[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 40889-40899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13781]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[AMS-FRL-7937-3]
RIN 2060-AN19
Control of Emissions of Air Pollution From Diesel Fuel
AGENCY: Environmental Protection Agency (EPA).
[[Page 40890]]
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to correct, amend, and
revise certain provisions of the Highway Diesel Rule adopted on January
18, 2001 (66 FR 5002), and the Nonroad Diesel Rule on June 29, 2004 (69
FR 38958). First, it makes minor corrections to clarify the regulations
governing compliance with the diesel fuel standards. These minor
corrections focus primarily on the Nonroad Rule, however, some may
affect provisions contained in the Highway Rule that were overlooked at
the time the Nonroad Rule was finalized. Second, it amends the
designate and track provisions to account for companies within the fuel
distribution system that perform more than one function related to fuel
production and/or distribution. This will alleviate the problem of
inaccurate volume balances due to a company performing multiple
functions. Finally, with respect to the generation of fuel credits, it
revises the regulatory text to allow refiners better access to early
highway diesel fuel credits. The intention of this amendment is to help
ensure a smooth transition to ultra low-sulfur diesel fuel nationwide.
DATES: This direct final rule is effective on August 29, 2005 without
further notice, unless we receive adverse comments by August 15, 2005
or receive a request for a public hearing by August 1, 2005. As
explained in section II below, we do not expect to hold a public
hearing, however, if we receive such request we will publish
information related to the timing and location of the hearing and the
timing of a new deadline for public comments. If any adverse comments
or requests for a hearing are received within the time frame described
above, EPA will publish a timely withdrawal in the Federal Register
informing the public that this rule will not take effect.
ADDRESSES: Comments: All comments and materials relevant to this action
should be submitted to Public Docket No. OAR-2005-0134 at the following
address: U.S. Environmental Protection Agency (EPA), Air Docket (6102),
Room M-1500, 401 M Street, SW., Washington, DC 20460. Materials related
to this rulemaking are available at EPA's Air Docket for review at the
above address (on the ground floor in Waterside Mall) from 8 a.m. to
5:30 p.m., Monday through Friday, except on government holidays. You
can reach the Air Docket by telephone at (202) 260-7548 and by
facsimile at (202) 260-4400. You may be charged a reasonable fee for
photocopying docket materials, as provided in 40 CFR part 2.
FOR FURTHER INFORMATION CONTACT: Tia Sutton, U.S. EPA, National Vehicle
and Fuels Emission Laboratory, Assessment and Standards Division, 2000
Traverwood, Ann Arbor, MI 48105; telephone (734) 214-4018, fax (734)
214-4816, e-mail [email protected] or Emily Green, see address above;
telephone (734) 214-4639, fax (734) 214-4816, e-mail
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
This action will affect companies and persons that produce, import,
distribute, or sell highway and/or nonroad diesel fuel. Affected
Categories and entities include the following:
------------------------------------------------------------------------
Examples of potentially
Category NAICS code a affected entities
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Industry....................... 324110 Petroleum refiners.
Industry....................... 422710 Diesel fuel marketers
and distributors.
Industry....................... 484220 Diesel fuel carriers.
------------------------------------------------------------------------
a North American Industry Classification System (NAICS)
This list is not intended to be exhaustive, but rather provides a
guide regarding entities likely to be affected by this action. To
determine whether particular activities may be affected by this action,
you should carefully examine the regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of This Document?
1. Docket. EPA has established an official public docket for this
action under Air Docket No. OAR-2005-0134. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
restricted from disclosure by statute. The official public docket is
the collection of materials that is available for public viewing at the
Air Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
2. Electronic Access. This direct final rule is available
electronically from the EPA Internet Web site. This service is free of
charge, except for any cost incurred for Internet connectivity. The
electronic version of this final rule is made available on the date of
publication on the primary Web site listed below. The EPA Office of
Transportation and Air Quality also publishes Federal Register notices
and related documents on the secondary Web site listed below.
a. http://www.epa.gov/docs/fedrgstr/EPA-AIR (either select desired
date or use Search features).
b. http://www.epa.gov/otaq (look in What's New or under the
specific rulemaking topic).
Please note that due to differences between the software used to
develop the documents and the software into which the document may be
downloaded, format changes may occur.
C. Why Is EPA Proposing a Direct Final Rule?
EPA is publishing this rule without prior proposal because we view
this action as noncontroversial and anticipate no adverse comment.
However, in the ``Proposed Rules'' section of today's Federal Register
publication, we are publishing a separate document that will serve as
the proposal to adopt the provisions in this direct final rule if
adverse comments are filed. If EPA receives adverse comment on one or
more distinct amendment, paragraph, or section of this rulemaking, or
receives a request for a hearing within the time frame described above,
we will publish a timely withdrawal in the Federal Register indicating
which provisions are being withdrawn due to adverse comment. We will
address all public comments received in a subsequent final rule based
on the proposed rule. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. Any distinct
[[Page 40891]]
amendment, paragraph, or section of today's rulemaking for which we do
not receive adverse comment will become effective as indicated in the
DATES section above, notwithstanding any adverse comment on any other
distinct amendment, paragraph, or section of today's rule.
