Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 25021 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by July 1, 2014. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. 

This action to approve Virginia’s 

regional haze five-year progress report 

SIP revision may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide, Volatile 

organic compounds. 

Dated: April 21, 2014. 

W. C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart VV—Virginia 

■ 2. In § 52.2420, the table in paragraph 

(e) is amended by adding an entry for 

Regional Haze Five-Year Progress 

Report at the end of the table to read as 

follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Regional Haze Five-Year 

Progress Report.

Statewide ............................... 11/8/13 5/2/14 [Insert page number 

where the document begins].

[FR Doc. 2014–10110 Filed 5–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0761; FRL–9909–86– 

Region 8] 

Approval and Promulgation of State 

Implementation Plan Revisions; 

Revisions to the Air Pollution Control 

Rules; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the Governor of North 

Dakota on April 14, 2011. The revisions 

affect North Dakota’s air pollution 

control rules regarding general 

provisions, ambient air quality 

standards (sulfur dioxide (SO2), nitrogen 

dioxide (NOX), and lead), and 

permitting. EPA acted separately on 

other provisions in the April 14, 2011 

submittal related to North Dakota’s 

regulation of greenhouse gases (GHGs) 

under its Prevention of Significant 

Deterioration (PSD) program. This 

action is being taken under section 110 

of the Clean Air Act (the Act or CAA). 

DATES: This final rule is effective June 

2, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2012–0761. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: Gail 

Fallon, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6281, 

Fallon.Gail@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 


TKELLEY on DSK3SPTVN1PROD with RULES
25022 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 

II. Analysis of SIP Revisions 

III. Final Action 

IV. Statutory and Executive Orders Review 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The words or initials Act or CAA mean 

or refer to the Federal Clean Air Act, unless 

the context indicates otherwise. 

(ii) The words EPA, we, us or our mean or 

refer to the United States Environmental 

Protection Agency. 

(iii) The initials GHG mean or refer to 

greenhouse gases. 

(iv) The initials NAAQS mean or refer to 

the National Ambient Air Quality Standards. 

(v) The initials NDAC mean or refer to 

North Dakota Administrative Code. 

(vi) The initials NDDH mean or refer to the 

North Dakota Department of Health. 

(vii) The initials NESHAP mean or refer to 

National Emissions Standards for Hazardous 

Air Pollutants. 

(viii) The initials NOX mean or refer to 

nitrogen oxides. 

(ix) The initials NPR mean or refer to 

notice of proposed rulemaking. 

(x) The initials NSPS mean or refer to New 

Source Performance Standards. 

(xi) The initials NSR mean or refer to New 

Source Review. 

(xii) The initials PM2.5 mean or refer to fine 

particulate matter. 

(xiii) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(xiv) The initials SIP mean or refer to State 

Implementation Plan. 

(xv) The initials SO2 mean or refer to sulfur 

dioxide. 

(xvi) The words State or North Dakota 

mean the State of North Dakota, unless the 

context indicates otherwise. 

I. Background 

On February 25, 2014 (79 FR 10448), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of North 

Dakota. The NPR proposed approval of 

several revised Air Pollution Control 

Rules in the North Dakota SIP. The 

revisions to the State rules became 

effective on April 1, 2011. The formal 

SIP revision was submitted by the State 

of North Dakota on April 14, 2011. The 

SIP revision involves the following 

chapters of the North Dakota 

Administrative Code (NDAC): 33–15– 

01, ‘‘General Provisions,’’ 33–15–02, 

‘‘Ambient Air Quality Standards,’’ and 

33–15–14, ‘‘Designated Air Contaminant 

Sources, Permit to Construct, Minor 

Source Permit to Operate, Title V permit 

to Operate.’’ We previously acted on the 

revisions to NDAC 33–15–15, 

‘‘Prevention of Significant Deterioration 

of Air Quality’’ in the April 14, 2011 

submittal regarding regulation of GHGs 

and fine particulate matter (PM2.5) under 

North Dakota’s PSD program on October 

23, 2012 (77 FR 64734). The revisions 

affect North Dakota’s air pollution 

control rules regarding general 

provisions, ambient air quality 

standards (SO2, NOX, and lead), and 

permitting. More background for today’s 

final rule and our rationale for approval 

are discussed in detail in our proposal 

(see 79 FR 10448, February 25, 2014). 

