Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard Program Requirements, 57274-57280 [E8-23130]
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57274
Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules
comments received and that New
Jersey’s revised diesel idling rule is
enforceable and approvable as a control
strategy to attain and maintain the
national ambient air quality standards,
as consistent with section 110(a)(2) of
the Clean Air Act, 42 U.S.C. 7410(a)(2).
II. Proposed EPA Action
EPA is proposing to approve the
revisions to New Jersey’s diesel idling
rule as part of New Jersey’s ozone and
particulate matter SIPs.
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III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Public Law 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
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be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 19, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E8–23246 Filed 10–1–08; 8:45 am]
BILLING CODE 6560–50–P
receive no adverse comment, we will
not take further action on this proposed
rule.
Written comments must be
received by November 3, 2008.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2005–0161, by mail to Air and
Radiation Docket, Docket No. EPA–HQ–
OAR–2005–0161, Environmental
Protection Agency, Mailcode: 6406J,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a
total of 2 copies. Comments may also be
submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the rules section of this Federal
Register.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Megan Brachtl, Compliance and
Innovative Strategies Division, Office of
Transportation and Air Quality, Mail
Code: 6406J, Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW., Washington, DC 20460; telephone
number: (202) 343–9473; fax number:
(202) 343–2802; e-mail address:
brachtl.megan@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. Why Is EPA Issuing This Proposed
Rule?
40 CFR Part 80
This document proposes to take
action on amendments to the Renewable
Fuel Standard program requirements.
We have published a direct final rule
which amends the Renewable Fuel
Standard program requirements in the
‘‘Rules and Regulations’’ section of this
Federal Register because we view this
as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule. If we receive adverse
comment on a distinct provision of this
rulemaking, we will publish a timely
withdrawal in the Federal Register
indicating which provisions we are
withdrawing. The provisions that are
not withdrawn will become effective on
the date set out above, notwithstanding
adverse comment on any other
provision.
[EPA–HQ–OAR–2005–0161; FRL–8723–4]
RIN 2060–AO80
Regulation of Fuels and Fuel
Additives: Modifications to Renewable
Fuel Standard Program Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to take
action on amendments to the Renewable
Fuel Standard program requirements.
Following publication of the final rule
promulgating the Renewable Fuel
Standard regulations, EPA discovered a
number of technical errors and areas
within the regulations that could benefit
from clarification or modification. This
proposed rule would amend the
regulations to make the appropriate
corrections, clarifications and
modifications. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are amending the
Renewable Fuel Standard program
requirements as a direct final rule
without a prior proposed rule. If we
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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information, please see the information
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a North
II. Does This Action Apply to Me?
Entities potentially affected by this
action include those involved with the
NAICS codes a
Category
Industry
Industry
Industry
Industry
Industry
Industry
Industry
provided in the ADDRESSES section of
this document.
SIC codes b
324110
325193
325199
424690
424710
424720
454319
57275
production, distribution and sale of
gasoline motor fuel or renewable fuels
such as ethanol and biodiesel. Regulated
categories and entities affected by this
action include:
Examples of potentially regulated parties
2911
2869
2869
5169
5171
5172
5989
Petroleum refiners, importers.
Ethyl alcohol manufacturers.
Other basic organic chemical manufacturers.
Chemical and allied products merchant wholesalers.
Petroleum bulk stations and terminals.
Petroleum and petroleum products merchant wholesalers.
Other fuel dealers.
American Industry Classification System (NAICS).
Industrial Classification (SIC) system code.
b Standard
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
aware could be potentially regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
entity is regulated by this action, you
should carefully examine the
applicability criteria of Part 80, subparts
D, E and F of title 40 of the Code of
Federal Regulations. If you have any
question regarding applicability of this
action to a particular entity, consult the
person in the preceding FOR FURTHER
INFORMATION CONTACT section above.
III. What Should I Consider as I
Prepare My Comments for EPA?
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A. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
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will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
C. Docket Copying Costs. You may be
charged a reasonable fee for
photocopying docket materials, as
provided in 40 CFR part 2.
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IV. Renewable Fuel Standard Program
Amendments
Following publication of the final
Renewable Fuel Standard (RFS)
program regulations (72 FR 23900, May
1, 2007), EPA discovered a number of
areas within the RFS regulations at 40
CFR Part 80, Subpart K that were in
error, were unclear, or otherwise could
benefit from modification. We have
attempted to clarify some ambiguities in
our Question and Answer document for
the RFS program.1 However, in some
cases we believe it is appropriate to
modify the regulations. As a result, we
are proposing to make the following
amendments to the RFS regulations in
Subpart K.
A. Summary of Amendments
Below is a table listing the provisions
that we are proposing to amend. Many
of the amendments address grammatical
or typographical errors, or provide
minor clarifications. A few amendments
are being made in order to assist
regulated entities in complying with the
RFS program requirements and to lessen
regulatory requirements where possible
without compromising the goals of the
RFS program. We have provided
additional explanation for several of
these amendments in sections IV.B
through IV.H below.
1 See ‘‘Questions and Answers on the Renewable
Fuel Standard Program’’ at https://www.epa.gov/
otaq/renewablefuels/index.htm#comp.
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RFS PROGRAM AMENDMENTS
Section
Description
80.1101(d)(2) ..................................
80.1101(d)(3) ..................................
Corrected typographical error.
Clarified that no more than 5 volume percent denaturant may be included in the volume of ethanol produced, imported or exported for purposes of determining compliance with the requirements under this
subpart. See Section IV.B.
Clarified that the gasoline products to be included in an obligated party’s Renewable Volume Obligation
(RVO) calculation should not be double-counted.
Clarified that this provision pertains to Renewable Identification Number (RIN) generation, not RIN transfers.
Clarified that renewable fuel producers that are below the 10,000 gallon threshold are exempt from the attest engagement requirements in 80.1164 as well as other reporting and recordkeeping requirements.
Clarified that the RIN that must be generated for each batch of renewable fuel that is produced or imported
is a ‘‘batch-RIN.’’
Corrected typographical error in deficit carryover equation.
Revised this paragraph to allow parties to use an equivalence value of 2.5 RINs per gallon for any renewable fuel for purposes of calculating the end-of-quarter check. See Section IV.C.
Deleted. Based on experience with the program to date, we believe this requirement is not necessary to
fulfill the goals of the program. See Section IV.D. (§ 80.1128(a) has also been renumbered to adjust for
this change.)
Revised to clarify that a party with a small refinery or small refiner exemption may only separate RINs that
have been assigned to a volume of renewable fuel that the party blends into motor vehicle fuel.
Revised to clarify that up to 2.5 gallon-RINs may be separated when a volume of renewable fuel is blended into gasoline.
Revised to allow any party to separate the RINs from renewable fuel that it produces or markets for use in
motor vehicles in neat form, or uses in motor vehicles in neat form. An oversight in the current regulations only allows this for renewable fuel producers and importers.