D. How and To Whom Do I Submit Comments?
You may submit comments on this direct final rule as described in
this section. You should note that we are also publishing a notice of
proposed rulemaking in the ``Proposed Rules'' section of today's
Federal Register, which matches the substance of this direct final
rule. Your comments on this direct final will be considered to also be
applicable to that notice of proposed rulemaking. You may submit
comments electronically, by mail, by facsimile, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM and in any other accompanying materials to ensure
that you can be identified as the submitter of the comment. It is EPA's
policy that we will not edit your comment, and any identifying or
contact information provided will allow EPA to contact you if we cannot
read your comment due to technical difficulties or need further
information on the substance of your comment. If EPA cannot contact you
in these circumstances, we may not be able to consider your comment.
Contact information provided in the body of the comment will be
included as part of the comment placed in the official public docket
and made available in EPA's electronic public docket.
i. EPA dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in Docket ID No.
OAR-2005-0134. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in ADDRESSES above.
These electronic submissions will be accepted in WordPerfect or ASCII
file format. Avoid the use of special characters and any form of
encryption.
2. By Mail. Send two copies of your comments to: Air Docket,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. OAR-2005-0134.
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, Room B102, EPA West Building, 1301 Constitution Avenue,
NW., Washington, DC, Attention Air Docket ID No. OAR-2005-0134. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified above.
4. By Facsimile. Fax your comments to: (202) 566-1741, Attention
Docket ID. No. OAR-2005-0134.
II. Summary of Rule
On January 18, 2001, we published the final Highway Rule (66 FR
5002) which is a comprehensive national program to greatly reduce
emissions from diesel engines by integrating engine and fuel controls
as a system to gain the greatest air quality benefits. Subsequently, we
adopted the Nonroad Rule (69 FR 38958) on June 29, 2004 which took a
similar approach covering nonroad diesel equipment and fuel to further
the goal of decreasing harmful emissions. After promulgation of these
rules, we discovered several typographical errors and it also became
evident that several additions or deletions were necessary to clarify
portions of the regulations. This rule corrects those errors and serves
to clarify the regulations to facilitate compliance.
Along with these minor clarifications, the rule also modifies the
text of the designate and track provisions to include provisions for
companies that perform more than one function in the fuel system. For
example, as these provisions are currently written, fuel distributers
are only required to report on the volumes of fuel received and
delivered. If the same company also produces fuel internally (acts as a
refiner or importer), its receipts and deliveries reported will not
balance. This rule will allow such companies to balance their volume
reports in compliance with the designate and track regulations.
Finally, this rule revises the regulatory text of the Nonroad Rule to
allow refiners greater access to early fuel credits. The purpose of
this change is to ensure a smooth transition to ultra low-sulfur diesel
fuel nationwide.
Because EPA views the provisions of the action as noncontroversial
and does not expect adverse comment, it is appropriate to proceed by
direct final rulemaking. If we receive adverse comment on one or more
distinct amendments, paragraphs, or sections of this rulemaking, or
receive a request for hearing within the time frame described above, we
will publish a timely withdrawal in the Federal Register indicating
which provisions will become effective and which provisions are being
withdrawn due to adverse comment. Any distinct amendment, paragraph, or
section of today's rulemaking for which we do not receive adverse
comment will become effective on the date set out above,
notwithstanding any adverse comment on any other distinct amendment,
paragraph, or section of today's rule.
III. Final Rulemaking Clarifications and Other Minor Corrections
Table III-1, below, describes the rule clarifications and minor
corrections that this rule is establishing.
Table III-1.--Rule Clarifications and Minor Corrections
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Description of clarification or
Section correction
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Sec. 80.510(h).................. Revised to change ``and'' to ``or''
for clarity.
Sec. 80.525(a).................. Revised to clarify that nonroad 15
ppm sulfur fuel is included in this
provision.
Sec. 80.525(c).................. Revised to cite to nonroad
downstream standards for
consistency.
Sec. 80.531(a)(2)............... Revised to correct text in formula.
Sec. 80.550(b)(3)............... Revised to correct the date ``2003''
to ``2002.''
[[Page 40892]]
Sec. 80.551(f).................. Revised to change the application
subsection from 80.550(e) to
80.550(d) and add clarification
that approval is based on
information submitted under
paragraph (c)(ii).
Sec. 80.580(c)(1)............... Revised to correct the cross
reference as follows: ``(a)(2)'' to
``(b)(1).''
Sec. 80.580(c)(2)(i)............ Revised to correct the cross
reference as follows: (a)(2)(ii)''
to ``(b)(2).''
Sec. 80.586..................... Revised to correct a typographical
error in the heading.
Sec. 80.590(a)(6)(i)............ Revised to add text for clarity.
Sec. 80.591(b)(3)............... Revised to add language for label
clarity.
Sec. 80.594(b)(2)............... Revised to add text clarifying that
only 95 percent of fuel must meet
the 15 ppm sulfur standard by June
1, 2006 and to add the word ``the''
for clarity.
Sec. 80.595(a).................. Revised to add text that would
include small refiners in certain
circumstances.
Sec. 80.595(b).................. Revised to delete unnecessary text
for clarity.
Sec. 80.596(a).................. Revised to add text to clarify unit
of measurement in formula.
Sec. 80.599(a) and (a)(1)....... Revised to change the dates for
quarterly and annual compliance
periods for consistency with the
preamble (69 FR 39100, June 29,
2004) and section 80.601.
Sec. 80.599(b)(4)............... Revised to change text to clarify
components of formula.
Sec. 80.604(d)(5)............... Revised to remove this batch
reporting requirement to maintain
consistency with EPA's response to
comments, May 2004, p. 10-32,
10.3.3.3.
