[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Pages 3928-3932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00204]



[[Page 3928]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2020-0725; FRL-10019-09-OAR]
RIN 2060-AV07


Extension of 2019 and 2020 Renewable Fuel Standard Compliance and 
Attest Engagement Reporting Deadlines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
modify certain compliance dates under the Renewable Fuel Standard 
(RFS). First, EPA proposes to extend the RFS compliance deadline for 
the 2019 compliance year and the associated deadline for submission of 
attest engagement reports for the 2019 compliance year for small 
refineries. The new deadlines would be November 30, 2021, and June 1, 
2022, respectively. Second, EPA proposes to extend the RFS compliance 
deadline for the 2020 compliance year and the associated deadline for 
submission of attest engagement reports for the 2020 compliance year 
for obligated parties and RIN-generating renewable fuel producers and 
importers, and other parties holding RINs. The new deadlines would be 
January 31, 2022, and June 1, 2022, respectively.

DATES: Comments: Comments must be received on or before March 11, 2021.
    Public Hearing: EPA will hold a virtual public hearing on February 
9, 2021. Please refer to the SUPPLEMENTARY INFORMATION section for 
additional information on the public hearing.

ADDRESSES: Comments. You may send your comments, identified by Docket 
ID No. EPA-HQ-OAR-2020-0725, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov 
(our preferred method). Follow the online instructions for submitting 
comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#b9d894d8d7dd94cb94fdd6dad2dccdf9dcc9d897ded6cf"><span class="__cf_email__" data-cfemail="d2b3ffb3bcb6ffa0ff96bdb1b9b7a692b7a2b3fcb5bda4">[email protected]</span></a>. Include Docket ID No. EPA-
HQ-OAR-2020-0448 in the subject line of the message.
    <bullet> Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Air Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
    <bullet> Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal 
Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov, including any personal information 
provided. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room are closed to the public, 
with limited exceptions, to reduce the risk of transmitting COVID-19. 
Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov or email, as there may 
be a delay in processing mail and faxes. Hand deliveries and couriers 
may be received by scheduled appointment only. For further information 
on EPA Docket Center services and the current status, please visit us 
online at https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.
    Public Hearing. The virtual public hearing will be held on February 
9, 2021. The hearing will begin at 9:00 a.m. Eastern Time (ET) and end 
when all parties who wish to speak have had an opportunity to do so. 
All hearing attendees (including even those who do not intend to 
provide testimony) should notify the contact person listed under FOR 
FURTHER INFORMATION CONTACT by February 2, 2021. Additional information 
regarding the hearing appears below under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For questions regarding this proposed 
action, contact Lauren Michaels, Office of Transportation and Air 
Quality, Assessment and Standards Division, Environmental Protection 
Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: 
(734) 214-4640; email address: <a href="/cdn-cgi/l/email-protection#1c71757f747d79706f32707d696e79725c796c7d327b736a"><span class="__cf_email__" data-cfemail="523f3b313a33373e217c3e332720373c123722337c353d24">[email protected]</span></a>. To register for 
the virtual public hearing, contact Nick Parsons at (734) 214-4479 or 
<a href="/cdn-cgi/l/email-protection#fabba9bed7a89f9d93898e889b8e939594ba9f8a9bd49d958c"><span class="__cf_email__" data-cfemail="c9889a8de49bacaea0babdbba8bda0a6a789acb9a8e7aea6bf">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Does this action apply to me?

    Entities potentially affected by this rule, should it become final, 
are those involved with the production, distribution, and sale of 
transportation fuels, including gasoline, diesel, and renewable fuels 
such as ethanol, biodiesel, renewable diesel, and biogas. Potentially 
affected categories include:

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                                                 Examples of potentially
            Category             NAICS \1\ code     affected entities
------------------------------------------------------------------------
Industry.......................          324110  Petroleum refineries.
Industry.......................          325193  Ethyl alcohol
                                                  manufacturing.
Industry.......................          325199  Other basic organic
                                                  chemical
                                                  manufacturing.
Industry.......................          424690  Chemical and allied
                                                  products merchant
                                                  wholesalers.
Industry.......................          424710  Petroleum bulk stations
                                                  and terminals.
Industry.......................          424720  Petroleum and petroleum
                                                  products merchant
                                                  wholesalers.
Industry.......................          221210  Manufactured gas
                                                  production and
                                                  distribution.
Industry.......................          454319  Other fuel dealers.
------------------------------------------------------------------------
\1\ North American Industry Classification System (NAICS).