Revised to provide that this provision applies only to neat fuel for which an obligated party generates RINs.
See Section IV.E.
Revised to delete the requirement that a separated RIN may not be transferred on a product transfer document that is used to transfer a volume of renewable fuel, since it will be clear from other information required on the product transfer document whether or not any assigned RINs have also been transferred
with the fuel.
Moved the text in paragraph (b)(4) to a new paragraph (a)(8) in order to clarify that a RIN that is transferred to two or more parties is considered an invalid RIN.
Revised to clarify that the requirements of § 80.1132 apply to fuel that has been disposed of as well as fuel
that has been spilled. See Section IV.F.
Amended to clarify that a refinery with an approved small refinery exemption or a refiner with a small refiner exemption is exempt from requirements that apply to obligated parties during the period of time that
the small refinery or small refiner exemption is in effect.
Corrected calendar year reference.
Revised to clarify that the small refinery and small refiner exemptions only apply to refineries or refiners
that process crude oil, or feedstocks derived from crude oil, through refinery processing units.
Revised in order to clarify that small refinery status can be transferred with the sale of a refinery. Section
80.1141(b)(2)(ii) currently requires the owner of a small refinery to submit a letter stating that the company owned the refinery as of the applicable date for eligibility for small refinery status. This provision
has been revised to require the letter only to state that the refinery was small as of the applicable date.
Thus, any refinery that qualifies for small refinery status retains its status even if the refinery is sold to
another company.
Revised to clarify that a refiner who is disqualified as a small refiner must notify EPA in writing no later
than 20 days following the disqualifying event.
Deleted requirement to retain records of ‘‘expired RINs,’’ since it is apparent when a RIN has expired from
the date of the RIN and information regarding expired RINs is not required to be reported to EPA. See
Section IV.G.
Deleted requirement to report ‘‘expired RINs,’’ since it will be apparent when a RIN has expired from other
information provided in the reports. Paragraph (c)(2) has also been renumbered. See Section IV.G. Deleted provisions relating to the submission of transaction and quarterly gallon-RIN reports on a facilityby-facility basis, since RIN trading activities are conducted on a company basis.
Revised to clarify the language required to be included on product transfer documents for transfers of fuel
with no assigned RINs.
Revised to clarify that producers who produce less than 10,000 gallons of renewable fuel per year are exempt from the attest engagement requirements as well as the other recordkeeping and reporting requirements.
Revised to clarify specific acts that are prohibited under the RFS program.
Revised to clarify the attest engagement requirements, and, where possible, to modify the requirements to
make them less burdensome. See Section IV.H.
Corrected typographical errors.
80.1107(c) .......................................
80.1126(a)(1) ..................................
80.1126(b) .......................................
80.1126(d)(1) ..................................
80.1127(b)(2) ..................................
80.1128(a)(5) (ii) and (iii); removed
(a)(5) (iv) & (v).
80.1128(a)(6); removed (a)(7) ........
80.1129(b)(1) and (b)(8) .................
80.1129(b)(2) ..................................
80.1129(b)(4) ..................................
80.1129(b)(6) ..................................
80.1129(d) .......................................
80.1131(a)(8); removed (b)(4) ........
80.1132(a), (b) and (c) ....................
80.1141(a)(1), 80.1142(a)(1) ..........
80.1141(a)(1) ..................................
80.1141(a)(4), 80.1142(a)(4) ..........
80.1141(b)(2)(ii) ..............................
80.1142(e) .......................................
80.1151(a)(3)(i),
(d)(3)(i).
(b)(4)(i)
and
80.1152(c)(1) (iii) and (v), (c)(2) .....
80.1153(a)(5) ..................................
80.1154(a)(4) and (b) ......................
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80.1160(a), (b)(1), and (f) ...............
80.1164 ...........................................
80.1165, 80.1166, 80.1167 .............
B. Amount of Denaturant in Ethanol
Section 80.1101(d)(3) specifies that
ethanol must contain a denaturant to be
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covered by the definition of ‘‘renewable
fuel’’ under the RFS rule. For purposes
of compliance with the RFS, a volume
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of ethanol includes the volume of
denaturant contained in the ethanol.
Under § 80.1107(d), renewable fuel,
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including denatured ethanol, is
excluded from the volume of gasoline
produced or imported for purposes of
calculating an obligated party’s RVO.
Under § 80.1130, any denatured ethanol
that is exported is included in the
volume of renewable fuel exported for
purposes of calculating the exporter’s
RVO. However, the regulations do not
specify a maximum limit on the amount
of denaturant that may be included in
the volume of ethanol produced,
imported or exported for purposes of
these compliance calculations and other
requirements under the RFS rule.
In promulgating the RFS regulations,
we assumed that the amount of
denaturant included in a volume of
ethanol normally would not exceed the
industry maximum specification under
ASTM D–4806, which is 5 percent.
Since the rule was published, it has
come to our attention that larger
amounts of gasoline are sometimes used
in ethanol as a denaturant. We believe
it is appropriate to limit the amount of
gasoline in ethanol that may be counted
as a denaturant to an amount that
reflects the ASTM specification. As
indicated above, under the current
regulations, any volume of gasoline
contained in ethanol as a denaturant is
excluded from an obligated party’s
volume of gasoline produced or
imported for purposes of calculating the
party’s RVO. As a result, an obligated
party is not prohibited from adding
large amounts of gasoline to imported
ethanol to avoid including the gasoline
in its RVO calculation, and, at the same
time, increase the volume of renewable
fuel for which RINs could be generated.
Therefore, we are proposing to amend
the RFS regulations to specify a limit of
5 volume percent denaturant that may
be included in a volume of ethanol for
purposes of determining compliance
with requirements under the RFS rule.
C. Equivalence Values for End-ofQuarter Check
Section 80.1128(a)(5) provides that
any party who owns assigned RINs must
demonstrate that the sum of all assigned
gallon-RINs that the party owns at the
end of a quarter does not exceed the
sum of all volumes of renewable fuel the
party owns at the end of the quarter
multiplied by their respective
equivalence values. Section
80.1128(a)(4) allows a party to transfer
to another party up to 2.5 assigned RINs
per gallon of any renewable fuel.
Therefore, in some cases, a party could
receive fuel with more assigned RINs
than would be calculated for that
volume of fuel using its equivalence
value. As a result, the party could be out
of compliance with the end-of-quarter
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check requirement in § 80.1128(a)(5),
unless the party had enough fuel to sell
with the excess RINs by the end of the
quarter. For example, a marketer that
receives a gallon of biodiesel with 2.5
assigned gallon-RINs must calculate
compliance with § 80.1128(a)(5) based
on the equivalence value of the
biodiesel, which is 1.5. If this were the
marketer’s only transaction, the
marketer would be out of compliance at
the end of the quarter since he would
have an excess of 1.0 assigned gallonRINs. To remedy this situation, we are
proposing to amend § 80.1128(a)(5) to
allow an equivalence value of 2.5 to be
used for any volume of renewable fuel
for purposes of calculating compliance
with the end-of-quarter check
requirement in § 80.1128(a)(5).
