Notice of Denial of Petition for Partial Waiver of 2023 Cellulosic Biofuel Standard Under the Renewable Fuel Standard Program, 20961-20962 [2024-06375]
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Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595 or OPP@
ferc.gov.
Dated: March 20, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024–06427 Filed 3–25–24; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings
Take notice that the Commission has
received the following Natural Gas
Pipeline Rate and Refund Report filings:
ddrumheller on DSK120RN23PROD with NOTICES1
Filings Instituting Proceedings
Docket Numbers: RP24–534–000.
Applicants: UGI Sunbury, LLC.
Description: 4(d) Rate Filing: Annual
Retainage Adjustment 2024 w/Waivers
to be effective 4/1/2024.
Filed Date: 3/19/24.
Accession Number: 20240319–5131.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–535–000.
Applicants: Northwest Pipeline LLC.
Description: 4(d) Rate Filing: Non
Conforming Service Agreement—
Spotlight to be effective 4/1/2024.
Filed Date: 3/19/24.
Accession Number: 20240319–5171.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–536–000.
Applicants: Equitrans, L.P.
Description: 4(d) Rate Filing:
Negotiated Rate Agreement—4/1/2024
to be effective 4/1/2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5016.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–537–000.
Applicants: Iroquois Gas
Transmission System, L.P.
Description: 4(d) Rate Filing: 3.20.24
Negotiated Rates—Emera Energy
Services, Inc. R–2715–86 to be effective
4/1/2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5041.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–538–000.
Applicants: Iroquois Gas
Transmission System, L.P.
Description: 4(d) Rate Filing: 3.20.24
Negotiated Rates—Emera Energy
Services, Inc. R–2715–87 to be effective
4/1/2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5046.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–539–000.
VerDate Sep<11>2014
18:10 Mar 25, 2024
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Applicants: Iroquois Gas
Transmission System, L.P.
Description: 4(d) Rate Filing: 3.20.24
Negotiated Rates—Koch Energy
Services, LLC R–7755–05 to be effective
4/1/2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5049.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–540–000.
Applicants: Iroquois Gas
Transmission System, L.P.
Description: 4(d) Rate Filing: 3.20.24
Negotiated Rates—Koch Energy
Services, LLC R–7755–06 to be effective
4/1/2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5052.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–541–000.
Applicants: Big Sandy Pipeline, LLC,
Bobcat Gas Storage, East Tennessee
Natural Gas, LLC, Egan Hub Storage,
LLC, Garden Banks Gas Pipeline, LLC,
Maritimes & Northeast Pipeline, L.L.C.,
Mississippi Canyon Gas Pipeline, L.L.C.,
Moss Bluff Hub, LLC, Nautilus Pipeline
Company, L.L.C., NEXUS Gas
Transmission, LLC, Sabal Trail
Transmission, LLC, Saltville Gas Storage
Company L.L.C., Southeast Supply
Header, LLC, Steckman Ridge, LP, Texas
Eastern Transmission, LP, Tres Palacios
Gas Storage LLC, Algonquin Gas
Transmission, LLC.
Description: Compliance filing: Big
Sandy Pipeline, LLC submits tariff filing
per 154.203: Enbridge (U.S.) Pipelines—
LINK System Maintenance—Request for
Waivers 2024 to be effective N/A.
Filed Date: 3/20/24.
Accession Number: 20240320–5058.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–542–000.
Applicants: Bear Creek Storage
Company, L.L.C.
Description: Compliance filing:
Annual Report on Operational
Transactions 2024 to be effective N/A.
Filed Date: 3/20/24.
Accession Number: 20240320–5087.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–543–000.
Applicants: Algonquin Gas
Transmission, LLC.
Description: 4(d) Rate Filing:
Negotiated Rates—Yankee Gas to Emera
Energy eff 3–20–24 to be effective 3/20/
2024.
Filed Date: 3/20/24.
Accession Number: 20240320–5100.
Comment Date: 5 p.m. ET 4/1/24.
Docket Numbers: RP24–544–000.
Applicants: Portland Natural Gas
Transmission System.
