Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 26049 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2005–0161; FRL–9147–7] 

RIN 2060–AQ31 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

certain of the Renewable Fuel Standard 

program regulations published on 

March 26, 2010, that are scheduled to 

take effect on July 1, 2010 (the ‘‘RFS2 

regulations’’). Following publication of 

the RFS2 regulations, promulgated in 

response to the requirements of the 

Energy Independence and Security Act 

of 2007, EPA discovered some technical 

errors and areas within the final RFS2 

regulations that could benefit from 

clarification or modification. This 

proposed rule would amend the RFS2 

regulations to make the appropriate 

corrections, clarifications, and 

modifications. 

DATES: Written comments must be 

received by June 9, 2010. A request for 

a public hearing must be received by 

May 25, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0161, by mail to Air and 

Radiation Docket, Docket No. EPA–HQ– 

OAR–2005–0161, Environmental 

Protection Agency, Mail Code: 6406J, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460. Please include a 

total of 2 copies. Comments may also be 

submitted electronically or through 

hand delivery/courier by following the 

detailed instructions in the ADDRESSES

section of the direct final rule located in 

the rules section this Federal Register. 

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., 20460; telephone number: (202) 

343–9473; fax number: (202) 343–2802; 

e-mail address: brachtl.megan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA issuing this proposed 

rule? 

This document proposes to amend the 

Renewable Fuel Standard program 

regulations that were published on 

March 26, 2010, at 75 FR 14670 (the 

‘‘RFS2 regulations’’). We have published 

a direct final rule which amends the 

Renewable Fuel Standard program 

requirements in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment or 

request for public hearing, we will not 

take further action on this proposed 

rule. If we receive adverse comment or 

a request for public hearing on a distinct 

provision of this rulemaking, we will 

publish a timely withdrawal in the 

Federal Register indicating which 

provisions we are withdrawing, and 

those provisions will not take effect. 

The provisions that are not withdrawn 

will become effective on the date set out 

in the direct final rule, notwithstanding 

adverse comment or a request for 

hearing on any other provision. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

II. Does this action apply to me? 

Entities potentially affected by this 

action include those involved with the 

production, distribution and sale of 

transportation fuels, including gasoline 

and diesel fuel, or renewable fuels such 

as ethanol and biodiesel. Regulated 

categories and entities affected by this 

action include: 

Category NAICS 

codes a

SIC 

codes b

Examples of 

potentially 

regulated 

parties 

Industry ........................................................................................... 324110 2911 Petroleum refiners, importers. 

Industry ........................................................................................... 325193 2869 Ethyl alcohol manufacturers. 

Industry ........................................................................................... 325199 2869 Other basic organic chemical manufacturers. 

Industry ........................................................................................... 424690 5169 Chemical and allied products merchant wholesalers. 

Industry ........................................................................................... 424710 5171 Petroleum bulk stations and terminals. 

Industry ........................................................................................... 424720 5172 Petroleum and petroleum products merchant wholesalers. 

Industry ........................................................................................... 454319 5989 Other fuel dealers. 

a North American Industry Classification System (NAICS). 

bStandard Industrial Classification (SIC) system code. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA is now 

aware could be potentially regulated by 

this action. Other types of entities not 

listed in the table could also be 

regulated. To determine whether your 

entity is regulated by this action, you 

should carefully examine the 

applicability criteria of part 80, subparts 

D, E and F of title 40 of the Code of 

Federal Regulations. If you have any 

questions regarding applicability of this 

action to a particular entity, consult the 

person in the preceding FOR FURTHER

INFORMATION CONTACT section above. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

B. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

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26050 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information 

and/or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

C. Docket Copying Costs. You may be 

charged a reasonable fee for 

photocopying docket materials, as 

provided in 40 CFR part 2. 

IV. Renewable Fuel Standard (RFS2) 

Program Amendments 

EPA is proposing to amend certain of 

the Renewable Fuel Standard 

regulations published on March 26, 

2010, at 75 FR 14670 (the ‘‘RFS2 

regulations’’) that are scheduled to take 

effect on July 1, 2010. Following 

publication of the RFS2 regulations, 

EPA discovered some technical errors 

and areas that could benefit from 

clarification or modification. As a result, 

we are proposing to make the following 

amendments to the RFS2 regulations at 

40 CFR part 80, subpart M. 

A. Summary of Amendments 

Many of the amendments that we are 

proposing to amend would address 

grammatical or typographical errors or 

provide clarification of language 

contained in the final RFS2 regulations. 