D. RIN Transfer Requirements for
Producers and Importers
The RFS program allows any party
that receives assigned RINs with
renewable fuel to thereafter transfer
anywhere from zero to 2.5 gallon-RINs
with each gallon of renewable fuel. This
provision provides the flexibility to
transfer more assigned RINs with some
volumes and fewer assigned RINs with
other volumes depending on the
business circumstances of the
transaction and the number of RINs that
the seller has available.
However, this level of flexibility
could contribute to short-term hoarding
on the part of producers and importers
of renewable fuel. As a result, we
implemented a provision at
§ 80.1128(a)(6) that requires producers
and importers to transfer assigned
gallon-RINs with gallons such that the
ratio of assigned gallon-RINs to gallons
is equal to the equivalence value for the
renewable fuel. In effect, this requires
renewable fuel producers and importers
to transfer every single batch of
renewable fuel with all assigned RINs
generated for that batch. We have
interpreted this provision as applying
only to producers and importers who
only sell renewable fuel that they
produce or import themselves. It does
not apply to producers or importers that
are also marketers of renewable fuel
produced or imported by another party.
Since the start of the RFS program,
there have been numerous
circumstances in which parties who
purchase renewable fuel from a
producer or importer wanted to avoid
the registration, recordkeeping, and
reporting requirements of the program.
To do this, they had to avoid taking
ownership of RINs. In some cases the
producer or importer has
accommodated such parties by taking
ownership of renewable fuel from
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another party, thereby becoming a
marketer who is not subject to
§ 80.1128(a)(6). However, this has not
always been possible, and in such cases
the purchaser has been forced to seek
out alternative sources of renewable
fuel. This latter outcome is inconsistent
with one of our goals for the RFS
program—structuring the program so it
would have only a minimal effect on
common business practices.
After further consideration, we do not
believe that producers and importers of
renewable fuel should be required to
transfer all RINs generated with every
batch of renewable fuel that is
produced. Instead, we believe that it
should be sufficient that they comply
with the end-of-quarter check in
§ 80.1128(a)(5) and the restriction in
that section on the number of gallonRINs that can be transferred with each
gallon. This change would recognize
that most producers and importers can
already avoid the limitations of
§ 80.1128(a)(6) by buying a small
quantity of renewable fuel from another
party and thereby becoming a marketer.
The change would also have minimal
impact on the transfer of RINs with
volume, as producers and importers
would be limited in the number of RINs
they could hold onto given the end-ofquarter check. As a result, we are
proposing to amend the regulations to
delete the provisions contained in
§ 80.1128(a)(6).
E. RINs That an Obligated Party
Generates
Section 80.1129(b)(1) provides that an
obligated party must separate any RINs
that have been assigned to a volume of
renewable fuel that the obligated party
owns. An exception to this requirement
is provided in § 80.1129(b)(6) for
obligated parties who also generate
RINs. Under this section, an obligated
party who generates RINs may separate
such RINs from volumes of renewable
fuel only up to the level of gallon-RINs
of the party’s RVO. The limitation in
§ 80.1129(b)(6) was included in the
regulations to prevent a renewable fuel
producer from importing a small
amount of gasoline, which would
qualify the producer as an obligated
party, in order to separate the RINs from
all of the renewable fuel that the party
produced.
It has come to our attention that the
limitation in § 80.1129(b)(6) may be
problematic in situations where a party
imports gasoline that contains
renewable fuel. Under § 80.1126(d),
RINs must be generated for any
renewable fuel that is imported,
including any renewable fuel contained
in imported gasoline. For example, if a
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party imports 100 gallons of E10, the
party would be required to generate
RINs for the volume of ethanol in the
E10, which would be 10 gallon-RINs.
The party also would calculate its RVO
based on the applicable RFS standard,
which for 2008 is 7.76%. The standard
as applied to the gasoline part of the
volume of imported E10 in the example
would result in an RVO of 6.98 gallonRINs (7.76% × 90 gallons). Since the
party would be able to separate RINs
only up to the party’s RVO, or 6.98
gallon-RINs, the party would have 3.02
assigned gallon-RINs which could not
be separated. Under § 80.1128(a)(5),
each party that owns assigned RINs
must demonstrate that the party does
not own more assigned gallon-RINs at
the end of each quarter than the amount
of renewable fuel in the party’s
inventory, multiplied by its equivalence
value. In the example above, the party
would own 3.02 assigned gallon-RINs at
the end of the quarter, but would not
have any renewable fuel in its
inventory. As a result, the party would
not be in compliance with the
requirement in § 80.1128(a)(5).
To address this situation, this rule
would modify the regulations to apply
the limitation in § 80.1129(b)(6) only to
neat renewable fuel for which the party
generates RINs and not to renewable
fuel already blended in gasoline. Thus,
in the example above, the party would
generate 10 gallon-RINs for the ethanol
contained in the E10 and the party’s
RVO would be 6.98 gallon-RINs, but the
party would be able to separate all of the
10 gallon-RINs from the fuel. The party
then would have no assigned RINs at
the end of the quarter and would not be
in violation of the requirement in
§ 80.1128(a)(5). If the party in our
example imported 100 gallons of nonethanol gasoline and 10 gallons of neat
renewable fuel, the party would
generate 10 gallon-RINs, but could only
separate RINs up to the party’s RVO,
which be 7.76 gallon-RINs (7.76% × 100
gallons). As a result, the party would
have 2.24 assigned gallon-RINs left, but
would also have10 gallons of renewable
fuel in its inventory, and, therefore, the
party would be in compliance with the
requirement in § 80.1128(a)(5).
F. Renewable Fuel That Has Been
Disposed of
Under § 80.1132, in the event of a
spillage of renewable fuel that is
required by a federal, state or local
authority to be reported, the owner of
the renewable fuel must retire an
appropriate number of gallon-RINs.
Since the RFS rule was promulgated, it
has come to our attention that disposal
of renewable fuel may also be required
VerDate Aug<31>2005
16:20 Oct 01, 2008
Jkt 217001
to be reported to a government
authority. We believe it is appropriate to
treat such disposals of renewable fuel in
the same manner as spillages of
renewable fuel, since in both situations
the fuel will not ultimately be used in
motor vehicle fuel. As a result, we are
proposing to amend § 80.1132 to apply
to reportable disposals of renewable fuel
as well as reportable spillages of
renewable fuel.
G. Elimination of Expired RIN Category
Under § 80.1127(a)(3), RINs may only
be used to demonstrate compliance with
the RVO for the calendar year in which
they were generated or the following
year. Therefore, after two years, RINs
have no value and are deemed to have
expired. The regulations currently
require information regarding expired
RINs to be retained and included in the
reports submitted to EPA. However,
since EPA will know from the
information contained in the RIN when
the RIN was generated, EPA will also
know when the RIN has expired.