Sec. 80.613(a)(1)............... Revised to add language clarifying
that each element in the list must
be demonstrated, as applicable, to
avoid liability under this section.
pg. 39064 (...4.a.)............... Revised to correct the text ``Where
Credit500 Limit = ...'' to ``Where
CreditHS Limit = ...''
pg. 39046 (...4.b.)............... Revised to add the value for
Vol15hwy as follows: ``Vol15hwy =
Volume of 15 ppm sulfur diesel fuel
produced and designated as
highway.''
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IV. Final Rulemaking Corrections to Designate and Track Regulations
Table III-2, below, describes the changes to the Designate and
Track regulations that this rule is establishing.
Table III-2.--Corrections to the Designate and Track Regulations
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Description of clarification or
Section correction
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Sec. 80.599(b)(1), (b)(2), Revised to add text clarifying that,
(c)(1), (c)(3), (d)(1) and (d)(2). for purposes of calculation, total
volume includes fuel ``produced by
or imported into the facility.''
Sec. 80.599(e)(2)-(e)(5)........ Revised to modify the existing value
``l'' to clarify that imported fuel
is considered fuel produced rather
than fuel received and to add a
separate value (P) to account for
total volume of fuel ``produced by
or imported into the facility.''
Sec. 80.600(a)(6)............... Revised to add text clarifying that
batch records must include
identification as to whether the
batch was received into, produced
by, imported into or delivered from
the facility.
Sec. 80.600(a)(13).............. Revised to add paragraph (a)(13)
clarifying that ``[r]efiners and
importers that receive fuel from
another facility must also comply
with the requirements of paragraph
(b) separately for those volumes.''
Sec. 80.600(b)(1) and (b)(1)(i)- Revised to add text clarifying that
(b)(1)(v). recordkeeping requirements also
apply to batches of fuel produced
at the facility.
Sec. 80.600(b)(2) and (b)(3).... Revised to add text clarifying that
an accurate batch identification
includes an indication whether the
batch was produced by or imported
into the facility, where
applicable.
Sec. 80.601(a)(2)............... Revised to add paragraph (a)(2)(i)
using the existing text and add
paragraph (a)(2)(ii) to include the
total volume of fuel produced or
imported by the facility.
Sec. 80.601(a)(4)(iii)- Revised to add paragraph (a)(4)(iii)
(a)(4)(vi). to require reporting of total
volumes produced or imported at
truck loading terminals and to
redesignate the subsequent
provisions for consistency.
Sec. 80.601(b).................. Revised to correct the cross
reference ``(e)(2)'' to ``(d)(2).''
Sec. 80.601(b)(1)............... Revised to add paragraph (b)(1)(i)
using the existing text and add
paragraph (b)(1)(ii) to include the
total volume of fuel produced or
imported by the facility.
Sec. 80.601(b)(3)............... Revised to add a new paragraph
(b)(3)(ii) requiring annual
reporting of certain fuels produced
or imported at the facility and to
redesignate the subsequent
provisions for consistency.
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V. Final Rulemaking Changes to Motor Vehicle Diesel Fuel Credits
During the development of the Highway Rule, a number of provisions
were included to ensure widespread availability of the mandated Ultra-
Low Sulfur Diesel (ULSD, 15 ppm sulfur fuel) at the commencement of the
program. Section 80.531 of the Highway Rule contains one such provision
providing refiners a credit for early production of ULSD. It uses a
tiered structure to prohibit a potential surplus of credits that could
delay availability of ULSD to the 2007 model year vehicles.
The ability to generate early credits is limited by restrictions
contained in the regulatory text. Section 80.531(c)(1) contains one
such restriction providing that a refiner or importer may only generate
credits for each gallon of ULSD dispensed at retail outlets or at
wholesale-purchaser consumer facilities from June 1, 2005 through May
31, 2006. In effect, this language curtails credit production by
providing credit to refiners only for volumes delivered to retail as 15
ppm rather than the volumes produced. Thus, if the distribution
[[Page 40893]]
system was unable to deliver it as 15 ppm, no credit would be given.
Since the rule was finalized, however, concern over ULSD
availability has subsided. Refiners' precompliance reports indicate
that as of June 1, 2006, ninety-five percent of diesel fuel will be
produced at the ULSD standard, well in excess of the required eighty
percent. Simultaneously, concerns have arisen with respect to the
smooth transition of the fuel distribution system to ULSD on June 1,
2006. Pipelines and terminals are currently seeking batches of ULSD
from refiners to work through possible contamination issues prior to
commencement of the program, but finding it difficult to obtain them.
The limitations imposed on the generation of early credits, coupled
with the cost of early ULSD production, create an economic disincentive
for refiners to produce this fuel for use in testing the fuel
distribution system. Allowing refiners better access to early credits
would provide additional economic incentive for production and, hence,
supply the fuel necessary to test the ability of the distribution
system to effectively deliver the fuel on specification. For this
reason, we are now allowing refiners to claim credit for the entire
volume of ULSD delivered into the distribution system beginning May 1,
2005.
Table III-3.--Changes to Motor Vehicle Diesel Fuel Credit Regulations
------------------------------------------------------------------------
Description of clarification or
Section correction
------------------------------------------------------------------------
Sec. 80.531(c).................. Revised to allow refiners increased
incentive to produce ULSD fuel for
the distribution system.
Sec. 80.531(c)(2)(i)............ Revised to change the date for
providing notice of intent to
generate early credits for
consistency with amended credit
provisions.
Sec. 80.531(d)(1)............... Revised to restrict cross reference
for consistency with amended credit
provisions.
Sec. 80.531(d)(4)............... Revised to remove the plan
requirements specified in paragraph
(d)(4) for consistency with amended
credit provisions.
