Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 35711 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

• The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 7, 2022. 

Meghan A. McCollister, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA proposes to amend 

40 CFR part 52 as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

§ 52.1320 [Amended] 

■ 2. In § 52.1320, the table in paragraph 

(c) is amended by removing the entry 

‘‘10–6.300’’ under the heading ‘‘Chapter 

6—Air Quality Standards, Definitions, 

Sampling and Reference Methods, and 

Air Pollution Control Regulations for 

the State of Missouri’’. 

■ 3. In § 52.1323, paragraphs (h) and (j) 

are revised to read as follows: 

§ 52.1323 Approval status. 

* * * * * 

(h) Missouri rule 10 CSR 10–6.300 

was rescinded on [date 30 days after 

date of publication of final rule in the 

Federal Register]. 

* * * * * 

(j) Missouri rule 10 CSR 10–6.300 was 

rescinded on [date 30 days after date of 

publication of final rule in the Federal 

Register]. 

* * * * * 

[FR Doc. 2022–12610 Filed 6–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2022–0434; FRL–9821–01– 

OAR] 

RIN 2060–AV72 

Renewable Fuel Standard (RFS) 

Program: Alternative RIN Retirement 

Schedule for Small Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing an 

alternative renewable identification 

number (RIN) retirement schedule for 

small refineries under the Renewable 

Fuel Standard (RFS) program for the 

2020 compliance year. To provide small 

refineries with more time to comply 

with their 2020 RFS obligations 

(including any RIN deficits from 2019 

carried forward into the 2020 

compliance year), EPA is proposing a 

quarterly RIN retirement schedule by 

which a small refinery must comply 

with certain percentages of its 2020 RFS 

obligations. EPA is proposing this action 

because small refineries need more time 

to plan for compliance with their RFS 

obligations given EPA’s delay in 

deciding small refinery exemption (SRE) 

petitions and setting the associated 

compliance deadlines. 

DATES:

Comments. Comments must be 

received on or before July 28, 2022. 

Public hearing. EPA will hold a 

virtual public hearing on June 28, 2022. 

Please refer to the SUPPLEMENTARY

INFORMATION section for additional 

information on the public hearing. 

ADDRESSES:

Comments. You may send your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2022–0434, by any of 

the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method) Follow the online 

instructions for submitting comments. 

• Email: a-and-r-Docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2022–0434 in the subject line of the 

message. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Air Docket, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. For the 

full EPA public comment policy, 

information about confidential business 

information (CBI) or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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

commenting-epa-dockets. 

Public hearing. The virtual public 

hearing will be held on June 28, 2022. 

The hearing will begin at 9:00 a.m. 

Eastern Daylight Time (EDT) and end 

when all parties who wish to speak have 

had an opportunity to do so. All hearing 

attendees (including even those who do 

not intend to provide testimony) should 

register for the public hearing by June 

21, 2022. Information on how to register 

can be found at https://www.epa.gov/ 

renewable-fuel-standard-program/ 

proposed-alternative-rin-retirementschedule-small-refineries. Additional 

information regarding the hearing 


khammond on DSKJM1Z7X2PROD with PROPOSALS
35712 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

1 40 CFR 80.1406(a). 

2CAA section 211(o)(1)(K). 

3CAA section 211(o)(9)(A)(i). 

4 72 FR 23900, 23926 (May 1, 2007). 

5 40 CFR 80.1441(a)(1). 

appears below under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding this action, 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. For questions regarding the 

public hearing, contact Nick Parsons at 

(734) 214–4479 or RFS-Hearing@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

Entities potentially affected by this 

proposed rule are those involved with 

the production, distribution, and sale of 

transportation fuels, including gasoline, 

diesel, and renewable fuels such as 

ethanol, biodiesel, renewable diesel, 

and biogas. Potentially affected 

categories include: 

Category NAICS1 code Examples of potentially affected entities 

Industry ..................................................... 324110 Petroleum refineries. 

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

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

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

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

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

Industry ..................................................... 221210 Manufactured gas production and distribution. 

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

1 North American Industry Classification System (NAICS). 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be affected by 

this action. Other types of entities not 

listed in the table could also be affected. 

To determine whether your entity 

would be affected 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 FOR FURTHER INFORMATION

CONTACT section. 

