, which was not EPA’s 

intent. Today’s rule amends the gasoline 

benzene regulations at § 80.1339(e)(4) to 

allow disqualified small refiners the 

same opportunity to generate gasoline 

benzene credits during the grace period 

as that afforded to non-small refiners. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order (EO) 12866 

(58 FR 51735, October 4, 1993), this 

action is a ‘‘significant regulatory 

action.’’ Accordingly, EPA submitted 

this action to the Office of Management 

and Budget (OMB) for review under EO 

12866 and any changes made in 

response to OMB recommendations 

have been documented in the docket for 

this action. 

B. Paperwork Reduction Act 

The information collection 

requirements in this direct final rule 

have been submitted for approval to the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. The 

Information Collection Request (ICR) 

document prepared by EPA has been 

assigned EPA ICR number 2364.03. 

This direct final rule provides 

refiners, importers and distributors of 

ULSD highway diesel fuel with 

additional flexibility to comply with the 

diesel sulfur regulations. The flexibility 

afforded under this rule is optional. 

Modest information collection 

requirements in the form of reports for 

noncompliant diesel sulfur samples are 

required for those parties who avail 

themselves of the flexibility provided in 

this rule. The information under this 

rule 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 

requirements under the diesel sulfur 

program. This oversight by EPA is 

necessary to ensure attainment of the air 

quality goals of the diesel sulfur 

program. 

The estimated hourly burden per 

respondent for the diesel surveys is 16 

hours. The estimated annual hourly 

burden is 320 hours for all respondents 

(assuming 20 respondents per year). The 

estimated hourly cost is $71 per hour. 

The total estimated cost per respondent 

is $1,136. The total estimated cost for all 

respondents is $22,270. Burden is 

defined at 5 CFR 1320.3(b). 

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. 

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, EPA has established 

a public docket for this rule, which 

includes this ICR, under Docket ID 

number EPA–HQ–OAR–2007–1158. 

Submit any comments related to the ICR 

to EPA and OMB. See ADDRESSES

section at the beginning of this notice 

for where to submit comments to EPA. 

Send comments to OMB at the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th Street, NW., Washington, DC 

20503, Attention: Desk Office for EPA. 

Comments must be submitted on or 

before July 12, 2010. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s final rule on small 

entities, we certify that this action will 

not have a significant economic impact 

on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities since the primary purpose of the 

regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 


jlentini on DSKJ8SOYB1PROD with RULES
26126 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

Today’s final rule provides additional 

flexibility to refiners, importers, and 

distributors of diesel fuel by amending 

the diesel sulfur regulations to allow a 

voluntary nationwide sampling and 

testing program to be used as an 

alternative means of meeting the 

sampling and testing defense elements 

under 40 CFR 80.613. Participation in 

the program should reduce regulatory 

burden on all participants. Any small 

entities may choose whether or not to 

join the program. Today’s rule also 

amends the gasoline benzene 

regulations to allow disqualified small 

refiners the same opportunity to 

generate gasoline benzene credits as that 

afforded to non-small refiners. We have 

therefore concluded that today’s final 

rule will relieve the regulatory burden 

for all affected small entities. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

This rule provides refiners, distributors, 

and importers of diesel fuel with 

additional flexibility in complying with 

regulatory requirements. As a result, 

this rule will have the overall effect of 

reducing the burden of the diesel sulfur 

regulations on these regulated parties. 

These requirements also codify existing 

practices designed to ensure that ULSD 

highway diesel fuel meets downstream 

standards. Today’s rule also amends the 

gasoline benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners, relieving burden on small 

refiners. Thus, this rule is not subject to 

the requirements of sections 202 or 205 

of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any State, local or tribal governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This rule 

provides refiners, distributors, and 

importers of diesel fuel with additional 

flexibility in complying with regulatory 

requirements. These requirements also 

codify existing practices designed to 

ensure that ULSD highway diesel fuel 

meets downstream standards. Today’s 

rule also amends the gasoline benzene 

regulations to allow disqualified small 

refiners the same opportunity to 

generate gasoline benzene credits as that 

afforded to non-small refiners. The 

requirements of the rule will be 

enforced by the Federal government at 

the national level. Thus, Executive 

Order 13132 does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule applies to refiners, 

distributors, and importers of diesel 

fuel. This action contains certain 

modifications to the federal 

requirements for diesel sulfur, and will 

not impose any enforceable duties on 

communities of Indian tribal 

governments. Today’s rule also amends 

the gasoline benzene regulations to 

allow disqualified small refiners the 

same opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners, and will not impose any 

enforceable duties on communities of 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211 (66 FR 28355 (May 22, 2001)) 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Further, 

we have concluded that this rule is not 

likely to have any adverse energy 

effects. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This rule does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This is a rule amendment 

that does not relax the control measures 

on sources regulated by the rule and 

therefore will not cause emissions 

increases from these sources. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26127 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A Major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective July 12, 2010. 