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VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency is required to determine whether this regulatory action would be
``significant'' and therefore subject to review by the Office of
Management and Budget (OMB) and the requirements of the Executive
Order. The order defines a ``significant regulatory action'' as any
regulatory action that is likely to result in a rule that may:
Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients thereof; or,
Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, EPA has determined
that this final rule is not a ``significant regulatory action'' as it
merely corrects several typographical errors, modifies the designate
and track regulations to account for companies that perform more than
one function, and provides increased incentive for early compliance
with the ultra low-sulfur diesel fuel requirements. There are no new
costs associated with this rule. Therefore, this final rule is not
subject to the requirements of Executive Order 12866. A Final
Regulatory Support Document was prepared in connection with the
original regulations for the Highway Rule and Nonroad Rule as
promulgated on January 18, 2001 and June 29, 2004, respectively, and we
have no reason to believe that our analyses in the original rulemakings
were inadequate. The relevant analyses are available in the docket for
the January 18, 2001 rulemaking (A-99-061) and the June 29, 2004
rulemaking (OAR-2003-0012 and A-2001-28) \1\ and at the following
Internet address: http://www.epa.gov/cleandiesel. The original action
was submitted to the Office of Management and Budget for review under
Executive Order 12866.
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\1\ During the course of the Nonroad Rule, the Agency converted
from the legacy docket system to the current electronic docket
system (EDOCKET).
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B. Paperwork Reduction Act
This action does not impose any new information collection burden,
as it merely corrects several typographical errors, modifies the
designate and track regulations to account for companies that perform
more than one function, and provides increased incentive for early
compliance with the ultra low-sulfur diesel fuel requirements. However,
the Office of Management and Budget (OMB) has previously approved the
information collection requirements for the original Highway Rule (66
FR 5002, January 18, 2001) and the Nonroad Rule (69 FR 38958, June 29,
2004) and has assigned OMB control number 2060-0308 (EPA ICR
1718). A copy of the OMB approved Information Collection
Request (ICR) may be obtained from Susan Auby, Collection Strategies
Division; U.S. Environmental Protection Agency (2822T); 1200
Pennsylvania Avenue, NW., Washington, DC 20460 or by calling (202) 566-
1672.
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.
C. Regulatory Flexibility Act
EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this direct final rule. EPA has
also determined that this rule will not have a significant economic
impact on a substantial number of small entities. For
[[Page 40894]]
purposes of assessing the impacts of this final rule on small entities,
a small entity is defined as: (1) A small business as defined by the
Small Business Administration's (SBA) size standards 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. This direct final rule merely corrects several
typographical errors, modifies the designate and track regulations to
account for companies that perform more than one function, and provides
increased incentive for early compliance with the ultra low-sulfur
diesel fuel requirements.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation of why such
an alternative was adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed a small government agency plan
under section 203 of the UMRA. The plan must provide for the following:
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
This rule contains no Federal mandates for State, local, or tribal
governments as defined by the provisions of Title II of the UMRA. The
rule imposes no enforceable duties on any of these governmental
entities. Nothing in the rule would significantly or uniquely affect
small governments. EPA has determined that this rule contains no
federal mandates that may result in expenditures of more than $100
million to the private sector in any single year. This direct final
rule merely corrects several typographical errors, modifies the
designate and track regulations to account for companies that perform
more than one function, and provides increased incentive for early
compliance with the ultra low-sulfur diesel fuel requirements. The
requirements of UMRA therefore do not apply to this action.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' are defined in the
Executive Order to include regulations that 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.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, imposes substantial direct
compliance costs, and is not required by statute. However, if the
Federal Government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the regulation, these restrictions do not apply. EPA also
may not issue a regulation that has federalism implications and that
preempts State law, unless the Agency consults with State and local
officials early in the process of developing the regulation.
Section 4 of the Executive Order contains additional requirements
for rules that preempt State or local law, even if those rules do not
have federalism implications (i.e., the rules 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). Those
requirements include providing all affected State and local officials
notice and an opportunity for appropriate participation in the
development of the regulation. If the preemption is not based on
express or implied statutory authority, EPA also must consult, to the
extent practicable, with appropriate State and local officials
regarding the conflict between State law and Federally protected
interests within the agency's area of regulatory responsibility.
This rule 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 direct final rule merely
corrects several typographical errors, modifies the designate and track
regulations to account for companies that perform more than one
function, and provides increased incentive for early compliance with
the ultra low-sulfur diesel fuel requirements. Although Section 6 of
Executive Order 13132 did not apply to the Highway Rule (66 FR 5002) or
the Nonroad Rule (69 FR 38958), EPA did consult with representatives of
various State and local governments in developing these rules. EPA has
also consulted representatives from STAPPA/ALAPCO, which represents
state and local air pollution officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.''
This rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on
[[Page 40895]]
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
This rule does not uniquely affect the communities of Indian tribal
governments. Further, no circumstances specific to such communities
exist that would cause an impact on these communities beyond those
discussed in the other sections of this rule. This direct final rule
merely corrects several typographical errors, modifies the designate
and track regulations to account for companies that perform more than
one function, and provides increased incentive for early compliance
with the ultra low-sulfur diesel fuel requirements. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Children's Health Protection
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that (1) is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, Section 5-501 of the Order directs the Agency to
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
This rule is not subject to the Executive Order because it is not
economically significant, and does not involve decisions on
environmental health or safety risks that may disproportionately affect
children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (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. This
direct final rule merely corrects several typographical errors,
modifies the designate and track regulations to account for companies
that perform more than one function, and provides increased incentive
for early compliance with the ultra low-sulfur diesel fuel
requirements.
