24300 Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 

1The CAA defines a small refinery as ‘‘a refinery 

for which the average aggregate daily crude oil 

throughput for a calendar year . . . does not exceed 

75,000 barrels.’’ CAA section 211(o)(1)(K). 

2CAA section 211(o)(9)(B)(i). 

3CAA section 211(o)(9)(B)(ii). 

4 ‘‘April 2022 Denial of Petitions for RFS Small 

Refinery Exemptions,’’ EPA–420–R–22–005, April 

2022. 

5 ‘‘Proposed RFS Small Refinery Exemption 

Decision,’’ EPA–420–D–21–001, December 2021 

(hereinafter the ‘‘Proposed Denial’’). 86 FR 70999 

(December 14, 2021). 

the operation of an affected facility, or 

any period during which the monitoring 

system is inoperative. These 

notifications, reports, and records are 

essential in determining compliance, 

and are required of all affected facilities 

subject to NESHAP. 

Form Numbers: None. 

Respondents/affected entities: 

Owners and operators of demolition and 

renovation of facilities, asbestos cement 

(A/C) pipe replacement projects 

(ACPRPs), asbestos waste disposal, 

asbestos milling, manufacturing and 

fabricating, use of asbestos on roadways, 

asbestos waste converting facilities, and 

the use of asbestos insulation and 

sprayed-on materials. 

Respondent’s obligation to respond: 

Mandatory (40 CFR part 61, subpart M). 

Estimated number of respondents: 

9,771 (total). 

Frequency of response: Quarterly, 

semiannually, annually. 

Total estimated burden: 297,000 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: $35,100,000 (per 

year), which includes $0 in annualized 

capital/startup and/or operation & 

maintenance costs. 

Changes in the Estimates: There is an 

increase in the total estimated burden as 

currently identified in the OMB 

Inventory of Approved Burdens. The 

change is due to the removal of burden 

associated with electronic reporting by 

either demolition or renovation 

facilities. The previous ICR renewal 

introduced a pilot program for 

demolition/renovation facilities, which 

allowed for voluntary submission of 

certain notifications using electronic 

reporting, as available. However, there 

are no regulatory requirements for 

electronic submission of reports in 40 

CFR part 61, subpart M; therefore, this 

ICR does not assign a regulatory burden 

for electronic submittal of reports. 

Courtney Kerwin, 

Director, Regulatory Support Division. 

[FR Doc. 2022–08701 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2021–0566; FRL–9711–01– 

OAR] 

April 2022 Denial of Petitions for Small 

Refinery Exemptions Under the 

Renewable Fuel Standard Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Denial of petitions. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of its 

final action entitled April 2022 Denial 

of Petitions for RFS Small Refinery 

Exemptions (‘‘SRE Denial’’) in which 

EPA denied 36 small refinery exemption 

(SRE) petitions under the Renewable 

Fuel Standard (RFS) program. EPA is 

providing this notice for public 

awareness of and the basis for EPA’s 

decision issued on April 7, 2022. 

DATES: April 25, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nelson, Office of Transportation 

and Air Quality, Compliance Division, 

Environmental Protection Agency, 2000 

Traverwood Drive, Ann Arbor, MI 

48105; telephone number: 734–214– 

4657; email address: nelson.karen@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Clean Air Act (CAA) provides 

that a small refinery 1 may at any time 

petition EPA for an extension of the 

exemption from the obligations of the 

RFS program for the reason of 

disproportionate economic hardship 

(DEH).2 In evaluating such petitions, the 

EPA Administrator, in consultation with 

the Secretary of Energy, will consider 

the findings of a Department of Energy 

(DOE) study and other economic 

factors.3

II. Decision 

In the SRE Denial,4 we conducted an 

extensive analysis and review of 

information provided to EPA by small 

refineries in their SRE petitions and in 

the comments submitted in response to 

the Proposed Denial.5 We sought 

comment on all aspects of the Proposed 

Denial, including on our conclusions 

that the CAA requires small refineries to 

demonstrate that DEH is caused by 

compliance with the RFS program. We 

also sought comment on our economic 

analyses and conclusion that no small 

refineries face disproportionate costs of 

compliance due to the RFS program, no 

economic hardship, and, therefore, no 

DEH caused by RFS compliance. We 

requested additional data that would 

show the relationship between RFS 

compliance costs and the price of 

transportation fuel blendstocks. We also 

sought comment on our proposed 

change in approach to SRE eligibility 

based on receipt of the original statutory 

exemption, and our proposed decision 

to deny all pending SRE petitions based 

on the proportional nature of the RFS 

requirements and our findings regarding 

RIN cost passthrough. We considered all 

the comments received and have 

responded to them in the SRE Denial 

and its corresponding appendices. 