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
proposed action. This table lists the types of entities that EPA is now 
aware could potentially be affected by this proposed action. Other 
types of entities not listed in the table could also be affected. To 
determine whether your entity would be affected by this proposed 
action, you should carefully examine the applicability criteria in 40 
CFR part 80. If you have any questions regarding the applicability of 
this proposed action to

[[Page 3929]]

a particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

Participation in Virtual Public Hearing

    Please note that EPA is deviating from its typical approach because 
the President has declared a national emergency. Because of current CDC 
recommendations, as well as state and local orders for social 
distancing to limit the spread of COVID-19, EPA cannot hold in-person 
public meetings at this time.
    EPA will begin pre-registering speakers for the hearing upon 
publication of this document in the Federal Register. To register to 
speak at the virtual hearing, please contact the person listed in the 
FOR FURTHER INFORMATION CONTACT section. The last day to pre-register 
to speak at the hearing will be February 2, 2021.
    Each commenter will have 3 minutes to provide oral testimony. EPA 
may ask clarifying questions during the oral presentations, but will 
not respond to the presentations at that time. EPA recommends 
submitting the text of your oral comments as written comments to the 
rulemaking docket. Written statements and supporting information 
submitted during the comment period will be considered with the same 
weight as oral comments and supporting information presented at the 
public hearing.
    Please note that any updates made to any aspect of the hearing will 
be posted online at https://www.epa.gov/renewable-fuel-standard-program/news-notices-and-announcements-renewable-fuel-standard. While 
EPA expects the hearing to go forward as set forth above, please 
monitor the website or contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to determine if there are any updates. EPA 
does not intend to publish a document in the Federal Register 
announcing updates.
    If you require the services of a translator or special 
accommodations such as audio description, please pre-register for the 
hearing and describe your needs by February 2, 2021. EPA may not be 
able to arrange accommodations without advance notice.

Outline of This Preamble

I. Background and Extension of Deadlines
    A. Extension of the 2019 RFS Compliance Deadline for Small 
Refineries
    B. Extension of the 2020 RFS Compliance Deadline
    C. Corresponding Attest Engagement Report Deadlines
II. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR part 51
    K. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
III. Statutory Authority

I. Background and Extension of Deadlines

    EPA is proposing to amend existing regulatory deadlines for small 
refineries under the Renewable Fuel Standard (RFS) program to submit 
reports demonstrating compliance with their 2019 RFS obligations, and 
to submit corresponding attest engagement reports. We are also 
proposing to amend existing regulatory deadlines for all obligated 
parties to submit reports demonstrating compliance with their 2020 RFS 
obligations, and to submit corresponding attest engagement reports. 
Finally, we also propose to modify the attest engagement report 
deadline for RIN-generating renewable fuel producers, RIN-generating 
importers of renewable fuel, and other parties owning RINs in order to 
maintain a single attest report deadline for 2020.
    For small refineries, we are proposing to extend the 2019 
compliance deadline in light of ongoing uncertainty surrounding small 
refinery exemptions (SREs) under the RFS program. We are proposing a 
2019 compliance deadline for small refineries of November 30, 2021. For 
the 2020 compliance year, we are proposing to extend the compliance 
deadline for all obligated parties because we have not yet promulgated 
an annual rulemaking establishing the 2021 RFS standards. We are 
proposing a 2020 compliance deadline of January 31, 2022. We are 
proposing a June 1, 2022, attest engagement report deadline for both 
small refineries for 2019 and all relevant parties for 2020.

Table I.A-1--Current and Proposed Annual Compliance and Attest Engagement Reporting Deadlines by Regulated Party
                             for the 2019 (as applicable) and 2020 Compliance Years
----------------------------------------------------------------------------------------------------------------
                                    Current annual      Current attest     Proposed revised    Proposed revised
    Regulated party category          compliance          engagement       annual compliance   attest engagement
                                       deadline       reporting deadline       deadline       reporting deadline
----------------------------------------------------------------------------------------------------------------
                                              2019 Compliance Year
----------------------------------------------------------------------------------------------------------------
Small refineries................  March 31, 2020....  June 1, 2020......  November 30, 2021.  June 1, 2022.
----------------------------------------------------------------------------------------------------------------
                                              2020 Compliance Year
----------------------------------------------------------------------------------------------------------------
Small refineries................  March 31, 2021....  June 1, 2021......  January 31, 2022..  June 1, 2022.
Obligated parties...............  March 31, 2021....  June 1, 2021......  January 31, 2022..  June 1, 2022.
----------------------------------------------------------------------------------------------------------------