L. Clean Air Act Section 307(d) 

This rule is subject to Section 307(d) 

of the CAA. Section 307(d)(7)(B) 

provides that ‘‘[o]nly an objection to a 

rule or procedure which was raised with 

reasonable specificity during the period 

for public comment (including any 

public hearing) may be raised during 

judicial review.’’ This section also 

provides a mechanism for the EPA to 

convene a proceeding for 

reconsideration, ‘‘[i]f the person raising 

an objection can demonstrate to the EPA 

that it was impracticable to raise such 

objection within [the period for public 

comment] or if the grounds for such 

objection arose after the period for 

public comment (but within the time 

specified for judicial review) and if such 

objection is of central relevance to the 

outcome of the rule.’’ Any person 

seeking to make such a demonstration to 

the EPA should submit a Petition for 

Reconsideration to the Office of the 

Administrator, U.S. EPA, Room 3000, 

Ariel Rios Building, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, with 

a copy to both the person(s) listed in the 

preceding FOR FURTHER INFORMATION

CONTACT section, and the Director of the 

Air and Radiation Law Office, Office of 

General Counsel (Mail Code 2344A), 

U.S. EPA, 1200 Pennsylvania Ave., 

NW., Washington, DC 20004. 

V. Statutory Provisions and Legal 

Authority 

Regulation of Fuels and Fuel 

Additives: Alternative Affirmative 

Defense Requirements for Ultra-low 

Sulfur Diesel and Gasoline Benzene 

Technical Amendment. 

Statutory authority for the fuel 

controls set in this direct final rule 

comes from sections 211 and 301(a) of 

the CAA. 

List of Subjects in 40 CFR Part 80 

Environmental protection, Air 

pollution control, Fuel additives, Diesel, 

Gasoline, Imports, Incorporation by 

reference, Labeling, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: May 3, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, part 80 Chapter I, title 40 of 

the Code of Federal Regulations is 

amended as follows: 

PART 80—REGULATION OF FUEL 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7542, 7545, and 

7601(a). 

■ 2. Section 80.613 is amended by 

adding paragraph (e) to read as follows: 

§ 80.613 What defenses apply to persons 

deemed liable for a violation of a prohibited 

act under this subpart? 

* * * * * 

(e) Alternative defense requirements. 

A person deemed liable under 

§ 80.612(a) for a violation of 

§ 80.610(a)(1), concerning diesel fuel 

that is sold, offered for sale, or 

dispensed at a retail outlet and that does 

not meet the applicable sulfur content 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), may comply 

with the following alternative defense 

requirements in lieu of the requirements 

in paragraphs (a) through (d) of this 

section to the extent provided for, and 

subject to the conditions and limitations 

set forth in this paragraph (e): 

(1) Independent survey association. 

To comply with the alternative defense 

requirements under this paragraph (e), a 

person must participate in the funding 

of a consortium which arranges to have 

an independent survey association 

conduct a statistically valid program of 

annual compliance surveys pursuant to 

a survey plan which has been approved 

by EPA, in accordance with the 

requirements of paragraphs (e)(2) 

through (e)(4) of this section. 

(2) General requirements. The 

consortium survey program under this 

paragraph (e) must be: 

(i) Planned and conducted by an 

independent survey association that 

meets the requirements in 

§ 80.68(c)(13)(i); 

(ii) Conducted at diesel fuel retail 

outlets nationwide; and 

(iii) Representative of all motor 

vehicle diesel fuel subject to the 15 ppm 

sulfur standard under § 80.520(a)(1) 

dispensed at diesel fuel retail outlets 

nationwide. 

(3) Independent survey association 

requirements. The consortium described 

in paragraph (e)(1) of this section shall 

require the independent survey 

association conducting the surveys to: 

(i) Submit to EPA for approval each 

calendar year a proposed survey plan in 

accordance with the requirements of 

paragraph (e)(4) of this section. 

