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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

EPA-HQ-OAR-2011-0542; FRL_XXXX-X

RIN 2060-AR07

Regulation of Fuels and Fuel Additives: Identification of Additional Qualifying 

Renewable Fuel Pathways Under the Renewable Fuel Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed Rule.

SUMMARY: EPA is issuing a proposed rule that identifies additional fuel pathways that 

EPA has determined meet the biomass-based diesel, advanced biofuel or cellulosic 

biofuel lifecycle greenhouse gas (GHG) reduction requirements specified in Clean Air 

Act section 211(o), the Renewable Fuel Standard Program, as amended by the Energy 

Independence and Security Act of 2007 (EISA). This proposed rule describes EPA’s 

evaluation of biofuels produced from camelina oil, energy cane, giant reed, and 

napiergrass; it also includes an evaluation of renewable gasoline and renewable 

gasoline blendstocks, as well as biodiesel from esterification, and clarifies our definition 
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of renewable diesel. 

This proposed rule adds these pathways to Table 1 to § 80.1426 as pathways 

which have been determined to meet one or more of the GHG reduction thresholds 

specified in CAA 211(o), and assigns each pathway a corresponding D-Code. It allows 

producers or importers of fuel produced pursuant to these pathways to generate 

Renewable Identification Numbers (RINs), providing that the fuel meets the other 

requirements specified in the RFS regulations to qualify it as renewable fuel.

DATES: Written comments must be received by [Insert date 30 days from date of 

publication in the Federal Register]. A request for a public hearing must be received by 

[Insert date 15 days from date of publication in the Federal Register].

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OAR2011-0542, by mail to Air and Radiation Docket, Docket No. EPA-HQ-OAR-2011-0542,

Environmental Protection Agency, Mailcode: 6406J, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. 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 of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Vincent Camobreco, Office of 

Transportation and Air Quality (MC6401A), Environmental Protection Agency, 1200 

Pennsylvania Ave., N.W., Washington, DC 20460; telephone number: (202) 564-9043; 
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fax number: (202) 564-1686; email address: camobreco.vincent@epa.gov. 

SUPPLEMENTARY INFORMATION:

I. Why is EPA Issuing a Proposed Rule?

This document proposes to take action to identify additional qualifying renewable 

fuel pathways under the Renewable Fuel Standard Program. We have published a 

direct final rule that describes our rationale for identifying these additional fuel 

pathways, including GHG lifecycle analyses, 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, we will not take further action on this 

proposed rule. If EPA receives relevant adverse comment or a hearing request on a 

distinct provision of this rulemaking, we will publish a timely withdrawal in the Federal 

Register indicating which portion of the rule is being withdrawn. Any distinct 

amendment, paragraph, or section of today’s rule not withdrawn will become effective 

on the date set out in the direct final rule. We will address all public comments in any 

subsequent final rule based on this proposed 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
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section of this document. 

II. Does This Action Apply to Me?

Entities potentially affected by this action 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. Regulated categories and entities 

affected by this action include:

Category NAICS1

Codes

SIC2

Codes

Examples of Potentially Regulated Entities

Industry

Industry 

Industry 

Industry 

Industry 

Industry

Industry

324110

325193

325199

424690

424710

424720

454319

2911

2869

2869

5169

5171

5172

5989

Petroleum Refineries

Ethyl alcohol manufacturing

Other basic organic chemical manufacturing

Chemical and allied products merchant wholesalers

Petroleum bulk stations and terminals

Petroleum and petroleum products merchant wholesalers

Other fuel dealers

1 North American Industry Classification System (NAICS)

2

Standard 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 
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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 question 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 information claimed as CBI. Do not submit information you claim 

as CBI to EPA through 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:

• 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 
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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. Identification of Additional Qualifying Renewable Fuel Pathways Under the 

Renewable Fuel Standard (RFS) Program

EPA is issuing a proposed rule to identify in the RFS regulations additional

renewable fuel production pathways that we have determined meet the greenhouse gas 

