Notification of Submission to the Secretary of Agriculture; Pesticides; Certification of Pesticide Applicators; Extension to Expiration Date of Certification Plans, 71000-71001 [2021-26948]

Download as PDF 71000 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Proposed Rules II. Proposed Decision FOR FURTHER INFORMATION CONTACT: Karen Nelson, Office of Transportation and Air Quality, Compliance Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 734–214– 4657; email address: nelson.karen@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background jspears on DSK121TN23PROD with PROPOSALS1 The Clean Air Act (CAA) provides that a small refinery 1 may at any time petition EPA for an exemption from the obligations of the Renewable Fuel Standard (RFS) program for the reason of disproportionate economic hardship (DEH).2 In evaluating such petitions, the EPA Administrator, in consultation with the Secretary of Energy, will consider the findings of a Department of Energy (DOE) study and other economic factors.3 The CAA provided an initial blanket small refinery exemption (SRE) to all small refineries, exempting them from their RFS obligations until calendar year 2011.4 The CAA includes two additional provisions regarding extensions of the temporary exemption for the period after the initial blanket exemption expired. The first statutory mechanism, applicable to 2011 and 2012, was based on a DOE determination, through the abovementioned study, that compliance with the RFS requirements would impose DEH on a small refinery. If DOE made such a determination, EPA was required to extend the small refinery’s exemption for no less than two years.5 Under the second statutory mechanism, small refineries are authorized to petition at any time for extensions of the original statutory exemption for the reason of DEH.6 Since 2013, EPA has shared the incoming petitions and supporting information with DOE, and DOE has provided EPA with its findings based on a scoring matrix; however, the ultimate decision of whether to grant or deny a petition rests with EPA.7 1 The CAA defines a small refinery as ‘‘a refinery for which the average aggregate daily crude oil throughput for a calendar year . . . does not exceed 75,000 barrels.’’ CAA section 211(o)(1)(K). 2 CAA section 211(o)(9)(B)(i). 3 CAA section 211(o)(9)(B)(ii). 4 CAA section 211(o)(9)(A)(i). 5 CAA section 211(o)(9)(A)(ii)(II). 6 CAA section 211(o)(9)(B)(i). 7 More information on the RFS program and the history of SREs, including how EPA’s approach to evaluating SRE petitions has changed over time, can be found in Section II of the ‘‘Proposed RFS Small Refinery Exemption Decision,’’ available in the docket for this action. VerDate Sep<11>2014 17:42 Dec 13, 2021 Jkt 256001 In the Proposed RFS Small Refinery Exemption Decision (hereinafter ‘‘the proposed adjudication,’’ available in the docket for this action (Docket ID No. EPA–HQ–OAR–2021–0566) and on EPA’s website at https://www.epa.gov/ renewable-fuel-standard-program/ proposal-deny-petitions-small-refineryexemptions), we have conducted an extensive analysis and review of information provided by small refineries in their SRE petitions to EPA, finding that all refineries face the same costs to acquire RINs regardless of whether the RINs are created through the act of blending renewable fuels or purchased on the open market. This happens because the market price for these fuels increases to reflect the cost of the RIN, much as it would increase in response to higher crude prices. In other words, this increased price for gasoline and diesel fuel allows obligated parties to recover their RIN costs through the market price of the fuel they produce. Because the market behaves this way for all parties subject to the RFS, there is no disproportionate cost to any party, including small refineries. As a result, we conclude that small refineries do not face DEH. Given this conclusion and the other reasons described in the proposed adjudication, we are proposing to deny all pending SRE petitions by finding the petitioning refineries do not face DEH caused by compliance with their RFS obligations. We seek comment on all aspects of this proposed denial, most notably on our conclusions that the CAA requires small refineries to demonstrate that DEH is caused by compliance with the RFS program and our economic analyses concluding that no small refineries face such disproportionate costs of compliance due to the RFS program. Specifically, we seek comment on our findings regarding the absence of a causal relationship between compliance with the RFS program and DEH experienced by small refineries. We request additional data that would show the relationship between RFS compliance costs and the price of transportation fuel blendstocks. We also seek comment on our proposed change in approach to SRE eligibility based on receipt of the original statutory exemption, and our decision to deny all pending/undecided SRE petitions based on the proportional nature of the RFS requirements and our findings regarding RIN cost passthrough. We intend to consider these comments before making a final PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 determination on these pending petitions. Joseph Goffman, Principal Deputy Assistant Administrator, Office of Air and Radiation. [FR Doc. 2021–26983 Filed 12–13–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 171 [EPA–HQ–OPP–2021–0831; FRL–9134–01– OCSPP] RIN 2070–AL00 Notification of Submission to the Secretary of Agriculture; Pesticides; Certification of Pesticide Applicators; Extension to Expiration Date of Certification Plans Environmental Protection Agency (EPA). ACTION: Notification of submission to the Secretary of Agriculture. AGENCY: This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning ‘‘Pesticides; Certification of Pesticide Applicators; Extension to Expiration Date of Certification Plans (RIN 2070–AL00).’’ The draft regulatory document is not available to the public until after it has been signed and made available by EPA. DATES: See Unit I. under SUPPLEMENTARY INFORMATION. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2021–0831, is available at https://www.regulations.gov. That docket contains historical information and this Federal Register document; it does not contain the draft final rule. Please note that due to the public health concerns related to COVID–19, the EPA Docket Center (EPA/DC) and Reading Room is open by appointment only. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC services and docket access, visit https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Carolyn Schroeder, Pesticide ReEvaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania SUMMARY: E:\FR\FM\14DEP1.SGM 14DEP1 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Proposed Rules Ave. NW, Washington, DC 20460; telephone number: (202) 566–2376; email address: schroeder.carolyn@ epa.gov. SUPPLEMENTARY INFORMATION: jspears on DSK121TN23PROD with PROPOSALS1 I. What action is EPA taking? FIFRA section 25(a)(2)(B) requires the EPA Administrator to provide the Secretary of USDA with a copy of any draft final rule at least 30 days before signing it in final form for publication in the Federal Register. The draft final rule is not available to the public until after it has been signed by EPA. If the Secretary of USDA comments in writing regarding the draft final rule within 15 days after receiving it, the EPA VerDate Sep<11>2014 17:42 Dec 13, 2021 Jkt 256001 Administrator must include the comments of the Secretary of USDA, if requested by the Secretary of USDA, and the EPA Administrator’s response to those comments with the final rule that publishes in the Federal Register. If the Secretary of USDA does not comment in writing within 15 days after receiving the draft final rule, the EPA Administrator may sign the final rule for publication in the Federal Register any time after the 15-day period. II. Do any statutory and Executive Order reviews apply to this notification? No. This document is merely a notification of submission to the PO 00000 Frm 00015 Fmt 4702 Sfmt 9990 71001 Secretary of USDA. As such, none of the regulatory assessment requirements apply to this document. List of Subjects in 40 CFR Part 171 Environmental protection, Applicator competency, Agricultural worker safety, Certified applicator, Pesticide safety training, Pesticide worker safety, Pesticides and pests, Restricted use pesticides. Dated: December 8, 2021. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2021–26948 Filed 12–13–21; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\14DEP1.SGM 14DEP1