(ii) Obtain samples of motor vehicle 

diesel fuel subject to the 15 ppm sulfur 

standard under § 80.520(a)(1) in 

accordance with the survey plan 

approved under this paragraph (e), or 

immediately notify EPA of any refusal 

of retail outlets to allow samples to be 

taken; 

(iii) Test, or arrange to be tested, the 

samples required under paragraph 

(e)(3)(ii) of this section for sulfur 

content as follows— 

(A) Samples collected at retail outlets 

shall be shipped the same day the 

samples are collected via overnight 

service to the laboratory, and analyzed 

for sulfur content within twenty-four 

hours after receipt of the sample in the 

laboratory. 

(B) Any laboratory to be used by the 

independent survey association for 

sulfur testing shall be approved by EPA 

and its sulfur test method shall comply 

with the provisions of §§ 80.584, 80.585 

and 80.586. 

(C) For purposes of the alternative 

defense requirements in this paragraph 

(e), test results shall be rounded to a 

whole number using ASTM E 29–02ε1, 

Standard Practice for Using Significant 

Digits in Test Data to Determine 

Conformance with Specifications, 

rounding method procedures. The 

Director of the Federal Register 

approved the incorporation by reference 

of ASTM E 29–02ε1 as prescribed in 5 

U.S.C. 552(a) and 1 CFR part 51. 

Anyone may purchase copies of this 

standard from ASTM International, 100 

Barr Harbor Dr., West Conshohocken, 

PA 19428, (610) 832–9585. Anyone may 

inspect copies at the U.S. EPA, EPA 

Docket Center, Room 3334, EPA West 

Building, 1301 Constitution Ave., NW., 

Washington, DC 20460, (202) 566–9744, 

or at the National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(iv) Provide notice of samples with 

sulfur content greater than the 15 ppm 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), as follows: 

(A) In the case of any test result that 

is one or two ppm greater than the 15 

ppm standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), the 

independent survey association shall, 

within twenty-four hours after the 

laboratory receives the sample, send 

notification of the test result as follows: 

In the case of a sample collected at a 

retail outlet at which the brand name of 


jlentini on DSKJ8SOYB1PROD with RULES
26128 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

a refiner or importer is displayed, to the 

refiner or importer, and EPA; and in the 

case of a sample collected at other retail 

outlets, to the retailer and EPA. This 

initial notification to a refiner shall 

include specific information concerning 

the name and address of the retail 

outlet, contact information, the brand, 

and the sulfur content of the sample. 

(B) In the case of any test result that 

is three or more ppm greater than the 15 

ppm standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), or for a test 

result that is one or two ppm greater 

than the 15 ppm standard under 

§ 80.520(a)(1), as adjusted under 

§ 80.580(d), and the retail outlet has had 

an exceedance within the previous two 

years, the independent survey 

association shall, within the time limits 

specified in paragraph (e)(3)(iv)(A) of 

this section, provide notice to the 

parties described in paragraph 

(e)(3)(iv)(A) of this section. The notice 

to EPA must include the name and 

address of the retail outlet, and the 

telephone number, if known. 

(C) The independent survey 

association shall provide notice to the 

identified contact person or persons for 

each party specified in paragraphs 

(e)(3)(iv)(A) and (B) of this section in 

writing (e.g. e-mail or facsimile) and, if 

requested by the identified contact 

person, by telephone. 

(v) Provide to EPA quarterly and 

annual summary survey reports which 

include the information specified in 

paragraph (e)(8) of this section. 

(vi) Maintain all records relating to 

the surveys conducted under this 

paragraph (e) for a period of at least 5 

years. 

(vii) At any time permit any 

representative of EPA to monitor the 

conduct of the surveys, including 

sample collection, transportation, 

storage, and analysis. 

(4) Survey plan design requirements. 

The proposed survey plan required 

under paragraph (e)(3)(i) of this section 

shall, at a minimum, include the 

following: 

(i) Number of surveys. The survey 

plan shall include four surveys each 

calendar year. The four surveys 

collectively are called the survey series. 

(ii) Sampling areas. The survey plan 

shall include sampling in three types of 

areas, called sampling strata, during 

each survey: Densely populated areas, 

transportation corridors and rural areas. 

These sampling strata shall be further 

divided into discrete sampling areas, or 

clusters. Each survey shall include 

sampling in at least 40 sampling areas 

in each stratum, randomly selected. 

(iii) No advance notice of surveys. 

The survey plan shall include 

procedures to keep confidential from 

any regulated party, but not from EPA, 

the identification of the sampling areas 

that are included in any survey plan 

prior to the beginning of a survey in an 

area. 

