18228 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2009–0211; FRL–8894–5] 

Notice of Receipt of a Clean Air Act 

Waiver Application To Increase the 

Allowable Ethanol Content of Gasoline 

to 15 Percent; Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: On March 6, 2009, Growth 

Energy and 54 ethanol manufacturers 

submitted an application 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 ethanolgasoline blends of up to 15 percent by 

volume ethanol (‘‘E15’’). The statute 

directs the Administrator of EPA to 

grant or deny this application within 

270 days of receipt by EPA, in this 

instance December 1, 2009. In this 

Notice, EPA is soliciting comment on all 

aspects of the waiver application, 

including whether a waiver is 

appropriate for ethanol-gasoline blends 

over 10 percent and less than 15 

percent. 

DATES: Written comments must be 

received on or before May 21, 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: a-and-r-docket@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket, 

Docket ID No. EPA–HQ–OAR–2009– 

0211, Environmental Protection Agency, 

Mailcode: 6102T, 1200 Pennsylvania 

Avenue, 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 or e-mail. 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: 

James W. Caldwell, Office of 

Transportation and Air Quality, 

Mailcode: 6406J, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 343–9303; fax 

number: (202) 343–2802; e-mail 

address: caldwell.jim@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Statutory Background 

Section 211(f)(1) of the Act makes it 

unlawful for any manufacturer of any 

fuel or fuel additive to first introduce 

into commerce, or to increase the 

concentration in use of, any fuel or fuel 

additive for use by any person in motor 

vehicles manufactured after model year 

1974 which is not substantially similar 

to any fuel or fuel additive utilized in 

the certification of any model year 1975, 

or subsequent model year, vehicle or 

engine under section 206 of the Act. 

EPA last issued an interpretive rule on 

the phrase ‘‘substantially similar’’ at 73 

FR 22281 (April 25, 2008). 

Section 211(f)(4) of the Act provides 

that upon application by any fuel or fuel 

additive manufacturer, the 

Administrator may waive the 

prohibitions of section 211(f)(1) if the 

Administrator determines that the 

applicant has established that such fuel 

or fuel additive or a specified 

concentration thereof, and the emission 

products of such fuel or fuel additive or 

a specified concentration thereof, will 

not cause or contribute to a failure of 

any emission control device or system 

(over the useful life of the motor 

vehicle, motor vehicle engine, nonroad 

engine or nonroad vehicle in which 

such device or system is used) to 

achieve compliance by the vehicle or 

engine with the emission standards to 

which it has been certified pursuant to 

sections 206 and 213(a) of the Act. In 

other words, the Administrator may 

grant a waiver for a prohibited fuel or 

fuel additive if the applicant can 

demonstrate that the new fuel or fuel 

additive will not cause or contribute to 

engines, vehicles or equipment failing to 

meet their emissions standards over 

their useful life. The statute requires 

that the Administrator shall take final 

action to grant or deny the application, 

after public notice and comment, within 

270 days of receipt of the application. 

The current statute reflects changes 

made under the Energy Independence 

and Security Act of 2007 which 

explicitly extended the section 211(f)(4) 

waiver provision to nonroad engines 

and nonroad vehicles, extended the 

period allowed for consideration of the 

waiver application from 180 days to 270 

days and deleted a provision that 

resulted in a waiver becoming effective 

by operation of law if the Administrator 

made no decision within 180 days. The 

1978 waiver for 10 percent ethanol in 

gasoline (‘‘E10’’) became effective under 

the previous provision when no 

decision was made by the Administrator 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18229 

regarding the waiver application and the 

waiver became effective by operation of 

law after passage of 180 days. 

Context of Growth Energy’s Waiver 

Application 

On March 6, 2009, Growth Energy and 

54 ethanol manufacturers submitted a 

waiver application to the Administrator, 

pursuant to section 211(f)(4) of the Act, 

for ethanol-gasoline blends containing 

up to 15 percent ethanol by volume 

(‘‘E15’’). 

