Regulation of Fuels and Fuel Additives: Extension of Compliance and Attest Engagement Reporting Deadlines for 2013 Renewable Fuel Standards, 46387-46390 [2014-18569]
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 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
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,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 29, 2014.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2014–18832 Filed 8–7–14; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 80
[EPA–HQ–OAR–2014–0575; FRL–9914–87–
OAR]
RIN 2060–AS29
Regulation of Fuels and Fuel
Additives: Extension of Compliance
and Attest Engagement Reporting
Deadlines for 2013 Renewable Fuel
Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to extend
two reporting deadlines for the 2013
compliance period under the Renewable
Fuel Standard (RFS) program. This
proposed action would specifically
affect the annual compliance and attest
engagement reporting requirement
deadlines for regulated parties. The
annual compliance reports and attest
engagement reports for the 2013 RFS
compliance period would not be due
until 30 days and 90 days, respectively,
following publication of the final rule
establishing the 2014 renewable fuel
percentage standards for cellulosic
biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel in the
Federal Register. This proposed action
would ensure timely amendment of
existing deadlines, before compliance
obligations would otherwise go into
effect. In the ‘‘Rules and Regulations’’
section of this Federal Register, we are
extending the annual compliance and
attest engagement reporting deadlines
for the 2013 RFS compliance period 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 on or before September 15,
2014.
Hearing: We will hold a public
hearing on August 15, 2014 if one is
requested by noon EDT of the preceding
business day. The public hearing, if
requested, will be held at the EPA
National Vehicle and Fuel Emissions
Laboratory, 2000 Traverwood, Ann
Arbor, MI 48105, beginning at 10:00
a.m. local time.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2014–0575, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
SUMMARY:
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46387
• Email: a-and-r-docket@epa.gov.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
• Hand Delivery: EPA Docket Center,
EPA West Building, Room 3334, 1301
Constitution Ave. 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–2014–
0575. The 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 the 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 the 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, the 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 the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the 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 the EPA’s public
docket visit the EPA Docket Center
homepage at https://www.epa.gov/
epahome/dockets.htm.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The 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 Public Reading Room is
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742.
FOR FURTHER INFORMATION CONTACT: Julia
MacAllister, Office of Transportation
and Air Quality, Assessment and
Standards Division, Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor MI 48105; Telephone
number: 734–214–4131; Fax number:
734–214–4816; Email address:
macallister.julia@epa.gov, or the public
information line for the Office of
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1 North
I. Why is the EPA issuing this proposed
rule?
This document proposes to take
action to extend certain reporting
requirement deadlines for the 2013 RFS
compliance period. We have also
published a direct final rule 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
NAICS 1
Codes
Category
Industry
Industry
Industry
Industry
Industry
Industry
Industry
Transportation and Air Quality;
telephone number (734) 214–4333;
Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
SIC 2 Codes
324110
325193
325199
424690
424710
424720
454319
comment, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
a subsequent final rule based on this
proposed rule.
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 proposed action apply to
me?
Entities potentially affected by this
direct final rule are those involved with
the production, distribution, and sale of
transportation fuels, including gasoline
and diesel fuel or renewable fuels such
as ethanol and biodiesel. Potentially
regulated categories include:
Examples of potentially regulated entities
2911
2869
2869
5169
5171
5172
5989
Petroleum Refineries.
Ethyl alcohol manufacturing.
Other basic organic chemical manufacturing.
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.
2 Standard
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this proposed action. This
table lists the types of entities that the
EPA is now aware could be potentially
regulated by this proposed action. Other
types of entities not listed in the table
could also be regulated. To determine
whether your activities would be
regulated by this proposed action, you
should carefully examine the
applicability criteria in 40 CFR part 80.
If you have any questions regarding the
applicability of this proposed action to
a particular entity, consult the person
listed in the preceding section.