Agencies

[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Proposed Rules]
[Pages 71000-71001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26948]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 171

[EPA-HQ-OPP-2021-0831; FRL-9134-01-OCSPP]
RIN 2070-AL00


Notification of Submission to the Secretary of Agriculture; 
Pesticides; Certification of Pesticide Applicators; Extension to 
Expiration Date of Certification Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretary of Agriculture.

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

SUMMARY: This document notifies the public as required by the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA 
Administrator has forwarded to the Secretary of the United States 
Department of Agriculture (USDA) a draft regulatory document concerning 
``Pesticides; Certification of Pesticide Applicators; Extension to 
Expiration Date of Certification Plans (RIN 2070-AL00).'' The draft 
regulatory document is not available to the public until after it has 
been signed and made available by EPA.

DATES: See Unit I. under SUPPLEMENTARY INFORMATION.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0831, is available at https://www.regulations.gov. That docket contains historical information and 
this Federal Register document; it does not contain the draft final 
rule.
    Please note that due to the public health concerns related to 
COVID-19, the EPA Docket Center (EPA/DC) and Reading Room is open by 
appointment only. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Carolyn Schroeder, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania

[[Page 71001]]

Ave. NW, Washington, DC 20460; telephone number: (202) 566-2376; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    FIFRA section 25(a)(2)(B) requires the EPA Administrator to provide 
the Secretary of USDA with a copy of any draft final rule at least 30 
days before signing it in final form for publication in the Federal 
Register. The draft final rule is not available to the public until 
after it has been signed by EPA. If the Secretary of USDA comments in 
writing regarding the draft final rule within 15 days after receiving 
it, the EPA Administrator must include the comments of the Secretary of 
USDA, if requested by the Secretary of USDA, and the EPA 
Administrator's response to those comments with the final rule that 
publishes in the Federal Register. If the Secretary of USDA does not 
comment in writing within 15 days after receiving the draft final rule, 
the EPA Administrator may sign the final rule for publication in the 
Federal Register any time after the 15-day period.

II. Do any statutory and Executive Order reviews apply to this 
notification?

    No. This document is merely a notification of submission to the 
Secretary of USDA. As such, none of the regulatory assessment 
requirements apply to this document.

List of Subjects in 40 CFR Part 171

    Environmental protection, Applicator competency, Agricultural 
worker safety, Certified applicator, Pesticide safety training, 
Pesticide worker safety, Pesticides and pests, Restricted use 
pesticides.

    Dated: December 8, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-26948 Filed 12-13-21; 8:45 am]
BILLING CODE 6560-50-P
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