Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Rules and Regulations 37733 

Air pollution control, Hazardous 

substances, Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: June 24, 2010. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows: 

PART 63—[AMENDED] 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart A—[Amended] 

■ 2. Section 63.6590 is amended by 

revising paragraph (b)(1) to read as 

follows: 

§ 63.6590 What parts of my plant does this 

subpart cover? 

* * * * * 

(b) * * * 

(1) An affected source which meets 

either of the criteria in paragraphs 

(b)(1)(i) through (ii) of this section does 

not have to meet the requirements of 

this subpart and of subpart A of this part 

except for the initial notification 

requirements of § 63.6645(f). 

(i) The stationary RICE is a new or 

reconstructed emergency stationary 

RICE with a site rating of more than 500 

brake HP located at a major source of 

HAP emissions. 

(ii) The stationary RICE is a new or 

reconstructed limited use stationary 

RICE with a site rating of more than 500 

brake HP located at a major source of 

HAP emissions. 

* * * * * 

[FR Doc. 2010–15886 Filed 6–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

brachtl.megan@epa.gov. 

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 gallonRINs 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 

■ 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 


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