The comment period for the proposal 

was open for 30 days and ended on 

March 27, 2014. We received no 

comments. Accordingly, we are 

finalizing our actions as proposed. 

II. Analysis of SIP Revisions 

We are approving the April 14, 2011 

submittal for numerous straightforward 

SIP revisions to NDAC Chapters 33–15– 

01, 33–15–02, and 33–15–14. Additional 

revisions to NDAC Chapter 33–15–14 

for the State’s minor source permitting 

program required more in-depth 

analysis regarding the State’s revisions 

to sections 33–15–14–01 and 33–15–14– 

02. The revisions to Chapter 33–15–14 

changed the permitting requirement for 

sources subject to a new source 

performance standard (NSPS) or 

national emission standard for 

hazardous air pollutant (NESHAP). 

Previously, the SIP-approved minor 

source permit rule required any source 

subject to an NSPS or NESHAP to obtain 

a permit from the State regardless of the 

quantity of source emissions. The North 

Dakota Department of Health (NDDH) 

has changed the rule so the permit 

requirement only applies to sources 

subject to a state-adopted NSPS or 

NESHAP. The State made this change to 

avoid the burden of permitting the 

numerous oil and gas facilities that 

became subject to the newly 

promulgated federal NSPS at 40 CFR 

part 60, subpart OOOO (Standards of 

Performance for Crude Oil and Natural 

Gas Production, Transmission and 

Distribution). The effect of these 

revisions is the State, by not adopting 

subpart OOOO into State law (and with 

no intention to adopt it in the future) 

will not have to permit the sources 

subject to subpart OOOO. Instead, the 

State will continue to rely on an existing 

exemption for oil and gas production 

operations at subsection 33–15–14– 

02.13.o and the State’s oil and gas 

registration program at Chapter 33–15– 

20. The sources the State intends to 

continue to exclude from permitting 

include the multitude of small units, 

such as tanks, engines, and other oil and 

gas production related units that would 

have otherwise been subject to the 

State’s minor New Source Review (NSR) 

permit program. State permitting 

requirements aside, national emissions 

standards in any NSPS or NESHAP 

including 40 CFR part 60, subpart 

OOOO still apply to the subject sources. 

The revisions related to NSPS and 

NESHAP permitting result in a 

relaxation of North Dakota’s SIP since 

now a narrower subset of minor sources 

subject to NSPS and NESHAP 

requirements (only those sources subject 

to NSPS and NESHAP requirements that 

are adopted by the State) are subject to 

permitting. In the analysis in our 

proposal, EPA acknowledged that North 

Dakota approached this current SIP 

revision in a prospective manner, 

revising its rules prior to EPA issuing 

the subpart OOOO requirements. 

However, EPA continues to work 

actively with North Dakota to ensure the 

stringency of North Dakota’s minor NSR 

permit program is maintained and meets 

all applicable requirements with respect 

to oil and gas operations in the State. 

CAA section 110(l) requires a 

demonstration that a SIP revision does 

not interfere with any requirement 

concerning attainment and that a 

relaxation is sufficiently protective of 

air quality and other CAA requirements 

in order for EPA to approve the 

relaxation. EPA conducted such a 

demonstration for the permitting rule 

revision in the April 2011 submittal 

finding the revisions are not presently 

interfering with the State’s SIP control 

strategy or causing national ambient air 

quality standards (NAAQS) violations in 

North Dakota. Our demonstration is 

included in the docket for this action. 

III. Final Action 

EPA is approving revisions to the 

North Dakota SIP that the Governor of 

North Dakota submitted with a letter 

dated April 14, 2011 and that were 

State-effective April 1, 2011. 