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III. Background and Purpose
The EPA is proposing to amend
existing regulatory deadlines for
regulated parties under the RFS program
regarding the submission of annual
compliance reports and attest
engagement reports for the 2013 RFS
compliance period.
We received comments on our
November 29, 2013 proposed
rulemaking to establish the 2014
renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel,
advanced biofuel and total renewable
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fuel 1 reiterating the importance to
obligated parties of knowing their RFS
obligations for the 2014 RFS compliance
period prior to the compliance
demonstration deadline for the 2013
RFS compliance period. The EPA
recognized the value of this timing to
obligated parties in the 2013 RFS final
rule, and for that reason delayed the
normally applicable February 28
compliance demonstration deadline to
June 30, 2014 for the 2013 RFS
compliance period.2 We reasoned at that
time that an extension to June 30, 2014
would be sufficient in light of the
expected date of issuance of the final
rule establishing the 2014 renewable
fuel percentage standards for cellulosic
biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel.
Because the 2014 renewable fuel
standards were not final at the time the
annual compliance reports for the 2013
RFS compliance period were coming
due, we further extended this reporting
deadline until September 30, 2014 (as
well as the associated deadline for attest
engagement reports until January 30,
1 78
2 78
PO 00000
FR 71732 (November 29, 2013).
FR 49794, 49800 (August 15, 2013).
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2015).3 However, in light of the further
delay in issuing the final rule
establishing the 2014 renewable fuel
percentage standards for cellulosic
biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel, we are
proposing (with a parallel direct final
rule) to provide an additional extension
of the annual compliance and attest
engagement reporting period for the
2013 RFS compliance period. Under
this proposal, regulated parties would
not have to submit annual compliance
reports and attest engagement reports
for the 2013 RFS compliance period
until 30 days and 90 days, respectively,
following publication of the final rule
establishing the 2014 renewable fuel
percentage standards for cellulosic
biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel in the
Federal Register.
3 79
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FR 34242 (June 16, 2014).
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IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This proposed action is not a
‘‘significant regulatory action’’ under
the terms of Executive Order 12866 (58
FR 51735, October 4, 1993) and is
therefore not subject to review under
Executive Orders 12866 and 13563 (76
FR 3821, January 21, 2011).
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B. Paperwork Reduction Act
There are no new information
collection requirements associated with
this proposed rulemaking. The
extension of the existing regulatory
deadlines for regulated parties under the
RFS program would impose no new or
different reporting requirements on
regulated parties. The existing
information collection requests (ICR)
that apply to the RFS program are
sufficient to address the reporting
requirements in the proposed
regulations.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for the 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 Procedures 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 this proposed 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-forprofit 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
proposed rule would not have a
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significant economic impact on a
substantial number of small entities.
This proposed rule would amend the
existing regulatory deadlines for
regulated parties under the RFS program
to submit reports demonstrating their
compliance with the 2013 RFS
standards, and to submit corresponding
attest engagement reports. This
proposed action if finalized would
ensure timely amendment of existing
deadlines, before compliance
obligations would otherwise go into
effect. The impacts of the RFS program
on small entities were already addressed
in the RFS2 final rule promulgated on
March 26, 2010 (75 FR 14670), and this
proposal would not impose any
additional requirements on small
entities beyond those already analyzed.
D. Unfunded Mandates Reform Act
This proposed action contains no
Federal mandates under the provisions
of Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), 2 U.S.C.
1531–1538 for State, local, or tribal
governments or the private sector.
Therefore, this proposed action is not
subject to the requirements of sections
202 or 205 of the UMRA.
This proposed action is also not
subject to the requirements of section
203 of UMRA because it contains no
proposed regulatory requirements that
might significantly or uniquely affect
small governments. This proposed rule
only applies to gasoline, diesel, and
renewable fuel producers, importers,
distributors and marketers and would
merely extend the otherwise applicable
reporting deadlines.