Description: 4(d) Rate Filing: Northern
Utliites Neg Rate Agreement #284292 to
be effective 4/1/2024.
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20961
Filed Date: 3/20/24.
Accession Number: 20240320–5103.
Comment Date: 5 p.m. ET 4/1/24.
Any person desiring to intervene, to
protest, or to answer a complaint in any
of the above proceedings must file in
accordance with Rules 211, 214, or 206
of the Commission’s Regulations (18
CFR 385.211, 385.214, or 385.206) on or
before 5:00 p.m. Eastern time on the
specified comment date. Protests may be
considered, but intervention is
necessary to become a party to the
proceeding.
The filings are accessible in the
Commission’s eLibrary system (https://
elibrary.vferc.gov/idmws/search/fercgen
search.asp) by querying the docket
number.
eFiling is encouraged. More detailed
information relating to filing
requirements, interventions, protests,
service, and qualifying facilities filings
can be found at: https://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For
other information, call (866) 208–3676
(toll free). For TTY, call (202) 502–8659.
The Commission’s Office of Public
Participation (OPP) supports meaningful
public engagement and participation in
Commission proceedings. OPP can help
members of the public, including
landowners, environmental justice
communities, Tribal members and
others, access publicly available
information and navigate Commission
processes. For public inquiries and
assistance with making filings such as
interventions, comments, or requests for
rehearing, the public is encouraged to
contact OPP at (202) 502–6595 or OPP@
ferc.gov.
Dated: March 20, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024–06426 Filed 3–25–24; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–11849–01–OAR]
Notice of Denial of Petition for Partial
Waiver of 2023 Cellulosic Biofuel
Standard Under the Renewable Fuel
Standard Program
Environmental Protection
Agency (EPA).
ACTION: Denial of petition.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice of its
final action entitled Denial of AFPM
Petition for Partial Waiver of 2023
Cellulosic Biofuel Standard (‘‘AFPM
Petition Denial Action’’), in which EPA
SUMMARY:
E:\FR\FM\26MRN1.SGM
26MRN1
20962
Federal Register / Vol. 89, No. 59 / Tuesday, March 26, 2024 / Notices
denied a petition from the American
Fuel & Petrochemical Manufacturers
(AFPM) for a partial waiver of the 2023
cellulosic biofuel standard under the
Renewable Fuel Standard (RFS)
program. EPA is providing this notice
for public awareness of, and the basis
for, EPA’s decision issued on March 15,
2024.
DATES: March 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Lauren Michaels, Office of
Transportation and Air Quality,
Compliance Division, Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone
number: (734) 214–4640; email address:
michaels.lauren@epa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
I. Background
The Clean Air Act (CAA) provides
that EPA, in consultation with the
Secretary of Agriculture and the
Secretary of Energy, may waive the
volume requirements under the RFS
program, in whole or in part, under
specified circumstances, including
when EPA finds that ‘‘there is an
inadequate domestic supply’’ or that the
RFS volume requirements ‘‘would
severely harm the economy or
environment of a State, a region, or the
United States’’ (‘‘severe economic
harm’’).1 Section 211(o)(7)(A) is
structured to allow any person subject
to the requirements of the RFS program
to petition EPA to waive, in whole or in
part, the volume requirements.
On December 22, 2023, AFPM
requested that EPA issue a partial
waiver of the 2023 cellulosic biofuel
standard under CAA section
211(o)(7)(D) and CAA section
211(o)(7)(A)(i).2 On March 4, 2024,
AFPM submitted an update to its
original petition.3
II. Decision
Our assessment of the volume of 2023
cellulosic RINs and 2022 cellulosic
carryover RINs indicates that obligated
parties will be able to readily comply
with the existing 2023 cellulosic biofuel
standard. Moreover, obligated parties
will still be able to comply by carrying
a cellulosic RIN deficit into 2024, if
necessary. On the other hand, a partial
waiver of the 2023 cellulosic biofuel
standard would be injurious to the RFS
program because it would be disruptive
1 EPA refers to the authority in CAA section
211(o)(7)(A) as the ‘‘general waiver authority.’’