(GHG) reduction requirements of the RFS program. This proposed rule describes 
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EPA’s evaluation of: 

Camelina oil (new feedstock)

 Biodiesel and renewable diesel (including jet fuel and heating oil) — qualifying 

as biomass-based diesel and advanced biofuel

 Naphtha and liquefied petroleum gas (LPG) — qualifying as advanced biofuel

Energy cane, giant reed, and napiergrass cellulosic biomass (new feedstocks)

 Ethanol, renewable diesel (including renewable jet fuel and heating oil), and 

naphtha — qualifying as cellulosic biofuel

Renewable gasoline and renewable gasoline blendstock (new fuel types)

 Produced from crop residue, slash, pre-commercial thinnings, tree residue, 

annual cover crops, and cellulosic components of separated yard waste, 

separated food waste, and separated municipal solid waste (MSW) 

 Using the following processes — all utilizing natural gas, biogas, and/or 

biomass as the only process energy sources — qualifying as cellulosic 

biofuel: 

o Thermochemical pyrolysis

o Thermochemical gasification

o Biochemical direct fermentation

o Biochemical fermentation with catalytic upgrading 

o Any other process that uses biogas and/or biomass as the only 
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process energy sources

Esterification (new production process)

 Process used to produce biodiesel from soy bean oil, oil from annual 

covercrops, algal oil, biogenic waste oils/fats/greases, non-food grade corn 

oil, Canola/rapeseed oil, and camelina oil – qualifying as biomass-based 

diesel and advanced biofuel

This proposed rule adds these pathways to Table 1 to § 80.1426 and assigns 

each pathway one or more D-Codes. 

Determining whether a fuel pathway satisfies the CAA’s lifecycle GHG reduction 

thresholds for renewable fuels requires a comprehensive evaluation of the lifecycle 

GHG emissions of the renewable fuel as compared to the lifecycle GHG emissions of 

the baseline gasoline or diesel fuel that it replaces. As mandated by CAA section 

211(o), the GHG emissions assessments must evaluate the aggregate quantity of GHG 

emissions (including direct emissions and significant indirect emissions such as 

significant emissions from land use changes) related to the full fuel lifecycle, including 

all stages of fuel and feedstock production, distribution, and use by the ultimate 

consumer. 

In examining the full lifecycle GHG impacts of renewable fuels for the RFS 

program, EPA considers the following: 
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 Feedstock production – based on agricultural sector models that include direct 

and indirect impacts of feedstock production

 Fuel production – including process energy requirements, impacts of any raw 

materials used in the process, and benefits from co-products produced.

 Fuel and feedstock distribution – including impacts of transporting feedstock from 

production to use, and transport of the final fuel to the consumer.

 Use of the fuel – including combustion emissions from use of the fuel in a 

vehicle.

Many of the pathways evaluated in this proposal rely on a comparison to the 

lifecycle GHG analysis work that was done as part of the Renewable Fuel Standard 

Program (RFS2) Final Rule, published March 26, 2010. 

More information on the different pathways evaluated is included below. For 

additional information on our GHG lifecycle analyses for this proposal, as well as the 

text of the proposed regulatory changes, see the direct final rule which is located in the 

Rules section of this Federal Register.

Camelina: Current information suggests that camelina has limited niche markets 

and will be produced on land that would otherwise remain fallow. Therefore, increased 

production of camelina-based renewable fuel is not expected to result in significant land 

use change emissions. For the purposes of this proposed analysis, EPA is projecting 

there will be no land use emissions associated with camelina production for use as a 
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renewable fuel feedstock. 