(iv) Retail outlet selection. 

(A) The retail outlets to be sampled in 

a sampling area shall be selected from 

among all retail outlets in the sampling 

area that sell motor vehicle diesel fuel 

subject to the 15 ppm sulfur standard 

under § 80.520(a)(1), with probability of 

selection proportionate to the volume of 

motor vehicle diesel fuel subject to the 

15 ppm sulfur standard under 

§ 80.520(a)(1) sold at the retail outlets, 

and inclusion of retail outlets with 

different brand names and unbranded, if 

possible. 

(B) In the case of any retail outlet from 

which a sample of motor vehicle diesel 

fuel subject to the 15 ppm sulfur 

standard under § 80.520(a)(1) was 

collected during a survey and 

determined to have a sulfur content that 

exceeds the 15 ppm sulfur standard 

under § 80.520(a)(1), as adjusted under 

§ 80.580(d), that retail outlet shall be 

included in the subsequent survey. 

(C) Only a single sample shall be 

collected at each retail outlet, except 

that where a retail outlet had a sample 

from the preceding survey with a test 

result that exceeds the 15 ppm standard 

under § 80.520(a)(1), as adjusted under 

§ 80.580(d), separate samples shall be 

taken that represent the diesel fuel 

contained in each storage tank 

containing motor vehicle diesel fuel 

subject to the 15 ppm sulfur standard 

under § 80.520(a)(1), unless collection of 

separate samples is not practicable (for 

example, due to diesel piping 

arrangements or pump outages). 

(v) Number of samples. 

(A) The minimum number of samples 

to be included in the survey plan for 

each calendar year shall be calculated as 

follows: 

n Z Z St F F = + ( ) nab ⎡

⎣ ⎤ { ⎦ ∗ ( ) − ( ) ⎡

⎣ ⎤⎦ ( )}∗ ∗∗ α β φ φ 2 2 4 arc arc sin sin 1 0 ∗ Sun

Where: 

n = minimum number of samples in a yearlong survey series. However, in no case shall 

n be larger than 9,600 or smaller than 5,250. 

Zα = upper percentile point from the normal 

distribution to achieve a one-tailed 95% 

confidence level (5% a-level). Thus, Zα

equals 1.645. 

Zβ = upper percentile point to achieve 95% 

power. Thus, Zβ equals 1.645. 

jl = the maximum proportion of stations 

selling non-compliant fuel for the fuel in 

a region to be deemed compliant. In this 

test, the parameter needs to be 5% or 

greater, i.e., 5% or more of the stations, 

within a stratum such that the region is 

considered non-compliant. For this 

survey, jl will be 5%. 

jo = the underlying proportion of noncompliant stations in a sample. For 

calendar year 2011, jowill be 1.9%. For 

calendar years 2012 and beyond, jo will 

be the average of the proportion of 

stations to be non-compliant over the 

previous four surveys. 

Stn = number of sampling strata. For 

purposes of this survey program, Stn

equals 3. 

Fa = adjustment factor for the number of extra 

samples required to compensate for 

collected samples that cannot be 

included in the survey, based on the 

number of additional samples required 

during the previous four surveys. 

However, in no case shall the value of Fa

be smaller than 1.1. For purposes of this 

adjustment factor, a sample shall be 

treated as one that can be included in the 

survey only if the fuel was offered for 

sale as motor vehicle diesel fuel subject 

to the 15 ppm sulfur standard under 

§ 80.520(a)(1) at the retail outlet where 

the sample was collected and if an 

appropriate laboratory analysis of this 

fuel is conducted. 

Fb = adjustment factor for the number of 

samples required to resample each retail 

outlet with test results greater than 17 

ppm (resampling), based on the rate of 

resampling required during the previous 

four surveys. However, in no case shall 

the value of Fb be smaller than 1.1. 

Sun = number of surveys per year. For 

purposes of this survey program, Sun

equals 4. 

(B) The number of samples obtained 

from the formula in paragraph 

(e)(4)(v)(A) of this section, after being 

incremented as necessary to allocate 

whole numbers of samples to each 

cluster, shall be distributed 

approximately equally for the surveys 

conducted during the calendar year. 

Within a survey, the samples shall be 

divided approximately equally for the 

three strata. 

(5) Sulfur test result that is one or two 

ppm Greater than the 15 ppm standard 

under § 80.520(a)(1), as adjusted under 

§ 80.580(d). The following provisions 

apply if the tested sulfur level of a 


jlentini on DSKJ8SOYB1PROD with RULESER11MY10.288</MATH>
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26129 

diesel fuel sample collected by the 

independent survey association is one 

or two ppm greater than the 15 ppm 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d). 