Growth Energy maintains that under 

the renewable fuel program 

requirements of the Energy 

Independence and Security Act of 2007, 

which is now primarily satisfied by the 

use of ethanol in motor vehicle gasoline, 

there exists a ‘‘blend barrier’’ or 

‘‘blendwall’’ by which motor vehicle 

gasoline in the U.S. essentially will 

become saturated with ethanol at the 10 

volume percent level very soon. Growth 

Energy maintains that a necessary first 

step is to increase the allowable amount 

of ethanol in motor vehicle gasoline up 

to 15 percent (E15) in order to delay the 

blendwall. They also claim other ways 

of delaying the blendwall could include 

adding more stations offering E85 

blends and bringing in the renewable 

fuel mandate specified in the Energy 

Independence and Security Act of 2007. 

For its part, Growth Energy claims that 

the ‘‘blendwall’’ will make those 

renewable fuel mandates unreachable 

and that there are substantial 

environmental benefits associated with 

higher ethanol blends. 

Growth Energy states in its waiver 

application that its supporting studies 

and extensive experience with ethanol 

support a conclusion that E15 will not 

cause or contribute to the failure of an 

emission control system such that the 

engine or vehicles fails to achieve 

compliance with its emission standards. 

In addition to the information that 

Growth Energy submitted, EPA is aware 

that several interested parties are 

investigating the impact that mid-level 

blends (e.g., E15 or E20) may have on 

vehicles and equipment. These testing 

programs are evaluating emissions 

impacts as well as other types of 

impacts (i.e., catalyst, engine, and fuel 

system durability, and onboard 

diagnostics) on vehicles and equipment. 

The Department of Energy, working in 

conjunction with the Coordinating 

Research Council and other interested 

parties, is leading a substantial testing 

effort. Results from this program to date 

are referenced in Growth Energy’s 

waiver request, and we expect 

additional data will be added to the 

docket as it becomes available. 

One potential outcome at the end of 

our process, after reviewing the entire 

body of scientific and technical 

information available to us, may be an 

indication that a fuel up to E15 could 

meet the criteria for a waiver for some 

vehicles and engines but not for others. 

Some vehicles and engines may be more 

susceptible to emission increases or 

durability problems that cause or 

contribute to these vehicles or engines 

failing to meet their emissions 

standards. Assuming the criteria are met 

for a certain subset of vehicles, one 

interpretation of section 211(f)(4) is that 

the waiver could be approved in part for 

only that subset of vehicles or engines 

for which testing supports its use and 

for which adequate conditions or other 

measures could be implemented to 

ensure its proper use. 

Another potential outcome is a 

conclusion that ethanol blends of 

greater than 10 percent, but less than 15 

percent, warrant a waiver. To take such 

action, the Agency would need similar 

evidence, such as emissions durability 

testing, as what would be needed to 

address a waiver for a 15 percent blend. 

Any approval, either fully or partially, 

is likely to elicit a market response to 

add E15 blends to E10 and E0 blends in 

the marketplace, rather than replace 

them. Thus consumers would merely 

have an additional choice of fuel. 

Experience in past fuel programs has 

shown that even with consumer 

education and fuel implementation 

efforts, there sometimes continues to be 

public concern for new fuel 

requirements. Several examples include 

the phasedown of the amount of lead 

allowed in gasoline in the 1980s and the 

introduction of reformulated gasoline 

(RFG) in 1995. Some segments of the 

public were convinced that the new 

fuels caused vehicle problems or 

decreases in fuel economy. Although 

substantial test data proved otherwise, 

these concerns lingered in some cases 

for several years. As a direct result of 

these experiences, EPA wants to be 

assured that prior to granting a waiver, 

sufficient testing has been conducted to 

demonstrate the compatibility of a 

waiver fuel with engine, fuel and 

emission control system components. 

EPA has previously granted waivers 

with certain restrictions or conditions, 

including requirements that precautions 

be taken to prevent using the waiver 

fuel as a base fuel for adding 

oxygenates, that certain corrosion 

inhibitors be utilized when producing 

the waiver fuel, and that waiver fuels 

meet voluntary consensus-based 

standards such as those developed by 

the American Society for Testing and 

Materials (ASTM). In a partial waiver 

for fueling certain types of vehicles or 

engines, the condition placed on the 

fuel manufacturer would be that the fuel 

is only used in certain vehicles or 

engines (i.e., E15 is only used in the 

subset of vehicles or engines identified 

in the partial or conditional waiver). 