Taking into account the assumption of no land use change emissions when 

camelina is used to produce renewable fuel, and considering that other sources of GHG 

emissions related to camelina biodiesel or renewable diesel production have 

comparable GHG emissions to biodiesel from soybean oil, we are proposing that 

camelina-based biodiesel and renewable diesel should be treated in the same manner 

as soy-based biodiesel and renewable diesel in qualifying as biomass-based diesel and 

advanced biofuel for purposes of RIN generation since the GHG emission performance 

of the camelina-based fuels will be at least as good and in some respects better than 

that modeled for fuels made from soybean oil. EPA found as part of the Renewable 

Fuel Standard final rulemaking that soybean biodiesel resulted in a 57% reduction in 

GHG emissions compared to the baseline petroleum diesel fuel. Furthermore, 

approximately 80%of the lifecycle impacts from soybean biodiesel were from land use 

change emissions which are assumed to be not significant for the camelina pathway 

considered. Thus, EPA is proposing to include camelina oil as a potential feedstock 

under the same biodiesel and renewable diesel pathways for which soybean oil 

currently qualifies. We are also proposing to include a pathway for jet fuel, naphtha, 

and LPG produced from camelina oil through hydrotreating. This is based on the fact 

that our analysis shows that even when all of the co-products are used to generate 

RINs the lifecycle GHG emissions for RIN-generating co-products including diesel

replacement fuel, jet fuel, naphtha and LPG produced from camelina oil will all meet the 

50% GHG emissions reduction threshold. 
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We are also proposing that two existing pathways for RIN generation in the RFS 

regulations that list "renewable diesel" as a fuel product produced through a 

hydrotreating process include jet fuel. This applies to two pathways in Table 1 to 

§80.1426 of the RFS regulations which both list renewable diesel made from soy bean 

oil, oil from annual covercrops, algal oil, biogenic waste oils/fats/greases, or non-food 

grade corn oil using hydrotreating as a process. We are proposing that if parties 

produce jet fuel from the hydrotreating process and co-process renewable biomass and 

petroleum they can generate advanced biofuel RINs (D code 5) for the jet fuel 

produced. We are also proposing that if they do not co-process renewable biomass and 

petroleum they can generate biomass-based diesel RINs (D code 4) for the jet fuel 

produced. 

§ 80.1401 of the RFS regulations currently defines non-ester renewable diesel as 

a fuel that is not a mono-alkyl ester and which can be used in an engine designed to 

operate on conventional diesel fuel or be heating oil or jet fuel. The reference to jet fuel 

in this definition was added by direct final rule dated May 10, 2010. Table 1 to §80.1426 

identifies approved fuel pathways by fuel type, feedstock source and fuel production 

processes. The table, which was largely adopted as part of the March 26, 2010 RFS2 

final rule, identifies jet fuel and renewable diesel as separate fuel types. Accordingly, in 

light of the revised definition of renewable diesel enacted after the RFS2 rule, there is 

ambiguity regarding the extent to which references in Table 1 to “renewable diesel” 

include jet fuel.
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The original lifecycle analysis for the renewable diesel from hydrotreating 

pathways listed in Table 1 to §80.1426 was not based on producing jet fuel but rather 

other transportation diesel fuel products, namely a diesel fuel replacement. As 

discussed in the direct final rule, the hydrotreating process can produce a mix of 

products including jet fuel, diesel, naphtha, LPG and propane. Also, as discussed, 

there are differences in the process configured for maximum jet fuel production vs. the 

process maximized for diesel fuel production and the lifecycle results vary depending on 

what approach is used to consider co-products (i.e., the allocation or displacement 

approach). 

In cases where there are no pathways for generating RINs for the co-products 

from the hydrotreating process it would be appropriate to use the displacement method 

for capturing the credits of co-products produced. This is the case for most of the 

original feedstocks included in Table 1 to §80.1426. If the displacement approach is 

used when jet fuel is the primary product produced it results in lower emissions then the 

production maximized for diesel fuel production. Therefore, since the hydrotreating 

process maximized for diesel fuel meets the 50% lifecycle GHG threshold for the 

feedstocks in question, the process maximized for jet fuel would also qualify. 