2 AFPM, ‘‘Petition for Partial Waiver of 2023
Cellulosic Biofuel Volumetric Requirements,’’
December 22, 2023 (‘‘AFPM Petition’’).
3 AFPM, ‘‘AFPM’s Petition for Partial Waiver of
the 2023 Cellulosic Biofuel Volumetric
Requirements—Update,’’ March 4, 2024.
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18:10 Mar 25, 2024
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to program participants and could result
in reduced future demand for cellulosic
biofuel production. For these and all
other reasons described in the AFPM
Petition Denial Action, and after
consultation with the Secretary of
Agriculture and the Secretary of Energy
under CAA section 211(o)(7)(A), the
RFS program is best served by
maintaining the existing 2023 cellulosic
biofuel standard and we are denying the
AFPM Petition.
III. Judicial Review
Section 307(b)(1) of the CAA governs
judicial review of final actions by EPA.
This section provides, in part, that
petitions for review must be filed only
in the United States Court of Appeals
for the District of Columbia Circuit: (i)
when the agency action consists of ‘‘any
other nationally applicable. . .final
action taken by the Administrator,’’ or
(ii) when a final action is locally or
regionally applicable but ‘‘such action is
based on a determination of nationwide
scope or effect and if in taking such
action the Administrator finds and
publishes that such action is based on
such a determination.’’ The CAA
reserves to EPA the complete discretion
to decide whether to invoke the
exception in (ii) described in the
preceding sentence.4
This final action is ‘‘nationally
applicable’’ within the meaning of CAA
section 307(b)(1). Whether an action is
‘‘nationally applicable’’ is a narrow
inquiry based only on the ‘‘face’’ of the
action.5 The question is whether the
action itself is nationally applicable, not
whether the nature and scope of the
arguments raised or relief sought by a
petitioner challenging the action are
nationally applicable.6 On its face, this
final action is nationally applicable
because it denies a petition to waive a
portion of the nationally applicable
2023 cellulosic biofuel standard
promulgated in the Set Rule for all
parties who qualify as obligated parties 7
and thus are subject to the requirements
of the RFS program no matter their
location across the country. Parties that
have registered with EPA as obligated
4 Sierra Club v. EPA, 47 F.4th 738, 745 (D.C. Cir.
2022) (‘‘EPA’s decision whether to make and
publish a finding of nationwide scope or effect is
committed to the agency’s discretion and thus is
unreviewable’’); Texas v. EPA, 983 F.3d 826, 834–
35 (5th Cir. 2020).
5 Dalton Trucking, Inc. v. EPA, 808 F.3d 875, 881
(D.C. Cir. 2015); Hunt Refining Co. v. EPA, 90 F.4th
1107, 1110 (11th Cir. 2024) (‘‘Hunt’’).
6 S. Ill. Power Coop. v. EPA, 863 F.3d 666, 670–
71 (7th Cir. 2017); ATK Launch Sys., Inc. v. EPA,
651 F.3d 1194, 1198–1199 (10th Cir. 2011); RMS of
Ga., LLC v. EPA, 64 F.4th 1368, 1372–1373 (11th
Cir. 2023); Hunt, 90 F.4th at 1110–1112.
7 40 CFR 80.2 (‘‘obligated party’’), 80.1406.
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Frm 00023
Fmt 4703
Sfmt 4703
parties under the RFS program are
located in all states except Alaska,
which is not subject to the RFS
program.8 In denying this petition, EPA
applied a consistent interpretation of
the relevant CAA provisions and the
Agency’s ‘‘common, nationwide
analytical method’’ for evaluating the
fuels available, the fuels market data,
and the RIN data to determine whether
a partial waiver is necessary to enable
compliance with the 2023 cellulosic
biofuel standard.9 This final action
applies equally to all obligated parties.
For these reasons, this final action is
nationally applicable. Under CAA
section 307(b)(1), petitions for judicial
review of this action must be filed in the
United States Court of Appeals for the
District of Columbia Circuit by May 28,
2024.