Therefore, we have determined that the
requirements to retain records of
expired RINs and to include information
regarding expired RINs in the reports
submitted to EPA are unnecessary, and,
as a result, we are proposing to amend
the regulations to eliminate the
requirements to retain records and
report information regarding expired
RINs.
H. Attest Engagements
This rule proposes to make several
revisions to the attest engagement
provisions in § 80.1164 in order to
correct minor technical errors, clarify
the procedures required to be fulfilled
by the attest auditor, and, where
possible, revise the procedures to make
them less burdensome without
compromising the goals of the program.
For audits of the obligated party
compliance demonstration reports, the
rule proposes to require the attest
auditor to calculate the total number of
RINs used for compliance by year of
generation and reconcile that total with
the information reported to EPA rather
than calculating and reporting as a
finding all RINs used for compliance.
For audits of the RIN transaction and
RIN activity reports, the rule proposes to
clarify the type of documentation that is
required to be provided to the attest
auditor for purposes of verifying the
information contained in the reports.
The rule also proposes to require the
attest auditor to review product transfer
documents (PTDs) for a representative
sample of RINs used for compliance and
a representative sample of renewable
fuel batches that any party sells to
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Fmt 4702
Sfmt 4702
another party. Under the current
regulations, the auditor is required to
review PTDs for each batch of
renewable fuel produced or imported by
a renewable fuel producer or importer,
which we believe is unnecessarily
burdensome, and does not require
review of PTDs generated by other
parties. In addition, the rule proposes to
provide that the documentation
required for the attest audit of the RIN
activity reports must include, for
owners of assigned RINs, the volume of
renewable fuel owned at the end of the
quarter in order to verify the accuracy
of information relating to compliance
with the end-of-quarter inventory check
in § 80.1128(a)(5). The rule proposes to
add a requirement that a company
representative must provide the attest
auditor with a written representation
that the copies of the EPA reports
provided to the auditor are complete
and accurate copies of the reports. This
is a requirement for attest procedures
under other fuels programs and
omission of this requirement in the RFS
rule was an oversight. The rule also
proposes to include a provision which
requires the attest auditor to identify the
commercial computer program used by
the regulated party to track the data
required for purposes of compliance
with the RFS requirements.
V. Relationship to the Energy
Independence and Security Act of 2007
The Energy Independence and
Security Act of 2007 (EISA) amended
Clean Air Act section 211(o) in many
respects, including requiring a
substantially greater volume of
renewable fuel use in the future. EPA is
currently developing implementing
regulations for this new legislation.
EISA also included language addressing
the transition period between its
enactment and the time when new
regulations are promulgated. EISA
Section 210(a)(2) provides that ‘‘[u]ntil
January 1, 2009, the Administrator of
the Environmental Protection Agency
shall implement section 211(o) of the
Clean Air Act and the rules promulgated
under that section in accordance with
the provisions of that section as in effect
before the enactment of this Act and in
accordance with the rules promulgated
before the enactment of this Act,’’ with
certain exceptions. EPA believes that
the intent of this transition provision of
EISA was to maintain the fundamental
program components and requirements
of the existing regulations, but that it
does not limit EPA’s ability to make
minor programmatic changes that ease
the administration and implementation
of the current program. Accordingly,
EPA views the changes proposed today
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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules
to the 211(o) regulations to be ‘‘in
accordance’’ with the regulations in
effect when EISA was enacted, and will
implement the finalized regulations
upon their effective date.
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
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to OMB review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) 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;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
It has been determined that this action
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review. This proposed rule simply
makes minor technical changes to the
RFS regulations and modifies the
requirements to make them less
burdensome for regulated parties where
possible.
mstockstill on PROD1PC66 with PROPOSALS
B. Paperwork Reduction Act
This action does not propose to
impose any new information collection
burden. This action proposes to make
minor technical corrections to the
regulations and modifies certain
requirements to lessen the burden on
related parties while maintaining the
overall goals of the program. None of the
changes in the rule require any
additional information collection
burdens. The Office of Management and
Budget (OMB) has previously approved
the information collection requirements
contained in the existing regulations 40
CFR part 80, subpart K, under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
VerDate Aug<31>2005
16:20 Oct 01, 2008
Jkt 217001
0600. The OMB control numbers for
EPA’s regulations in 40 CFR are listed
in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s proposed rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. In determining whether a rule
has a significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule
will not have a significant economic
impact on a substantial number of small
entities if the rule relieves regulatory
burden, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This action proposes to make minor
technical corrections to the regulations
and modifies certain requirements to
lessen the burden on regulated parties
while maintaining the overall goals of
the program. We have therefore
concluded that today’s proposed rule
will relieve regulatory burden for
affected small entities.
D. Unfunded Mandates Reform Act
This proposed rule does not contain
a Federal mandate that may result in
expenditures of $100 million or more
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Fmt 4702
Sfmt 4702
57279
for State, local, and tribal governments,
in the aggregate, or the private sector in
any one year. This action makes minor
technical corrections to the RFS
regulations and modifies certain
provisions to lessen the requirements
for regulated parties. As a result, this
proposed rule will have the overall
effect of reducing the burden of the RFS
regulations on regulated parties. Thus,
this proposal is not subject to the
requirements of sections 202 or 205 of
UMRA.
This proposed rule is also not subject
to the requirements of section 203 of
UMRA because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. It
only applies to gasoline and renewable
fuel producers, importers, distributors
and marketers and makes minor
corrections and modifications to the
RFS regulations.
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’’ is 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.’’
This proposed rule does not have
federalism implications. It would 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 action
proposes to make minor technical
corrections and modifications to
existing regulations in order to lessen
the burden on related parties. Thus,
Executive Order 13132 does not apply
to this rule.
F. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
This proposed rule does not have
tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). It applies to
gasoline and renewable fuel producers,
importers, distributors and marketers.
This action makes minor corrections
and modifications to the RFS
regulations, and does not impose any
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Federal Register / Vol. 73, No. 192 / Thursday, October 2, 2008 / Proposed Rules
enforceable duties on communities of
Indian tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This proposed action is not
subject to Executive Order 13045
because it would not establish an
environmental standard intended to
mitigate health or safety risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposal is not subject to
Executive Order 13211 (66 FR 18355
(May 22, 2001)), because it is not a
significant regulatory action under
Executive Order 12866.
Dated: September 25, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–23130 Filed 10–1–08; 8:45 am]
mstockstill on PROD1PC66 with PROPOSALS
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
16:20 Oct 01, 2008
Jkt 217001
List of Subjects in 40 CFR Part 80
Environmental protection, Fuel
additives, Gasoline, Imports, Motor
vehicle pollution, Reporting and
recordkeeping 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 to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. NTTAA directs EPA
to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
VerDate Aug<31>2005
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposal will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. These technical
amendments do not relax the control
measures on sources regulated by the
RFS regulations and therefore will not
cause emissions increases from these
sources.