E. Executive Order 13132: Federalism
This proposed action 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 proposed
action would amend the existing
regulatory deadlines for regulated
parties under the RFS program to
submit reports demonstrating their
compliance with the 2013 RFS
standards, and to submit corresponding
attest engagement reports. The proposed
new deadlines would only apply to
gasoline, diesel, and renewable fuel
producers, importers, distributors and
marketers. Thus, Executive Order 13132
does not apply to this proposed rule.
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46389
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This proposed action does not have
tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). This proposed rule
would be implemented at the Federal
level and affects transportation fuel
refiners, blenders, marketers,
distributors, importers, exporters, and
renewable fuel producers and importers.
Tribal governments would be affected
only to the extent they purchase and use
regulated fuels. Thus, Executive Order
13175 does not apply to this proposed
action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets E.O. 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 E.O. has the potential to influence
the regulation. This proposed action is
not subject to E.O. 13045 because it
would not establish an environmental
standard intended to mitigate health or
safety risks and because it would
implement specific standards
established by Congress in statutes
(section 211(o) of the Clean Air Act).
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed action is not a
‘‘significant energy action’’ as defined in
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it would not likely
have a significant adverse effect on the
supply, distribution, or use of energy.
This proposed action would simply
amend certain reporting deadlines for
regulated parties under the RFS
program.
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, 12(d) (15 U.S.C. 272 note)
directs the 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
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adopted by voluntary consensus
standards bodies. NTTAA directs the
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,
the 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 (E.O.) 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.
The EPA has determined that this
proposed rule would not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it would not affect the level of
protection provided to human health or
the environment. This proposed action
would not relax the control measures on
sources regulated by the RFS regulations
and therefore would not cause
emissions increases from these sources.
V. Statutory Authority
Authority: 42 U.S.C., 7414, 7521, 7542,
7545, and 7601(a).
Subpart M—Renewable Fuel Standard
2. Section 80.1451 is amended by
revising paragraph (a)(1)(xiv) to read as
follows:.
■
§ 80.1451 What are the reporting
requirements under the RFS program?
(a) * * *
(1) * * *
(xiv) For the 2013 compliance year,
annual compliance reports shall be
submitted within 30 days after
publication in the Federal Register of
the final rule establishing the 2014
renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel,
advanced biofuel and total renewable
fuel.
*
*
*
*
*
■ 3. Section 80.1464 is amended by
revising paragraph (g) to read as follows:
§ 80.1464 What are the attest engagement
requirements under the RFS program?
*
*
*
*
*
(g) For the 2013 compliance year,
reports required under this section shall
be submitted to the EPA within 90 days
after publication in the Federal Register
of the final rule establishing the 2014
renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel,
advanced biofuel and total renewable
fuel.
[FR Doc. 2014–18569 Filed 8–7–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Statutory authority for this action
comes from sections 211 and 301(a) of
the Clean Air Act, 42 U.S.C. 7545 and
7601(a).
Federal Emergency Management
Agency
List of Subjects in 40 CFR Part 80
[Docket ID FEMA–2014–0002; Internal
Agency Docket No. FEMA–B–1175]
Environmental protection,
Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel
additives, Gasoline, Imports, Oil
imports, Petroleum, Renewable fuel.
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Dated: July 31, 2014.
Gina McCarthy,
Administrator.
PART 80—REGULATION OF FUELS
AND FUELS ADDITIVES
1. The authority citation for part 80
continues to read as follows:
■
16:38 Aug 07, 2014
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
On February 16, 2011, the
Federal Emergency Management Agency
(FEMA) published in the Federal
Register a proposed rule that contained
an erroneous table. This document
provides corrections to that table, to be
used in lieu of the information
published on February 16, 2011. The
table provided here represents the
flooding sources, location of referenced
elevations, effective and modified
SUMMARY:
For the reasons set forth in the
preamble, title 40, chapter I of the Code
of Federal Regulations is proposed to be
amended as follows:
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elevations, and communities affected for
Montgomery County, Pennsylvania (All
Jurisdictions).
