Notice of Receipt of Petitions for a Waiver of the Renewable Fuel Standard, 71607-71609 [2013-28301]

Download as PDF Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices EIS No. 20130353, Draft EIS, BLM, CA, Soda Mountain Solar Project, Comment Period Ends: 03/03/2014, Contact: Jeff Childers 951–697–5308. EIS No. 20130354, Final EIS, FHWA, FL, Crosstown Expressway Extension, Review Period Ends: 12/30/2013, Contact: Cathy Kendall 850–553– 2225. Amended Notices EIS No. 20130335, Final EIS, BLM, NV, Pan Mine Project, Review Period Ends: 12/19/2013, Contact: Miles Kreidler 775–289–1893 Revision to FR Notice Published 11/20/2013; Extending Review Period from 12/16/ 2013 to 12/19/2013. EIS No. 20130348, Draft EIS, BLM, UT, TransWest Express Transmission Project, Contact: Sharon Knowlton 307–775–6124; Revision to FR Notice Published 11/22/2013; Retracted due to erroneous filing. Dated: November 25, 2013. Cliff Rader, Director, NEPA Compliance Division, Office of Federal Activities. [FR Doc. 2013–28658 Filed 11–27–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2013–0747; FRL–9903–35– OAR] Notice of Receipt of Petitions for a Waiver of the Renewable Fuel Standard Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received a number of petitions for a waiver of the renewable fuel standards that would apply in 2014. The American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) submitted a joint petition to the Administrator, dated August 13, 2013, on behalf of their members requesting a partial waiver of the 2014 applicable volumes under the RFS. Subsequently, several refining companies submitted individual petitions to the Administrator that also request a waiver of the 2014 applicable volumes. Section 211(o)(7)(A) of the Clean Air Act allows the Administrator of the EPA to waive the national volume requirements of the renewable fuel standard program in whole or in part if the Administrator determines that implementation of those requirements would severely harm the economy or environment of a State, a region, or the United States, or that there is sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:56 Nov 27, 2013 Jkt 232001 inadequate domestic supply. EPA is inviting comment on all issues relevant to the petitions for a waiver that have been submitted. Comments submitted in response to a related Federal Register notice proposing the 2014 volume requirements will be considered to also have been submitted to the docket for this notice. DATES: Comments must be received on or before January 28, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2013–0747, by one of the following methods: • 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–2013– 0479, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: EPA Docket Center, Public Reading Room, EPA West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments on the petitions for a waiver of the 2014 volume requirements to Docket ID No. EPA–HQ–OAR–2013–0747. Comments submitted in response to a related Federal Register notice proposing the 2014 volume requirements, docket EPA–HQ–OAR–2013–0479, will be considered to also have been submitted to Docket ID No. EPA–HQ–OAR–2013– 0747. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or email. The 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 email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 71607 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 http:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: David Korotney, Office of Transportation and Air Quality, Environmental Protection Agency, National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105; telephone number: (734) 214–4507; fax number: (734) 214– 4050; email address: korotney.david@ epa.gov. SUPPLEMENTARY INFORMATION: I. How can I access the docket and/or submit comments? EPA has established a public docket for this Notice under Docket ID No. EPA–HQ–OAR–2013–0747 which is available for online viewing at 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 www.regulations.gov to obtain a copy of the waiver requests, 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. II. Background The Renewable Fuel Standard (RFS) program began in 2006 pursuant to the Energy Policy Act of 2005 (EPAct), which added a renewable fuel program to the Clean Air Act (CAA, or ‘‘Act’’). The statutory provisions for the RFS program were subsequently modified through the Energy Independence and Security Act of 2007 (EISA), and EPA published revised regulatory E:\FR\FM\29NON1.SGM 29NON1 sroberts on DSK5SPTVN1PROD with NOTICES 71608 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices requirements on March 26, 2010 (75 FR 14670). The transition from the requirements of EPAct to the requirements of EISA generally occurred on July 1, 2010. EISA establishes annual ‘‘applicable volumes’’ for four categories of renewable fuel: cellulosic biofuel, biomass based diesel, advanced biofuel, and total renewable fuel. The statute specifies increasing applicable volumes through 2022 for all fuel types except biomass-based diesel, for which applicable volumes are specified through 2012. For years after those specified in the statute, EPA is to establish the applicable volumes after consideration of specified factors. The statute requires that EPA annually establish percentage standards that will ensure that required annual volumes of renewable fuels are used. However, EISA also provides the Administrator with authority to waive the applicable