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 07–2854; MB Docket No. 07–125; RM–
11375]
Radio Broadcasting Services; Oolitic,
IN
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This document requests
comments on a petition for rulemaking
filed by Bruce Quinn, requesting the
allotment of Channel 231A at Oolitic,
Indiana. The coordinates for Channel
231A at Oolitic, Indiana, are 38–59–16
NL and 86–37–47 WL. There is a site
restriction of 13.2 kilometers (8.2 miles)
northwest of the community. Proposed
Channel 231A is short-spaced to the
licensed site of Station WQKC–FM,
Channel 229B, Seymour, Indiana.
However, Station WQKC–FM’s license
was modified to specify operation on
Channel 230A at Sellersburg, Indiana in
MB Docket No. 03–98 and the FM Table
of Allotments was amended to reflect
this change. Therefore, no protection is
afforded to this license site. A Petition
for Reconsideration of the letter
dismissal of this Petition is dismissed as
moot.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Comments must be filed on or
before November 3, 2008, and reply
comments on or before November 17,
2008.
DATES:
Secretary, Federal
Communications Commission, 445
Twelfth Street, SW., Washington, DC
20554. In addition to filing comments
with the FCC, interested parties should
serve the petitioner as follows: Bruce
Quinn, 1217 Lafayette Avenue,
Columbus, Indiana 47201.
FOR FURTHER INFORMATION CONTACT:
Victoria M. McCauley, Media Bureau,
(202) 418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Notice of
Proposed Rulemaking, MB Docket No.
07–125, adopted June 27, 2007, and
released June 29, 2007. The full text of
this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 Twelfth Street, SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20054, telephone 800–
378–3160 or https://www.BCPIWEB.com.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ‘‘for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rulemaking is issued until the matter is
no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contacts.
For information regarding proper
filing procedures for comments, see 47
CFR 1.415 and 1.420.
ADDRESSES:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
Part 73 as follows:
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]]>Agencies
[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Proposed Rules]
[Pages 57274-57280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23130]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2005-0161; FRL-8723-4]
RIN 2060-AO80
Regulation of Fuels and Fuel Additives: Modifications to
Renewable Fuel Standard Program Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to take action on amendments to the Renewable
Fuel Standard program requirements. Following publication of the final
rule promulgating the Renewable Fuel Standard regulations, EPA
discovered a number of technical errors and areas within the
regulations that could benefit from clarification or modification. This
proposed rule would amend the regulations to make the appropriate
corrections, clarifications and modifications. In the ``Rules and
Regulations'' section of this Federal Register, we are amending the
Renewable Fuel Standard program requirements as a direct final rule
without a prior proposed rule. If we receive no adverse comment, we
will not take further action on this proposed rule.
DATES: Written comments must be received by November 3, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0161, by mail to Air and Radiation Docket, Docket No. EPA-HQ-
OAR-2005-0161, Environmental Protection Agency, Mailcode: 6406J, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
2 copies. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Mail Code: 6406J, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
343-9473; fax number: (202) 343-2802; e-mail address:
brachtl.megan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to take action on amendments to the
Renewable Fuel Standard program requirements. We have published a
direct final rule which amends the Renewable Fuel Standard program
requirements in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule and it will not take effect. We would address all
public comments in any subsequent final rule based on this proposed
rule. If we receive adverse comment on a distinct provision of this
rulemaking, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision.
[[Page 57275]]
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does This Action Apply to Me?
Entities potentially affected by this action include those involved
with the production, distribution and sale of gasoline motor fuel or
renewable fuels such as ethanol and biodiesel. Regulated categories and
entities affected by this action include:
----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS codes \a\ SIC codes \b\ parties
----------------------------------------------------------------------------------------------------------------
Industry................................. 324110 2911 Petroleum refiners, importers.
Industry................................. 325193 2869 Ethyl alcohol manufacturers.
Industry................................. 325199 2869 Other basic organic chemical
manufacturers.
Industry................................. 424690 5169 Chemical and allied products
merchant wholesalers.
Industry................................. 424710 5171 Petroleum bulk stations and
terminals.
Industry................................. 424720 5172 Petroleum and petroleum products
merchant wholesalers.
Industry................................. 454319 5989 Other fuel dealers.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could be potentially regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria of Part 80, subparts D, E and F of title 40
of the Code of Federal Regulations. If you have any question regarding
applicability of this action to a particular entity, consult the person
in the preceding FOR FURTHER INFORMATION CONTACT section above.
III. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
C. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided in 40 CFR part 2.
IV. Renewable Fuel Standard Program Amendments
Following publication of the final Renewable Fuel Standard (RFS)
program regulations (72 FR 23900, May 1, 2007), EPA discovered a number
of areas within the RFS regulations at 40 CFR Part 80, Subpart K that
were in error, were unclear, or otherwise could benefit from
modification. We have attempted to clarify some ambiguities in our
Question and Answer document for the RFS program.\1\ However, in some
cases we believe it is appropriate to modify the regulations. As a
result, we are proposing to make the following amendments to the RFS
regulations in Subpart K.
---------------------------------------------------------------------------
\1\ See ``Questions and Answers on the Renewable Fuel Standard
Program'' at https://www.epa.gov/otaq/renewablefuels/index.htm#comp.
---------------------------------------------------------------------------
A. Summary of Amendments
Below is a table listing the provisions that we are proposing to
amend. Many of the amendments address grammatical or typographical
errors, or provide minor clarifications. A few amendments are being
made in order to assist regulated entities in complying with the RFS
program requirements and to lessen regulatory requirements where
possible without compromising the goals of the RFS program. We have
provided additional explanation for several of these amendments in
sections IV.B through IV.H below.
[[Page 57276]]
RFS Program Amendments
------------------------------------------------------------------------
Section Description
------------------------------------------------------------------------
80.1101(d)(2)..................... Corrected typographical error.
80.1101(d)(3)..................... Clarified that no more than 5 volume
percent denaturant may be included
in the volume of ethanol produced,
imported or exported for purposes
of determining compliance with the
requirements under this subpart.
See Section IV.B.
80.1107(c)........................ Clarified that the gasoline products
to be included in an obligated
party's Renewable Volume Obligation
(RVO) calculation should not be
double-counted.
80.1126(a)(1)..................... Clarified that this provision
pertains to Renewable
Identification Number (RIN)
generation, not RIN transfers.
80.1126(b)........................ Clarified that renewable fuel
producers that are below the 10,000
gallon threshold are exempt from
the attest engagement requirements
in 80.1164 as well as other
reporting and recordkeeping
requirements.