A. Extension of the 2019 RFS Compliance Deadline for Small Refineries

    The RFS regulations establish deadlines for obligated parties with 
renewable volume obligations (RVOs) to submit annual compliance 
demonstration reports to EPA, and later deadlines for the same parties 
to submit associated attest engagement reports. Under existing RFS 
regulations (40 CFR 80.1451(a) and 80.1464(d)), obligated parties must 
submit compliance demonstration reports for each calendar year by March 
31 of the following year,

[[Page 3930]]

and associated attest engagements by June 1 of the following year. In 
this action, we are proposing to revise certain reporting deadlines 
applicable to the 2019 and 2020 compliance years.
    On January 24, 2020, the U.S. Court of Appeals for the Tenth 
Circuit issued a decision in Renewable Fuels Association (RFA) v. EPA 
invalidating several SREs granted by EPA.\1\ The small refineries whose 
SREs were invalidated by the court in the RFA case sought rehearing 
from the Tenth Circuit, which was denied on April 7, 2020.\2\ Thus, the 
Tenth Circuit's decision was not final until after the compliance 
reporting deadline for the 2019 compliance year had already passed on 
March 31, 2020. Moreover, although the rehearing petitions have now 
been resolved in the Tenth Circuit, on September 4, 2020, the small 
refinery intervenors in that suit filed a petition for a writ of 
certiorari from the U.S. Supreme Court.\3\ This case is pending on the 
Supreme Court's docket at this time. The resolution of the appeals 
process for the RFA case has the potential to impact the availability 
of SREs going forward. Because of the uncertainty both leading up to 
the March 31, 2020, deadline and of SREs going forward, we do not 
believe it would be appropriate to require small refineries to 
demonstrate compliance with their 2019 obligations pending ongoing 
appeals of the RFA decision.\4\
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    \1\ Renewable Fuels Ass'n v. EPA, 948 F.3d 1206 (10th Cir. 
2020).
    \2\ Order, RFA v. EPA, No. 18-9533 (10th Cir. Apr. 7, 2020).
    \3\ RFA, Petition for Certiorari, No. 20-472 (U.S. Sept. 4, 
2020).
    \4\ EPA received a letter from the Small Refineries Coalition 
dated July 30, 2020, requesting that EPA modify the 2019, 2020, and 
2021 compliance deadlines and corresponding attest engagement 
reporting deadlines. The letter suggests that uncertainty due to the 
lack of 2019 and 2020 SRE decisions and the unknown 2021 RFS 
standards ``make it practically impossible for small refineries to 
plan for compliance.'' This letter is available in the docket for 
this action.
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    Therefore, we are proposing to extend the 2019 compliance deadline 
for small refineries. We believe that it is appropriate to do so only 
for small refineries because it is only the compliance requirements of 
these parties that would be affected by the outcome of the RFA case.\5\ 
All other obligated parties' compliance obligations for 2019 remain the 
same regardless of the RFA decision.
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    \5\ Most small refineries currently have pending 2019 SRE 
petitions before the agency. We are proposing to extend this 
flexibility to all small refineries because others may submit 
petitions in the future.
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    We intend to allow small refineries to revisit their compliance 
reports in the time period after this rule is finalized and by the new 
compliance date established by this rulemaking. This means that if a 
small refinery had decided to carry forward a deficit for 2019 at the 
time of the March 31, 2020 compliance deadline, but then later receives 
an SRE for 2019 or retires RINs in accordance with its obligation, that 
initial decision to carry forward a deficit will not constitute a 
carry-forward deficit (i.e., failing to meet the requirement to retire 
sufficient RINs as described in 40 CFR 80.1427(a)(1)) that would make 
the small refinery ineligible to do the same for the following 
compliance year (i.e., 2020) under 40 CFR 80.1427(b). For small 
refineries that did not submit a compliance report as of the March 31, 
2020, compliance deadline, we intend to treat those refineries as 
having carried forward a deficit for purposes of compliance status and 
do not intend to treat these refineries as being in noncompliance 
pending the implementation of this action to extend the compliance date 
for small refineries. Such small refineries would need to submit a 
compliance report to comply with the new compliance deadline, unless 
they receive an exemption.
    This proposed extension would apply only to those parties who meet 
the definition of small refinery in CAA section 211(o)(1)(k) and 40 CFR 
80.1441(e)(2)(iii) for the 2019 compliance year. This proposal to 
extend only the deadline for parties that meet the definition of small 
refinery is appropriate because only a presently unknown number of 
small refineries' compliance obligations will be affected by ongoing 
litigation and it is consistent with our eligibility requirements 
regarding SREs. We recognize that in recent years we have determined 
that some parties who have petitioned for SREs have been deemed 
ineligible by EPA, often due to the refinery's throughput (i.e., more 
than 75,000 barrels of crude per day) or the nature of their business 
(i.e., not a refinery). We are proposing that the parties that EPA has 
found ineligible because they do not meet the definition of small 
refinery in recent years would similarly not be eligible for the 
proposed compliance date extension for small refineries.
    We note that all of the existing regulatory flexibilities for small 
refineries, including the ability to satisfy up to 20 percent of their 
2019 RVOs using 2018 carryover RINs under 40 CFR 80.1427(a)(4), and the 
ability to carry forward a deficit from 2019 to 2020 if they did not 
carry forward a deficit from 2018 under 40 CFR 80.1427(b), would 
continue to be available to them to demonstrate compliance for 2019 at 
the proposed later compliance deadline. Due to the ongoing litigation, 
we take no position on the availability of SREs for the 2019 compliance 
year.