Participation in Virtual Public Hearing 

Please note that EPA is deviating from 

its typical approach because the 

President has declared a national 

emergency. Because of current CDC 

recommendations, as well as state and 

local orders for social distancing to limit 

the spread of COVID–19, EPA cannot 

hold in-person public meetings at this 

time. 

Information on how to register for the 

hearing can be found at https://

www.epa.gov/renewable-fuel-standardprogram/proposed-alternative-rinretirement-schedule-small-refineries. 

The last day to pre-register to speak at 

the hearing will be June 21, 2022. 

Each commenter will have 3 minutes 

to provide oral testimony. EPA may ask 

clarifying questions during the oral 

presentations, but will not respond to 

the presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at https://www.epa.gov/ 

renewable-fuel-standard-program/ 

proposed-alternative-rin-retirementschedule-small-refineries. While EPA 

expects the hearing to go forward as set 

forth above, please monitor the website 

or contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

determine if there are any updates. EPA 

does not intend to publish a document 

in the Federal Register announcing 

updates. 

If you require the services of a 

translator or special accommodations 

such as audio description, please preregister for the hearing and describe 

your needs by June 21, 2022. EPA may 

not be able to arrange accommodations 

without advance notice. 

Outline of This Preamble 

I. Background 

A. Small Refineries and RFS Compliance 

B. Unique Small Refinery Compliance 

Challenges 

C. Overview of Proposed Compliance 

Approach 

II. Alternative RIN Retirement Schedule for 

Small Refineries for the 2020 

Compliance Year 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

IV. Statutory Authority 

I. Background 

A. Small Refineries and RFS 

Compliance 

The RFS program sets annual, 

nationally applicable volume targets for 

renewable fuel. EPA translates those 

volume targets into compliance 

obligations that obligated parties must 

meet each year. EPA has designated 

refiners and importers of gasoline and 

diesel fuel used as transportation fuel to 

be those obligated parties.1 Small 

refineries, a subset of refiners, are 

defined by the Clean Air Act (CAA or 

‘‘the Act’’) as ‘‘refiner[ies] for which the 

average aggregate daily crude oil 

throughput for a calendar year . . . does 

not exceed 75,000 barrels.’’ 2 At the start 

of the RFS program, Congress initially 

granted all eligible small refineries a 

temporary exemption from the 

obligations of the RFS program until 

2011.3 Under EPA’s regulations, small 

refineries that were producing either 

‘‘gasoline’’ under RFS1 4 or 

‘‘transportation fuel’’ under RFS2 5 were 

required to notify EPA that they 

qualified for the temporary exemption 


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6 72 FR 23900, 23925–26 (May 1, 2007); 40 CFR 

80.1441(b). EPA’s regulations allowed small 

refineries that had submitted verification letters to 

qualify for the original statutory exemption under 

EPAct/RFS1 to not have to submit an additional 

verification letter to qualify under the SRE 

provisions in EISA/RFS2. 

7CAA section 211(o)(9)(B)(i). 

8CAA section 211(o)(9)(B)(ii). 

9 ‘‘Proposed RFS Small Refinery Exemption 

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

10 86 FR 70999 (December 14, 2021). 

11Renewable Fuels Ass’n et al. v. EPA, 948 F.3d 

1206 (10th Cir. 2020). The court held that (1) the 

disproportionate economic hardship required in 

order to receive an SRE under the CAA must be 

caused by RFS compliance, (2) EPA acted arbitrarily 

and capriciously when it granted the SREs at issue 

without reconciling those decisions with the 

Agency’s previous findings on RIN cost 

passthrough, and (3) ‘‘extension’’ as used in the 

CAA SRE provisions required continuity, such that 

small refineries were only eligible for SREs if they 

had been continuously exempted from the outset of 

the RFS program. On September 4, 2020, the small 

refineries filed a petition for a writ of certiorari from 

the Supreme Court requesting review only of the 

holding regarding the meaning of ‘‘extension,’’ 

which was granted on January 8, 2021, and 

following oral argument, was decided on June 25, 

2021, in HollyFrontier Cheyenne Refining, LLC et al. 

v. Renewable Fuels Ass’n et al., 114 S.Ct. 2172 

(2021) (HollyFrontier). The Supreme Court held in 

HollyFrontier that ‘‘extension’’ as used in the SRE 

provisions of the CAA does not require continuous 

exemption. The other holdings in RFA were not 

appealed. 