As such, these items are listed in the 

‘‘RFS2 Program Amendments’’ table, 

which can be found in the direct final 

rule that we have published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. A few amendments 

are being proposed in order to correct 

regulatory language that inadvertently 

misrepresented our intent as reflected in 

the preamble to the final RFS2 

regulations. We have provided 

additional explanation for several of 

these proposed amendments in the 

sections IV.B through IV.M below. For 

additional information and the text of 

the proposed regulatory changes, see the 

direct final rule which is located in the 

Rules section of this Federal Register. 

B. Advanced Technologies for 

Renewable Fuel Pathways 

The final RFS2 rule includes two corn 

ethanol pathways in Table 1 of 

§ 80.1426 that require the use of 

advanced technologies at the production 

facility as a prerequisite to the 

generation of RINs. The advanced 

technologies are listed in Table 2 of 

§ 80.1426. However, only three of these 

advanced technologies are explicitly 

defined in § 80.1401. To clarify our 

intent with regard to implementation of 

these advanced technologies, we are 

proposing to create new definitions for 

membrane separation and raw starch 

hydrolysis. We are also proposing to 

replace the existing definition of 

‘‘fractionation of feedstocks’’ with a 

definition for ‘‘corn oil fractionation’’ to 

be more consistent with the terminology 

used in Table 2 of § 80.1426. Finally, we 

propose to modify the definition of 

‘‘combined heat and power (CHP)’’ and 

clarify in Table 2 of § 80.1426 the degree 

to which it, as well as the other 

advanced technologies, must be 

implemented in order to represent a 

valid advanced technology for the 

generation of RINs. 

C. Baseline Production Volume for All 

Renewable Fuel Production Facilities 

Section 80.1450(b)(1)(v) currently 

requires information pertinent to 

facilities described in § 80.1403(c) and 

(d), i.e., those facilities for which the 

renewable fuel would be exempted 

(‘‘grandfathered’’) from the requirement 

of 20 percent GHG emission reduction. 

We propose to modify § 80.1450(b)(1)(v) 

to require all renewable fuel producers 

to include information on their 

facilities’ baseline volume when 

registering for RFS2 in order for EPA to 

verify renewable fuel production 

volumes and RIN generation reports. 

Specifically, all owners and operators of 

renewable fuel facilities, including 

those described in § 80.1403(c) and (d), 

would be required to submit copies of 

their most recent air permits. In 

addition, the facilities described in 

§ 80.1403(c) would be required to 

submit copies of air permits issued no 

later than December 19, 2007; those 

described in § 80.1403(d) would be 

required to submit copies of air permits 

issued no later than December 31, 2009. 

Thus, for those facilities we would have 

information on permitted capacity for 

2007 and 2009 from which baseline 

volumes would be determined. We 

would also have the most recent 

permitted capacity for those facilities. In 

case of discrepancies in permitted 

capacity between the most recent 

permits and those representing 

operation in 2007 and 2009, EPA would 

be able to ask for additional 

information. The information required 

to establish when construction of the 

grandfathered facilities commenced 

would be contained in § 80.1450(b)(vi), 

since § 80.1450(b)(v) would address 

only baseline volume. 

D. Foreign Ethanol Producers 

We propose to add a new definition 

of ‘‘foreign ethanol producer’’ to 

§ 80.1401 that describes foreign 

producers that produce ethanol for use 

in transportation fuel, heating oil or jet 

fuel but who do not add denaturant to 

their product, and therefore do not 

technically produce ‘‘renewable fuel’’ as 

defined in our regulations. We also 

propose to add amendments to the 

registration provisions at § 80.1450(b) to 

require the registration of these parties 

if the ethanol they produce is used to 

make renewable fuel for which RINs are 

ultimately generated. The result of these 

changes would be to require foreign 

ethanol facilities that produce ethanol 

that ultimately becomes part of a 

renewable fuel for which RINs are 

generated to provide EPA the same 

registration information as foreign 

renewable fuel facilities that export 

their product to the United States. In 

both cases the proposed registration 

information is important for 

enforcement purposes, including 

verifying the use of renewable biomass 

as feedstock and the assignment of 

appropriate D codes. The changes 

proposed today conform the regulations 

to EPA’s intent at the time the RFS2 

regulations were issued. 