Thus, we are proposing that the references to “renewable diesel” in Table 1 

include jet fuel, consistent with our regulatory definition of “non-ester renewable diesel,” 

since doing so clarifies the existing regulations while ensuring that Table 1 to §80.1426 
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appropriately identifies fuel pathways that meet the GHG reduction thresholds 

associated with each pathway. 

We note that although the definition of renewable diesel includes jet fuel and 

heating oil, we are also proposing to list in Table 1 of section 80.1426 of the RFS2 

regulations jet fuel and heating oil as specific co-products in addition to listing 

renewable diesel to assure clarity. This clarification also pertains to all the feedstocks 

already included in Table 1 for renewable diesel.

Energy grasses: Based on our comparison of switchgrass and the three 

feedstocks considered here, EPA is proposing that cellulosic biofuel produced from the 

cellulose, hemicellulose and lignin portions of energy cane, giant reed, and napiergrass 

has similar or better lifecycle GHG impacts than biofuel produced from the cellulosic 

biomass from switchgrass. Our proposed analysis suggests that the three feedstocks 

considered have GHG impacts associated with growing and harvesting the feedstock 

that are similar to switchgrass. Emissions from growing and harvesting energy cane are 

approximately 4 kg CO2eq/mmBtu higher than switchgrass, emissions from growing 

and harvesting giant reed are approximately 2 kg CO2eq/mmBtu lower than 

switchgrass, and emissions from growing and harvesting napiergrass are approximately 

6 kg CO2eq/mmBtu higher than switchgrass. These are small changes in the overall 

lifecycle, representing at most a 6% change in the energy grass lifecycle impacts in 

comparison to the petroleum fuel baseline. Furthermore, the three feedstocks 
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considered are expected to have similar or lower GHG emissions than switchgrass 

associated with other components of the biofuel lifecycle. 

As a hypothetical worst case, if the calculated increases in growing and 

harvesting the new feedstocks are incorporated into the lifecycle GHG emissions 

calculated for switchgrass, and other lifecycle components are projected as having 

similar GHG impacts to switchgrass (including land use change associated with 

switchgrass production), the overall lifecycle GHG reductions for biofuel produced from 

energy cane, giant reed, and napiergrass still meet the 60% reduction threshold for 

cellulosic biofuel, the lowest being a 64% reduction (for napiergrass F-T diesel) 

compared to the petroleum baseline. We believe these are conservative estimates, as 

use of energy cane, giant reed, or napiergrass as a feedstock is expected to have 

smaller land-use GHG impacts than switchgrass, due to their higher yields. 

Although this analysis assumes energy cane, giant reed, and napiergrass 

biofuels produced for sale and use in the United States will most likely come from 

domestically produced feedstock, we also intend for the proposed pathways to cover 

energy cane, giant reed, and napiergrass from other countries. We do not expect 

incidental amounts of biofuels from feedstocks produced in other nations to impact our 

average GHG emissions. Moreover, other countries most likely to be exporting energy 

cane, giant reed, or napiergrass or biofuels produced from these feedstocks are likely to 

be major producers which typically use similar cultivars and farming techniques. 

Therefore, GHG emissions from producing biofuels with energy cane, giant reed, or 
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napiergrass grown in other countries should be similar to the GHG emissions we 

estimated for U.S. energy cane, giant reed, or napiergrass, though they could be slightly 

(and insignificantly) higher or lower. For example, the renewable biomass provisions 

under the Energy Independence and Security Act would prohibit direct conversion of 

previously unfarmed land in other countries into cropland for energy grass-based 

renewable fuel production. Furthermore, any energy grass production on existing 

cropland internationally would not be expected to have land use impacts beyond what 

was considered for switchgrass production. Even if there were unexpected larger 

differences, EPA believes the small amounts of feedstock or fuel potentially coming 

from other countries will not impact our threshold analysis. 