(i) Branded refiner or importer. Where 

the sample was collected at a retail 

outlet at which the brand name of a 

refiner or importer is displayed, the 

branded refiner or importer will be 

deemed to have established its defense 

under this section, provided that the 

refiner or importer participates in a 

consortium as described in paragraph 

(e)(1) of this section, and provided that 

the refiner or importer also 

demonstrates the following: 

(A) The sulfur content of the diesel 

fuel at the terminal(s) that most recently 

supplied the retail outlet was no greater 

than 15 ppm prior to adjustment under 

§ 80.580(d) when dispensed for delivery 

to the retail outlet; 

(B) Best efforts and accepted business 

practices are used by parties 

downstream from the refiner or importer 

to avoid diesel fuel contamination. 

These would include, for example, 

procedures for ensuring motor vehicle 

diesel fuel subject to the 15 ppm sulfur 

standard under § 80.520(a)(1) is not 

contaminated in delivery trucks, and 

procedures for ensuring delivery truck 

drivers can identify retail outlet drop 

points for motor vehicle diesel fuel 

subject to the 15 ppm sulfur standard 

under § 80.520(a)(1). 

(C) Upon receiving the notification 

required under paragraph (e)(3)(iv)(A) of 

this section, any pumps supplied by the 

retail storage tank where the 

noncompliant diesel fuel was found 

were shutdown until such time that the 

fuel at issue was retested and the sulfur 

content of the fuel was found to be no 

greater than the 15 ppm standard under 

§ 80.520(a)(1), as adjusted under 

§ 80.580(d). Prior to May 31, 2010, as an 

alternative to shutting down pumps 

supplied by the retail storage tank 

where the noncompliant diesel fuel was 

found, such pumps may be relabeled 

with the language required under 

§ 80.571(b). The steps required in this 

paragraph (e)(5)(i)(C) must be taken as 

soon as practicable after receiving the 

notification required under paragraph 

(e)(3)(iv)(A) of this section, which 

normally will be within the same 

business day, but no longer than twentyfour hours after notification is received 

unless the refiner or importer 

demonstrates this timing is not possible. 

(D) A root cause analysis is performed 

to determine the cause of the 

noncompliant diesel fuel and 

appropriate actions are taken to prevent 

future violations. 

(E) The independent survey 

association samples and retests the 

diesel fuel at the retail outlet during its 

next survey, in addition to the 

scheduled sampling and testing under 

the approved survey program. 

(F) The refiner or importer submits a 

report to EPA no later than 120 days 

following the date the sample was 

collected at the retail outlet, which 

includes the information specified in 

paragraph (e)(7) of this section. 

(G) The refiner or importer supplies 

EPA with copies of the contracts with 

downstream parties specified in 

§ 80.613(b)(2) or the specifications or 

inspections of procedures and 

equipment described in § 80.613(b)(3), 

as appropriate, which are designed to 

prevent the contamination of motor 

vehicle diesel fuel subject to the 15 ppm 

sulfur standard under § 80.520(a)(1). 

(ii) Unbranded refiner or importer. 

Any unbranded refiner or importer that 

is deemed liable under § 80.612(a) for a 

violation of § 80.610(a)(1), concerning 

diesel fuel that is sold, offered for sale, 

or dispensed at a retail outlet and that 

does not meet the applicable sulfur 

content standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), will be 

deemed to have established its defense 

under this section if the unbranded 

refiner or importer is a member of the 

consortium described in paragraph 

(e)(1) of this section and the refiner or 

importer meets the requirements of 

paragraphs (e)(5)(i)(A) through (F) of 

this section. 

(iii) Distributor or retailer. Any 

distributor (e.g., pipeline, terminal 

operator, marketer, truck carrier) or 

retailer that is deemed liable under 

§ 80.612(a) for a violation of 

§ 80.610(a)(1), concerning diesel fuel 

that is sold, offered for sale, or 

dispensed at a retail outlet and that does 

not meet the applicable sulfur content 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), will be 

deemed to have established its defense 

under this section, provided that, within 

two years prior to the time the diesel 

fuel sample was collected by the 

independent survey association, the 

retail outlet had no instances where the 

tested sulfur level of a diesel fuel 

sample was greater than the 15 ppm 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d); and 

(A) Where the retailer displays the 

brand name of a refiner or importer, the 

requirements in paragraphs (e)(5)(i) of 

this section are met by the branded 

refiner or importer; or 

(B) Where the branded refiner or 

importer has elected not to participate 

in a consortium as described in 

paragraph (e)(1) of this section, or where 

the retailer does not display the brand 

name of a refiner or importer, the 

distributor or retailer is a member of the 

consortium described in paragraph 

(e)(1) of this section and the distributor 

or retailer meets the requirements in 

paragraphs (e)(5)(i)(A) through (F) of 

this section. 