Specifically, EPA is approving North 

Dakota’s revisions to the following 

portions of the North Dakota 

Administrative Code: Chapter 33–15– 

01, ‘‘General Provisions,’’ section 33– 

15–01–04.52, Chapter 33–15–02, 

‘‘Ambient Air Quality Standards,’’ 

sections 33–15–02–04.1, 33–15–02– 

07.1, 33–15–02–07.2, 33–15–02–07.3, 

33–15–02–07.4, and section 33–15–02, 

Tables 1 and 2. EPA is approving 

Chapter 33–15–14, ‘‘Designated Air 

Contaminant Sources, Permit to 

Construct, Minor Source Permit to 

Operate, Title V Permit to Operate,’’ 

sections 33–15–14–01.9, 33–15–14– 

01.10, 33–15–14–01.12, 33–15–14– 

01.15, 33–15–14–02.1, 33–15–14–02.13, 

33–15–14–02.13.o, and 33–15–14–03.1c. 

EPA will continue discussions with the 

State to clarify and strengthen the 

State’s current minor source permit 

program as it relates to oil and gas 

production facilities. Our proposed 

action provides a description of these 

revisions. See 79 FR 10448, February 25, 


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Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 25023 

2014. EPA acted previously on the 

revisions to Chapter 33–15–15, 

‘‘Prevention of Significant Deterioration 

of Air Quality,’’ that were also included 

in the April 14, 2011 submittal. See 77 

FR 64734, October 23, 2012. 

IV. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations 

(42 USC 7410(k), 40 CFR 52.02(a)). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

addition, this rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

state, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 1, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: April 9, 2014. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart JJ—North Dakota 

■ 2. Section 52.1820, the table in 

paragraph (c) is amended as follows: 

■ a. By revising the table entries for 

‘‘33–15–01–04’’, ‘‘33–15–02–04’’, ‘‘33– 

15–02–07’’, and ‘‘33–15–02, Table 1’’; 

■ b. By removing the table entry for 

‘‘33–15–02–07.3, 33–15–02–07.4, and 

33–15–02, Table 2’’; 

■ c. By adding the table entry for ‘‘33– 

15–02, Table 2’’ in numerical order; 

■ d. By revising the table entries for 

‘‘33–15–14–01’’ and ‘‘33–15–14–02’’; 

■ e. By adding the table entries for ‘‘33– 

15–14–02.1’’, and ‘‘33–15–14–02.13 and 

Subsection o.’’ in numerical order; and 

■ f. By revising the table entries for ‘‘33– 

15–14–03’’ and ‘‘33–15–14–03.1.c’’. 

The revisions and additions read as 

follows: 

§ 52.1820 Identification of plan. 

* * * * * 

(c) * * * 

State citation Title/subject State effective 

date 

EPA approval date 

and citation 1 Explanations 

*******

33–15–01–04 .......................... Definitions .............................. 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].


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25024 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 

State citation Title/subject State effective 

date 

EPA approval date 

and citation 1 Explanations 

*******

33–15–02–04 .......................... Ambient air quality standards 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

33–15–02–07 .......................... Concentrations of air contaminants in the ambient air restricted.4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

33–15–02, Table 1 .................. Ambient Air Quality Standards.4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

33–15–02, Table 2 .................. National Ambient Air Quality 

Standards.

4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

*******

33–15–14–01 .......................... Designated air contaminant 

sources.

4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

*******

33–15–14–02 .......................... Permit to construct ................. 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

Excluding subsections 1, 12, 

13, 3.c, 13.b.1, 5, 13.c, 

13.i(5), 13.o, and 19 (one 

sentence) which were subsequently revised and approved. See below. See 

additional interpretive materials cited in 57 FR 28619, 

6/26/92, regarding the 

State’s commitment to 

meet the requirements of 

EPA’s ‘‘Guideline on Air 

Quality Models (Revised).’’ 

