Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46353 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of August 

8, 2014. EPA will submit a report 

containing this rule 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. This correction to 

40 CFR 52.2420 for Virginia is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Dated: July 10, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

For the reasons stated in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for 40 CFR 

part 52 continues to read as follows: 

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

Subpart VV—Virginia 

■ 2. Section 52.2420 is amended by 

adding, in numerical order, an entry for 

Section 10.1–1302 under the heading 

‘‘Code of Virginia’’ in the table in 

paragraph (c) to read as follows: 

§ 52.2420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

[former SIP citation] 

*******

Code of Virginia 

Section 10.1–1302 ......... Qualifications of members of Boards ................... 7/1/08 10/11/11, 76 FR 62635 Section added. 

* * * * * * * 

* * * * * 

[FR Doc. 2014–18639 Filed 8–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2014–0575; FRL 9914–88– 

OAR] 

RIN 2060–AS29 

Regulation of Fuels and Fuel 

Additives: Extension of Compliance 

and Attest Engagement Reporting 

Deadlines for 2013 Renewable Fuel 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to extend two reporting deadlines 

for the 2013 compliance period under 

the Renewable Fuel Standard (RFS) 

program. This action specifically affects 

the annual compliance and attest 

engagement reporting requirement 

deadlines for regulated parties. The 

annual compliance reports and attest 

engagement reports for the 2013 RFS 

compliance period will not be due until 

30 days and 90 days, respectively, 

following publication of the final rule 

establishing the 2014 renewable fuel 

percentage standards for cellulosic 

biofuel, biomass-based diesel, advanced 

biofuel and total renewable fuel in the 

Federal Register. This action ensures 

timely amendment of existing 

deadlines, before compliance 

obligations would otherwise go into 

effect. 

DATES: This rule is effective on 

September 29, 2014 without further 

notice, unless the EPA receives adverse 

comment by September 15, 2014. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal notice in 

the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2014–0575, 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–2014– 

0575. The 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 the 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 the EPA without 


wreier-aviles on DSK5TPTVN1PROD with RULES
46354 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

1 78 FR 71732 (November 29, 2013). 

2 78 FR 49794, 49800 (August 15, 2013). 

3 79 FR 34242 (June 16, 2014). 

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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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 the EPA’s public 

docket visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm. 

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 the EPA using a direct final 

rule? 

The EPA is publishing this rule 

without a prior proposed rule because 

we view this as a noncontroversial 

action and anticipate no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, we are publishing a separate 

document that will serve as the 

proposed rule to extend certain 

reporting requirement deadlines for the 

2013 RFS compliance period if adverse 

comments are received on this direct 

final rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that this direct final rule will not 

take effect. We would address all public 

comments in a subsequent final rule 

based on the proposed rule. 

II. Does this action apply to me? 

Entities potentially affected by this 

direct final rule are those involved with 

the production, distribution, and sale of 

transportation fuels, including gasoline 

and diesel fuel or renewable fuels such 

as ethanol and biodiesel. Potentially 

regulated categories include: 

Category NAICS1 Codes SIC 2 Codes Examples of potentially regulated entities 

Industry .......................................... 324110 2911 Petroleum Refineries. 

Industry .......................................... 325193 2869 Ethyl alcohol manufacturing. 

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

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. 

1 North American Industry Classification System (NAICS). 

2Standard 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 the 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 

activities would be regulated by this 

action, you should carefully examine 

the applicability criteria in 40 CFR part 

80. If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding section. 

III. Background and Purpose 

The EPA is today taking action to 

amend existing regulatory deadlines for 

regulated parties under the RFS program 

regarding the submission of annual 

compliance reports and attest 

engagement reports for the 2013 RFS 

compliance period. 

We received comments on our 

November 29, 2013 proposed 

rulemaking to establish the 2014 

renewable fuel percentage standards for 

cellulosic biofuel, biomass-based diesel, 

advanced biofuel and total renewable 

fuel 1 reiterating the importance to 

obligated parties of knowing their RFS 

obligations for the 2014 RFS compliance 

period prior to the compliance 

demonstration deadline for the 2013 

RFS compliance period. The EPA 

recognized the value of this timing to 

obligated parties in the 2013 RFS final 

rule, and for that reason delayed the 

normally applicable February 28 

compliance demonstration deadline to 

June 30, 2014 for the 2013 RFS 

compliance period.2 We reasoned at that 

time that an extension to June 30, 2014 

would be sufficient in light of the 

expected date of issuance of the final 

rule establishing the 2014 renewable 

fuel percentage standards for cellulosic 

biofuel, biomass-based diesel, advanced 

biofuel and total renewable fuel. 

Because the 2014 renewable fuel 

standards were not final at the time the 

annual compliance reports for the 2013 

RFS compliance period were coming 

due, we further extended this reporting 

deadline until September 30, 2014 (as 

well as the associated deadline for attest 

engagement reports until January 30, 

2015).3 However, in light of the further 

delay in issuing the final rule 

establishing the 2014 renewable fuel 


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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 46355 

percentage standards for cellulosic 

biofuel, biomass-based diesel, advanced 

biofuel and total renewable fuel, we are 

issuing this direct final rule (with a 

parallel proposal in the event that we 

receive adverse comments) providing an 

additional extension of the annual 

compliance and attest engagement 

reporting deadlines for the 2013 RFS 

compliance period. Regulated parties 

will not have to submit annual 

compliance reports and attest 

engagement reports for the 2013 RFS 

compliance period until 30 days and 90 

days, respectively, following 

publication of the final rule establishing 

the 2014 renewable fuel percentage 

standards for cellulosic biofuel, 

biomass-based diesel, advanced biofuel 

and total renewable fuel in the Federal 

Register. 