volumes of renewable fuels in appropriate circumstances. The required volumes and associated percentage standards under the RFS program for the 2014 compliance year are being proposed in a related Federal Register notice. Under the RFS program, obligated parties, typically gasoline or diesel refiners or importers, are required to meet annual percentage standards to be in compliance. EPA sets these percentages, called the RFS percentage standards or RFS standards. Renewable identification numbers, or RINs, are assigned by renewable fuel producers to each gallon of qualifying renewable fuel that they produce, and serve as a means for demonstrating compliance by the obligated parties. RINs can be acquired by obligated parties who purchase renewable fuel with assigned RINs, or they can be purchased by obligated parties from other parties who have accumulated more RINs than necessary for their own compliance. Aside from using current-year RINs to demonstrate compliance in a given year, obligated parties may also choose (a) to use available RINs from the prior year towards the current year’s requirement, up to a 20 percent cap, and/or (b) to carry forward a compliance deficit that can be satisfied in the next compliance year. Section 211(o)(7)(A) of the Act allows the Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, to waive the national volume requirements of the RFS, in whole or in part, upon petition by one or more States, or by any party subject to the requirements of the RFS program. The Administrator may also waive the volume requirements on her own motion. A waiver may be issued if VerDate Mar<15>2010 17:56 Nov 27, 2013 Jkt 232001 the Administrator determines, after public notice and opportunity for comment, that implementation of the RFS volume requirement would severely harm the economy or environment of a State, a region, or the United States, or that there is an inadequate domestic supply. If a waiver is granted, it can last no longer than one year but may be renewed by the Administrator after consultation with the Secretary of Agriculture and the Secretary of Energy. III. What is today’s action? The American Petroleum Institute (API) and the American Fuel & Petrochemical Manufacturers (AFPM) submitted a petition to the Administrator, dated August 13, 2013, on behalf of their members requesting a partial waiver of the 2014 applicable volumes under the RFS. Subsequently, several refining companies submitted individual petitions to the Administrator that also request a waiver of the 2014 applicable volumes; nearly all of the petitions from individual companies incorporate the API/AFPM petition by reference. All of the petition letters are available in the docket, and any additional similar requests submitted to EPA will also be docketed and considered together with requests already received. EPA is seeking comment on the petitions for a waiver of the 2014 renewable fuel standard and matters relevant to EPA’s consideration of those petitions. The petitions generally argue that there is an inadequate domestic supply of renewable fuel and therefore RINs for 2014, due both to ethanol ‘‘blendwall’’ constraints and limitations on the production of non-ethanol fuels like biodiesel. Petitioners argue that this inadequate supply of renewable fuel (and RINs) will lead to an inadequate supply of gasoline and diesel, because refiners and importers, faced with a shortage of RINs, will reduce their production of gasoline and diesel for the domestic market. Petitioners argue that this will in turn severely harm the economy based on increased domestic gasoline and diesel prices. Petitioners attached an analysis, dated October 2012, conducted by NERA Economic Consulting, titled ‘‘Economic Impacts Resulting from Implementation of RFS2 Program [sic].’’ The petition requests that EPA exercise its waiver authorities under section 211(o)(7) to reduce the required national volume of total renewable fuel and advanced biofuel to certain specified levels. In a separate action that proposes the applicable RFS percentage standards for 2014, EPA is proposing to waive part of PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 the 2014 statutory RFS volumes. Specifically, in the separate Federal Register Notice of Proposed Rulemaking for the 2014 standards, EPA is proposing to find that there is an inadequate domestic supply of renewable fuels in 2014 under section 211(o)(7)(A). EPA is also proposing to reduce the applicable volume of cellulosic biofuel under section 211(o)(7)(D). Based on these findings, EPA is proposing to reduce the applicable volumes of total renewable fuel and advanced biofuel. EPA is not, however, proposing to find that implementation of the standards would severely harm the economy. In its separate proposal to establish the 2014 RFS volumes and percentage standards, EPA discusses in detail the legal, technical, and policy considerations that are the basis for its proposal. EPA recognizes that there is significant overlap in the supporting data and issues raised in the petitions for a waiver and EPA’s rulemaking to set the RFS percentage standards for 2014. Therefore, for the convenience of the parties and to avoid duplicative submissions by parties to both dockets, EPA will treat all comments and other information submitted to the docket for the 2014 RFS rulemaking (EPA–HQ– OAR–2013–0479) as also submitted to the docket for the petitions for a waiver (EPA–HQ–OAR–2013–0747). Therefore, parties will only