33–15–14–02.1 ....................... Permit to construct required .. 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

*******

33–15–14–02.13 and Subsection o.Exemptions ............................ 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

*******

33–15–14–03 .......................... Minor source permit to operate.4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

Excluding subsections 10, 

1.c, 4, 5.a(1)(d), 11, and 16 

(one sentence) which were 

subsequently revised and 

approved. See below. Also 

see 40 CFR 52.1834 

*******

33–15–14–03.1.c .................... Permit to operate required ..... 4/1/11 5/2/14, [Insert Federal Register page number where 

the document begins.].

*******

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 25025 

* * * * * 

[FR Doc. 2014–09855 Filed 5–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2012–0546; FRL–9910–18– 

OAR] 

RIN 2060–AS21 

Regulation of Fuels and Fuel 

Additives: 2013 Cellulosic Biofuel 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to revise the 2013 cellulosic 

biofuel standard published on August 

15, 2013. This action follows from EPA 

having granted two petitioners’ requests 

for reconsideration of the 2013 

cellulosic biofuel standard. EPA granted 

reconsideration because one of the two 

companies that EPA expected to 

produce cellulosic biofuel in 2013 

announced soon after EPA signed its 

final rule that it intended to produce 

substantially lower volumes of 

cellulosic biofuel in 2013 than it had 

earlier reported to EPA. Since the 

cellulosic biofuel standard was based on 

EPA’s projection of cellulosic biofuel 

production in 2013, EPA deemed this 

new information to be of central 

relevance to the rule, warranting 

reconsideration. On reconsideration, 

EPA is directed to base the standard on 

the lower of ‘‘projected’’ production of 

cellulosic fuel in 2013 or the cellulosic 

biofuel applicable volume set forth in 

the statute. Since data are available to 

show actual production volumes for 

2013, EPA’s ‘‘projection’’ and final rule 

are based on actual cellulosic biofuel 

production in 2013. This action only 

affects the 2013 cellulosic biofuel 

standard; all other RFS standards 

remain unchanged. EPA is finalizing a 

revised cellulosic biofuel standard of 

0.0005% for 2013. 

DATES: This rule is effective on July 1, 

2014 without further notice, unless EPA 

receives relevant adverse comment by 

June 2, 2014. If EPA receives relevant 

adverse comment, we will publish a 

timely withdrawal of this direct final 

rule in the Federal Register informing 

the public that this rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–00546, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-r-docket@epa.gov. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West Building, Room 3334, 1301 

Constitution Ave. 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–2012– 

0546. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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. 

For additional instructions on 

submitting comments, go to Section I.B 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket and 

Information Center, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC. The 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 Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: Julia 

MacAllister, Office of Transportation 

and Air Quality, Assessment and 

Standards Division, Environmental 

Protection Agency, 2000 Traverwood 

Drive, Ann Arbor, MI 48105; Telephone 

number: 734–214–4131; Fax number: 

734–214–4816; Email address: 

macallister.julia@epa.gov, or the public 

information line for the Office of 

Transportation and Air Quality; 

telephone number (734) 214–4333; 

Email address OTAQ@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action. This 

action amends the 2013 cellulosic 

biofuel standard that was finalized in 

‘‘Regulation of Fuels and Fuel 

Additives: 2013 Renewable Fuel 

Standards; Final Rule,’’ (August 15, 

2013; 78 FR 49794). Finalizing this 

adjusted 2013 cellulosic biofuel 

standard expeditiously will reduce 

regulatory uncertainty and avoid 

unnecessary cost or burden for obligated 

parties. Until this adjusted cellulosic 

biofuel standard is finalized, obligated 

parties will have to comply with the 

current and significantly higher 2013 

cellulosic biofuel standard. This would 

likely involve a substantial purchase of 

cellulosic waiver credits, which EPA 

would subsequently need to reimburse. 

This action follows from EPA having 

granted, on January 23, 2014, requests 

for reconsideration of the 2013 

cellulosic biofuel standard submitted by 

the American Petroleum Institute and 

the American Fuel & Petrochemical 

Manufacturers. In granting 

reconsideration, EPA determined that 

petitioners had met the statutory criteria 

of section 307(d)(7)(B) of the Clean Air 

Act, since petitioners had identified 


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