Notice of Receipt of a Clean Air Act Waiver Application To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Extension of Comment Period, 23704-23705 [E9-11785]

Download as PDF 23704 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices List of Subjects Environmental protection, Chemicals, Premanufacturer notices. Dated: May 4, 2009. Darryl S. Ballard Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [FR Doc. E9–11749 Filed 5–19–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2009–0211; FRL–8907–7] Notice of Receipt of a Clean Air Act Waiver Application To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Notice; extension of comment period. AGENCY: SUMMARY: The U.S. Environmental Protection Agency (‘‘EPA’’), in response to many requests from the public, is extending the public comment period on the waiver application to increase the allowable ethanol content of gasoline to 15 percent (‘‘E15’’) which was submitted by Growth Energy and 54 ethanol manufacturers on March 6, 2009. EPA published notice of receipt and request for comment in the Federal Register for Growth Energy’s application on April 21, 2009 (74 FR 18228). The public comment period was to end on May 21, 2009. The purpose of this document is to extend the comment period an additional 60 days until July 20, 2009. This extension of the comment period is provided to allow the public additional time to respond to the legal and technical issues raised in the application. This action does not extend the 270-day statutory deadline for the Administrator to grant or deny the E15 waiver request, which ends on December 1, 2009. DATES: Written comments must be received on or before July 20, 2009. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2009–0211, 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–2009– 0211, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania VerDate Nov<24>2008 17:52 May 19, 2009 Jkt 217001 Ave., 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–2009– 0211. 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. 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. How Can I Access the Docket? EPA has established a public docket for this application under Docket ID No. EPA–HQ–OAR–2009–0211, 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 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 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. FOR FURTHER INFORMATION CONTACT: Robert K. Anderson, Office of Transportation and Air Quality (6405J), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 343–7518; fax number: (202) 343–2802; e-mail address: anderson.robert@epa.gov. SUPPLEMENTARY INFORMATION: Background On March 6, 2009, Growth Energy and 54 ethanol manufacturers submitted an application to the U.S. Environmental Protection Agency for a waiver of the prohibition of the introduction into commerce of certain fuels and fuel additives set forth in section 211(f) of the Clean Air Act (‘‘the Act’’). This application seeks a waiver for ethanolgasoline blends of up to 15 percent by volume ethanol (‘‘E15’’). On April 21, 2009, EPA published notice for the receipt of the application, and, as required by section 211(f)(4) of the Act, EPA requested public comment on all aspects of the waiver application that will assist the Administrator in determining whether the statutory basis for granting the waiver request for ethanol-gasoline blends containing up to E15 has been met (See 74 FR 18228). EPA originally provided a 30-day period for the public to respond. The deadline for public comment was May 21, 2009. In a letter dated April 17, 2009, the National Corn Growers Association requested a 60-day extension to the comment period. On April 27, 2009, EPA received a request from 36 national organizations who stated they represent a diverse cross-section of interests and who requested a 60-day extension to the comment window. Also on April 27, 2009, the Alliance of Automobile Manufacturers requested a 45-day extension. Finally, on May 6, 2009, AllSAFE—a group of national consumer, manufacturing, and gasoline retailer associations that utilize gasoline and ethanol fuel blends—requested a minimum 30-day extension to the comment period. In general, these parties stated that additional time would be needed in order to allow E:\FR\FM\20MYN1.SGM 20MYN1 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices commenters more time to properly address the complex legal and technical issues and provide more thorough comments that would aid in considering the E15 waiver. Although EPA agrees that additional time for comments may be needed, this need must be balanced against the need to allow EPA ample time to review all relevant data and public submissions before the 270-day statutory decision deadline. EPA believes an additional 60 days would allow adequate time for these stakeholders and others to provide meaningful comment on the E15 waiver request. EPA does not anticipate any further extension of the comment period for this waiver request. Extension of Comment Period EPA has determined that extension of the comment period would aid in providing the public an adequate amount of time to respond to the complex legal and technical issues that result from possibly allowing E15 to be sold commercially. Accordingly, the public comment period for the E15 waiver to section 211(f) of the Act is extended until July 20, 2009. This action does not extend the 270-day statutory deadline of December 1, 2009, for the Administrator to grant or deny the E15 waiver request. Dated: May 14, 2009. Elizabeth Craig, Acting Assistant Administrator, Office of