B. Extension of the 2020 RFS Compliance Deadline for All Obligated 
Parties

    We are proposing to modify the 2020 compliance deadline for all 
obligated parties. We are doing so because we have yet to promulgate 
the 2021 RFS standards, and we recognize the importance to obligated 
parties of planning their compliance for a given calendar year by 
understanding their obligations for the years before and after.\6\ That 
is, prior to demonstrating compliance with their 2020 obligations, 
obligated parties have a valid interest in knowing their 2021 
compliance obligations. This is particularly true given the two-year 
``lifespan'' for RINs; such that 2020 RINs can be used for compliance 
with either 2020 or 2021 obligations. Compliance obligations for 2021 
will remain unknown until EPA finalizes the 2021 standards, and at this 
time, EPA has not yet proposed the 2021 standards.
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    \6\ See 80 FR 33100, 33149 (June 10, 2015); 78 FR 49823 (August 
15, 2013) for discussion of obligated parties' interests in 
extensions in past actions.
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    We are also proposing to modify the 2020 compliance deadline to 
allow small refineries who have not yet demonstrated compliance with 
their 2019 obligations sufficient time between each year's compliance 
obligation demonstration. Modifying the 2020 compliance deadline to a 
date after the proposed 2019 compliance deadline for small refineries 
will allow for complete compliance for 2019 by all obligated parties, 
including these small refineries, prior to demonstrating compliance for 
2020. Requiring full compliance with the 2019 standards prior to the 
2020 compliance deadline will provide all obligated parties and market 
participants with an accurate picture of the RIN market, including the 
availability of 2019 carryover RINs for compliance with the 2020 
standards.
    We are proposing a 2020 compliance date of January 31, 2022, for 
all obligated parties. This deadline would allow several things to 
occur prior to that compliance date. First, it would allow small 
refineries to complete compliance with their 2019 obligations. Second, 
it would provide 60 days between 2019 and 2020 compliance deadlines to 
allow for obligated parties to make additional RIN acquisitions, 
transfers, transactions, and retirements

[[Page 3931]]

prior to the 2020 compliance deadline. Finally, this deadline would 
provide 60 days between 2020 and 2021 compliance deadlines, allowing 
the 2021 compliance deadline to remain on March 31, 2022, as currently 
prescribed in our regulations.\7\
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    \7\ See 40 CFR 80.1464.
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C. Corresponding Attest Engagement Report Deadlines