(C) If within two years prior to the 

time the diesel fuel sample was 

collected by the independent survey 

association, the retail outlet had an 

instance where the tested sulfur level of 

a diesel fuel sample was greater than the 

15 ppm standard under § 80.520(a)(1), 

as adjusted under § 80.580(d), any 

distributor or retailer that is deemed 

liable for a violation under § 80.612 will 

be deemed to have established its 

defense under this section if the party 

meets the requirements under paragraph 

(e)(5)(iii)(A) or (B) of this section (in lieu 

of the requirement in paragraph 

(a)(1)(iii) of this section), and the party 

meets the requirements under 

paragraphs (a)(1)(i), (a)(1)(ii), and (c) of 

this section. 

(6) Sulfur test result that is three or 

more ppm Greater than the 15 ppm 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d). The 

following provisions apply if the tested 

sulfur level of a diesel fuel sample 

collected by the independent survey 

association is three or more ppm greater 

than the 15 ppm standard under 

§ 80.520(a)(1), as adjusted under 

§ 80.580(d): 

(i) Branded refiner or importer. Any 

branded refiner or importer that is 

deemed liable under § 80.612(a) for a 

violation of § 80.610(a)(1), concerning 

diesel fuel that is sold, offered for sale, 

or dispensed at a retail outlet and that 

does not meet the applicable sulfur 

content standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), will be 

deemed to have established its defense 

under this section if the refiner or 

importer meets the requirements under 

paragraph (e)(5)(i) of this section and 

meets the requirements under 

paragraphs (a)(1)(i), (a)(1)(ii), (b)(1), 

(b)(2), (b)(3), and (c) of this section. 

(ii) Unbranded refiner or importer. 

Any unbranded refiner or importer that 

is deemed liable under § 80.612(a) for a 

violation of § 80.610(a)(1), concerning 

diesel fuel that is sold, offered for sale, 

or dispensed at a retail outlet and that 

does not meet the applicable sulfur 

content standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), will be 

deemed to have established its defense 

under this section if the refiner or 

importer meets the requirements under 

paragraph (e)(5)(ii) of this section and 

meets the requirements under 


jlentini on DSKJ8SOYB1PROD with RULES
26130 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 

paragraphs (a)(1)(i), (a)(1)(ii), (a)(1)(iv), 

and (c) of this section. 

(iii) Distributor or retailer. Any 

distributor or retailer that is deemed 

liable under § 80.612(a) for a violation of 

§ 80.610(a)(1), concerning diesel fuel 

that is sold, offered for sale, or 

dispensed at a retail outlet and that does 

not meet the applicable sulfur content 

standard under § 80.520(a)(1), as 

adjusted under § 80.580(d), will be 

deemed to have established its defense 

under this section if the requirements 

under paragraph (e)(5)(iii)(A) or (B) of 

this section, as appropriate, are met, and 

the distributor or retailer meets the 

requirements under paragraphs (a)(1)(i), 

(a)(1)(ii), and (c) of this section. 

Distributors that blend a diesel fuel 

additive subject to the requirements of 

§ 80.521(b) into motor vehicle diesel 

fuel subject to the 15 ppm sulfur 

standard under § 80.520(a) must also 

meet the requirement under paragraph 

(a)(1)(iv) of this section. 

(7) Report regarding motor vehicle 

diesel fuel subject to the 15 ppm sulfur 

standard under § 80.520(a)(1) with high 

sulfur content. The report that is 

required to be submitted to EPA under 

paragraph (e)(5)(i)(F) of this section 

shall contain the following information: 

(i) The name, address and contact 

information for the regulated party 

submitting the report; 

(ii) The name, address and contact 

information for the retail outlet where 

the high sulfur diesel fuel was found; 

(iii) The brand name of the refiner or 

importer displayed at the retail outlet, if 

any; 

(iv) The date of sampling, the analysis 

results, and the label that appeared on 

the pump where the sample was 

collected. 