Joseph Goffman,
Assistant Administrator, Office of Air and
Radiation.
[FR Doc. 2024–06375 Filed 3–25–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2023–0580; FRL–11359–01–
OW]
Proposed Information Collection
Request; Comment Request; POTW
Influent PFAS Study Data Collection
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is planning to
submit an information collection
request, ‘‘U.S. Environmental Protection
Agency POTW Influent PFAS Study
Data Collection’’ (EPA ICR No. 2799.01,
OMB Control No. 2040–NEW) to the
Office of Management and Budget for
review and approval in accordance with
the Paperwork Reduction Act (PRA).
Before doing so, the EPA is soliciting
public comments on specific aspects of
the proposed information collection as
described below. This is a request for
approval of a new collection. This
notice allows for 60 days for public
comments.
DATES: Comments must be submitted on
or before May 28, 2024.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
SUMMARY:
8 CAA section 211(o)(2)(A)(i); 40 CFR
80.1407(f)(3).
9 S. Ill. Power, 863 F.3d at 671; ATK Launch
Sys.,651 F.3d at 1197; Hunt, 90 F.4th at 1112;
Oklahoma v. EPA, ---; F.4th ---, 2024 WL 799356 at
*3 (10th Cir. Feb. 27, 2024).
E:\FR\FM\26MRN1.SGM
26MRN1
Agencies
[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Notices]
[Pages 20961-20962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06375]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-11849-01-OAR]
Notice of Denial of Petition for Partial Waiver of 2023
Cellulosic Biofuel Standard Under the Renewable Fuel Standard Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Denial of petition.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of its final action entitled Denial of AFPM Petition for Partial Waiver
of 2023 Cellulosic Biofuel Standard (``AFPM Petition Denial Action''),
in which EPA
[[Page 20962]]
denied a petition from the American Fuel & Petrochemical Manufacturers
(AFPM) for a partial waiver of the 2023 cellulosic biofuel standard
under the Renewable Fuel Standard (RFS) program. EPA is providing this
notice for public awareness of, and the basis for, EPA's decision
issued on March 15, 2024.
DATES: March 26, 2024.
FOR FURTHER INFORMATION CONTACT: Lauren Michaels, Office of
Transportation and Air Quality, Compliance Division, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number: (734) 214-4640; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Clean Air Act (CAA) provides that EPA, in consultation with the
Secretary of Agriculture and the Secretary of Energy, may waive the
volume requirements under the RFS program, in whole or in part, under
specified circumstances, including when EPA finds that ``there is an
inadequate domestic supply'' or that the RFS volume requirements
``would severely harm the economy or environment of a State, a region,
or the United States'' (``severe economic harm'').\1\ Section
211(o)(7)(A) is structured to allow any person subject to the
requirements of the RFS program to petition EPA to waive, in whole or
in part, the volume requirements.
---------------------------------------------------------------------------
\1\ EPA refers to the authority in CAA section 211(o)(7)(A) as
the ``general waiver authority.''
---------------------------------------------------------------------------
On December 22, 2023, AFPM requested that EPA issue a partial
waiver of the 2023 cellulosic biofuel standard under CAA section
211(o)(7)(D) and CAA section 211(o)(7)(A)(i).\2\ On March 4, 2024, AFPM
submitted an update to its original petition.\3\
---------------------------------------------------------------------------
\2\ AFPM, ``Petition for Partial Waiver of 2023 Cellulosic
Biofuel Volumetric Requirements,'' December 22, 2023 (``AFPM
Petition'').
\3\ AFPM, ``AFPM's Petition for Partial Waiver of the 2023
Cellulosic Biofuel Volumetric Requirements--Update,'' March 4, 2024.
---------------------------------------------------------------------------
II. Decision
Our assessment of the volume of 2023 cellulosic RINs and 2022
cellulosic carryover RINs indicates that obligated parties will be able
to readily comply with the existing 2023 cellulosic biofuel standard.
