Notice of Receipt of a Request From the State of Texas for a Waiver of a Portion of the Renewable Fuel Standard, 29753-29755 [E8-11486]
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29753
Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
On April 11, 2008, notice was
published that the Commonwealth of
Massachusetts had petitioned the
Regional Administrator, Environmental
Protection Agency, to determine that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for the state waters of Scituate,
Marshfield, Cohasset, and the tidal
portions of the North and South Rivers.
No comments were received on this
petition.
The petition was filed pursuant to
Section 312(f)(3) of Public Law 92–500,
as amended by Public Laws 95–217 and
100–4, for the purpose of declaring
these waters a ‘‘No Discharge Area’’
(NDA).
Section 312(f)(3) states: After the
effective date of the initial standards
and regulations promulgated under this
section, if any State determines that the
protection and enhancement of the
quality of some or all of the waters
within such States require greater
environmental protection, such State
may completely prohibit the discharge
from all vessels of any sewage, whether
treated or not, into such waters, except
that no such prohibition shall apply
until the Administrator determines that
adequate facilities for the safe and
sanitary removal and treatment of
sewage from all vessels are reasonably
available for such water to which such
prohibition would apply.
The information submitted to EPA by
the Commonwealth of Massachusetts
certifies that there are ten pumpout
facilities located within the proposed
area. A list of the facilities, with phone
numbers, locations, and hours of
operation is appended at the end of this
determination.
Based on the examination of the
petition, its supporting documentation,
and information from site visits
conducted by EPA New England staff,
EPA has determined that adequate
facilities for the safe and sanitary
removal and treatment of sewage from
all vessels are reasonably available for
the area covered under this
determination.
This determination is made pursuant
to Section 312(f)(3) of Public Law 92–
500, as amended by Public Laws 95–217
and 100–4.
PUMPOUT FACILITIES WITHIN PROPOSED NO DISCHARGE AREA
Mean low
water depth
Name
Location
Contact info
Hours
Cohasset Harbormaster ......
Cohasset Harbor .................
Cole Parkway Marina ..........
Scituate Harbor ...................
North and South Rivers ......
15 May–1 Nov ....................
9:00 a.m.–9:00 p.m. ............
15 May–15 October ............
8:00 a.m.–4:00 p.m. ............
15 April–1 November ..........
Service provided on-call .....
N/A.
Boat Service.
6 ft.
Harbor Mooring Service ......
James Landing Marina ........
Herring River, Scituate .......
(781) 383–0863 ..................
VHF 10, 16 .........................
(781) 545–2130 ..................
VHF 9 ..................................
(781) 544–3130 ..................
Cell (617) 281–4365 ...........
VHF 9 ..................................
(781) 545–3000 ..................
6 ft.
Waterline Mooring ...............
Scituate Harbor ...................
(781) 545–4154 ..................
VHF 9, 16 ...........................
Green Harbor Town Pier .....
Green Harbor, Marshfield ...
(781) 834–5541 ..................
VHF 9, 16 ...........................
Bridgewaye Marina ..............
South River, Marshfield ......
Erickson’s Marina ................
South River, Marshfield ......
(781) 837–9343 ..................
VHF 9, 11 ...........................
(781) 837–2687 ..................
White’s Ferry Marina ...........
South River, Marshfield ......
Mary’s Boat Livery ...............
North River, Marshfield .......
** Marshfield Yacht Club ......
** South River Boat Ramp ...
South River, Marshfield ......
South River, Marshfield ......
1 May–15 Oct .....................
8 a.m.–4:30 p.m. .................
15 May–15 Oct ...................
8 a.m.–5 p.m. ......................
Or by appointment ..............
1 April–15 Nov 24/7 SelfServe 15 May–30 Sept.
Attendant Service 8 a.m.–
11:30 p.m..
15 June–15 October ...........
9–5 p.m ...............................
15 March–15 November .....
8 a.m.–5 p.m. ......................