Air and Radiation. [FR Doc. E9–11785 Filed 5–19–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2009–0277; FRL–8904–6] Protection of Stratospheric Ozone: Request for Critical Use Exemption Applications for 2012 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Solicitation of Applications and Information on Alternatives. SUMMARY: EPA is soliciting applications for the critical use exemption from the phaseout of methyl bromide for 2012 and beyond. This exemption is an annual exemption and all entities interested in obtaining a critical use exemption must provide EPA with technical and economic information to support a ‘‘critical use’’ claim and must do so by the deadline specified in this notice even if they have previously applied for an exemption. Today’s VerDate Nov<24>2008 15:27 May 19, 2009 Jkt 217001 notice also invites interested parties to provide EPA with new data on the technical and economic feasibility of methyl bromide alternatives. DATES: Applications for the critical use exemption must be postmarked on or before July 20, 2009. The response period reflects the clarifications and reduction of burden in the application. ADDRESSES: Applications for the methyl bromide critical use exemption should be submitted in duplicate (two copies) by mail to: U.S. Environmental Protection Agency, Office of Air and Radiation, Stratospheric Protection Division, Attention Methyl Bromide Team, Mail Code 6205J, 1200 Pennsylvania Ave, NW., Washington, DC 20460 or by courier delivery (other than U.S. Post Office overnight) to: U.S. Environmental Protection Agency, Office of Air and Radiation, Stratospheric Protection Division, Attention Methyl Bromide Review Team, 1310 L St. NW., Room 1040, Washington DC 20005. EPA also encourages users to submit their applications electronically to Robert Burchard, Stratospheric Protection Division, at burchard.robert@epa.gov. If the application is submitted electronically, applicants must fax a signed copy of Worksheet 1 to Robert Burchard at 202–343–2338 by the application deadline. FOR FURTHER INFORMATION CONTACT: General Information: U.S. EPA Stratospheric Ozone Information Hotline, 1–800–296–1996; also https:// www.epa.gov/ozone/mbr. Technical Information: Bill Chism, U.S. Environmental Protection Agency, Office of Pesticide Programs (7503P), 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 703–308–8136. E-mail: chism.bill@epa.gov. Economic Information: Elisa Rim, U.S. Environmental Protection Agency, Office of Pesticide Programs (7503P), 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 703–308–8123. E-mail: rim.elisa@epa.gov. Regulatory Information: Robert Burchard, U.S. Environmental Protection Agency, Stratospheric Protection Division (6205J), 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 202–343–9126. E-mail: burchard.robert@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. What do I need to know to respond to this request for applications? A. Who can respond to this request for information? B. Whom can I contact to find out whether a consortium is submitting an application for my methyl bromide use? PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 23705 C. How do I obtain an application form for the methyl bromide critical use exemption? D. What alternatives must applicants address when applying for a critical use exemption? E. What portions of the applications will be considered confidential business information? F. Must I submit a ‘‘Notice of Intent to Apply’’? G. What if I submit an incomplete application? H. What if I applied for a critical use exemption in a previous year? II. What is the legal authority for the critical use exemption? A. What is the Clean Air Act (CAA) authority for the critical use exemption? B. What is the Montreal Protocol authority for the critical use exemption? III. How is the U.S. implementing the critical use exemption? I. What do I need to know to respond to this request for applications? A. Who can respond to this request for information? Entities interested in obtaining a critical use exemption must complete the application form available at https://www.epa.gov/ozone/mbr. The application form may be submitted either by a consortium representing multiple users who have similar circumstances or by individual users who anticipate needing methyl bromide in 2012 and believe there are no technically and economically feasible alternatives. EPA encourages groups of users with similar circumstances of use to submit a single application (for example, any number of pre-plant users with similar soil, pest, and climactic conditions can join together to submit a single application). In some instances, state agencies will assist users with the application process (see discussion of voluntary state involvement in Part I.B. below). Given that this is the eighth round of the critical use exemption process, EPA will take a skeptical view regarding supporting new nominations (meaning, specific applicants who have not previously been nominated by the U.S. Government for an exemption) unless the applicant demonstrates that an unforeseeable change in circumstances (e.g., withdrawal or significant change in registration status of an alternative) justifies the need. In addition to requesting information from applicants for the critical use exemption, this solicitation for information provides an opportunity for any interested party to provide EPA with information on methyl bromide alternatives (e.g., technical and/or economic feasibility research). The application form for the methyl bromide critical use exemption and other E:\FR\FM\20MYN1.SGM 20MYN1