Based on our assessment of switchgrass in the RFS2 final rule and this 

comparison of GHG emissions from switchgrass and energy cane, giant reed, and 

napiergrass, we do not expect variations to be large enough to bring the overall GHG 

impact of fuel made from energy cane, giant reed or napier grass to come close to the 

60% threshold for cellulosic biofuel. Therefore, EPA is proposing to include cellulosic 

biofuel produced from the cellulose, hemicelluloses and lignin portions of energy cane, 

giant reed, and napiergrass under the same pathways for which cellulosic biomass from 

switchgrass qualifies under the RFS2 final rule. 

Renewable gasoline and renewable gasoline blendstock: Three renewable 

gasoline and renewable gasoline blendstock pathways were compared to baseline 
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petroleum gasoline, using the same value for baseline gasoline as in the RFS2 final rule 

analysis. The results of the proposed analysis indicate that the renewable gasoline and 

renewable gasoline blendstock pathways result in a GHG emissions reduction of 65-

129% or better compared to the gasoline fuel it would replace using corn stover as a 

feedstock. Since the renewable gasoline and renewable gasoline blendstock pathways 

which use corn stover as a feedstock all exceed the 60% lifecycle GHG threshold 

requirements for cellulosic biofuel, and since these pathways capture the likely current 

technologies and since future technology improvements are likely to increase efficiency 

and lower GHG emissions, we are proposing that all processes producing renewable 

gasoline or renewable gasoline blendstock from corn stover can qualify if they fall in the 

following process characterizations:

 Catalytic pyrolysis and upgrading utilizing natural gas, biogas, and/or biomass as 

the only process energy sources

 Gasification and upgrading utilizing natural gas, biogas, and/or biomass as the 

only process energy sources

 Direct fermentation utilizing natural gas, biogas, and/or biomass as the only 

process energy sources

 Fermentation and upgrading utilizing natural gas, biogas, and/or biomass as the 

only process energy sources

 Any process utilizing biogas and/or biomass as the only process energy sources

As was the case for extending corn stover results to other feedstocks in the 

RFS2 final rule, we are proposing to extend these results to feedstocks with similar or 
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lower GHG emissions profiles, including the following feedstocks:

 Cellulosic biomass from crop residue, slash, pre-commercial thinnings and tree 

residue, annual cover crops;

 Cellulosic components of separated yard waste;

 Cellulosic components of separated food waste; and 

 Cellulosic components of separated MSW

For more information on the reasoning for extension to these other feedstocks 

refer to the feedstock production and distribution section or the RFS2 rulemaking (75 

FR 14793-14795). 

Based on these results, today’s proposed rule includes pathways for the

generation of cellulosic biofuel RINs for renewable gasoline or renewable gasoline 

blendstock produced by catalytic pyrolysis and upgrading, gasification and upgrading, 

direct fermentation, fermentation and upgrading, all utilizing natural gas, biogas, and/or 

biomass as the only on-site process energy sources or any process utilizing biogas 

and/or biomass as the only on-site energy sources, and using corn stover as a 

feedstock or the feedstocks noted above. In order to qualify for RIN generation, the fuel

must meet the other definitional criteria for renewable fuel (e.g., produced from 

renewable biomass, and used to reduce or replace petroleum-based transportation fuel, 

heating oil or jet fuel) specified in the Clean Air Act and the RFS regulations. 
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Direct Esterification: Using the same methodology as was used for the yellow 

grease modeling under RFS2, but using high energy and materials use assumptions 

and omitting the glycerin co-product credit, we estimate the GHG emissions reduction 

for the esterification of specified feedstocks with any level of FFA process is -71%. 

Since the GHG threshold is at -50% for biomass-based diesel and advanced biofuel, we 

believe that there is a large enough margin in the results to reasonably conclude that 

biodiesel using esterification of specified feedstocks with any level of FFA content 

meets the biomass-based diesel and advanced biofuel 50% lifecycle GHG reduction 

threshold. Therefore, we are proposing to include the process “esterification” as an 

approved biodiesel production process in Table 1 to §40 CFR 80.1426. In addition, 

consistent with the modeling conducted for RFS2, we are proposing to interpret the RFS 

regulations as they existed prior to today’s rule as including a direct esterification 

process as part of the biodiesel pathways for which only “trans-esterification” was 

specifically referenced in Table 1 to §40 CFR 80.1426. 