80.1126(d)(1)..................... Clarified that the RIN that must be
generated for each batch of
renewable fuel that is produced or
imported is a ``batch-RIN.''
80.1127(b)(2)..................... Corrected typographical error in
deficit carryover equation.
80.1128(a)(5) (ii) and (iii); Revised this paragraph to allow
removed (a)(5) (iv) & (v). parties to use an equivalence value
of 2.5 RINs per gallon for any
renewable fuel for purposes of
calculating the end-of-quarter
check. See Section IV.C.
80.1128(a)(6); removed (a)(7)..... Deleted. Based on experience with
the program to date, we believe
this requirement is not necessary
to fulfill the goals of the
program. See Section IV.D. (Sec.
80.1128(a) has also been renumbered
to adjust for this change.)
80.1129(b)(1) and (b)(8).......... Revised to clarify that a party with
a small refinery or small refiner
exemption may only separate RINs
that have been assigned to a volume
of renewable fuel that the party
blends into motor vehicle fuel.
80.1129(b)(2)..................... Revised to clarify that up to 2.5
gallon-RINs may be separated when a
volume of renewable fuel is blended
into gasoline.
80.1129(b)(4)..................... Revised to allow any party to
separate the RINs from renewable
fuel that it produces or markets
for use in motor vehicles in neat
form, or uses in motor vehicles in
neat form. An oversight in the
current regulations only allows
this for renewable fuel producers
and importers.
80.1129(b)(6)..................... Revised to provide that this
provision applies only to neat fuel
for which an obligated party
generates RINs. See Section IV.E.
80.1129(d)........................ Revised to delete the requirement
that a separated RIN may not be
transferred on a product transfer
document that is used to transfer a
volume of renewable fuel, since it
will be clear from other
information required on the product
transfer document whether or not
any assigned RINs have also been
transferred with the fuel.
80.1131(a)(8); removed (b)(4)..... Moved the text in paragraph (b)(4)
to a new paragraph (a)(8) in order
to clarify that a RIN that is
transferred to two or more parties
is considered an invalid RIN.
80.1132(a), (b) and (c)........... Revised to clarify that the
requirements of Sec. 80.1132
apply to fuel that has been
disposed of as well as fuel that
has been spilled. See Section IV.F.
80.1141(a)(1), 80.1142(a)(1)...... Amended to clarify that a refinery
with an approved small refinery
exemption or a refiner with a small
refiner exemption is exempt from
requirements that apply to
obligated parties during the period
of time that the small refinery or
small refiner exemption is in
effect.
80.1141(a)(1)..................... Corrected calendar year reference.
80.1141(a)(4), 80.1142(a)(4)...... Revised to clarify that the small
refinery and small refiner
exemptions only apply to refineries
or refiners that process crude oil,
or feedstocks derived from crude
oil, through refinery processing
units.
80.1141(b)(2)(ii)................. Revised in order to clarify that
small refinery status can be
transferred with the sale of a
refinery. Section 80.1141(b)(2)(ii)
currently requires the owner of a
small refinery to submit a letter
stating that the company owned the
refinery as of the applicable date
for eligibility for small refinery
status. This provision has been
revised to require the letter only
to state that the refinery was
small as of the applicable date.
Thus, any refinery that qualifies
for small refinery status retains
its status even if the refinery is
sold to another company.
80.1142(e)........................ Revised to clarify that a refiner
who is disqualified as a small
refiner must notify EPA in writing
no later than 20 days following the
disqualifying event.
80.1151(a)(3)(i), (b)(4)(i) and Deleted requirement to retain
(d)(3)(i). records of ``expired RINs,'' since
it is apparent when a RIN has
expired from the date of the RIN
and information regarding expired
RINs is not required to be reported
to EPA. See Section IV.G.
80.1152(c)(1) (iii) and (v), Deleted requirement to report
(c)(2). ``expired RINs,'' since it will be
apparent when a RIN has expired
from other information provided in
the reports. Paragraph (c)(2) has
also been renumbered. See Section
IV.G. Deleted provisions relating
to the submission of transaction
and quarterly gallon-RIN reports on
a facility-by-facility basis, since
RIN trading activities are
conducted on a company basis.
80.1153(a)(5)..................... Revised to clarify the language
required to be included on product
transfer documents for transfers of
fuel with no assigned RINs.
80.1154(a)(4) and (b)............. Revised to clarify that producers
who produce less than 10,000
gallons of renewable fuel per year
are exempt from the attest
engagement requirements as well as
the other recordkeeping and
reporting requirements.
80.1160(a), (b)(1), and (f)....... Revised to clarify specific acts
that are prohibited under the RFS
program.
80.1164........................... Revised to clarify the attest
engagement requirements, and, where
possible, to modify the
requirements to make them less
burdensome. See Section IV.H.
80.1165, 80.1166, 80.1167......... Corrected typographical errors.
------------------------------------------------------------------------
B. Amount of Denaturant in Ethanol
Section 80.1101(d)(3) specifies that ethanol must contain a
denaturant to be covered by the definition of ``renewable fuel'' under
the RFS rule. For purposes of compliance with the RFS, a volume of
ethanol includes the volume of denaturant contained in the ethanol.
Under Sec. 80.1107(d), renewable fuel,
[[Page 57277]]
including denatured ethanol, is excluded from the volume of gasoline
produced or imported for purposes of calculating an obligated party's
RVO. Under Sec. 80.1130, any denatured ethanol that is exported is
included in the volume of renewable fuel exported for purposes of
calculating the exporter's RVO. However, the regulations do not specify
a maximum limit on the amount of denaturant that may be included in the
volume of ethanol produced, imported or exported for purposes of these
compliance calculations and other requirements under the RFS rule.
In promulgating the RFS regulations, we assumed that the amount of
denaturant included in a volume of ethanol normally would not exceed
the industry maximum specification under ASTM D-4806, which is 5
percent. Since the rule was published, it has come to our attention
that larger amounts of gasoline are sometimes used in ethanol as a
denaturant. We believe it is appropriate to limit the amount of
gasoline in ethanol that may be counted as a denaturant to an amount
that reflects the ASTM specification. As indicated above, under the
current regulations, any volume of gasoline contained in ethanol as a
denaturant is excluded from an obligated party's volume of gasoline
produced or imported for purposes of calculating the party's RVO. As a
result, an obligated party is not prohibited from adding large amounts
of gasoline to imported ethanol to avoid including the gasoline in its
RVO calculation, and, at the same time, increase the volume of
renewable fuel for which RINs could be generated. Therefore, we are
proposing to amend the RFS regulations to specify a limit of 5 volume
percent denaturant that may be included in a volume of ethanol for
purposes of determining compliance with requirements under the RFS
rule.