In the SRE Denial, we find that all 

refineries face the same costs to acquire 

RINs regardless of whether the RINs are 

created through the act of blending 

renewable fuels or are purchased on the 

open market. This happens because the 

market price for these fuels increases to 

reflect the cost of the RIN, much as it 

would increase in response to higher 

crude prices. In other words, this 

increased price for gasoline and diesel 

fuel allows obligated parties to recover 

their RIN costs through the market price 

of the fuel they produce. Because the 

market behaves this way for all parties 

subject to the RFS program, there is no 

disproportionate cost to any party, 

including small refineries, and no 

hardship given that the costs are 

recovered. As a result, we conclude that 

small refineries do not face DEH. Given 

this conclusion and the other reasons 

described in the SRE Denial, we have 

denied 36 SRE petitions by finding the 

petitioning refineries do not face DEH 

caused by compliance with their RFS 

obligations. 

III. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) When 

the agency action consists of ‘‘nationally 

applicable . . . final actions taken by 

the Administrator,’’ or (ii) when such 

action is locally or regionally 

applicable, but ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii) 

described in the preceding sentence. 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 79 / Monday, April 25, 2022 / Notices 24301 

6 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

7 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).6 This final action 

denies petitions for exemptions from the 

RFS program for over 30 small refineries 

across the country and applies to small 

refineries located within 18 states in 7 

of the 10 EPA regions and in 8 different 

Federal judicial circuits.7 This final 

action is based on EPA’s revised 

interpretation of the relevant CAA 

provisions and the RIN discount and 

RIN cost passthrough principles that are 

applicable to all small refineries no 

matter the location or market in which 

they operate. For these reasons, this 

final action is nationally applicable or, 

alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

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

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the District of 

Columbia Circuit by June 24, 2022. 

Joseph Goffman, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. 2022–08686 Filed 4–22–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2022–0160; FRL–9409–12– 

OCSPP] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients—March 2022 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before May 25, 2022. 

ADDRESSES: Submit your comments, 

identified by the docket identification 

(ID) number and the File Symbol of the 

EPA registration Number of interest as 

shown in the body of this, through the 

Federal eRulemaking Portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets/aboutepa-dockets. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511P), main telephone number: (202) 

566–2427, email address: 

BPPDFRNotices@epa.gov. The mailing 

address for each contact person is: 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001. As part of the mailing 

address, include the contact person’s 

name, division, and mail code. The 

division to contact is listed at the end 

of each pesticide petition summary. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. 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. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Registration Applications 

EPA has received applications to 

register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the provisions of FIFRA 

section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA 

is hereby providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on these applications. 

For actions being evaluated under EPA’s 

public participation process for 

registration actions, there will be an 

additional opportunity for public 

comment on the proposed decisions. 

Please see EPA’s public participation 

website for additional information on 

this process (https://www2.epa.gov/ 

pesticide-registration/publicparticipation-process-registrationactions). 

A. Notice of Receipt—New Active 

Ingredients 

1. File Symbol: 2375–A. Docket ID 

number: EPA–HQ–OPP–2022–0317. 

Applicant: Chr. Hansen, Inc., 16300 W 

Lincoln Ave., New Berlin, WI 53151. 

Product name: CH4000. Active 

ingredient: Fungicide and nematicide— 

Bacillus subtilis strain CH4000 at 100%. 

Proposed use: For seed treatment and 

applications to soil. Contact: BPPD. 

2. File Symbol: 2375–L. Docket ID 

number: EPA–HQ–OPP–2022–0317. 

Applicant: Chr. Hansen, Inc., 16300 W 


khammond on DSKJM1Z7X2PROD with NOTICES