[Federal Register Volume 74, Number 96 (Wednesday, May 20, 2009)]
[Notices]
[Pages 23704-23705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11785]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2009-0211; FRL-8907-7]
Notice of Receipt of a Clean Air Act Waiver Application To
Increase the Allowable Ethanol Content of Gasoline to 15 Percent;
Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; extension of comment period.
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SUMMARY: The U.S. Environmental Protection Agency (``EPA''), in
response to many requests from the public, is extending the public
comment period on the waiver application to increase the allowable
ethanol content of gasoline to 15 percent (``E15'') which was submitted
by Growth Energy and 54 ethanol manufacturers on March 6, 2009. EPA
published notice of receipt and request for comment in the Federal
Register for Growth Energy's application on April 21, 2009 (74 FR
18228). The public comment period was to end on May 21, 2009. The
purpose of this document is to extend the comment period an additional
60 days until July 20, 2009. This extension of the comment period is
provided to allow the public additional time to respond to the legal
and technical issues raised in the application. This action does not
extend the 270-day statutory deadline for the Administrator to grant or
deny the E15 waiver request, which ends on December 1, 2009.
DATES: Written comments must be received on or before July 20, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0211, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2009-0211, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0211. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
How Can I Access the Docket?
EPA has established a public docket for this application under
Docket ID No. EPA-HQ-OAR-2009-0211, which is available for Online
viewing at http://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 http://www.regulations.gov to obtain a copy of the waiver
request, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified in this
document.
FOR FURTHER INFORMATION CONTACT: Robert K. Anderson, Office of
Transportation and Air Quality (6405J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number: (202) 343-7518; fax number: (202) 343-2802; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On March 6, 2009, Growth Energy and 54 ethanol manufacturers
submitted an application to the U.S. Environmental Protection Agency
for a waiver of the prohibition of the introduction into commerce of
certain fuels and fuel additives set forth in section 211(f) of the
Clean Air Act (``the Act''). This application seeks a waiver for
ethanol-gasoline blends of up to 15 percent by volume ethanol
(``E15''). On April 21, 2009, EPA published notice for the receipt of
the application, and, as required by section 211(f)(4) of the Act, EPA
requested public comment on all aspects of the waiver application that
will assist the Administrator in determining whether the statutory
basis for granting the waiver request for ethanol-gasoline blends
containing up to E15 has been met (See 74 FR 18228). EPA originally
provided a 30-day period for the public to respond. The deadline for
public comment was May 21, 2009.
In a letter dated April 17, 2009, the National Corn Growers
Association requested a 60-day extension to the comment period. On
April 27, 2009, EPA received a request from 36 national organizations
who stated they represent a diverse cross-section of interests and who
requested a 60-day extension to the comment window. Also on April 27,
2009, the Alliance of Automobile Manufacturers requested a 45-day
extension. Finally, on May 6, 2009, AllSAFE--a group of national
consumer, manufacturing, and gasoline retailer associations that
utilize gasoline and ethanol fuel blends--requested a minimum 30-day
extension to the comment period. In general, these parties stated that
additional time would be needed in order to allow
[[Page 23705]]
commenters more time to properly address the complex legal and
technical issues and provide more thorough comments that would aid in
considering the E15 waiver.
Although EPA agrees that additional time for comments may be
needed, this need must be balanced against the need to allow EPA ample
time to review all relevant data and public submissions before the 270-
day statutory decision deadline. EPA believes an additional 60 days
would allow adequate time for these stakeholders and others to provide
meaningful comment on the E15 waiver request. EPA does not anticipate
any further extension of the comment period for this waiver request.
Extension of Comment Period
EPA has determined that extension of the comment period would aid
in providing the public an adequate amount of time to respond to the
complex legal and technical issues that result from possibly allowing
E15 to be sold commercially. Accordingly, the public comment period for
the E15 waiver to section 211(f) of the Act is extended until July 20,
2009. This action does not extend the 270-day statutory deadline of
December 1, 2009, for the Administrator to grant or deny the E15 waiver
request.
Dated: May 14, 2009.
Elizabeth Craig,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E9-11785 Filed 5-19-09; 8:45 am]
BILLING CODE 6560-50-P