12 ‘‘April 2022 Denial of Petitions for RFS Small 

Refinery Exemptions,’’ EPA–420–R–22–006, April 

2022. 

13Sinclair Wyoming Refining Co. v. EPA, No. 19– 

1196 (D.C. Cir.), Dec. 8, 2021 Order, Doc. No. 

1925942. 

14 ‘‘June 2022 Denial of Petitions for RFS Small 

Refinery Exemptions,’’ EPA–420–R–22–011, June 

2022. 

15More information about SREs is available at 

https://www.epa.gov/fuels-registration-reportingand-compliance-help/rfs-small-refineryexemptions. 

16The RFS regulations establish deadlines for 

obligated parties—including small refineries—to 

comply with their annual RVOs; the deadlines 

provide the dates by which obligated parties must 

retire sufficient RINs to comply with those RVOs 

and submit associated compliance reports. Under 

the existing RFS regulations, small refineries must 

comply with their 2019 RVOs by the first quarterly 

reporting deadline that is after the effective date of 

the 2021 RFS percentage standards. The 2020 

compliance deadline is then tied to the next 

quarterly reporting deadline after the 2019 

compliance deadline for small refineries, such that 

the annual compliance deadlines remain sequential. 

40 CFR 80.1451(f)(1)(i)(B)(1) and (2). The effective 

date of the 2021 RFS percentage standards is 

generally expected to be 60 days after publication 

of the action establishing the 2021 standards in the 

Federal Register. 

17See, e.g., Comments on 2020–2022 RFS Rule 

from the Small Refinery Coalition, Docket Item No. 

EPA–HQ–OAR–2021–0324–0570. 

18 87 FR 5696 (February 2, 2022). 

19Wynnewood Refining Co., LLC, et al. v. EPA, 

Consol. Case Nos. 22–1015, 22–1051 & 22–1053 

(D.C. Cir. 2022). 

20CAA section 211(o)(1)(K), 40 CFR 80.1401, and 

80.1441(e)(2)(iii). 

21CAA section 211(o)(9)(B)(i). 

by submitting verification letters stating 

their average crude oil throughput rate 

during the applicable qualification 

period.6 The CAA provides that a small 

refinery 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).7 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.8

On December 7, 2021, EPA proposed 

to deny 65 pending SRE petitions for the 

2016–2021 compliance years 9 and took 

public comment via a Federal Register 

Notice.10 That proposal included 

proposed changes to EPA’s 

interpretation of the SRE provisions in 

the CAA that were informed by the 

holdings of the U.S. Court of Appeals 

for the Tenth Circuit in Renewable Fuels 

Association et al. v. EPA (RFA) 11 and 

EPA’s long-held findings regarding RFS 

compliance costs being passed through 

ultimately to wholesale purchasers 

(generally referred to as RIN cost 

passthrough). Consistent with that 

proposal, on April 7, 2022, EPA 

announced the April 2022 SRE Denial,12

which denied 36 previously-decided 

SRE petitions for the 2018 compliance 

year that had been remanded to EPA for 

reconsideration by the U.S. Court of 

Appeals for the D.C. Circuit.13 Then, on 

June 3, 2022, EPA announced the June 

2022 SRE Denial,14 which denied 69 

SRE petitions for the 2016–2021 

compliance years that were still 

pending.15

B. Unique Small Refinery Compliance 

Challenges 

We understand that some small 

refineries that recently received denial 

decisions may not be prepared to 

comply with their renewable volume 

obligations (RVOs or ‘‘RFS obligations’’) 

for the 2020 compliance year by the 

applicable compliance deadlines, likely 

because they received SREs in recent 

years and assumed they would 

continue. Additionally, the compliance 

deadlines have been compressed 16 and 

some small refineries have stated that 

they have been unable to acquire the 

RINs they need to comply with their 

RFS obligations.17 For these reasons, 

EPA believes it is appropriate to allow 

small refineries to carryforward their 

2019 RIN deficits into the 2020 

compliance year (as they are already 

able to do pursuant to 40 CFR 

80.1427(b)), then elect to use the 

alternative RIN retirement schedule 

proposed today to meet their 2020 RFS 

obligations. This will give the small 

refineries additional time and open a 

broader range of RIN vintages to acquire 

and retire the RINs needed to 

demonstrate compliance for the 2020 

compliance year. 

