[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Page 37733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15881]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2005-0161; FRL-9169-9]
RIN 2060-AQ31
Regulation of Fuels and Fuel Additives: Modifications to
Renewable Fuel Standard Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: EPA published a direct final rule to amend the Renewable Fuel
Standard program requirements on May 10, 2010. Because EPA received
adverse comment, we are withdrawing several provisions of the direct
final rule.
DATES: Effective June 30, 2010, EPA withdraws the definitions of
``actual peak capacity,'' ``baseline volume,'' and ``permitted
capacity'' from 40 CFR 80.1401, and the amendments to 40 CFR
80.1403(a), 80.1425 introductory text and paragraph (i), 80.1426(d)(1)
introductory text, 80.1426 Table 2, 80.1426(f)(3)(iv),
80.1426(f)(3)(v), 80.1426(f)(12), 80.1452(b) introductory text, (b)(2),
(b)(4), (b)(6), (b)(9), (b)(13), and (b)(15), and 80.1452(c)
introductory text, (c)(4), (c)(5), and (c)(7), that were published at
75 FR 26026 on May 10, 2010.
FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality (Mail Code: 6405J), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
343-9473; fax number: (202) 343-2802; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are
withdrawing several provisions of the direct final rule to amend the
Renewable Fuel Standard program requirements, published on May 10,
2010. We stated in that direct final rule that if we received adverse
comment by June 9, 2010, the portion of the direct final rule on which
adverse comment was received would not take effect, and we would
publish a timely withdrawal of such portions of the direct final rule
in the Federal Register.
We subsequently received adverse comment on the following
provisions: Certain of the amendments to 40 CFR 80.1401 (moved the
definitions of ``actual peak capacity,'' ``baseline volume,'' and
``permitted capacity'' from 40 CFR 80.1403(a), revised the definition
of ``actual peak capacity'' to clarify how it is calculated and revised
the definition of ``permitted capacity'' to clarify the dates before
which permits used to establish a facility's permitted capacity must
have been issued or revised); 40 CFR 80.1425 (clarified that RINs
generated after July 1, 2010, may only be generated and transferred
using the EPA-Moderated Transaction System (EMTS) and will not be
identified by a 38-digit code and that the value of EEEEEEEE in a
batch-RIN will be determined by the number of gallon-RINs generated for
the batch); 40 CFR 80.1426(d)(1), 80.1426(f)(3)(iv), and
80.1426(f)(3)(v) (clarified that a unique BBBBB code in the RIN, or its
equivalent in EMTS, is used to identify a batch of renewable fuel from
a given renewable fuel producer or importer); 40 CFR 80.1426 Table 2
(clarified the extent to which renewable fuel producers must use
certain advanced technologies in order for them to be considered when
determining the proper D code for their fuel); 40 CFR 80.1426(f)(12)
(clarified the requirements for gas to be considered biogas for
purposes of determining a renewable fuel's D code); 40 CFR 80.1452(b)
(clarified that RINs must be generated in EMTS within five (5) business
days of being assigned to a batch of renewable fuel and clarified the
information required to be submitted via EMTS for each batch of
renewable fuel produced or imported); and, 40 CFR 80.1452(c) (clarified
that transactions involving RINs generated on or after July 1, 2010
must be conducted via EMTS within five (5) business days of a
reportable event, and clarified the meaning of the term ``reportable
event'' and the information required to be submitted via EMTS for each
transaction involving RINs generated on or after July 1, 2010).
EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. We will address the comments received on the
portions of the direct final rule listed above in a subsequent final
action based on the parallel proposed rule also published on May 10,
2010 (75 FR 26049). The provisions for which we did not receive adverse
comment will become effective on July 1, 2010, as provided in the May
10, 2010, direct final rule.
Dated: June 24, 2010.
Lisa P. Jackson,
Administrator.
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
Accordingly, the definitions of ``actual peak capacity,'' ``baseline
volume,'' and ``permitted capacity'' in 40 CFR 80.1401, and the
amendments to 40 CFR 80.1403(a), 80.1425 introductory text and
paragraph (i), 80.1426(d)(1) introductory text, 80.1426 Table 2,
80.1426(f)(3)(iv), 80.1426(f)(3)(v), 80.1426(f)(12), 80.1452(b)
introductory text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), and
(b)(15), and 80.1452(c) introductory text, (c)(4), (c)(5), and (c)(7),
that were published on May 10, 2010 (75 FR 26026) are withdrawn as of
June 30, 2010.
[FR Doc. 2010-15881 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P