Agency Information Collection Activities Under OMB Review

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5066-3]

Agency Information Collection Activities Under OMB Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this notice announces that the Information Collection Request

(ICR) abstracted below has been forwarded to the Office of Management

and Budget (OMB) for review and comment. The ICR describes the nature

of the record keeping requirements and its expected cost and burden.

Where appropriate, it includes the provisions required to meet the

record keeping and retention requirements.

DATES: Comments must be submitted on or before October 6, 1994.

FOR FURTHER INFORMATION CONTACT: For further information, or a copy of

this ICR, contact Sandy Farmer at (202) 260-2740.

SUPPLEMENTARY INFORMATION:

Office of Air and Radiation

Title: Diesel Fuel Quality Regulation Transfer Document Record

Keeping Requirement (EPA ICR No. 1718.01). This ICR requests approval

of a new collection.

Abstract: On July 14, 1994 a revision to the Regulations of Fuels

and Fuel Additives for Highway Diesel Fuel was published in the Federal

Register (59 FR 35854). The interim final rule continues to regulate

on-highway diesel fuel, as published in the Federal Register on August

21, 1990 (54 FR 35276), by requiring that the fuel meet sulfur content

standards, as well as standards for cetane index or in the alternative

for aromatic content. This revision, which goes into effect on October

1, 1994, changes the language regarding the fuel dye color from blue to

red. The revision requires that the fuel be free of visible evidence of

the dye Solvent Red 164 except as provided for tax exempt use in

accordance with section 4082 of the Internal Revenue Code. There will

be a small portion of diesel fuel for use in motor vehicles that is

both tax-exempt, requiring it to be dyed red, and is also required to

meet the on highway low sulfur diesel fuel requirements, requiring it

to be free of the visible evidence of the red dye. This overlap was

addressed in EPA's July 14, 1994 revision to the fuel quality standards

by allowing the tax-exempt low sulfur fuel to contain visible evidence

of the red dye provided that the fuel meets the fuel quality standards

and the shipments are accompanied by transfer documents indicating that

the fuel is for tax-exempt use only and meets the EPA diesel fuel

quality standards.

Product transfer documents are common standard industry papers that

are produced by the transferor and accompany each shipment to the

transferee. This regulation will require the transferor of the fuel to

provide the transferee with documents to accompany each shipment of low

sulfur fuel that has been dyed red. The documents are required to

contain language, or other such indication, verifying that the red dyed

fuel meets the applicable fuel quality standards and is for tax-exempt

use. Copies of the documents must be retained in the possession of the

transferor and the transferee (shipment recipient) for a period of five

years after the date of transfer. EPA will only request documentation

from the affected parties during inspections or other enforcement

activities. EPA does not require that these documents be routinely sent

to the Agency for collection and review. EPA will use the documents to

assist in enforcement of the regulations. The documentation will assist

the agency in ascertaining how to proceed when violations are found and

what party may be liable for enforcement action.

In summary, any party, including but not limited to, refiners,

importers, distributors, resellers, carriers, retailers, or wholesale

purchaser consumers that use, or are the transferor or transferee of

tax-exempt red dyed diesel fuel for use in on-highway vehicles, must

provide documents verifying that the fuel meets the applicable fuel

quality standards.

Burden Statement: The public reporting burden for this recording

requirement is estimated to average .02 hours per occurrence, including

time for reviewing the required document, and filing and retaining the

required documents.

Estimated Number of Respondents: 4366.

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Respondents: 100 hours.

Frequency of Collection: The documents will not be routinely

collected by the Agency. The documents must be retained by the

transferor and the transferee for a period of five years after the date

of transfer and must be made available to the Administrator or an

Agency official upon request.

Send comments regarding the burden estimate, or any other aspect of

this information collection, including suggestions for reducing the

burden, to:

Sandy Farmer, U.S. Environmental Protection Agency, Information Policy

Branch (2136), 401 M Street, SW., Washington, DC 20460.

and

Troy Hillier, Office of Management and Budget, Office of Information

and Regulatory Affairs, 725 17th Street, NW., Washington, DC 20530.

Dated: August 29, 1994.

Rick Westlund,

Acting Director, Regulatory Management Division.

[FR Doc. 94-21896 Filed 9-2-94; 8:45 am]

BILLING CODE 6560-50-F