(v) For each of the most recent three 

deliveries (i.e., the three deliveries that 

immediately preceded the taking of the 

violating sample) of diesel fuel to the 

retail outlet storage tank at issue, or the 

most recent five deliveries if the cause 

of the violation is not demonstrated 

following analysis of the most recent 

three deliveries: 

(A) A copy of the product transfer 

documents for the delivery; 

(B) The name, address and contact 

information for the terminal and truck 

distributor that supplied the diesel fuel; 

(C) The date of delivery and the 

volume of diesel fuel delivered; 

(D) The designation of the diesel fuel 

on the product transfer document; 

(E) The test results (or other evidence 

of the diesel sulfur content) for the 

diesel fuel in the terminal tank from 

which the delivery truck was loaded, 

and copies of the test result reports; and 

(F) A description of the procedures 

used by the truck distributor to avoid 

diesel contamination (e.g., dedicated 

trucks). 

(vi) A description of any actions taken 

to prevent sale of the noncompliant 

diesel fuel, including: 

(A) The date and time the regulated 

party was notified of the high sulfur test 

result, the date and time the retailer was 

notified, and the date and time the sale 

of motor vehicle diesel fuel subject to 

the 15 ppm sulfur standard under 

§ 80.520(a)(1) was suspended; 

(B) A description of the actions taken 

to prevent sale of the noncompliant 

diesel fuel; and 

(C) The date and time that sales of 

motor vehicle diesel fuel subject to the 

15 ppm sulfur standard under 

§ 80.520(a)(1) from the retail storage 

tank at issue were resumed, the results 

of the test used to establish the fuel met 

applicable standards, and a copy of the 

test result report. 

(vii) A description of the root-cause 

analysis required in paragraph 

(e)(5)(i)(D) of this section, including: 

(A) A description of the investigation 

conducted to determine the root-cause 

of the noncompliant diesel fuel, and the 

conclusions reached as a result of this 

investigation; and 

(B) A description of the steps taken to 

prevent future problems from the 

identified cause. 

(8) Summary survey reports. The 

quarterly and annual summary survey 

reports required under paragraph 

(e)(3)(v) of this section shall include the 

following information: 

(i) The identification of each sampling 

area included in a survey and the dates 

that the samples were collected in that 

area; 

(ii) For each retail outlet sampled: 

(A) The identification of the retail 

outlet; 

(B) The refiner or importer brand 

name displayed, if any; 

(C) The pump labeling; and 

(D) The sample test result. 

(iii) Sulfur level summary statistics by 

brand and unbranded for each sampling 

area, strata, survey and annual survey 

series. These summary statistics shall: 

(A) Include the number of samples, 

and the average, median and range of 

sulfur levels; and 

(B) Be provided separately for the 

diesel fuel samples from pumps labeled 

as dispensing motor vehicle diesel fuel 

subject to the 15 ppm sulfur standard 

under § 80.520(a)(1), motor vehicle 

diesel fuel subject to the 500 ppm sulfur 

standard under § 80.520(c), and pumps 

that are not labeled. 

(iv) The quarterly reports required 

under this paragraph (e)(8) are due sixty 

days following the end of the quarter. 

The annual reports required under this 

paragraph (e)(8) are due sixty days 

following the end of the calendar year. 

(v) The reports required under this 

paragraph (e)(8) shall be submitted to 

EPA in both electronic spreadsheet and 

hard copy form. 

(9) EPA inspections. If EPA inspects 

any facility and determines that the 

sulfur content of diesel fuel exceeds the 

15 ppm standard under § 80.520(a)(1), 

as adjusted under § 80.580(d), liability 

for such sulfur content violation under 

§ 80.612 will be treated as provided in 

paragraph (e)(6) of this section for 

branded refiners or distributors that 

participate in the consortium under this 

paragraph (e). Any other party deemed 

liable for a violation under § 80.612 

must establish a defense under 

paragraphs (a) through (d) of this 

section, as applicable. 

(10) Procedures for obtaining 

approval of survey plan. The procedure 

for obtaining EPA approval of a survey 

plan under this paragraph (e), and for 

revocation of such approval, is as 

follows: 

(i) A survey plan that complies with 

the requirements of this paragraph (e) 

must be submitted to EPA no later than 

November 1 of the year preceding the 

calendar year in which the surveys will 

be conducted; 

(ii) The survey plan must be signed by 

a responsible officer of the consortium 

which arranges to have an independent 

surveyor conduct the survey program; 

(iii) The survey plan must be sent to 

the following address: Director, 

Compliance and Innovative Strategies 

Division, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW. 