    We are proposing to revise the deadline for attest engagement 
reports in 40 CFR 80.1464(g) for small refineries for 2019 compliance 
demonstrations and for all obligated parties as well as RIN-generating 
renewable fuel producers, RIN-generating importers of renewable fuel, 
and other parties owning RINs for 2020 compliance demonstrations.
    For small refineries, given the short period of time between when 
small refineries will have to demonstrate compliance with their 2019 
and 2020 obligations, we do not believe it is feasible for them to 
conduct an attest engagement for 2019 between the proposed 2019 and 
2020 compliance deadlines. As such, we are proposing that small 
refineries conduct their 2019 attest engagement by June 1, 2022. For 
all obligated parties, as well as RIN-generating renewable fuel 
producers, RIN-generating importers of renewable fuel, and other 
parties owning RINs, we are proposing that the 2020 attest engagement 
report deadline would also be June 1, 2022. We believe this will 
provide all relevant parties with the time necessary to conduct their 
attest engagement in a timely manner and on a similar schedule. Because 
attest engagements are based on the information in the submitted 
compliance reports, sequencing the attest engagement to occur after the 
compliance deadline is a reasonable approach. We believe that this 
sequencing of reports, and the time allowed between them, will allow 
obligated parties to proceed to demonstrate their compliance with both 
2019 and 2020 RVOs in a logical and orderly fashion with all relevant 
information available and with sufficient intervening time so as not to 
pose an increased burden. Although up to three years of attest 
engagements will be due on the same day, obligated parties would need 
to submit a separate attest reports covering each year. For RIN-
generating renewable fuel producers, RIN-generating importers of 
renewable fuel, and other parties owning RINs, maintaining a single 
attest report date for 2020 will alleviate any confusion for these 
parties who also need to submit attest engagements. We intend to also 
provide additional reporting instructions on our fuels reporting web 
page for the attest engagement reports prior to the revised deadlines.
    Given the potential for different reporting schedules for the 2019 
and 2020 compliance years that we are proposing for obligated parties, 
and the multiple considerations we are trying to balance across 
regulated parties, we seek comment on whether the proposed deadlines 
are appropriate in light of the considerations identified in this 
action and whether there are other specific considerations that we 
should evaluate when establishing the 2019 and 2020 compliance 
demonstration and attest engagement reporting deadlines.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0725 and 2060-0723. This action proposes only to 
make a one-time change in the compliance dates for certain regulated 
parties and adjusts the due date of their compliance reports and attest 
engagements to reflect this change. It does not change the information 
to be collected or increase the frequency of collection.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This action proposes to extend the RFS 
compliance deadlines. We do not anticipate that there will be any costs 
associated with these proposed changes. We have therefore concluded 
that this action will have no regulatory burden for all directly 
regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action imposes 
no enforceable duty on any state, local or tribal governments. 
Requirements for the private sector do not exceed $100 million in any 
one year.

F. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This proposed rule only affects RFS obligated 
parties. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that EPA has reason to believe may disproportionately affect children, 
per the definition of ``covered regulatory action'' in section 2-202 of 
the Executive Order. This action is not subject to Executive Order 
13045 because it does not concern an environmental health risk or 
safety risk.

[[Page 3932]]

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
part 51

    This proposed action does not involve technical standards.

K. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12989 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard.

III. Statutory Authority

    Statutory authority for this action comes from section 211(o) of 
the Clean Air Act, 42 U.S.C. 7545(o).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, 
Oil imports, Penalties, Petroleum, Renewable fuel, Reporting and 
recordkeeping requirements.

Andrew Wheeler,
Administrator.
    For the reasons set forth in the preamble, EPA proposes to amend 40 
CFR part 80 as follows:

PART 80--REGISTRATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart M--RENEWABLE FUEL STANDARD

0
2. Amend Sec.  80.1451 by adding paragraphs (a)(1)(xiv)(E) and (F) to 
read as follows:


Sec.  80.1451   What are the reporting requirements under the RFS 
program?

    (a) * * *
    (1) * * *
    (xiv) * * *
    (E) For obligated parties that meet the requirements for a small 
refinery under Sec.  80.1441(e)(2)(iii), for the 2019 compliance year, 
annual compliance reports must be submitted no later than November 30, 
2021.
    (F) For obligated parties, for the 2020 compliance year, annual 
compliance reports must be submitted no later than January 31, 2022.
* * * * *
0
3. Amend Sec.  80.1464 by adding paragraphs (g)(7), (8) and (9) to read 
as follows:


Sec.  80.1464   What are the attest engagement requirements under the 
RFS program?

    (g) * * *
    (7) For obligated parties that meet the requirements for a small 
refinery under Sec.  80.1441(e)(2)(iii), for the 2019 compliance year, 
reports required under this section must be submitted to the EPA no 
later than June 1, 2022.
    (8) For obligated parties, for the 2020 compliance year, reports 
required under this section must be submitted no later than June 1, 
2022.
    (9) For RIN-generating renewable fuel producers, RIN-generating 
importers of renewable fuel, and other parties owning RINs, for the 
2020 compliance year, reports required under this section shall be 
submitted to the EPA no later than June 1, 2022.
* * * * *
[FR Doc. 2021-00204 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P


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