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, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless doing so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (such as 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 direct final rule does not involve technical standards. It
merely corrects several typographical errors, modifies the designate
and track regulations to account for companies that perform more than
one function, and provides increased incentive for early compliance
with the ultra low-sulfur diesel fuel requirements. Thus, we have
determined that the requirements of the NTTAA do not apply.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as amended 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 Congress and the Comptroller General of the United
States. We will submit a 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 before 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) and will become
effective August 29, 2005.
VII. Statutory Provisions and Legal Requirements
The statutory authority for this action comes from sections 211(c)
and (i) of the Clean Air Act as amended 42 U.S.C. 7545(c) and (i). This
action is a rulemaking subject to the provisions of Clean Air Act
section 307(d). See 42 U.S.C. 7606(d)(1). Additional support for the
procedural and enforcement related aspects of the rule comes from
sections 144(a) and 301(a) of the Clean Air Act. 42 U.S.C. 7414(a) and
7601(a).
List of Subjects in 40 CFR Part 80
Fuel additives, Gasoline, Imports, Labeling, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.
Dated: July 6, 2005.
Stephen L. Johnson,
Administrator.
0
For the reasons set forth in the preamble, part 80 of the Code of
Federal Regulations is amended as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521(l), 7545 and 7601(a).
0
2. Section 80.510 is amended by revising paragraph (h) introductory
text to read as follows:
Sec. 80.510 What are the standards and marker requirements for NRLM
diesel fuel?
* * * * *
(h) Pursuant and subject to the provisions of Sec. 80.536, Sec.
80.554, Sec. 80.560, or Sec. 80.561:
* * * * *
0
3. Section 80.525 is amended by revising paragraphs (a) and (c) to read
as follows:
Sec. 80.525 What requirements apply to kerosene blenders?
(a) For purposes of this subpart, a kerosene blender means any
refiner who produces NRLM or motor vehicle diesel fuel by adding
kerosene to NRLM or motor vehicle diesel fuel downstream of the
refinery that produced that fuel or of the import facility where the
fuel was imported, without altering the quality or quantity of the fuel
in any other manner.
* * * * *
(c) For purposes of compliance with Sec. Sec. 80.524(b)(1) and
80.511(b)(1), the product transfer documents must indicate that the
fuel to which kerosene is added complies with the 500 ppm sulfur
standard for motor vehicle diesel fuel and is for use only in model
year 2006 and older diesel motor vehicles, the fuel is properly
downgraded pursuant to the provisions of Sec. 80.527 to motor vehicle
diesel fuel subject to the 500 ppm sulfur standard, or the applicable
NRLM standard.
* * * * *
0
4. Section 80.531 is amended by revising the equation for
Vtn in
[[Page 40896]]
paragraph (a)(2), revising paragraphs (c)(1), (c)(2)(i) and (d)(1), and
removing and reserving paragraph (d)(4) to read as follows:
Sec. 80.531 How are motor vehicle diesel fuel credits generated?
(a) * * *
(2) * * *
Vtn = V15 + V500 * * *
* * * * *
(c) * * *
(1) Beginning June 1, 2005, a refiner or importer may generate one
credit for each gallon of motor vehicle diesel fuel produced or
imported that meets the 15 ppm sulfur standard in Sec. 80.520(a)(1)
that is delivered into the distribution system. Such refiners and
importers must comply with the requirements of this paragraph (c) and
paragraph (d) of this section.
(2)
(i) Any refiner or importer planning to generate credits under this
paragraph must provide notice of intent to generate early credits at
least 30 calendar days prior to the date it begins generating credits
under this paragraph (c).
* * * * *
(d) * * *
(1) The designation requirements of Sec. 80.598, and all
recordkeeping and reporting requirements of Sec. Sec. 80.592 (except
for paragraph (a)(3)), 80.593, 80.594, 80.600, and 80.601.
* * * * *
(4) [Reserved]
* * * * *
0
5. Section 80.550 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 80.550 What is the definition of a motor vehicle diesel fuel
small refiner or a NRLM diesel fuel small refiner under this subpart?
* * * * *
(b) * * *
(3) Had an average crude oil capacity less than or equal to 155,000
barrels per calendar day (bpcd) for 2002.
* * * * *
0
6. Section 80.551 is amended by revising paragraph (f) to read as
follows:
Sec. 80.551 How does a refiner obtain approval as a small refiner
under this subpart?
* * * * *
(f) Approval of small refiner status for refiners who apply under
Sec. 80.550(d) will be based on all information submitted under
paragraph (c)(ii) of this section, except as provided in Sec.
80.550(e).
* * * * *
0
7. Section 80.580 is amended by revising paragraphs (c)(1) and
(c)(2)(i) to read as follows:
Sec. 80.580 What are the sampling and testing methods for sulfur?
* * * * *
(c) * * *
(1) Until December 27, 2004, for motor vehicle diesel fuel and
diesel fuel additives subject to the 15 ppm standard of Sec.
80.520(a)(1), sulfur content may be determined using ASTM D 5453-03a or
ASTM D 3120-03a, provided that the refiner or importer test result is
correlated with the appropriate method specified in paragraph (b)(1) of
this section.
