Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 26165 

is under review by the Under Secretary. 

The director will provide the individual 

who made the request written notice of 

the Under Secretary’s decision. 

(Authority: 38 U.S.C. 501) 

[FR Doc. 2010–11170 Filed 5–10–10; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2007–1158; FRL–9147–5] 

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: Proposed Rule. 

SUMMARY: EPA is issuing a proposed 

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 rule 

also proposes to amend the gasoline 

benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners. 

DATES: Comments: Comments must be 

received on or before June 10, 2010. 

Under the Paperwork Reduction Act, 

comments on the information collection 

provisions must be received by OMB on 

or before June 10, 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. 

Comments should be submitted 

according to the detailed instructions in 

the ADDRESSES section of the 

corresponding Direct Final Rule located 

in the ‘‘Rules’’ section of this Federal 

Register. 

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: 

I. Why is EPA issuing this proposed 

rule? 

EPA is issuing a proposed 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 

rule also proposes to amend the gasoline 

benzene regulations to allow 

disqualified small refiners the same 

opportunity to generate gasoline 

benzene credits as that afforded to nonsmall refiners. 

We have also published a direct final 

rule to make these same amendments in 

the ‘‘Rules and Regulations’’ section of 

this Federal Register because we view 

this as a non-controversial action and 

anticipate no adverse comment. We 

have explained our reasons for this 

action in the preamble to the direct final 

rule. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. 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 of the 

direct final rule we are withdrawing. 

The provisions that are not withdrawn 

will go into effect on the effective date 

noted in the DATES section of the direct 

final rule, notwithstanding adverse 

comment on any other provision. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on the action. Any 

parties interested in commenting must 

do so at this time. 

The regulatory text for the proposal is 

identical to that for the direct final rule 

and is published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

II. 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). 

bStandard 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 questions 

regarding applicability of this action to 

a particular entity, consult the person in 

the preceding FOR FURTHER INFORMATION

CONTACT section. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
26166 Federal Register / Vol. 75, No. 90 / Tuesday, May 11, 2010 / Proposed Rules 

III. Statutory and Executive Order 

Reviews 

For a complete discussion of all the 

administrative requirements applicable 

to this action, see Section IV in the 

direct final rule amending the diesel 

sulfur regulations and gasoline benzene 

regulations in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. The following discussion is 

related to the information collection 

requirements under the Paperwork 

Reduction Act. 

The modifications to the diesel sulfur 

information collection requirements in 

this 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 requirements 

are not enforceable until OMB approves 

them. 

This proposed 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 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. 

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. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

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. When 

this ICR is approved by OMB, the 

Agency will publish a technical 

amendment to 40 CFR part 9 in the 

Federal Register to display the OMB 

control number for the approved 

information collection requirements 

contained in this direct final rule. 

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. The amendment to the 

gasoline benzene regulations does not 

impose any new information collection 

burden. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing gasoline benzene regulations at 

40 CFR part 80, subpart L, under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0277. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

IV. Statutory Provisions and Legal 

Authority 

Statutory authority for the fuel 

controls set in this proposed 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. 

[FR Doc. 2010–10909 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–9146–7] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is issuing a 

Notice of Intent to Delete the Asbestos 

Dump Superfund Site (Site) located in 

Meyersville, New Jersey, from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of New Jersey, through the 

New Jersey Department of 

Environmental Protection (NJDEP), have 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

June 10, 2010. 

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, 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1