C. Equivalence Values for End-of-Quarter Check
Section 80.1128(a)(5) provides that any party who owns assigned
RINs must demonstrate that the sum of all assigned gallon-RINs that the
party owns at the end of a quarter does not exceed the sum of all
volumes of renewable fuel the party owns at the end of the quarter
multiplied by their respective equivalence values. Section
80.1128(a)(4) allows a party to transfer to another party up to 2.5
assigned RINs per gallon of any renewable fuel. Therefore, in some
cases, a party could receive fuel with more assigned RINs than would be
calculated for that volume of fuel using its equivalence value. As a
result, the party could be out of compliance with the end-of-quarter
check requirement in Sec. 80.1128(a)(5), unless the party had enough
fuel to sell with the excess RINs by the end of the quarter. For
example, a marketer that receives a gallon of biodiesel with 2.5
assigned gallon-RINs must calculate compliance with Sec. 80.1128(a)(5)
based on the equivalence value of the biodiesel, which is 1.5. If this
were the marketer's only transaction, the marketer would be out of
compliance at the end of the quarter since he would have an excess of
1.0 assigned gallon-RINs. To remedy this situation, we are proposing to
amend Sec. 80.1128(a)(5) to allow an equivalence value of 2.5 to be
used for any volume of renewable fuel for purposes of calculating
compliance with the end-of-quarter check requirement in Sec.
80.1128(a)(5).
D. RIN Transfer Requirements for Producers and Importers
The RFS program allows any party that receives assigned RINs with
renewable fuel to thereafter transfer anywhere from zero to 2.5 gallon-
RINs with each gallon of renewable fuel. This provision provides the
flexibility to transfer more assigned RINs with some volumes and fewer
assigned RINs with other volumes depending on the business
circumstances of the transaction and the number of RINs that the seller
has available.
However, this level of flexibility could contribute to short-term
hoarding on the part of producers and importers of renewable fuel. As a
result, we implemented a provision at Sec. 80.1128(a)(6) that requires
producers and importers to transfer assigned gallon-RINs with gallons
such that the ratio of assigned gallon-RINs to gallons is equal to the
equivalence value for the renewable fuel. In effect, this requires
renewable fuel producers and importers to transfer every single batch
of renewable fuel with all assigned RINs generated for that batch. We
have interpreted this provision as applying only to producers and
importers who only sell renewable fuel that they produce or import
themselves. It does not apply to producers or importers that are also
marketers of renewable fuel produced or imported by another party.
Since the start of the RFS program, there have been numerous
circumstances in which parties who purchase renewable fuel from a
producer or importer wanted to avoid the registration, recordkeeping,
and reporting requirements of the program. To do this, they had to
avoid taking ownership of RINs. In some cases the producer or importer
has accommodated such parties by taking ownership of renewable fuel
from another party, thereby becoming a marketer who is not subject to
Sec. 80.1128(a)(6). However, this has not always been possible, and in
such cases the purchaser has been forced to seek out alternative
sources of renewable fuel. This latter outcome is inconsistent with one
of our goals for the RFS program--structuring the program so it would
have only a minimal effect on common business practices.
After further consideration, we do not believe that producers and
importers of renewable fuel should be required to transfer all RINs
generated with every batch of renewable fuel that is produced. Instead,
we believe that it should be sufficient that they comply with the end-
of-quarter check in Sec. 80.1128(a)(5) and the restriction in that
section on the number of gallon-RINs that can be transferred with each
gallon. This change would recognize that most producers and importers
can already avoid the limitations of Sec. 80.1128(a)(6) by buying a
small quantity of renewable fuel from another party and thereby
becoming a marketer. The change would also have minimal impact on the
transfer of RINs with volume, as producers and importers would be
limited in the number of RINs they could hold onto given the end-of-
quarter check. As a result, we are proposing to amend the regulations
to delete the provisions contained in Sec. 80.1128(a)(6).
E. RINs That an Obligated Party Generates
Section 80.1129(b)(1) provides that an obligated party must
separate any RINs that have been assigned to a volume of renewable fuel
that the obligated party owns. An exception to this requirement is
provided in Sec. 80.1129(b)(6) for obligated parties who also generate
RINs. Under this section, an obligated party who generates RINs may
separate such RINs from volumes of renewable fuel only up to the level
of gallon-RINs of the party's RVO. The limitation in Sec.
80.1129(b)(6) was included in the regulations to prevent a renewable
fuel producer from importing a small amount of gasoline, which would
qualify the producer as an obligated party, in order to separate the
RINs from all of the renewable fuel that the party produced.
It has come to our attention that the limitation in Sec.
80.1129(b)(6) may be problematic in situations where a party imports
gasoline that contains renewable fuel. Under Sec. 80.1126(d), RINs
must be generated for any renewable fuel that is imported, including
any renewable fuel contained in imported gasoline. For example, if a
[[Page 57278]]
party imports 100 gallons of E10, the party would be required to
generate RINs for the volume of ethanol in the E10, which would be 10
gallon-RINs. The party also would calculate its RVO based on the
applicable RFS standard, which for 2008 is 7.76%. The standard as
applied to the gasoline part of the volume of imported E10 in the
example would result in an RVO of 6.98 gallon-RINs (7.76% x 90
gallons). Since the party would be able to separate RINs only up to the
party's RVO, or 6.98 gallon-RINs, the party would have 3.02 assigned
gallon-RINs which could not be separated. Under Sec. 80.1128(a)(5),
each party that owns assigned RINs must demonstrate that the party does
not own more assigned gallon-RINs at the end of each quarter than the
amount of renewable fuel in the party's inventory, multiplied by its
equivalence value. In the example above, the party would own 3.02
assigned gallon-RINs at the end of the quarter, but would not have any
renewable fuel in its inventory. As a result, the party would not be in
compliance with the requirement in Sec. 80.1128(a)(5).
To address this situation, this rule would modify the regulations
to apply the limitation in Sec. 80.1129(b)(6) only to neat renewable
fuel for which the party generates RINs and not to renewable fuel
already blended in gasoline. Thus, in the example above, the party
would generate 10 gallon-RINs for the ethanol contained in the E10 and
the party's RVO would be 6.98 gallon-RINs, but the party would be able
to separate all of the 10 gallon-RINs from the fuel. The party then
would have no assigned RINs at the end of the quarter and would not be
in violation of the requirement in Sec. 80.1128(a)(5). If the party in
our example imported 100 gallons of non-ethanol gasoline and 10 gallons
of neat renewable fuel, the party would generate 10 gallon-RINs, but
could only separate RINs up to the party's RVO, which be 7.76 gallon-
RINs (7.76% x 100 gallons). As a result, the party would have 2.24
assigned gallon-RINs left, but would also have10 gallons of renewable
fuel in its inventory, and, therefore, the party would be in compliance
with the requirement in Sec. 80.1128(a)(5).