15 June–15 October ...........
9–5 p.m ...............................
15 May–1 Oct .....................
8 a.m.–4 p.m. ......................
TBA .....................................
TBA .....................................
(781) 837–9343 ..................
VHF 9, 11 ...........................
(781) 837–2322 ..................
VHF 9, 16 ...........................
TBA .....................................
TBA .....................................
N/A.
Boat Service.
N/A.
Boat Service.
4 ft.
6 ft.
4 ft.
4 ft.
4 ft.
TBA.
TBA.
** Pending facilities.
Dated: May 14, 2008.
Robert W. Varney,
Regional Administrator, Region 1.
[FR Doc. E8–11485 Filed 5–21–08; 8:45 a.m.]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
Notice of Receipt of a Request From
the State of Texas for a Waiver of a
Portion of the Renewable Fuel
Standard
[EPA–HQ–OAR–2008–0380; FRL–8569–5]
Environmental Protection
Agency (EPA).
ACTION: Notice.
rwilkins on PROD1PC63 with NOTICES
AGENCY:
SUMMARY: In accordance with section
211(o)(7) of the Clean Air Act (the Act),
42 U.S.C. 7545(o)(7), EPA is issuing a
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17:03 May 21, 2008
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Sfmt 4703
notice of receipt of a request for a
waiver of 50 percent of the renewable
fuel standard (RFS) ‘‘mandate for the
production of ethanol derived from
grain.’’ The request has been made by
the Governor of the State of Texas.
Section 211(o)(7)(A) of the Act allows
the Administrator of the EPA to grant
the waiver if implementation of the
national RFS requirements would
severely harm the economy or
environment of a state, a region, or the
United States, or if EPA determines that
there is inadequate domestic supply of
renewable fuel. EPA is required by the
Act to provide public notice and
E:\FR\FM\22MYN1.SGM
22MYN1
rwilkins on PROD1PC63 with NOTICES
29754
Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
opportunity for comment on this
request.
DATES: Comments. Written comments
must be received on or before June 23,
2008.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0380, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket,
Docket ID No. EPA–HQ–OAR–2008–
0380, Environmental Protection Agency,
Mailcode: 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: EPA Docket Center,
Public Reading Room, EPA West
Building, Room 3334, 1301 Constitution
Avenue, NW., Washington, DC 20460.
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–2008–
0380. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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
VerDate Aug<31>2005
17:03 May 21, 2008
Jkt 214001
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
James W. Caldwell, Office of
Transportation and Air Quality,
Mailcode: 6406J, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460;
telephone number: (202) 343–9303; fax
number: (202) 343–2802; e-mail address:
caldwell.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
(A) How Can I Access the Docket and/
or Submit Comments?
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OAR–2008–0380, which is
available for online viewing at https://
www.regulations.gov, or in person
viewing at the EPA/DC Docket Center
Public Reading Room, 1301 Constitution
Avenue, NW., Room 3334, Washington,
DC. The EPA/DC 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
Reading Room is 202–566–1744, and the
telephone number for the Air and
Radiation Docket is 202–566–1742.
Use https://www.regulations.gov to
obtain a copy of the waiver request,
submit or view public comments, access
the index listing of the contents of the
docket, and to access those documents
in the public docket that are available
electronically. Once in the system,
select ‘‘search,’’ then key in the docket
ID number identified in this document.
(B) What Information Is EPA
Particularly Interested In?
On April 25, 2008, the Governor of
Texas submitted a request to the
Administrator under section 211(o) of
the Act for a waiver of 50 percent of the
RFS ‘‘mandate for the production of
ethanol derived from grain.’’ The
request includes statements regarding
the economic impact of higher corn
prices in Texas. This request has been
placed in the public docket.