(2) * * *
(i) For motor vehicle diesel fuel and diesel fuel additives subject
to the 500 ppm sulfur standard of Sec. 80.520(c), and for NRLM diesel
fuel subject to the 500 ppm sulfur standard of Sec. 80.510(a), sulfur
content may be determined using ASTM D 4294-03, ASTM D 5453-03a, or
ASTM D 6428-99, provided that the refiner or importer test result is
correlated with the appropriate method specified in paragraph (b)(2) of
this section; or
* * * * *
0
8. Section 80.586 is amended by revising the section heading to read as
follows:
Sec. 80.586 What are the record retention requirements for test
methods approved under this subpart?
* * * * *
0
9. Section 80.590 is amended by revising paragraph (a)(6)(i) to read as
follows:
Sec. 80.590 What are the product transfer document requirements for
motor vehicle diesel fuel, NRLM diesel fuel, heating oil and other
distillates?
(a) * * *
(6) * * *
(i) The facility registration number of both the transferor and
transferee issued under Sec. 80.597, if any.
* * * * *
0
10. Section 80.591 is amended by revising paragraph (b)(3) to read as
follows:
Sec. 80.591 What are the product transfer document requirements for
additives to be used in diesel fuel?
* * * * *
(b) * * *
(3) If the additive contains a static dissipater additive having a
sulfur content greater than 15 ppm, include the following statement:
``This diesel fuel additive contains a static dissipater additive
having a sulfur content greater than 15 ppm.''
* * * * *
0
11. Section 80.594 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 80.594 What are the pre-compliance reporting requirements for
motor vehicle diesel fuel?
* * * * *
(b) * * *
(2) In the case of a refinery with an approved application under
Sec. 80.552(c), a demonstration that by June 1, 2006, 95 percent of
its motor vehicle diesel fuel will be at 15 ppm sulfur at a volume
meeting the requirements of Sec. 80.553(e).
* * * * *
0
12. Section 80.595 is amended by revising the first sentence of
paragraph (a) and paragraph (b) to read as follows:
Sec. 80.595 How does a refiner apply for a motor vehicle diesel fuel
volume baseline?
(a) Any small refiner applying for an extension of the duration of
its small refiner gasoline sulfur standards of Sec. 80.240, under
Sec. Sec. 80.552(c) and 80.553, any small refiner applying to produce
MVDF under Sec. 80.552(a), or any refiner applying for an extension of
the duration of the GPA standards under Sec. 80.540 must apply for a
motor vehicle diesel fuel volume baseline by December 31, 2001. * * *
(b) The volume baseline must be sent via certified mail with return
receipt or express mail with return receipt to: U.S. EPA-Attn: Diesel
Baseline, 1200 Pennsylvania Avenue, NW. (6406J), Washington, DC 20460
(certified mail/return receipt) or Attn: Diesel Baseline,
Transportation and Regional Programs Division, 501 3rd Street, NW.
(6406J), Washington, DC 20001 (express mail/return receipt).
* * * * *
0
13. Section 80.596 is amended by revising the values for
Vbase base and Vi in paragraph (a) to read as
follows:
Sec. 80.596 How is a refinery motor vehicle diesel fuel volume
baseline calculated?
(a) * * *
Vbase = Volume baseline value, in gallons.
Vi = Volume of motor vehicle diesel fuel batch i, in
gallons. * * *
* * * * *
0
14. Section 80.599 is amended as follows:
0
a. By revising paragraph (a) introductory text and paragraph (a)(1).
0
b. By revising the value for MVI in paragraph (b)(1).
0
c. By revising the values for MV15I and MV500I in
paragraph (b)(2).
0
d. By revising the equation for MVNBE and the value of
[Sigma]MVB in paragraph (b)(4).
[[Page 40897]]
0
e. By revising the value of HSNRLMI in paragraph (c)(1).
0
f. By revising the value of HOI in paragraph (c)(3).
0
g. By revising the value of NR500I in paragraph (d)(1).
0
h. By revising the value of LM500I in paragraph (d)(2)(ii).
0
i. By revising the equation for (2MV15O-
2MV15P + 2MV15INVCHG) and value
of 2MV15I in paragraph (e)(2).
0
j. By adding the value of 2MV15 to paragraph
(e)(2).
0
k. By revising the equation for 2MV500O and value
of 2MV500I in paragraph (e)(3).
0
l. By adding the value of 2MV500P to paragraph
(e)(3).
0
m. By revising the equation for 2MV500O and value
of 1MV15I in paragraph (e)(4).
0
n. By adding the value of 1MV15P to paragraph
(e)(4).
0
o. By revising the equation for 2MV500O and value
of 1MV15B to paragraph (e)(5).
0
p. By adding the value of 2MV500P to paragraph
(e)(5).
Sec. 80.599 How do I calculate volume balances for designation
purposes?
(a) Quarterly compliance periods. The quarterly compliance periods
are shown in the following table:
Quarterly Compliance Periods and Reporting Dates
------------------------------------------------------------------------
Quarterly compliance period A Report due date
------------------------------------------------------------------------
July 1 through September 30............... November 30.
October 1 through December 31............. February 28.
January 1 through March 31................ May 31.
April 1 through June 30................... August 31.
------------------------------------------------------------------------
A The first quarterly reporting period will be from June 1, 2007 through
September 30, 2007 and the last quarterly compliance period will be
from April 1, 2010 through May 31, 2010.
(1) Annual compliance periods. The annual compliance periods before
theperiod beginning July 1, 2016 are shown in the following table:
Annual Compliance Periods and Reporting Dates
------------------------------------------------------------------------
Annual compliance period Report due date
------------------------------------------------------------------------
June 1, 2007-June 30, 2008................ August 31.