EPA recognizes that there may be legal 

and practical limitations on what a fuel 

manufacturer may be required or able to 

do to ensure compliance with the 

conditions of the waiver, including 

preventing misfueling. EPA has not 

previously imposed this type of 

‘‘downstream’’ condition on the fuel 

manufacturer as a condition for 

obtaining a section 211(f)(4) waiver. 

EPA does, however, have experience 

with compliance problems occurring 

when two types of gasoline have been 

available at service stations. Beginning 

in the mid-1970s with the introduction 

of unleaded gasoline and continuing 

into the 1980s as leaded gasoline was 

phased out, there was significant 

intentional misfueling by consumers. At 

the time most service stations had 

pumps dispensing both leaded and 

unleaded gasoline and a price 

differential as small as a few cents per 

gallon was enough to cause some 

consumers to misfuel. 

Request for Comments 

EPA invites public comments and 

data 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. EPA specifically requests comment 

and data that will enable EPA to: 

(a) evaluate whether an appropriate 

level of scientific and technical 

information exists in order for the 

Administrator to determine whether the 

use of E15 will not cause or contribute 

to a failure of any emission control 

device or system over the useful life of 

any motor vehicle or motor vehicle 

engine (certified pursuant to section 206 

of the Act) to achieve compliance with 

applicable emission standards; 

(b) evaluate whether an appropriate 

level of scientific and technical 

information exists in order for the 

Administrator to determine whether the 

use of E15 will not cause or contribute 

to a failure of any emission control 

device or system over the useful life of 

any nonroad vehicle or nonroad engine 

(certified pursuant to sections 206 and 

213(a) of the Act) to achieve compliance 

with applicable emission standards; 

and, 

(c) evaluate whether an appropriate 

level of scientific and technical 

information exists in order for the 

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18230 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

Administrator to grant a waiver for an 

ethanol-gasoline blend greater than 10 

percent and less than or equal to 15 

percent by volume. 

EPA also requests comment on: 

(d) all legal and technical aspects 

regarding the possibility that a waiver 

might be granted, in a conditional or 

partial manner, such that the use of up 

to E15 would be restricted to a subset 

of gasoline vehicles or engines that 

would be covered by the waiver, while 

other vehicles or engines would 

continue using fuels with blends no 

greater than E10. EPA seeks comment 

on what measures would be needed to 

ensure that the fuel covered by the 

waiver (i.e. a partial or conditional 

waiver) is only used in that subset of 

vehicles or engines. EPA acknowledges 

that the issue of misfueling would be 

challenging in a situation where a 

conditional waiver is granted. To the 

extent a partial or conditional waiver 

may be appropriate, please provide 

comments on the legal and technical 

need for restrictions of this nature. 

Comments are also requested on how 

the Agency might define a partial or 

conditional waiver. For example, 

assuming there is sufficient technical 

basis, should the subset of vehicles or 

engines that is allowed to use the 

waived fuel be defined by model year of 

production, engine size, application 

(e.g., highway vehicle vs. nonroad 

engine), or some other defining 

characteristic. 

(e) Any education efforts that would 

be needed to inform the public about 

the new fuel that would be available if 

a waiver is granted. To address the 

possibility of a grant of a conditional or 

partial waiver, the Agency requests 

specific comments on public education 

measures that would be needed if the 

waiver allowed the fuel to be used only 

in a subset of existing vehicles or 

engines. 

Commenters should include data or 

specific examples in support of their 

comments in order to aid the 

Administrator in determining whether 

to grant or deny the waiver request. In 

order for any testing programs 

evaluating emissions impacts, as well as 

other types of impacts (i.e., catalyst, 

engine, fuel system durability, or 

onboard diagnostics), to be useful in 

EPA’s evaluation of Growth Energy’s 

waiver application, any mid-level 

ethanol blend testing or other analyses 

should consider such impacts across a 

range of engines and equipment 

(including the fuel systems) that are 

currently in service and that could be 

exposed to mid-level ethanol blends. 

Such testing and analyses should also 

assess the long-term impacts of such 

blends. EPA specifically solicits the data 

and results from such testing and 

analyses. 