Pursuant to section 211(o)(7) of the
Act, EPA specifically solicits comments
and information to enable the
Administrator to determine if the
statutory basis for a waiver of the
national RFS requirements has been met
and, if so, the extent to which EPA
should exercise its discretion to grant a
waiver. Section 211(o)(7) of the Act
allows the Administrator, in
consultation with the Secretary of
Agriculture and the Secretary of Energy,
to waive the requirements of the
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
national RFS at 40 CFR 80.1105, in
whole or in part, upon petition by one
or more States. A waiver may be granted
if the Administrator determines, after
public notice and an opportunity for
public comment, that implementation of
the RFS requirements would severely
harm the economy or environment of a
state, a region, or the United States; or
that there is an inadequate domestic
supply of renewable fuel. The
Administrator, in consultation with the
Secretary of Agriculture and the
Secretary of Energy, shall approve or
disapprove a State petition for a waiver
within 90 days of receiving it. If a
waiver is granted, it can last no longer
than one year unless it is renewed by
the Administrator after consultation
with the Secretary of Agriculture and
the Secretary of Energy. The RFS for
2008 was published in the Federal
Register on February 14, 2008 (73 FR
8665) and was intended to lead to the
use of nine (9) billion gallons of
renewable fuel in 2008.
EPA requests comment on any matter
that might be relevant to EPA’s action
on the petition, specifically including
(but not limited to) information that will
enable EPA to:
(a) Evaluate whether compliance with
the RFS is causing severe harm to the
economy of the State of Texas;
(b) evaluate whether the relief
requested will remedy the harm;
(c) determine to what extent, if any,
a waiver approval would change
demand for ethanol and affect corn or
feed prices; and
(d) determine the date on which a
waiver should commence and end if it
were granted.
In addition to inviting comments on
the above issues, EPA recognizes that it
has discretion in deciding whether to
grant a waiver, as the statute provides
that ‘‘[t]he Administrator * * * may
waive the requirements of [section
211(o)(2)] in whole or in part’’
(emphasis supplied) if EPA determines
that the severe harm criteria has been
met. EPA also recognizes that a waiver
would involve reducing the national
volume requirements under section
211(o)(2), which would have effects in
areas of the country other than Texas,
including areas that may be positively
impacted by the RFS requirements.
Given this, EPA invites comment on all
issues relevant to deciding whether and
how to exercise its discretion under this
provision, including but not limited to
the impact of a waiver on other regions
or parts of the economy, on the
environment, on the goals of the
renewable fuel program, on appropriate
mechanisms to implement a waiver if a
waiver were determined to be
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 73, No. 100 / Thursday, May 22, 2008 / Notices
appropriate, and any other matters
considered relevant to EPA’s exercise of
discretion under this provision.
Commenters should include data or
specific examples in support of their
comments in order to aid the
Administrator in determining whether
to grant or deny the waiver. Data that
shows a quantitative link between the
use of corn for ethanol and corn prices,
and on the impact of the RFS mandate
on the amount of ethanol produced,
would be especially helpful.
Dated: May 16, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator,
Office of Air and Radiation.
[FR Doc. E8–11486 Filed 5–21–08; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Public Information Collection
Requirement Submitted to OMB for
Review and Approval, Comments
Requested
rwilkins on PROD1PC63 with NOTICES
May 19, 2008.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning: (a)
Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before June 23, 2008. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
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17:03 May 21, 2008
Jkt 214001
time allowed by this notice, you should
advise the contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via Internet at
Nicholas_A._Fraser@omb.eop.gov or via
fax at (202) 395–5167 and to Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW., Washington, DC or via
Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov. To view a copy of this
information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://www.reginfo.gov/public/do/
PRAMain; (2) look for the section of the
Web page called ‘‘Currently Under
Review;’’ (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading; (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box; (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box; and (6) when the list of
FCC ICRs currently under review
appears, look for the title of this ICR (or
its OMB control number, if there is one)
and then click on the ICR Reference
Number to view detailed information
about this ICR.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0009.