DATES: Comments are to be submitted
on or before November 6, 2014.
ADDRESSES: You may submit comments,
identified by Docket No. FEMA–B–
1175, to Luis Rodriguez, Chief,
Engineering Management Branch,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4064
or (email) Luis.Rodriguez3@
fema.dhs.gov.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064 or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: FEMA
publishes proposed determinations of
Base (1% annual-chance) Flood
Elevations (BFEs) and modified BFEs for
communities participating in the
National Flood Insurance Program
(NFIP), in accordance with section 110
of the Flood Disaster Protection Act of
1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are minimum requirements. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These proposed elevations are used to
meet the floodplain management
requirements of the NFIP and also are
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings.
In the proposed rule published at 76
FR 8982–8984, in the February 16, 2011,
issue of the Federal Register, FEMA
published a table under the authority of
44 CFR 67.4. The table, entitled
‘‘Montgomery County, Pennsylvania all
Jurisdictions’’ addressed the flooding
sources: Blair Mill Run, Blair Mill Run
Tributary, Huntingdon Valley Creek,
Meadow Brook, Pennypack Creek,
Pennypack Creek Branch, Pennypack
Creek Tributary No. 1, Pine Run, Rapp
Run, Sandy Run, Sandy Run Tributary
No. 1, Sandy Run Tributary No. 1a
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Agencies
[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Proposed Rules]
[Pages 46387-46390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18569]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2014-0575; FRL-9914-87-OAR]
RIN 2060-AS29
Regulation of Fuels and Fuel Additives: Extension of Compliance
and Attest Engagement Reporting Deadlines for 2013 Renewable Fuel
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
extend two reporting deadlines for the 2013 compliance period under the
Renewable Fuel Standard (RFS) program. This proposed action would
specifically affect the annual compliance and attest engagement
reporting requirement deadlines for regulated parties. The annual
compliance reports and attest engagement reports for the 2013 RFS
compliance period would not be due until 30 days and 90 days,
respectively, following publication of the final rule establishing the
2014 renewable fuel percentage standards for cellulosic biofuel,
biomass-based diesel, advanced biofuel and total renewable fuel in the
Federal Register. This proposed action would ensure timely amendment of
existing deadlines, before compliance obligations would otherwise go
into effect. In the ``Rules and Regulations'' section of this Federal
Register, we are extending the annual compliance and attest engagement
reporting deadlines for the 2013 RFS compliance period 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 on or before September 15,
2014.
Hearing: We will hold a public hearing on August 15, 2014 if one is
requested by noon EDT of the preceding business day. The public
hearing, if requested, will be held at the EPA National Vehicle and
Fuel Emissions Laboratory, 2000 Traverwood, Ann Arbor, MI 48105,
beginning at 10:00 a.m. local time.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2014-0575, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: a-and-r-docket@epa.gov.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Hand Delivery: EPA Docket Center, EPA West Building, Room
3334, 1301 Constitution Ave. 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-
2014-0575. The 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 the 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 the 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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 the EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in
[[Page 46388]]
www.regulations.gov or in hard copy at the Air and Radiation Docket and
Information Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The 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 Public Reading Room is (202) 566-1744, and the
telephone number for the Air Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor MI
48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; Email
address: macallister.julia@epa.gov, or the public information line for
the Office of Transportation and Air Quality; telephone number (734)
214-4333; Email address OTAQ@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA issuing this proposed rule?
This document proposes to take action to extend certain reporting
requirement deadlines for the 2013 RFS compliance period. We have also
published a direct final rule 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 a subsequent final rule based on this proposed rule.
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 proposed action apply to me?