July 1, 2008-June 30, 2009................ August 31.
July 1, 2009-May 31, 2010................. August 31.
June 1, 2010-June 30, 2011................ August 31.
July 1, 2011-May 31, 2012................. August 31.
June 1, 2012-June 30, 2013................ August 31.
July 1, 2013-May 31, 2014................. August 31.
June 1, 2014-June 30, 2015................ August 31.
July 1, 2015-June 30, 2016................ August 31.
------------------------------------------------------------------------
* * * * *
(b) * * *
(1) * * *
MVI = the total volume of all batches of fuel designated
as motor vehicle diesel fuel received for the compliance period. Any
motor vehicle diesel fuel produced by or imported into the facility
shall also be included in this volume. * * *
(2) * * *
MV15I = the total volume of all batches of fuel
designated as 15 ppm sulfur motor vehicle diesel fuel received for
the compliance period. Any motor vehicle diesel fuel produced by or
imported into the facility shall also be included in this volume.
MV500I = the total volume of all batches of fuel
designated as 500 ppm sulfur motor vehicle diesel fuel received for
the compliance period. Any motor vehicle diesel fuel produced by or
imported into the facility shall also be included in this volume. *
* *
* * * * *
(4) * * *
MVNBE = MV15BINV + MV500BINV -
[pound]MVB
Where:
[Sigma]MVB = the sum of the balances for motor vehicle diesel fuel
for the current compliance period and previous compliance periods. *
* *
* * * * *
(c) * * *
(1) * * *
HSNRLMI = the total volume of all batches of fuel
designated as high sulfur NRLM received diesel fuel for the
compliance period. Any high sulfur NRLM produced by or imported into
the facility shall also be included in this volume. * * *
* * * * *
(3) * * *
HOI = the total volume of all batches of fuel designated
as heating oil received for the compliance period. Any heating oil
produced by or imported into the facility shall also be included in
this volume. * * *
* * * * *
(d) * * *
(1) * * *
NR500I = the total volume of all batches of fuel
designated as 500 ppm sulfur NR diesel fuel received for the
compliance period. Any 500 ppm sulfur NR diesel fuel produced by or
imported into the facility shall also be included in this volume. *
* *
(2) * * *
(ii) * * *
LM500I = the total volume of all batches of fuel
designated as 500 ppm sulfur LM diesel fuel received for the
compliance period. Any 500 ppm sulfur LM diesel fuel produced by or
imported into the facility shall also be included in this volume.
(e) * * *
(2) * * *
(2MV15O-2MV15P +
2MV15INVCHG)>=0.8 x 2MV15I
Where: * * *
2MV15P = the total volume of fuel produced by or
imported into the facility during the compliance period that was
designated as 2D 15 ppm sulfur motor vehicle diesel fuel
when it was delivered.
2MV15I = the total volume of fuel received
during the compliance period that is designated as 2D 15
ppm sulfur motor vehicle diesel fuel. Any motor vehicle diesel fuel
produced by or imported into the facility shall not be included in
this volume. * * *
(3) * * *
2MV500O<=2MV500I +
2MV500P-2MV500INVCHG + 0.2 x
2MV15I
Where: * * *
2MV500I = the total volume of fuel received
during the compliance period that is designated as 2D 500
ppm sulfur motor vehicle diesel fuel. Any motor vehicle diesel fuel
produced by or imported into the facility shall not be included in
this volume.
2MV500P= the total volume of fuel produced by or
imported into the facility during the compliance period that was
designated as 2D 500 ppm sulfur motor vehicle diesel fuel
when it was delivered. * * *
(4) * * *
2MV500O<=2MV500I +
2MV500P-2MV500INVCHG + 0.2 *
(1MV15I + 2MV15I)
Where:
1MV15I the total volume of fuel received during
the compliance period that is designated as 1D 15 ppm
sulfur motor vehicle diesel fuel. Any motor vehicle diesel fuel
produced by or imported into the facility shall not be included in
this volume.
1MV15P = the total volume of fuel produced by or
imported into the facility during the compliance period that was
designated as 1D 15 ppm sulfur motor vehicle diesel fuel
when it was delivered.
(5) * * *
2MV500O<2MV500I +
2MV500P-2MV500INVCHG + 0.2 *
2MV15I + 1MV15B +
2NRLM500S
Where:
1MV15B = the total volume of fuel received
during the compliance period that is designated as 1D 15
ppm sulfur motor
[[Page 40898]]
vehicle diesel fuel and that the facility can demonstrate they
blended into 2D 500 ppm sulfur motor vehicle diesel fuel.
Any motor vehicle diesel fuel produced by or imported into the
facility shall not be included in this volume.
2MV500P = the total volume of fuel produced by
or imported into the facility during the compliance period that was
designated as 2MV 500 ppm sulfur motor vehicle diesel fuel
when it was delivered. * * *
* * * * *
0
15. Section 80.600 is amended as follows:
0
a. By revising paragraph (a)(6).
0
b. By adding paragraph (a)(13).
0
c. By revising paragraphs (b)(1) introductory text, (b)(1)(i)
introductory text, (b)(1)(ii) introductory text, (b)(1)(iii)
introductory text, (b)(1)(iv) introductory text, (b)(1)(v) introductory
text.
0
d. By revising (b)(2).
0
e. By revising the first sentence of paragraph (b)(3).
Sec. 80.600 What records must be kept for purposes of the designate
and track provisions?