Agencies

[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23704-23705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11785]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0211; FRL-8907-7]


Notice of Receipt of a Clean Air Act Waiver Application To 
Increase the Allowable Ethanol Content of Gasoline to 15 Percent; 
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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

SUMMARY: The U.S. Environmental Protection Agency (``EPA''), in 
response to many requests from the public, is extending the public 
comment period on the waiver application to increase the allowable 
ethanol content of gasoline to 15 percent (``E15'') which was submitted 
by Growth Energy and 54 ethanol manufacturers on March 6, 2009. EPA 
published notice of receipt and request for comment in the Federal 
Register for Growth Energy's application on April 21, 2009 (74 FR 
18228). The public comment period was to end on May 21, 2009. The 
purpose of this document is to extend the comment period an additional 
60 days until July 20, 2009. This extension of the comment period is 
provided to allow the public additional time to respond to the legal 
and technical issues raised in the application. This action does not 
extend the 270-day statutory deadline for the Administrator to grant or 
deny the E15 waiver request, which ends on December 1, 2009.

DATES: Written comments must be received on or before July 20, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0211, 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-
2009-0211, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Ave., 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-
2009-0211. 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. 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.

How Can I Access the Docket?

    EPA has established a public docket for this application under 
Docket ID No. EPA-HQ-OAR-2009-0211, 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.

FOR FURTHER INFORMATION CONTACT: Robert K. Anderson, Office of 
Transportation and Air Quality (6405J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-7518; fax number: (202) 343-2802; e-mail address: 
anderson.robert@epa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2009, Growth Energy and 54 ethanol manufacturers 
submitted an application to the U.S. Environmental Protection Agency 
for a waiver of the prohibition of the introduction into commerce of 
certain fuels and fuel additives set forth in section 211(f) of the 
Clean Air Act (``the Act''). This application seeks a waiver for 
ethanol-gasoline blends of up to 15 percent by volume ethanol 
(``E15''). On April 21, 2009, EPA published notice for the receipt of 
the application, and, as required by section 211(f)(4) of the Act, EPA 
requested public comment on all aspects of the waiver application that 
will assist the Administrator in determining whether the statutory 
basis for granting the waiver request for ethanol-gasoline blends 
containing up to E15 has been met (See 74 FR 18228). EPA originally 
provided a 30-day period for the public to respond. The deadline for 
public comment was May 21, 2009.
    In a letter dated April 17, 2009, the National Corn Growers 
Association requested a 60-day extension to the comment period. On 
April 27, 2009, EPA received a request from 36 national organizations 
who stated they represent a diverse cross-section of interests and who 
requested a 60-day extension to the comment window. Also on April 27, 
2009, the Alliance of Automobile Manufacturers requested a 45-day 
extension. Finally, on May 6, 2009, AllSAFE--a group of national 
consumer, manufacturing, and gasoline retailer associations that 
utilize gasoline and ethanol fuel blends--requested a minimum 30-day 
extension to the comment period. In general, these parties stated that 
additional time would be needed in order to allow

[[Page 23705]]

commenters more time to properly address the complex legal and 
technical issues and provide more thorough comments that would aid in 
considering the E15 waiver.
    Although EPA agrees that additional time for comments may be 
needed, this need must be balanced against the need to allow EPA ample 
time to review all relevant data and public submissions before the 270-
day statutory decision deadline. EPA believes an additional 60 days 
would allow adequate time for these stakeholders and others to provide 
meaningful comment on the E15 waiver request. EPA does not anticipate 
any further extension of the comment period for this waiver request.

Extension of Comment Period

    EPA has determined that extension of the comment period would aid 
in providing the public an adequate amount of time to respond to the 
complex legal and technical issues that result from possibly allowing 
E15 to be sold commercially. Accordingly, the public comment period for 
the E15 waiver to section 211(f) of the Act is extended until July 20, 
2009. This action does not extend the 270-day statutory deadline of 
December 1, 2009, for the Administrator to grant or deny the E15 waiver 
request.

    Dated: May 14, 2009.
Elizabeth Craig,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E9-11785 Filed 5-19-09; 8:45 am]
BILLING CODE 6560-50-P
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