Entities potentially affected by this direct final rule are those
involved with the production, distribution, and sale of transportation
fuels, including gasoline and diesel fuel or renewable fuels such as
ethanol and biodiesel. Potentially regulated categories include:
----------------------------------------------------------------------------------------------------------------
Examples of potentially regulated
Category NAICS \1\ Codes SIC \2\ Codes entities
----------------------------------------------------------------------------------------------------------------
Industry................................. 324110 2911 Petroleum Refineries.
Industry................................. 325193 2869 Ethyl alcohol manufacturing.
Industry................................. 325199 2869 Other basic organic chemical
manufacturing.
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.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).
\2\ 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
proposed action. This table lists the types of entities that the EPA is
now aware could be potentially regulated by this proposed action. Other
types of entities not listed in the table could also be regulated. To
determine whether your activities would be regulated by this proposed
action, you should carefully examine the applicability criteria in 40
CFR part 80. If you have any questions regarding the applicability of
this proposed action to a particular entity, consult the person listed
in the preceding section.
III. Background and Purpose
The EPA is proposing to amend existing regulatory deadlines for
regulated parties under the RFS program regarding the submission of
annual compliance reports and attest engagement reports for the 2013
RFS compliance period.
We received comments on our November 29, 2013 proposed rulemaking
to establish the 2014 renewable fuel percentage standards for
cellulosic biofuel, biomass-based diesel, advanced biofuel and total
renewable fuel \1\ reiterating the importance to obligated parties of
knowing their RFS obligations for the 2014 RFS compliance period prior
to the compliance demonstration deadline for the 2013 RFS compliance
period. The EPA recognized the value of this timing to obligated
parties in the 2013 RFS final rule, and for that reason delayed the
normally applicable February 28 compliance demonstration deadline to
June 30, 2014 for the 2013 RFS compliance period.\2\ We reasoned at
that time that an extension to June 30, 2014 would be sufficient in
light of the expected date of issuance of the final rule establishing
the 2014 renewable fuel percentage standards for cellulosic biofuel,
biomass-based diesel, advanced biofuel and total renewable fuel.
---------------------------------------------------------------------------
\1\ 78 FR 71732 (November 29, 2013).
\2\ 78 FR 49794, 49800 (August 15, 2013).
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Because the 2014 renewable fuel standards were not final at the
time the annual compliance reports for the 2013 RFS compliance period
were coming due, we further extended this reporting deadline until
September 30, 2014 (as well as the associated deadline for attest
engagement reports until January 30, 2015).\3\ However, in light of the
further delay in issuing the final rule establishing the 2014 renewable
fuel percentage standards for cellulosic biofuel, biomass-based diesel,
advanced biofuel and total renewable fuel, we are proposing (with a
parallel direct final rule) to provide an additional extension of the
annual compliance and attest engagement reporting period for the 2013
RFS compliance period. Under this proposal, regulated parties would not
have to submit annual compliance reports and attest engagement reports
for the 2013 RFS compliance period until 30 days and 90 days,
respectively, following publication of the final rule establishing the
2014 renewable fuel percentage standards for cellulosic biofuel,
biomass-based diesel, advanced biofuel and total renewable fuel in the
Federal Register.
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\3\ 79 FR 34242 (June 16, 2014).
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[[Page 46389]]
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
There are no new information collection requirements associated
with this proposed rulemaking. The extension of the existing regulatory
deadlines for regulated parties under the RFS program would impose no
new or different reporting requirements on regulated parties. The
existing information collection requests (ICR) that apply to the RFS
program are sufficient to address the reporting requirements in the
proposed regulations.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
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
Procedures 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 this proposed 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 proposed rule would not have a
significant economic impact on a substantial number of small entities.
This proposed rule would amend the existing regulatory deadlines for
regulated parties under the RFS program to submit reports demonstrating
their compliance with the 2013 RFS standards, and to submit
corresponding attest engagement reports. This proposed action if
finalized would ensure timely amendment of existing deadlines, before
compliance obligations would otherwise go into effect. The impacts of
the RFS program on small entities were already addressed in the RFS2
final rule promulgated on March 26, 2010 (75 FR 14670), and this
proposal would not impose any additional requirements on small entities
beyond those already analyzed.