need to submit additional comments or information to docket EPA–HQ–OAR–2013–0747 if those comments and information are intended solely for the petitions for a waiver and not for the rulemaking to set the 2014 RFS standards. EPA requests that such comments on the waiver petitions be submitted in the same time frame as comments on the rulemaking proposal. In light of the overlap in issues between the rulemaking proposal and petitions for waiver, EPA expects that our determination on the substance of the petitions for a partial waiver of the 2014 statutory volumes will be issued at the same time that EPA issues a final rule establishing the 2014 RFS standards. EPA is issuing this notice to solicit comments and information on all of the issues raised in the petitions for a waiver. Commenters should include data or specific examples in support of their comments in order to aid the Administrator in evaluating the requests for a waiver and determining what action if any is appropriate in light of all of the circumstances. E:\FR\FM\29NON1.SGM 29NON1 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Notices Dated: November 15, 2013. Janet G. McCabe, Acting Assistant Administrator, Office of Air and Radiation. [FR Doc. 2013–28301 Filed 11–27–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–1017; FRL–9902–77] Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine; Notice of Receipt of Requests To Voluntarily Cancel and Amend Registration(s) To Terminate Certain Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily amend their Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine product registrations to delete one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the use has been deleted only if such sale, distribution, or use is consistent with the terms as described in the final order. DATES: Comments must be received on or before December 30, 2013. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2009–1017, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.htm. Additional instructions on commenting or visiting the docket, sroberts on DSK5SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:56 Nov 27, 2013 Jkt 232001 71609 along with more information about dockets generally, is available at http: //www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: John W. Pates, Jr. Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8195; email address: pates.john@epa.gov. SUPPLEMENTARY INFORMATION: v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. vi. Provide specific examples to illustrate your concerns and suggest alternatives. vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. viii. Make sure to submit your comments by the comment period deadline identified. I. General Information II. Background on the Receipt of Requests To Cancel and/or Amend Registrations To Delete Uses This notice announces receipt by EPA of requests from registrants Wagner Regulatory Associates, Inc., on behalf of Willowood Lambda Cyhalothrin LLC, Gowan Company, Farnam Companies, Inc., Pyxis Regulatory Consulting, Inc. on behalf of Alligare, LLC. and Makhteshim Agan of North America, Inc. (MANA) to delete certain uses of Methiocarb, Lambda-Cyhalothrin, Permethrin and Prodiamine product registrations. In letters dated September 10, 2013, September 27, 2013, September 20, 2013, October 28, 2013 and October 31, 2013 the Gowan Company, Wagner Regulatory Associates, Inc., Farnam Companies, Inc., Pyxis Regulatory Consulting, Inc. and MANA requested EPA to cancel certain uses of pesticide product registrations identified in Tables 1 and 2 of Unit II., respectively. Specifically, Gowan Company voluntarily requested the removal/deletion of domestic outdoor uses and nonresidential turf uses from the Methiocarb technical label. The registrant also requested a 30day comment period, and waived the 180-day comment period. Wagner Regulatory Associates, Inc. voluntarily requested the cancellation of indoor and outdoor residential uses from the Willowood Lambda-Cyhalothrin technical label. The registrant requested a 30-day comment period, and waived the 180-day comment period. Farnam Companies, Inc. voluntarily requested the cancellation of dog use from the Permethrin Farnam Purge Plus Insecticide label. The registrant requested a 30-day comment period, and waived the 180-day comment period. Pyxis Regulatory Consulting, Inc. voluntarily requested the use deletion of weed control of drainage ditches in California and Arizona from the Alligare Prodiamine 4L and 65 WG Herbicide labels. The registrant requested a 30-day comment period, and waived the 180-day comment period. MANA voluntarily requested the termination of the drainage ditch uses A. Does this action apply to me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders including environmental, human health, and agricultural advocates; the chemical industry; pesticide users; and members of the public interested in the sale, distribution, or use of pesticides. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. 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. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number). ii. 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. iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/ or data that you used. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Notices]
[Pages 71607-71609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28301]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0747; FRL-9903-35-OAR]