V. Additional Changes to Listing of Available Pathways in Table 1 of 80.1426

We are also proposing two changes to Table 1 to 80.1426 that were proposed on 

July 1, 2011(76 FR 38844). The first change adds ID letters to pathways to facilitate 

references to specific pathways. The second change adds "rapeseed" to the existing 

pathway for renewable fuel made from canola oil. 
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On September 28, 2010, EPA published a “Supplemental Determination for 

Renewable Fuels Produced Under the Final RFS2 Program from Canola Oil” (FR Vol. 

75, No. 187, pg 59622-59634). In the July 1, 2011 NPRM (76 FR 38844) we proposed 

to clarify two aspects of the supplemental determination. First we proposed to amend 

the regulatory language in Table 1 to §80.1426 to clarify that the currently-approved 

pathway for canola also applies more generally to rapeseed. While “canola” was 

specifically described as the feedstock evaluated in the supplemental determination, we 

had not intended the supplemental determination to cover just those varieties or 

sources of rapeseed that are identified as canola, but to all rapeseed. As described in 

the July 1, 2011 NPRM, we currently interpret the reference to “canola” in Table 1 to 

§80.1426 to include any rapeseed. To eliminate ambiguity caused by the current 

language, however, we proposed to replace the term “canola” in that table with the term 

“canola/rapeseed”. Canola is a type of rapeseed. While the term “canola” is often used 

in the American continent and in Australia, the term “rapeseed” is often used in Europe 

and other countries to describe the same crop. We received no adverse comments on 

our July 1, 2011 proposal but are re-proposing it here in case we receive adverse 

comment in response to the direct final rule also published today. 

Second, we wish to clarify that although the GHG emissions of producing fuels 

from canola feedstock grown in the U.S. and Canada was specifically modeled as the 

most likely source of canola (or rapeseed) oil used for biodiesel produced for sale and 

use in the U.S., we also intended that the approved pathway cover canola/rapeseed oil 

from other countries, and we propose to interpret our regulations in that manner. We 

expect the vast majority of biodiesel used in the U.S. and produced from 
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canola/rapeseed oil will come from U.S. and Canadian crops. Incidental amounts from 

crops produced in other nations will not impact our average GHG emissions. Therefore, 

EPA proposes to interpret the approved canola pathway as covering canola/rapeseed 

regardless of country origin.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and 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

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 approved the information collection requirements contained in the 

existing regulations at 40 CFR part 80, subpart M under the provisions of the Paperwork 
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Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060–

0637 and 2060-0640. 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-forprofit 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 proposed rule will not have a significant economic impact on a substantial 
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number of small entities. This proposed rule will not impose any new requirements on 

small entities. The relatively minor corrections and modifications this proposed rule 

makes to the final RFS2 regulations do not impact small entities. We continue to be

interested in the potential impacts of the rule on small entities and welcome comments 

on issues related to such impacts.

D. Unfunded Mandates Reform Act

This proposed rule 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 proposed rule 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)
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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 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 proposed rule 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.
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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 proposed rule 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,
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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 proposed 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. These amendments would not relax the control measures on 
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sources regulated by the RFS regulations and therefore would not cause emissions 

increases from these sources.
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VII. Statutory Provisions and Legal Authority

Statutory authority for the rule finalized today can be found in section 211 of the 

Clean Air Act, 42 U.S.C. 7545. Additional support for the procedural and compliance 

related aspects of today's rule, including the recordkeeping requirements, come from 

Sections 114, 208, and 301(a) of the Clean Air Act, 42 U.S.C. 7414, 7542, and 7601(a). 

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, Labeling, Motor vehicle pollution, 

Penalties, Petroleum, Reporting and recordkeeping requirements.

Dated: ____________________________

__________________________________

Lisa P. Jackson,

Administrator