Although it is not a specific criterion 

by which to evaluate a waiver request 

under section 211(f), any approved 

waiver could require program changes 

to accommodate this new fuel. EPA 

seeks comment on the effect of a 

potential waiver for ethanol blends 

above 10 percent and up to 15 percent 

on existing fuel programs (e.g., gasoline 

detergent certification, protection of 

underground storage tanks, etc.) and on 

the gasoline production, distribution 

and marketing infrastructure. For 

example, would EPA need to modify its 

RFG and anti-dumping regulations to 

account for a higher blend? EPA also 

seeks comment on the dynamics of the 

blendwall concern raised by Growth 

Energy, the extent to which the use of 

an E15 blend would in practice help 

address this concern, and what 

additional steps would have to be taken 

to bring E15 to market should a waiver 

be granted. 

Dated: April 15, 2009. 

Elizabeth Craig, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

[FR Doc. E9–9115 Filed 4–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8894–4] 

Science Advisory Board Staff Office; 

Notification of a Public Teleconference 

of the Clean Air Scientific Advisory 

Committee (CASAC); Particulate Matter 

Review Panel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) Science Advisory Board 

(SAB) Staff Office announces a public 

teleconference of the Clean Air 

Scientific Advisory Committee 

Particulate Matter Review Panel (the 

CASAC PM Review Panel) to review 

and approve its draft letters on three 

EPA documents: Integrated Science 

Assessment for Particulate Matter—First 

External Review Draft, Dec 2008; PM 

NAAQS: Scope and Methods Plan for 

Health 88Risk and Exposure 

Assessment (February 2009); and PM 

NAAQS: Scope and Methods Plan for 

Urban Visibility Impact Assessment 

(February 2009) developed for the PM 

National Ambient Air Quality Standards 

(NAAQS) review. 

DATES: The public teleconference will 

be held on Thursday May 7, 2009 from 

1 p.m. to 2 p.m. (Eastern Time). 

ADDRESSES: The teleconference will be 

conducted by telephone only. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public who wants further 

information concerning the CASAC 

public teleconference may contact Dr. 

Holly Stallworth, Designated Federal 

Officer (DFO), EPA Science Advisory 

Board (1400F), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

via telephone/voice mail (202) 343– 

9867; fax (202) 233–0643; or e-mail at 

stallworth.holly@epa.gov. General 

information concerning the CASAC can 

be found on the EPA Web site at 

http://www.epa.gov/casac. 

SUPPLEMENTARY INFORMATION: 

Background: The Clean Air Scientific 

Advisory Committee (CASAC) was 

established under section 109(d)(2) of 

the Clean Air Act (CAA or Act) (42 

U.S.C. 7409) as an independent 

scientific advisory committee. CASAC 

provides advice, information and 

recommendations on the scientific and 

technical aspects of air quality criteria 

and national ambient air quality 

standards (NAAQS) under sections 108 

and 109 of the Act. The CASAC is a 

Federal advisory committee chartered 

under the Federal Advisory Committee 

Act (FACA), as amended, 5 U.S.C., App. 

The CASAC will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedures. 

Section 109(d)(1) of the CAA requires 

that the Agency periodically review and 

revise, as appropriate, the air quality 

criteria and the NAAQS for the six 

‘‘criteria’’ air pollutants, including 

particulate matter (PM). EPA conducts 

scientific assessments to determine both 

primary (health-based) and secondary 

(welfare-based) standards for each of 

these pollutants. 

The CASAC PM Review Panel will 

hold a public teleconference on May 7, 

2009 to review and approve draft letters 

reviewing three EPA draft documents 

supporting EPA’s review of the PM 

National Ambient Air Quality Standard: 

(1) Integrated Science Assessment for 

Particulate Matter—First External 

Review Draft, Dec 2008; (2) PM NAAQS: 

Scope and Methods Plan for Health Risk 

and Exposure Assessment (February 

2009); and (3) PM NAAQS: Scope and 

Methods Plan for Urban Visibility 

Impact Assessment (February 2009). 

The CASAC PM Panel previously 

held a public meeting on April 1–2, 

2009 (announced in 74 FR 7688–7689) 

to review these documents. The purpose 

of the May 7, 2009 teleconference is to 

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