D. Unfunded Mandates Reform Act
This proposed action contains no Federal mandates under the
provisions of Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), 2 U.S.C. 1531-1538 for State, local, or tribal governments or
the private sector. Therefore, this proposed action is not subject to
the requirements of sections 202 or 205 of the UMRA.
This proposed action is also not subject to the requirements of
section 203 of UMRA because it contains no proposed regulatory
requirements that might significantly or uniquely affect small
governments. This proposed rule only applies to gasoline, diesel, and
renewable fuel producers, importers, distributors and marketers and
would merely extend the otherwise applicable reporting deadlines.
E. Executive Order 13132: Federalism
This proposed action 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 proposed action
would amend the existing regulatory deadlines for regulated parties
under the RFS program to submit reports demonstrating their compliance
with the 2013 RFS standards, and to submit corresponding attest
engagement reports. The proposed new deadlines would only apply to
gasoline, diesel, and renewable fuel producers, importers, distributors
and marketers. Thus, Executive Order 13132 does not apply to this
proposed rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed action does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
This proposed rule would be implemented at the Federal level and
affects transportation fuel refiners, blenders, marketers,
distributors, importers, exporters, and renewable fuel producers and
importers. Tribal governments would be affected only to the extent they
purchase and use regulated fuels. Thus, Executive Order 13175 does not
apply to this proposed action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets E.O. 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 E.O.
has the potential to influence the regulation. This proposed action is
not subject to E.O. 13045 because it would not establish an
environmental standard intended to mitigate health or safety risks and
because it would implement specific standards established by Congress
in statutes (section 211(o) of the Clean Air Act).
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This proposed action is not a ``significant energy action'' as
defined in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it would not likely have a significant adverse
effect on the supply, distribution, or use of energy. This proposed
action would simply amend certain reporting deadlines for regulated
parties under the RFS program.
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, 12(d) (15 U.S.C. 272 note)
directs the 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
[[Page 46390]]
adopted by voluntary consensus standards bodies. NTTAA directs the 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, the 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 (E.O.) 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.
The EPA has determined that this proposed rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it would not
affect the level of protection provided to human health or the
environment. This proposed action would not relax the control measures
on sources regulated by the RFS regulations and therefore would not
cause emissions increases from these sources.
V. Statutory Authority
Statutory authority for this action comes from sections 211 and
301(a) of the Clean Air Act, 42 U.S.C. 7545 and 7601(a).
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.
Dated: July 31, 2014.
Gina McCarthy,
Administrator.
For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is proposed to be amended as follows:
PART 80--REGULATION OF FUELS AND FUELS ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C., 7414, 7521, 7542, 7545, and 7601(a).
Subpart M--Renewable Fuel Standard
0
2. Section 80.1451 is amended by revising paragraph (a)(1)(xiv) to read
as follows:.
Sec. 80.1451 What are the reporting requirements under the RFS
program?
(a) * * *
(1) * * *
(xiv) For the 2013 compliance year, annual compliance reports shall
be submitted within 30 days after publication in the Federal Register
of the final rule establishing the 2014 renewable fuel percentage
standards for cellulosic biofuel, biomass-based diesel, advanced
biofuel and total renewable fuel.
* * * * *
0
3. Section 80.1464 is amended by revising paragraph (g) to read as
follows:
Sec. 80.1464 What are the attest engagement requirements under the
RFS program?
* * * * *
(g) For the 2013 compliance year, reports required under this
section shall be submitted to the EPA within 90 days after publication
in the Federal Register of the final rule establishing the 2014
renewable fuel percentage standards for cellulosic biofuel, biomass-
based diesel, advanced biofuel and total renewable fuel.
[FR Doc. 2014-18569 Filed 8-7-14; 8:45 am]
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