Notice of Receipt of Petitions for a Waiver of the Renewable Fuel 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a number of petitions for a waiver of the 
renewable fuel standards that would apply in 2014. The American 
Petroleum Institute (API) and the American Fuel & Petrochemical 
Manufacturers (AFPM) submitted a joint petition to the Administrator, 
dated August 13, 2013, on behalf of their members requesting a partial 
waiver of the 2014 applicable volumes under the RFS. Subsequently, 
several refining companies submitted individual petitions to the 
Administrator that also request a waiver of the 2014 applicable 
volumes. Section 211(o)(7)(A) of the Clean Air Act allows the 
Administrator of the EPA to waive the national volume requirements of 
the renewable fuel standard program in whole or in part if the 
Administrator determines that implementation of those requirements 
would severely harm the economy or environment of a State, a region, or 
the United States, or that there is inadequate domestic supply. EPA is 
inviting comment on all issues relevant to the petitions for a waiver 
that have been submitted. Comments submitted in response to a related 
Federal Register notice proposing the 2014 volume requirements will be 
considered to also have been submitted to the docket for this notice.

DATES: Comments must be received on or before January 28, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0747, by one of the following methods:
     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-
2013-0479, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Avenue NW., Washington, DC 20460. Please include a total 
of two copies.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.
    Instructions: Direct your comments on the petitions for a waiver of 
the 2014 volume requirements to Docket ID No. EPA-HQ-OAR-2013-0747. 
Comments submitted in response to a related Federal Register notice 
proposing the 2014 volume requirements, docket EPA-HQ-OAR-2013-0479, 
will be considered to also have been submitted to Docket ID No. EPA-HQ-
OAR-2013-0747. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at 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 www.regulations.gov 
or email. The 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 email comment directly to EPA without going through 
www.regulations.gov, your email 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 http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: David Korotney, Office of 
Transportation and Air Quality, Environmental Protection Agency, 
National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann 
Arbor, MI 48105; telephone number: (734) 214-4507; fax number: (734) 
214-4050; email address: korotney.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. How can I access the docket and/or submit comments?

    EPA has established a public docket for this Notice under Docket ID 
No. EPA-HQ-OAR-2013-0747 which is available for online viewing at 
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 www.regulations.gov to obtain a copy of the waiver requests, 
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.

II. Background

    The Renewable Fuel Standard (RFS) program began in 2006 pursuant to 
the Energy Policy Act of 2005 (EPAct), which added a renewable fuel 
program to the Clean Air Act (CAA, or ``Act''). The statutory 
provisions for the RFS program were subsequently modified through the 
Energy Independence and Security Act of 2007 (EISA), and EPA published 
revised regulatory

[[Page 71608]]

requirements on March 26, 2010 (75 FR 14670). The transition from the 
requirements of EPAct to the requirements of EISA generally occurred on 
July 1, 2010.
    EISA establishes annual ``applicable volumes'' for four categories 
of renewable fuel: cellulosic biofuel, biomass based diesel, advanced 
biofuel, and total renewable fuel. The statute specifies increasing 
applicable volumes through 2022 for all fuel types except biomass-based 
diesel, for which applicable volumes are specified through 2012. For 
years after those specified in the statute, EPA is to establish the 
applicable volumes after consideration of specified factors. The 
statute requires that EPA annually establish percentage standards that 
will ensure that required annual volumes of renewable fuels are used. 
However, EISA also provides the Administrator with authority to waive 
the applicable volumes of renewable fuels in appropriate circumstances.
    The required volumes and associated percentage standards under the 
RFS program for the 2014 compliance year are being proposed in a 
related Federal Register notice. Under the RFS program, obligated 
parties, typically gasoline or diesel refiners or importers, are 
required to meet annual percentage standards to be in compliance. EPA 
sets these percentages, called the RFS percentage standards or RFS 
standards. Renewable identification numbers, or RINs, are assigned by 
renewable fuel producers to each gallon of qualifying renewable fuel 
that they produce, and serve as a means for demonstrating compliance by 
the obligated parties. RINs can be acquired by obligated parties who 
purchase renewable fuel with assigned RINs, or they can be purchased by 
obligated parties from other parties who have accumulated more RINs 
than necessary for their own compliance. Aside from using current-year 
RINs to demonstrate compliance in a given year, obligated parties may 
also choose (a) to use available RINs from the prior year towards the 
current year's requirement, up to a 20 percent cap, and/or (b) to carry 
forward a compliance deficit that can be satisfied in the next 
compliance year.
    Section 211(o)(7)(A) of the Act allows the Administrator, in 
consultation with the Secretary of Agriculture and the Secretary of 
Energy, to waive the national volume requirements of the RFS, in whole 
or in part, upon petition by one or more States, or by any party 
subject to the requirements of the RFS program. The Administrator may 
also waive the volume requirements on her own motion. A waiver may be 
issued if the Administrator determines, after public notice and 
opportunity for comment, that implementation of the RFS volume 
requirement would severely harm the economy or environment of a State, 
a region, or the United States, or that there is an inadequate domestic 
supply. If a waiver is granted, it can last no longer than one year but 
may be renewed by the Administrator after consultation with the 
Secretary of Agriculture and the Secretary of Energy.