Title: Application for Consent to
Assignment of Broadcast Station
Construction Permit or License or
Transfer of Control of Corporation
Holding Broadcast Station Construction
Permit or License.
Form Number: FCC Form 316.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, local or Tribal
government.
Number of Respondents and
Responses: 750 respondents, 750
responses.
Frequency of Response: On occasion
reporting requirement.
Obligation To Respond: Required to
obtain benefits—Statutory authority for
this collection of information is
contained in Sections 154(i) and 310(d)
of the Communications Act of 1934, as
amended.
Estimated Time per Response: 1–4
hours.
Total Annual Burden: 855 hours.
Total Annual Costs: $425,150.
Confidentiality: No need for
confidentiality required.
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Fmt 4703
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29755
Privacy Impact Assessment: No
impact(s).
Needs and Uses: On March 17, 2005,
the Commission released a Second
Order on Reconsideration and Further
Notice of Proposed Rulemaking,
Creation of a Low Power Radio Service,
MB Docket No. 99–25 (FCC 05–75). The
Further Notice of Proposed Rulemaking
(‘‘FNPRM’’) proposed to permit the
assignment or transfer of control of Low
Power FM (LPFM) authorizations where
there is a change in the governing board
of the permittee or licensee or in other
situations corresponding to the
circumstances described above. This
proposed rule was subsequently
adopted in a Third Report and Order
and Second Further Notice of Proposed
Rulemaking, MB Docket No. 99–25 (FCC
07–204) (Third Report and Order),
released on December 11, 2007.
FCC Form 316 has been revised to
encompass the assignment and transfer
of control of LPFM authorizations, as
proposed in the FNPRM and
subsequently adopted in the Third
Report and Order, and to reflect the
ownership and eligibility restrictions
applicable to LPFM permittees and
licensees.
Filing of the FCC Form 316 is
required when applying for authority for
assignment of a broadcast station
construction permit or license, or for
consent to transfer control of a
corporation holding a broadcast station
construction permit or license where
there is little change in the relative
interest or disposition of its interests;
where transfer of interest is not a
controlling one; there is no substantial
change in the beneficial ownership of
the corporation; where the assignment is
less than a controlling interest in a
partnership; where there is an
appointment of an entity qualified to
succeed to the interest of a deceased or
legally incapacitated individual
permittee, licensee or controlling
stockholder; and, in the case of LPFM
stations, where there is a voluntary
transfer of a controlling interest in the
licensee or permittee entity. In addition,
the applicant must notify the
Commission when an approved transfer
of control of a broadcast station
construction permit or license has been
consummated.
OMB Control Number: 3060–0031.
Title: Application for Consent to
Assignment of Broadcast Station
Construction Permit or License;
Application for Consent to Transfer
Control of Entity Holding Broadcast
Station Construction Permit or License;
Section 73.3580, Local Public Notice of
Filing of Broadcast Applications.
E:\FR\FM\22MYN1.SGM
22MYN1
Agencies
[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Notices]
[Pages 29753-29755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11486]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0380; FRL-8569-5]
Notice of Receipt of a Request From the State of Texas for a
Waiver of a Portion of the Renewable Fuel Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 211(o)(7) of the Clean Air Act (the
Act), 42 U.S.C. 7545(o)(7), EPA is issuing a notice of receipt of a
request for a waiver of 50 percent of the renewable fuel standard (RFS)
``mandate for the production of ethanol derived from grain.'' The
request has been made by the Governor of the State of Texas. Section
211(o)(7)(A) of the Act allows the Administrator of the EPA to grant
the waiver if implementation of the national RFS requirements would
severely harm the economy or environment of a state, a region, or the
United States, or if EPA determines that there is inadequate domestic
supply of renewable fuel. EPA is required by the Act to provide public
notice and
[[Page 29754]]
opportunity for comment on this request.