Mail Code 6506J, Washington, DC 

20460; 

(iv) EPA will send a letter to the party 

submitting a survey plan under this 

section, either approving or 

disapproving the survey plan; 

(v) EPA may revoke any approval of 

a survey plan under this section for 

cause, including an EPA determination 

that the approved survey plan has 

proved to be inadequate in practice or 

that it was not diligently implemented; 

(vi) The approving official for a 

survey plan under this section is the 

Director of the Compliance and 

Innovative Strategies Division, Office of 

Transportation and Air Quality. 

(vii) Any notifications or reports 

required to be submitted to EPA under 

this paragraph (e) must be directed to 

the official designated in paragraph 

(e)(10)(vi) of this section. 

(11) Independent surveyor contract. 

(i) No later than December 1 of the year 

preceding the year in which the surveys 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Rules and Regulations 26131 

will be conducted, the contract with the 

independent surveyor shall be in effect, 

and an amount of money necessary to 

carry out the entire survey plan shall be 

paid to the independent surveyor or 

placed into an escrow account with 

instructions to the escrow agent to pay 

the money to the independent surveyor 

during the course of the conduct of the 

survey plan. 

(ii) No later than December 15 of the 

year preceding the year in which the 

surveys will be conducted, EPA must 

receive a copy of the contract with the 

independent surveyor, proof that the 

money necessary to carry out the survey 

plan has either been paid to the 

independent surveyor or placed into an 

escrow account, and, if placed into an 

escrow account, a copy of the escrow 

agreement, to be sent to the official 

designated in paragraph (e)(10)(vi) of 

this section. 

(12) Failure to fulfill requirements. A 

failure to fulfill or cause to be fulfilled 

any of the requirements of this 

paragraph (e) will cause the option to 

use the alternative quality assurance 

requirement under this paragraph (e) to 

be void ab initio. 

■ 3. Section 80.1339 is amended by 

revising paragraph (e)(4) to read as 

follows: 

§ 80.1339 Who is not eligible for the 

provisions for small refiners? 

* * * * * 

(e) * * * 

(4) During the period provided under 

paragraph (e)(2) of this section, and any 

extension provided under paragraph 

(e)(3) of this section, the refiner may not 

generate gasoline benzene credits under 

§ 80.1275(b)(3) for any of its refineries 

where under § 80.1342 the refiner was 

previously allowed to defer compliance 

with the standards in §§ 80.1230(a) and 

80.1230(b). 

* * * * * 

[FR Doc. 2010–10915 Filed 5–10–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2009–0654; FRL–9146–8] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region II is publishing a 

direct final Notice of Deletion of the 

Asbestos Dump Superfund Site (Site), 

located in Long Hill Township and 

Harding Township, New Jersey, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

New Jersey, through the New Jersey 

Department of Environmental Protection 

(NJDEP), because EPA has determined 

that all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This direct final deletion is 

effective July 12, 2010 unless EPA 

receives adverse comments by June 10, 

2010. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2009–0654, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: hwilka.theresa@epa.gov: 

Theresa Hwilka, Remedial Project 

Manager; seppi.pat@epa.gov: Pat Seppi, 

Community Involvement Coordinator. 

• Fax: 212–637–4429. 

• Mail: Theresa Hwilka, Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region II, 

Emergency & Remedial Response 

Division, 290 Broadway, 19th Floor, 

New York, NY 10007; or Pat Seppi, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency, 

Region II, Public Affairs Division, 290 

Broadway, 26th Floor, New York, NY 

10007. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region II, 

Emergency & Remedial Response 

Division, 290 Broadway, 19th Floor, 

New York, NY 10007. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2009– 

0654. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statue. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in the hard copy. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Region II, Superfund Records Center, 

290 Broadway, Room 1828. (212) 637– 

4308. 

Hours: 9 a.m. to 5 p.m., Monday 

through Friday; and at Long Hill 

Township Public Library, 917 Valley 

Road, Gillette, New Jersey 07933. (908) 

647–2088. 

Hours: 10 a.m. to 9 p.m., Monday 

through Thursday. 10 a.m. to 5 p.m., 

Friday and Saturday. 1 p.m. to 5 p.m., 

Sunday (Closed on Sundays in July and 

August). 

FOR FURTHER INFORMATION CONTACT: 

Theresa Hwilka, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region II, 290 Broadway, New 


jlentini on DSKJ8SOYB1PROD with RULES