E. Permitted Capacity 

EPA is proposing to modify the 

definition of ‘‘permitted capacity’’ to 

reference the specific permits, by year, 

which are to be used in establishing the 

permitted capacity of facilities claiming 

the exemptions specified in § 80.1403(c) 

and (d). Permitted capacity is one means 

by which ‘‘baseline volume’’ is 

determined for purposes of these 

exemptions. The registration provisions 

in the existing regulations at 

§ 80.1450(b)(1)(v)(C) accurately identify 

the permits (by year) that are relevant in 

establishing ‘‘permitted capacity’’ for 

facilities claiming the exemptions in 

§ 80.1403(c) and (d), but EPA neglected 

to include comparable references in the 

existing definition of ‘‘permitted 

capacity.’’ Today’s proposed 

amendments would help to clarify the 

regulations by adding comparable 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 26051 

references in the definition of 

‘‘permitted capacity.’’ 

F. Definition for ‘‘Naphtha’’ 

The final RFS2 rule includes the term 

naphtha in Table 1 to § 80.1426 in the 

form of both ‘‘naphtha’’ and ‘‘cellulosic 

naphtha.’’ The final rule also includes a 

definition of naphtha in § 80.1401 

indicating that naphtha must be a 

renewable fuel or fuel blending 

component. Since naphtha is generally 

not used as transportation fuel in its 

neat form, requiring naphtha to be 

renewable fuel could cause confusion. 

Therefore, we are proposing to modify 

the definition of naphtha to indicate 

that it must be a blendstock or fuel 

blending component. 

G. Grandfathering Exemption for 

Renewable Fuel Production Facilities 

Section 80.1403(c)(2) requires as a 

condition of the exemption from the 20 

percent greenhouse gas (GHG) emission 

reduction that construction of the 

renewable fuel facility be completed 

within 36 months of commencement. In 

the proposed RFS2 rule, however, the 

regulatory language required completion 

of construction within 36 months of 

EISA enactment, which would be 

December 19, 2010. In preparing the 

final rulemaking package we mistakenly 

removed the proposed language. 

Today’s proposed amendments provide 

that construction must be completed 

within 36 months of December 19, 2007, 

for facilities that commenced 

construction prior to that date. For 

facilities that commenced construction 

after that date, as described in 

§ 80.1403(d), the requirement would 

remain that construction must be 

completed within three years of 

commencement of construction. 

H. Use of RFS1 RINs for RFS2 

Compliance in 2010 

The RFS2 final rule allows RFS1 RINs 

to be used for compliance purposes 

under RFS2. With regard to biodiesel 

and renewable diesel, the regulations at 

§ 80.1427(a)(4)(i) indicate that RFS1 

RINs with a D code of 2 and RR code 

of 15 or 17 may be deemed equivalent 

to an RFS2 RIN with a D code of 4 

representing biomass-based diesel. The 

RR codes of 15 and 17 were included in 

this provision because they are 

indicative of biodiesel and renewable 

diesel, respectively, as described in the 

assignment of Equivalence Values in 

§ 80.1415. However, EPA also approved 

an Equivalence Value of 1.6 for a 

particular renewable fuel diesel 

substitute that is compositionally 

similar to biodiesel. Therefore, we are 

proposing to modify the RFS1/RFS2 

transition provisions at § 80.1427(a)(4)(i) 

to also allow RFS1 RINs with a D code 

of 2 and RR code of 16 to be deemed 

equivalent to an RFS2 RIN with a D 

code of 4. 

I. Engineering Review 

We propose to amend 

§ 80.1450(b)(2)(i)(A) and 

§ 80.1450(b)(2)(i)(B) to clarify the types 

of professional engineers who may 

qualify to conduct the third-party 

engineering review for renewable fuel 

facilities located in the United States or 

in a foreign country. The original 

requirements in the final regulations in 

§ 80.1450(b)(2)(i)(A) state that domestic 

renewable fuel production facilities 

must have an engineering review 

conducted by a ‘‘Professional Chemical 

Engineer.’’ For foreign facilities, 

§ 80.1450(b)(2)(i)(B) provides that the 

review should be conducted by ‘‘a 

licensed professional engineer or foreign 

equivalent who works in the chemical 

engineering field.’’ EPA interprets these 

provisions similarly but is proposing to 

amend the regulations to clarify that the 

requirements are the same. For both 

domestic and foreign facilities the third 

party engineering review would be 

conducted by a professional engineer (or 

foreign equivalent) who works in the 

chemical engineering field. EPA views 

renewable fuel production to fall 

generally within the chemical 

engineering field, and is proposing to 

amend the regulations to clarify that 

professional work experience related to 

renewable fuel production will satisfy 

this requirement. As required in 

§ 80.1450(b)(2)(ii)(E), the professional 

engineer would provide to EPA 

documentation of their qualifications to 

conduct the engineering review, 

including but not limited to proof of a 

license as a professional engineer and 

relevant work experience. Additional 

language is proposed to clarify that the 

professional engineer must also be an 

independent third-party, which would 

be further defined in § 80.1450(b)(2)(ii), 

to qualify to conduct the engineering 

review. 