C. Overview of Proposed Compliance 

Approach 

For the reasons provided herein, we 

are proposing to make an alternative 

RIN retirement schedule available to 

small refineries for the 2020 compliance 

year to facilitate their transition into full 

compliance with the RFS program. This 

proposed alternative RIN retirement 

schedule would decrease the number of 

RINs that small refineries must acquire 

in the near term, extend the time period 

over which small refineries can plan 

and implement their RIN transactions, 

and allow the use of RINs generated in 

future compliance years, thereby 

reducing the immediate financial 

impacts on small refineries, as well as 

the impacts on the RIN market and the 

RFS program as a whole. While we are 

here proposing specific dates for the 

alternative RIN retirement schedule, 

these proposed dates presume that the 

annual RFS compliance deadlines will 

be established according to the structure 

in 40 CFR 80.1451(f)(1)(i)(B).18

However, the final rule that established 

those regulations is currently the subject 

of litigation.19 Thus, the reporting 

deadlines upon which the proposed 

alternative RIN retirement schedule is 

based may again become uncertain. 

We are proposing to allow any 

refinery that meets the definition of 

‘‘small refinery’’ 20 for the 2020 

compliance year to use this alternative 

RIN retirement schedule, regardless of 

whether it submitted an SRE petition for 

2020 or recently received an SRE denial. 

We are doing so because almost all 

small refineries submitted an SRE 

petition for 2020 that was denied in the 

June 2022 SRE Denial. We further 

believe that the proposed alternative 

RIN retirement schedule should be 

provided to all small refineries because 

the previous uncertainty surrounding 

the availability of SREs potentially 

affected all small refineries, which ‘‘may 

at any time petition’’ for an SRE.21

We believe that it is appropriate to 

propose this alternative RIN retirement 

schedule only for small refineries for 

their 2020 RFS obligations because it 

responds to the unique circumstances 

affecting small refineries at this time. 

First, the June 2022 SRE Denial only 

affects the RFS obligations of small 

refineries. Second, the uncertainty 

regarding how EPA would decide the 

SRE petitions, created by the protracted 


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35714 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

22We note, however, that the RIN cost 

passthrough analysis presented in the April 2022 

and June 2022 SRE Denials puts small refineries on 

notice regarding the high burden they bear when 

petitioning for an SRE to demonstrate that their 

alleged DEH is caused by compliance with the RFS 

program. Thus, absent a compelling demonstration 

that a small refinery experiences DEH caused by 

compliance with the RFS program, a small refinery 

should have no reasonable expectation that its SRE 

petition will be granted in the future and has no 

reason to again delay the acquisition of RINs to 

demonstrate compliance with its RFS obligations. 

This is a long-held position by EPA; for example, 

in its December 6, 2016, SRE guidance document, 

EPA stated that ‘‘[p]etitioning small refineries 

should always presume that they are subject to the 

requirements of the RFS program and include RFS 

compliance in their overall planning.’’ Accordingly, 

as has been true in the past, every small refinery 

should plan and prepare to demonstrate compliance 

with their RFS obligations unless and until they 

receive an exemption. 

23RIN-holding data indicates that just four 

obligated parties—which represented 

approximately 40 percent of the 2019 total RVO— 

currently hold over half of all available 2019 RINs, 

and nine obligated parties—which represent 

approximately 55 percent of the 2019 total RVO— 

hold over three-quarters of all available 2019 RINs. 

Similarly, just five obligated parties currently hold 

over half of all available 2020 and 2021 RINs, and 

11 obligated parties hold over three-quarters of all 

available 2020 and 2021 RINs. See ‘‘EMTS RIN 

Holding Data as of May 12, 2022,’’ available in the 

docket for this action. RIN holdings are presented 

in relation to the 2019 total RVO because this is the 

most recent year for which EPA has compliance 

data. 

24The actual annual compliance reporting 

deadlines upon which this proposal is based may 

change based on the effective date of the 2021 RFS 

percentage standards. See 40 CFR 

80.1451(f)(1)(i)(B). Should the actual 2020 

compliance deadline differ from the date listed in 

Table II.1, we intend that the first RIN retirement 

deadline would not occur until after the actual 2020 

compliance deadline. 