(a) * * *
(6) The records for each batch with designations identified in
paragraphs (a)(1) through (a)(5) of this section must clearly and
accurately identify the batch number (including an indication as to
whether the batch was received into the facility, produced by the
facility, imported into the facility, or delivered from the facility),
date and time of day (if multiple batches are delivered per day) that
custody was transferred, the designation, the volume in gallons of the
batch, and the name and the EPA entity and facility registration number
of the facility to whom such batch was transferred.
* * * * *
(13) Refiners and importers who also receive fuel from another
facility must also comply with the requirements of paragraph (b) of
this section separately for those volumes.
(b) * * *
(1) Any distributor shall maintain the records specified in
paragraphs (b)(2) through (b)(10) of this section for each batch of
distillate fuel with the following designations for which custody is
received or delivered as well as any batches produced. Records shall be
kept separately for each of its facilities.
(i) For each facility that receives 2D 15 ppm sulfur motor
vehicle diesel fuel and distributes any 2D 500 ppm sulfur
motor vehicle diesel fuel, records for each batch of diesel fuel with
the following designations for which custody is received or delivered
as well as any batches produced during the time period from June 1,
2006 through May 31, 2007:
* * * * *
(ii) For each facility, records for each batch of diesel fuel with
the following designations for which custody is received or delivered
as well as any batches produced during the time period from June 1,
2007 through May 31, 2010:
* * * * *
(iii) For each facility that receives unmarked fuel designated as
NR diesel fuel, LM diesel fuel or heating oil, records for each batch
of diesel fuel with the following designations for which custody is
received or delivered as well as any batches produced during the time
period from June 1, 2010 through May 31, 2012:
* * * * *
(iv) For each facility that receives unmarked fuel designated as
heating oil, records for each batch of diesel fuel with the following
designations for which custody is received or delivered as well as any
batches produced during the time period from June 1, 2012 through May
31, 2014:
* * * * *
(v) For each facility that receives unmarked fuel designated as
heating oil, records for each batch of diesel fuel with the following
designations for which custody is received or delivered as well as any
batches produced during the time period beginning June 1, 2014:
* * * * *
(2) Records that for each batch clearly and accurately identify the
batch number (including an indication as to whether the batch was
received into the facility, produced by the facility, imported into the
facility, or delivered from the facility), date and time of day (if
multiple batches are delivered per day) that custody was transferred,
the designation, the volume in gallons of each batch of each fuel, and
the name and the EPA entity and facility registration number of the
facility to whom or from whom such batch was transferred.
* * * * *
(3) Records that clearly and accurately identify the total volume
in gallons of each designated fuel identified under paragraph (b)(1) of
this section transferred, produced, or imported over each of the
compliance periods, and over the periods from June 1, 2007 to the end
of each compliance period. * * *
* * * * *
0
16. Section 80.601 is amended as follows:
0
a. By revising paragraph (a)(2).
0
b. By redesignating paragraphs (a)(4)(iii) through (a)(4)(v) as
paragraphs (a)(4)(iv) through (a)(4)(vi).
0
c. By adding paragraph (a)(4)(iii).
0
d. By revising paragraph (b) introductory text and paragraph (b)(1).
0
e. Redesignating paragraphs (b)(3)(ii) through (b)(3)(ix) as paragraphs
(b)(3)(iii) through (b)(3)(x).
0
f. Adding paragraph (b)(3)(ii).
Sec. 80.601 What are the reporting requirements for purposes of the
designate and track provisions?
(a) * * *
(2) Separately for each designation category and separately for
each transferor facility;
(i) The total volume in gallons of distillate fuel designated under
Sec. 80.598 for which custody was received by the reporting facility,
and the EPA entity and facility registration number(s), as applicable,
of the transferor; and
(ii) The total volume in gallons of distillate fuel designated
under Sec. 80.598 which was produced or imported by the reporting
facility.
* * * * *
(4) * * *
(iii) The total volumes produced or imported at the facility of
each fuel designation required to be reported in paragraphs (a)(1)
through (a)(3) of this section over the quarterly compliance period.
* * * * *
(b) Annual reports. Beginning August 31, 2007, all entities
required to maintain records for batches of fuel under Sec. 80.600
must report the following information separately for each of its
facilities to the Administrator on an annual basis, as specified in
paragraph (d)(2) of this section:
(1) Separately for each designation category for which records are
required to be kept under Sec. 80.600 and separately for each
transferor facility;
(i) The total volume in gallons of distillate fuel designated under
Sec. 80.598 for which custody was received by the reporting facility,
and the EPA entity and facility registration number(s), as applicable,
of the transferor; and
(ii) The total volume in gallons of distillate fuel designated
under Sec. 80.598 which was produced or imported by the reporting
facility.
* * * * *
(3) * * *
(ii) The total volumes produced or imported at the facility of each
fuel designation required to be reported in paragraph (b)(1) of this
section over the quarterly compliance period.
* * * * *
[[Page 40899]]
0
17. Section 80.604 is amended by removing and reserving
paragraph(d)(5).
0
18. Section 80.613 is amended by revising paragraph (a)(1) introductory
text to read as follows:
Sec. 80.613 What defenses apply to persons deemed liable for a
violation of a prohibited act under this subpart?
(a) * * *
(1) Any person deemed liable for a violation of a prohibition under
Sec. 80.612(a)(1)(i), (a)(1)(iii), (a)(2), or (a)(3), will not be
deemed in violation if the person demonstrates all of the following, as
applicable:
* * * * *
[FR Doc. 05-13781 Filed 7-14-05; 8:45 am]
BILLING CODE 6560-50-P