J. Process Heat Fuel Supply Plan 

We are proposing to move the 

requirements for the process heat fuel 

supply plan from § 80.1450(b)(3) and to 

insert them under § 80.1450(b)(1)(iv) to 

minimize duplicative requirements and 

to provide clear instruction that the 

process heat fuel supply plan is 

required to be submitted as part of 

registration and is subject to verification 

in the engineer review required in 

§ 80.1450(b)(2). 

The requirements for the process heat 

fuel supply plan would be divided into 

two subparts in these proposed 

amendments. Section 

80.1450(b)(1)(iv)(A) would be applicable 

to all renewable fuel producers and 

require submissions of information on 

any process heat fuel that is used at a 

renewable fuel facility. Examples of 

process heat fuel include biomass, 

biogas, coal, and natural gas. The 

information proposed to be submitted 

on the type of process heat fuel and its 

supply source would help EPA 

determine if a renewable fuel facility 

qualifies as a grandfathered facility 

pursuant to § 80.1403(d) and help verify 

a producer’s fuel pathway pursuant to 

Table 1 to § 80.1426. 

The information proposed to be 

submitted under § 80.1450(b)(1)(iv)(B) 

for renewable fuel producers using 

biogas as process heat fuel would help 

EPA verify the contractual pathway of 

the biogas from the supplier to the 

renewable fuel facility for the purposes 

of confirming the applicable fuel 

pathway pursuant to Table 1 to 

§ 80.1426 and to § 80.1426(f)(12). 

The information proposed to be 

submitted under § 80.1450(b)(1)(iv)(A) 

and (b)(1)(iv)(B) would also help EPA in 

our evaluation of the engineering review 

that is conducted and submitted by an 

independent third party engineer 

pursuant to § 80.1450(b)(2). Since the 

requirements for the process heat fuel 

supply plan would be revised and 

relocated within the regulations under 

the proposed amendments, the 

requirements stipulated in the original 

§ 80.1450(b)(3)(ii) through (iv) would be 

deleted to avoid redundancy. 

K. Updating Registration To Account for 

Facility Changes Not Affecting the 

Renewable Fuel Category 

Section 80.1450(d)(2) currently 

requires producers of renewable fuel to 

update their facility registration seven 

(7) days prior to any change to the 

facility that does not affect the 

renewable fuel category for which the 

producer is registered. EPA is proposing 

to revise § 80.1450(d)(2) to narrow the 

scope of changes that would require a 

producer to update their registration. 

The revisions would clarify that not just 

any change, but only changes to the 

facility that actually affect the 

information submitted to EPA in the 

producer’s original registration, would 

trigger such a registration update. 

L. Applicability of the Renewable 

Biomass Aggregate Compliance 

Approach 

Sections 80.1451 and 80.1454 include 

requirements for renewable fuel 

producers to report and maintain 

records to affirm that their feedstocks 

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meet the definition of renewable 

biomass and come from qualifying land. 

Through proposed amendments to these 

two sections, EPA would clarify our 

intent, as discussed in the preamble to 

the final RFS2 regulations, that 

producers, either domestic or foreign, 

who use crops and crop residue from 

existing U.S. agricultural land be 

covered by the renewable biomass 

aggregate compliance approach for those 

particular feedstocks, as described in 

§ 80.1454(g), and need not keep detailed 

records or report to EPA concerning 

whether those particular feedstocks 

meet the definition of renewable 

biomass. However, if a producer 

(domestic or foreign) uses any type of 

feedstock other than crops and crop 

residue from existing U.S. agricultural 

land, then he or she must keep records 

and report to EPA to demonstrate that 

their feedstocks meet the definition of 

renewable biomass. This would include 

maintaining records that show that the 

feedstock type is one allowed under the 

renewable biomass definition under the 

RFS2 regulations and that the feedstock 

is harvested from qualifying lands, 

where applicable. 