DATES: Comments. Written comments must be received on or before June
23, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0380, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2008-0380, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. 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-
2008-0380. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/
epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of
Transportation and Air Quality, Mailcode: 6406J, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 343-9303; fax number: (202) 343-2802; e-mail
address: caldwell.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
(A) How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0380, which is available for online viewing at
https://www.regulations.gov, or in person viewing at the EPA/DC Docket
Center Public Reading Room, 1301 Constitution Avenue, NW., Room 3334,
Washington, DC. The EPA/DC 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 Reading Room is 202-566-1744, and the
telephone number for the Air and Radiation Docket is 202-566-1742.
Use https://www.regulations.gov to obtain a copy of the waiver
request, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified in this
document.
(B) What Information Is EPA Particularly Interested In?
On April 25, 2008, the Governor of Texas submitted a request to the
Administrator under section 211(o) of the Act for a waiver of 50
percent of the RFS ``mandate for the production of ethanol derived from
grain.'' The request includes statements regarding the economic impact
of higher corn prices in Texas. This request has been placed in the
public docket.
Pursuant to section 211(o)(7) of the Act, EPA specifically solicits
comments and information to enable the Administrator to determine if
the statutory basis for a waiver of the national RFS requirements has
been met and, if so, the extent to which EPA should exercise its
discretion to grant a waiver. Section 211(o)(7) of the Act allows the
Administrator, in consultation with the Secretary of Agriculture and
the Secretary of Energy, to waive the requirements of the national RFS
at 40 CFR 80.1105, in whole or in part, upon petition by one or more
States. A waiver may be granted if the Administrator determines, after
public notice and an opportunity for public comment, that
implementation of the RFS requirements would severely harm the economy
or environment of a state, a region, or the United States; or that
there is an inadequate domestic supply of renewable fuel. The
Administrator, in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove a State petition
for a waiver within 90 days of receiving it. If a waiver is granted, it
can last no longer than one year unless it is renewed by the
Administrator after consultation with the Secretary of Agriculture and
the Secretary of Energy. The RFS for 2008 was published in the Federal
Register on February 14, 2008 (73 FR 8665) and was intended to lead to
the use of nine (9) billion gallons of renewable fuel in 2008.
EPA requests comment on any matter that might be relevant to EPA's
action on the petition, specifically including (but not limited to)
information that will enable EPA to:
(a) Evaluate whether compliance with the RFS is causing severe harm
to the economy of the State of Texas;
(b) evaluate whether the relief requested will remedy the harm;
(c) determine to what extent, if any, a waiver approval would
change demand for ethanol and affect corn or feed prices; and
(d) determine the date on which a waiver should commence and end if
it were granted.
In addition to inviting comments on the above issues, EPA
recognizes that it has discretion in deciding whether to grant a
waiver, as the statute provides that ``[t]he Administrator * * * may
waive the requirements of [section 211(o)(2)] in whole or in part''
(emphasis supplied) if EPA determines that the severe harm criteria has
been met. EPA also recognizes that a waiver would involve reducing the
national volume requirements under section 211(o)(2), which would have
effects in areas of the country other than Texas, including areas that
may be positively impacted by the RFS requirements. Given this, EPA
invites comment on all issues relevant to deciding whether and how to
exercise its discretion under this provision, including but not limited
to the impact of a waiver on other regions or parts of the economy, on
the environment, on the goals of the renewable fuel program, on
appropriate mechanisms to implement a waiver if a waiver were
determined to be
[[Page 29755]]
appropriate, and any other matters considered relevant to EPA's
exercise of discretion under this provision.
Commenters should include data or specific examples in support of
their comments in order to aid the Administrator in determining whether
to grant or deny the waiver. Data that shows a quantitative link
between the use of corn for ethanol and corn prices, and on the impact
of the RFS mandate on the amount of ethanol produced, would be
especially helpful.
Dated: May 16, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-11486 Filed 5-21-08; 8:45 am]
BILLING CODE 6560-50-P