F. Renewable Fuel That Has Been Disposed of
Under Sec. 80.1132, in the event of a spillage of renewable fuel
that is required by a federal, state or local authority to be reported,
the owner of the renewable fuel must retire an appropriate number of
gallon-RINs. Since the RFS rule was promulgated, it has come to our
attention that disposal of renewable fuel may also be required to be
reported to a government authority. We believe it is appropriate to
treat such disposals of renewable fuel in the same manner as spillages
of renewable fuel, since in both situations the fuel will not
ultimately be used in motor vehicle fuel. As a result, we are proposing
to amend Sec. 80.1132 to apply to reportable disposals of renewable
fuel as well as reportable spillages of renewable fuel.
G. Elimination of Expired RIN Category
Under Sec. 80.1127(a)(3), RINs may only be used to demonstrate
compliance with the RVO for the calendar year in which they were
generated or the following year. Therefore, after two years, RINs have
no value and are deemed to have expired. The regulations currently
require information regarding expired RINs to be retained and included
in the reports submitted to EPA. However, since EPA will know from the
information contained in the RIN when the RIN was generated, EPA will
also know when the RIN has expired. Therefore, we have determined that
the requirements to retain records of expired RINs and to include
information regarding expired RINs in the reports submitted to EPA are
unnecessary, and, as a result, we are proposing to amend the
regulations to eliminate the requirements to retain records and report
information regarding expired RINs.
H. Attest Engagements
This rule proposes to make several revisions to the attest
engagement provisions in Sec. 80.1164 in order to correct minor
technical errors, clarify the procedures required to be fulfilled by
the attest auditor, and, where possible, revise the procedures to make
them less burdensome without compromising the goals of the program. For
audits of the obligated party compliance demonstration reports, the
rule proposes to require the attest auditor to calculate the total
number of RINs used for compliance by year of generation and reconcile
that total with the information reported to EPA rather than calculating
and reporting as a finding all RINs used for compliance. For audits of
the RIN transaction and RIN activity reports, the rule proposes to
clarify the type of documentation that is required to be provided to
the attest auditor for purposes of verifying the information contained
in the reports. The rule also proposes to require the attest auditor to
review product transfer documents (PTDs) for a representative sample of
RINs used for compliance and a representative sample of renewable fuel
batches that any party sells to another party. Under the current
regulations, the auditor is required to review PTDs for each batch of
renewable fuel produced or imported by a renewable fuel producer or
importer, which we believe is unnecessarily burdensome, and does not
require review of PTDs generated by other parties. In addition, the
rule proposes to provide that the documentation required for the attest
audit of the RIN activity reports must include, for owners of assigned
RINs, the volume of renewable fuel owned at the end of the quarter in
order to verify the accuracy of information relating to compliance with
the end-of-quarter inventory check in Sec. 80.1128(a)(5). The rule
proposes to add a requirement that a company representative must
provide the attest auditor with a written representation that the
copies of the EPA reports provided to the auditor are complete and
accurate copies of the reports. This is a requirement for attest
procedures under other fuels programs and omission of this requirement
in the RFS rule was an oversight. The rule also proposes to include a
provision which requires the attest auditor to identify the commercial
computer program used by the regulated party to track the data required
for purposes of compliance with the RFS requirements.
V. Relationship to the Energy Independence and Security Act of 2007
The Energy Independence and Security Act of 2007 (EISA) amended
Clean Air Act section 211(o) in many respects, including requiring a
substantially greater volume of renewable fuel use in the future. EPA
is currently developing implementing regulations for this new
legislation. EISA also included language addressing the transition
period between its enactment and the time when new regulations are
promulgated. EISA Section 210(a)(2) provides that ``[u]ntil January 1,
2009, the Administrator of the Environmental Protection Agency shall
implement section 211(o) of the Clean Air Act and the rules promulgated
under that section in accordance with the provisions of that section as
in effect before the enactment of this Act and in accordance with the
rules promulgated before the enactment of this Act,'' with certain
exceptions. EPA believes that the intent of this transition provision
of EISA was to maintain the fundamental program components and
requirements of the existing regulations, but that it does not limit
EPA's ability to make minor programmatic changes that ease the
administration and implementation of the current program. Accordingly,
EPA views the changes proposed today
[[Page 57279]]
to the 211(o) regulations to be ``in accordance'' with the regulations
in effect when EISA was enacted, and will implement the finalized
regulations upon their effective date.
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 must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
(1) 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;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this action is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review. This proposed rule simply makes
minor technical changes to the RFS regulations and modifies the
requirements to make them less burdensome for regulated parties where
possible.
B. Paperwork Reduction Act
This action does not propose to impose any new information
collection burden. This action proposes to make minor technical
corrections to the regulations and modifies certain requirements to
lessen the burden on related parties while maintaining the overall
goals of the program. None of the changes in the rule require any
additional information collection burdens. The Office of Management and
Budget (OMB) has previously approved the information collection
requirements contained in the existing regulations 40 CFR part 80,
subpart K, under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. and has assigned OMB control number 2060-0600. The
OMB control numbers for EPA's regulations in 40 CFR are listed in 40
CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This action proposes to make minor technical corrections to the
regulations and modifies certain requirements to lessen the burden on
regulated parties while maintaining the overall goals of the program.
We have therefore concluded that today's proposed rule will relieve
regulatory burden for affected small entities.
D. Unfunded Mandates Reform Act
This proposed rule does not contain a Federal mandate that may
result in expenditures of $100 million or more for State, local, and
tribal governments, in the aggregate, or the private sector in any one
year. This action makes minor technical corrections to the RFS
regulations and modifies certain provisions to lessen the requirements
for regulated parties. As a result, this proposed rule will have the
overall effect of reducing the burden of the RFS regulations on
regulated parties. Thus, this proposal is not subject to the
requirements of sections 202 or 205 of UMRA.
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. It only
applies to gasoline and renewable fuel producers, importers,
distributors and marketers and makes minor corrections and
modifications to the RFS regulations.
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'' is 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.''
This proposed rule does not have federalism implications. It would
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 action proposes to make
minor technical corrections and modifications to existing regulations
in order to lessen the burden on related parties. Thus, Executive Order
13132 does not apply to this rule.
F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This proposed rule does not have tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It applies to
gasoline and renewable fuel producers, importers, distributors and
marketers. This action makes minor corrections and modifications to the
RFS regulations, and does not impose any
[[Page 57280]]
enforceable duties on communities of Indian tribal governments. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
proposed action is not subject to Executive Order 13045 because it
would not establish an environmental standard intended to mitigate
health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposal is not subject to Executive Order 13211 (66 FR 18355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
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 to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposal will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These technical amendments do not relax the control
measures on sources regulated by the RFS regulations and therefore will
not cause emissions increases from these sources.
List of Subjects in 40 CFR Part 80
Environmental protection, Fuel additives, Gasoline, Imports, Motor
vehicle pollution, Reporting and recordkeeping requirements.
Dated: September 25, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-23130 Filed 10-1-08; 8:45 am]
BILLING CODE 6560-50-P