M. Additional Recordkeeping 

Requirements for Renewable Fuel 

Producers Using Separated Yard and 

Food Waste as a Feedstock 

Section 80.1454(d)(3) currently 

requires that domestic renewable fuel 

producers using feedstock other than 

planted trees or tree residue from 

actively managed tree plantations, slash 

or pre-commercial thinnings from nonfederal forestland, biomass from areas at 

risk of wildfire, crops or crop residue 

covered by the aggregate compliance 

approach under § 80.1454(g), or any 

feedstock covered by an alternative 

biomass tracking approach under 

§ 80.1454(h) must maintain documents 

from their feedstock supplier certifying 

that their feedstocks meet the definition 

of renewable biomass. While separated 

yard and food waste falls into this 

category, parties using these feedstocks 

are also subject to the additional 

recordkeeping requirements in 

§ 80.1454(j). Therefore, EPA is 

proposing to revise § 80.1454(d)(3) to 

clarify that renewable fuel producers 

that use separated yard and food waste 

as a feedstock are subject to the 

additional requirements in § 80.1454(j). 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866, (58 FR 

51735 (October 4, 1993)) the Agency 

must determine whether the regulatory 

action is ‘‘significant’’ and therefore 

subject to OMB review and the 

requirements of the Executive Order. 

The Order defines ‘‘significant 

regulatory action’’ as one that is likely to 

result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

It has been determined that this action 

is not a ‘‘significant regulatory action’’ 

under the terms of Executive Order 

12866 and is therefore not subject to 

OMB review. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. The 

corrections, clarifications, and 

modifications to the final RFS2 

regulations contained in this rule are 

within the scope of the information 

collection requirements submitted to the 

Office of Management and Budget 

(OMB) for the final RFS2 regulations. 

OMB has partially approved the 

information collection requirements 

contained in the existing regulations at 

40 CFR part 80, subpart M under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0637. The remaining RFS2 information 

collection requirements are currently 

pending approval at OMB (EPA ICR No. 

2333.02). The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this action on small entities, 

I certify that this proposal will not have 

a significant economic impact on a 

substantial number of small entities. 

This proposal will not impose any 

requirements on small entities that were 

not already considered under the final 

RFS2 regulations, as it makes relatively 

minor corrections and modifications to 

those regulations. We continue to be 

interested in the potential impacts of the 

proposed rule on small entities and 

welcome comments on issues related to 

such impacts. 

D. Unfunded Mandates Reform Act 

This proposal does not contain a 

Federal mandate that may result in 

expenditures of $100 million or more 

for State, local, and tribal governments, 

in the aggregate, or the private sector in 

any one year. We have determined that 

this action will not result in 

expenditures of $100 million or more 

for the above parties and thus, this rule 

is not subject to the requirements of 

sections 202 or 205 of UMRA. 

This proposal is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. It 

only applies to gasoline, diesel, and 

renewable fuel producers, importers, 

distributors and marketers and makes 

relatively minor corrections and 

modifications to the RFS2 regulations. 

E. Executive Order 13132 (Federalism) 

This 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, as specified in 

Executive Order 13132. This action only 

applies to gasoline, diesel, and 

renewable fuel producers, importers, 

distributors and marketers and makes 

relatively minor corrections and 

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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules 26053 

modifications to the RFS2 regulations. 

Thus, Executive Order 13132 does not 

apply to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This proposal does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It applies to gasoline, diesel, and 

renewable fuel producers, importers, 

distributors and marketers. This action 

makes relatively minor corrections and 

modifications to the RFS regulations, 

and does not impose any enforceable 

duties on communities of Indian tribal 

governments. Thus, Executive Order 

13175 does not apply to this action. 

Nonetheless, EPA specifically solicits 

additional comment on this proposed 

action from tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it does not establish 

an environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposal is not subject to 

Executive Order 13211 (66 FR 18355 

(May 22, 2001)), because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposal will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. These proposed 

amendments would not relax the 

control measures on sources regulated 

by the RFS regulations and therefore 

would not cause emissions increases 

from these sources. 

List of Subjects in 40 CFR Part 80 

Environmental protection, 

Administrative practice and procedure, 

Agriculture, Air pollution control, 

Confidential business information, 

Diesel Fuel, Energy, Forest and forest 

products, Fuel additives, Gasoline, 

Imports, Motor vehicle pollution, 

Penalties, Petroleum, Reporting and 

recordkeeping requirements. 

Dated: April 30, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–10854 Filed 5–7–10; 8:45 am] 

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