III. What is today's action?

    The American Petroleum Institute (API) and the American Fuel & 
Petrochemical Manufacturers (AFPM) submitted a petition to the 
Administrator, dated August 13, 2013, on behalf of their members 
requesting a partial waiver of the 2014 applicable volumes under the 
RFS. Subsequently, several refining companies submitted individual 
petitions to the Administrator that also request a waiver of the 2014 
applicable volumes; nearly all of the petitions from individual 
companies incorporate the API/AFPM petition by reference. All of the 
petition letters are available in the docket, and any additional 
similar requests submitted to EPA will also be docketed and considered 
together with requests already received. EPA is seeking comment on the 
petitions for a waiver of the 2014 renewable fuel standard and matters 
relevant to EPA's consideration of those petitions.
    The petitions generally argue that there is an inadequate domestic 
supply of renewable fuel and therefore RINs for 2014, due both to 
ethanol ``blendwall'' constraints and limitations on the production of 
non-ethanol fuels like biodiesel. Petitioners argue that this 
inadequate supply of renewable fuel (and RINs) will lead to an 
inadequate supply of gasoline and diesel, because refiners and 
importers, faced with a shortage of RINs, will reduce their production 
of gasoline and diesel for the domestic market. Petitioners argue that 
this will in turn severely harm the economy based on increased domestic 
gasoline and diesel prices. Petitioners attached an analysis, dated 
October 2012, conducted by NERA Economic Consulting, titled ``Economic 
Impacts Resulting from Implementation of RFS2 Program [sic].'' The 
petition requests that EPA exercise its waiver authorities under 
section 211(o)(7) to reduce the required national volume of total 
renewable fuel and advanced biofuel to certain specified levels.
    In a separate action that proposes the applicable RFS percentage 
standards for 2014, EPA is proposing to waive part of the 2014 
statutory RFS volumes. Specifically, in the separate Federal Register 
Notice of Proposed Rulemaking for the 2014 standards, EPA is proposing 
to find that there is an inadequate domestic supply of renewable fuels 
in 2014 under section 211(o)(7)(A). EPA is also proposing to reduce the 
applicable volume of cellulosic biofuel under section 211(o)(7)(D). 
Based on these findings, EPA is proposing to reduce the applicable 
volumes of total renewable fuel and advanced biofuel. EPA is not, 
however, proposing to find that implementation of the standards would 
severely harm the economy. In its separate proposal to establish the 
2014 RFS volumes and percentage standards, EPA discusses in detail the 
legal, technical, and policy considerations that are the basis for its 
proposal.
    EPA recognizes that there is significant overlap in the supporting 
data and issues raised in the petitions for a waiver and EPA's 
rulemaking to set the RFS percentage standards for 2014. Therefore, for 
the convenience of the parties and to avoid duplicative submissions by 
parties to both dockets, EPA will treat all comments and other 
information submitted to the docket for the 2014 RFS rulemaking (EPA-
HQ-OAR-2013-0479) as also submitted to the docket for the petitions for 
a waiver (EPA-HQ-OAR-2013-0747). Therefore, parties will only need to 
submit additional comments or information to docket EPA-HQ-OAR-2013-
0747 if those comments and information are intended solely for the 
petitions for a waiver and not for the rulemaking to set the 2014 RFS 
standards. EPA requests that such comments on the waiver petitions be 
submitted in the same time frame as comments on the rulemaking 
proposal. In light of the overlap in issues between the rulemaking 
proposal and petitions for waiver, EPA expects that our determination 
on the substance of the petitions for a partial waiver of the 2014 
statutory volumes will be issued at the same time that EPA issues a 
final rule establishing the 2014 RFS standards.
    EPA is issuing this notice to solicit comments and information on 
all of the issues raised in the petitions for a waiver.
    Commenters should include data or specific examples in support of 
their comments in order to aid the Administrator in evaluating the 
requests for a waiver and determining what action if any is appropriate 
in light of all of the circumstances.


[[Page 71609]]


    Dated: November 15, 2013.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2013-28301 Filed 11-27-13; 8:45 am]
BILLING CODE 6560-50-P