IV. Statutory and Executive Order 

Reviews 

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’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

There are no new information 

collection requirements associated with 

this rulemaking. The extension of the 

existing regulatory deadlines for 

regulated parties under the RFS program 

imposes no new or different reporting 

requirements on regulated parties. The 

existing information collection requests 

(ICR) that apply to the RFS program are 

sufficient to address the reporting 

requirements in the regulations. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for the 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 Procedures 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 this 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 today’s rule on small entities, 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

This rule amends the existing regulatory 

deadlines for regulated parties under the 

RFS program to submit reports 

demonstrating their compliance with 

the 2013 RFS standards, and to submit 

corresponding attest engagement 

reports. This action ensures timely 

amendment of existing deadlines, before 

compliance obligations would otherwise 

go into effect. The impacts of the RFS 

program on small entities were already 

addressed in the RFS2 final rule 

promulgated on March 26, 2010 (75 FR 

14670), and this rule will not impose 

any additional requirements on small 

entities beyond those already analyzed. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. 

Therefore, this action is not subject to 

the requirements of sections 202 or 205 

of the UMRA. 

This action 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. This 

rule only applies to gasoline, diesel, and 

renewable fuel producers, importers, 

distributors and marketers and merely 

extends the otherwise applicable 

reporting deadlines. 

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 

amends the existing regulatory 

deadlines for regulated parties under the 

RFS program to submit reports 

demonstrating their compliance with 

the 2013 RFS standards, and to submit 

corresponding attest engagement 

reports. The new deadlines only apply 

to gasoline, diesel, and renewable fuel 

producers, importers, distributors and 

marketers. Thus, Executive Order 13132 

does not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule will be implemented at 

the Federal level and affects 

transportation fuel refiners, blenders, 

marketers, distributors, importers, 

exporters, and renewable fuel producers 

and importers. Tribal governments will 

be affected only to the extent they 

purchase and use regulated fuels. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The 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 and 

because it implements specific 

standards established by Congress in 

statutes (section 211(o) of the Clean Air 

Act). 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355 (May 22, 2001)) because it is 

not likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy. This action simply amends 

certain reporting deadlines for regulated 

parties under the RFS program. 

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) 


wreier-aviles on DSK5TPTVN1PROD with RULES
46356 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Rules and Regulations 

directs the 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 the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, the EPA 

is not considering 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. 

The EPA has determined that this rule 

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. This action does not relax 

the control measures on sources 

regulated by the RFS regulations and 

therefore will not cause emissions 

increases from these sources. 

K. Congressional Review Act 

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. The EPA will 

submit a report containing this rule 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). 

V. Statutory Authority 

Statutory authority for this action 

comes from sections 211 and 301(a) of 

the Clean Air Act, 42 U.S.C 7545 and 

7601(a). 

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, Petroleum, Renewable fuel. 

Dated: July 31, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—REGULATION OF FUELS 

AND FUELS ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7545, and 

7601(a). 

Subpart M—Renewable Fuel Standard 

■ 2. Section 80.1451 is amended by 

revising paragraph (a)(1)(xiv) to read as 

follows: 

§ 80.1451 What are the reporting 

requirements under the RFS program? 

(a) * * * 

(1) * * * 

(xiv) For the 2013 compliance year, 

annual compliance reports shall be 

submitted within 30 days after 

publication in the Federal Register of 

the final rule establishing the 2014 

renewable fuel percentage standards for 

cellulosic biofuel, biomass-based diesel, 

advanced biofuel and total renewable 

fuel. 

* * * * * 

■ 3. Section 80.1464 is amended by 

revising paragraph (g) to read as follows: 

§ 80.1464 What are the attest engagement 

requirements under the RFS program? 

* * * * * 

(g) For the 2013 compliance year, 

reports required under this section shall 

be submitted to the EPA within 90 days 

after publication in the Federal Register 

of the final rule establishing the 2014 

renewable fuel percentage standards for 

cellulosic biofuel, biomass-based diesel, 

advanced biofuel and total renewable 

fuel. 

[FR Doc. 2014–18568 Filed 8–7–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 86 and 1039 

[EPA–HQ–OAR–2011–1032; FRL–9914–63– 

OAR] 

RIN 2060–AR46 

Emergency Vehicle Rule—SCR 

Maintenance and Regulatory Flexibility 

for Nonroad Equipment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This rule consists of three 

parts. First, the Environmental 

Protection Agency (EPA) is adopting 

minimum maintenance intervals for 

replenishment of consumable chemical 

reductant (commonly known as diesel 

exhaust fluid, or DEF) in connection 

with the use of selective catalytic 

reduction (SCR) technologies. Second, 

EPA is adopting provisions allowing 

manufacturers of nonroad engines to 

give operators the means to obtain shortterm relief from emission controls while 

operating in emergency situations, such 

as those where operation of a nonroad 

engine or equipment is needed to 

protect human life, and where obtaining 

short-term relief from emission controls 

enables such operation. Third, EPA is 

adopting minor revisions to the direct 

final rule for emergency vehicles that 

became effective August 7, 2012, in 

response to comments received on the 

parallel Notice of Proposed Rulemaking. 

DATES: This rule is effective on 

September 8, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–1032. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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, 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 

www.regulations.gov or in hard copy at 

the EPA Docket 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 


wreier-aviles on DSK5TPTVN1PROD with RULES