Moreover, obligated parties will still be able to comply by carrying a
cellulosic RIN deficit into 2024, if necessary. On the other hand, a
partial waiver of the 2023 cellulosic biofuel standard would be
injurious to the RFS program because it would be disruptive to program
participants and could result in reduced future demand for cellulosic
biofuel production. For these and all other reasons described in the
AFPM Petition Denial Action, and after consultation with the Secretary
of Agriculture and the Secretary of Energy under CAA section
211(o)(7)(A), the RFS program is best served by maintaining the
existing 2023 cellulosic biofuel standard and we are denying the AFPM
Petition.
III. Judicial Review
Section 307(b)(1) of the CAA governs judicial review of final
actions by EPA. This section provides, in part, that petitions for
review must be filed only in the United States Court of Appeals for the
District of Columbia Circuit: (i) when the agency action consists of
``any other nationally applicable. . .final action taken by the
Administrator,'' or (ii) when a final action is locally or regionally
applicable but ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.'' The
CAA reserves to EPA the complete discretion to decide whether to invoke
the exception in (ii) described in the preceding sentence.\4\
---------------------------------------------------------------------------
\4\ Sierra Club v. EPA, 47 F.4th 738, 745 (D.C. Cir. 2022)
(``EPA's decision whether to make and publish a finding of
nationwide scope or effect is committed to the agency's discretion
and thus is unreviewable''); Texas v. EPA, 983 F.3d 826, 834-35 (5th
Cir. 2020).
---------------------------------------------------------------------------
This final action is ``nationally applicable'' within the meaning
of CAA section 307(b)(1). Whether an action is ``nationally
applicable'' is a narrow inquiry based only on the ``face'' of the
action.\5\ The question is whether the action itself is nationally
applicable, not whether the nature and scope of the arguments raised or
relief sought by a petitioner challenging the action are nationally
applicable.\6\ On its face, this final action is nationally applicable
because it denies a petition to waive a portion of the nationally
applicable 2023 cellulosic biofuel standard promulgated in the Set Rule
for all parties who qualify as obligated parties \7\ and thus are
subject to the requirements of the RFS program no matter their location
across the country. Parties that have registered with EPA as obligated
parties under the RFS program are located in all states except Alaska,
which is not subject to the RFS program.\8\ In denying this petition,
EPA applied a consistent interpretation of the relevant CAA provisions
and the Agency's ``common, nationwide analytical method'' for
evaluating the fuels available, the fuels market data, and the RIN data
to determine whether a partial waiver is necessary to enable compliance
with the 2023 cellulosic biofuel standard.\9\ This final action applies
equally to all obligated parties.
---------------------------------------------------------------------------
\5\ Dalton Trucking, Inc. v. EPA, 808 F.3d 875, 881 (D.C. Cir.
2015); Hunt Refining Co. v. EPA, 90 F.4th 1107, 1110 (11th Cir.
2024) (``Hunt'').
\6\ S. Ill. Power Coop. v. EPA, 863 F.3d 666, 670-71 (7th Cir.
2017); ATK Launch Sys., Inc. v. EPA, 651 F.3d 1194, 1198-1199 (10th
Cir. 2011); RMS of Ga., LLC v. EPA, 64 F.4th 1368, 1372-1373 (11th
Cir. 2023); Hunt, 90 F.4th at 1110-1112.
\7\ 40 CFR 80.2 (``obligated party''), 80.1406.
\8\ CAA section 211(o)(2)(A)(i); 40 CFR 80.1407(f)(3).
\9\ S. Ill. Power, 863 F.3d at 671; ATK Launch Sys.,651 F.3d at
1197; Hunt, 90 F.4th at 1112; Oklahoma v. EPA, ---; F.4th ---, 2024
WL 799356 at *3 (10th Cir. Feb. 27, 2024).
---------------------------------------------------------------------------
For these reasons, this final action is nationally applicable.
Under CAA section 307(b)(1), petitions for judicial review of this
action must be filed in the United States Court of Appeals for the
District of Columbia Circuit by May 28, 2024.
Joseph Goffman,
Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2024-06375 Filed 3-25-24; 8:45 am]
BILLING CODE 6560-50-P