25 It should be noted that the specific dates 

proposed herein have been calculated relying on 

the compliance deadlines established in 40 CFR 

80.1451(f)(1)(i)(B), which is now the subject of 

litigation in the D.C. Circuit in Wynnewood 

Refining Co., LLC, et al. v. EPA, Consol. Case Nos. 

22–1015, 22–1051, & 22–1053. Depending on the 

outcome of that litigation, the dates proposed 

herein for the alternative RIN retirement schedule 

may again become uncertain. 

litigation and the opinions in RFA and 

HollyFrontier, impacted only small 

refineries’ compliance obligations. 

Third, some small refineries have stated 

that they have not been acquiring RINs 

ratably while producing transportation 

fuels that incur an RFS obligation in 

anticipation of EPA granting their SRE 

petitions, a result that did not 

manifest.22 Currently, the available RINs 

small refineries need for compliance 

with their 2020 RVOs are being held in 

large part by other obligated parties that 

likely intend to use these RINs for 

compliance with their own RFS 

obligations, and those parties may not 

be willing to sell them.23 For these 

reasons, many small refineries may not 

be prepared to comply by the 2020 

compliance deadline. Therefore, we are 

proposing to provide small refineries 

with more time to acquire RINs and 

allow the use of a broader range of RIN 

vintages through the proposed 

alternative RIN retirement schedule, 

which we believe would help resolve 

some of the obstacles small refineries 

may currently be facing. 

II. Alternative RIN Retirement 

Schedule for Small Refineries for the 

2020 Compliance Year 

The proposed alternative RIN 

retirement schedule is an extended 

period over which small refineries must 

acquire and retire RINs to demonstrate 

compliance with their 2020 RFS 

obligations. We are proposing a RIN 

retirement schedule that includes five 

quarterly RIN retirement deadlines that 

extend into the 2024 calendar year, 

thereby allowing small refineries to 

potentially use 2021, 2022, 2023, and 

2024 RINs to satisfy a portion of their 

2020 RVOs. We are proposing this 

schedule to allow over 18 months 

between the June 2022 SRE Denial and 

the final 2020 RVO quarterly RIN 

retirement deadline of February 1, 2024, 

for small refineries to satisfy, in full, 

their 2020 RVOs. Table II.1 provides the 

proposed RIN retirement schedule and 

RIN vintages that can be used for each 

quarterly RIN retirement deadline, along 

with illustrative annual compliance 

reporting deadlines: 

TABLE II.1—PROPOSED 2020 RVO ALTERNATIVE RIN RETIREMENT SCHEDULE WITH ILLUSTRATIVE ANNUAL COMPLIANCE

REPORTING DEADLINES

Milestone Deadline 

RIN vintage 

2018 2019 2020 2021 2022 2023 2024 

2019 Compliance Deadline ............................................ September 1, 2022 ............ C X .......... .......... .......... .......... ..........

2020 Compliance Deadline ............................................ December 1, 2022 ............. .......... C X .......... .......... .......... ..........

2020 RVO RIN Retirement 1 (20%) .............................. February 1, 2023 ............... .......... .......... X X X X ..........

2021 Compliance Deadline ............................................ March 31, 2023 ................. .......... .......... C X .......... .......... ..........

2020 RVO RIN Retirement 2 (40%) .............................. May 1, 2023 ...................... .......... .......... .......... X X X ..........

2020 RVO RIN Retirement 3 (60%) .............................. August 1, 2023 .................. .......... .......... .......... X X X ..........

2022 Compliance Deadline ............................................ September 1, 2023 ............ .......... .......... .......... C X .......... ..........

2020 RVO RIN Retirement 4 (80%) .............................. November 1, 2023 ............. .......... .......... .......... .......... X X ..........

2020 RVO RIN Retirement 5 (100%) ............................ February 1, 2024 ............... .......... .......... .......... .......... X X X 

2023 Compliance Deadline ............................................ March 31, 2024 ................. .......... .......... .......... .......... C X ..........

X = RINs of this vintage may be used in any amount. 

C = RINs of this vintage may be used to satisfy up to 20 percent of the RVO, per 40 CFR 80.1427(a)(5). 

We are proposing these specific RIN 

retirement deadlines so that they would 

not overlap with other RFS compliance 

reporting deadlines.24 We believe this 

approach would allow EPA staff to 

implement and oversee the RIN 

retirements more effectively and 

mitigate the potential for confusion on 

the part of participating small refineries 

that would have overlapping 

compliance reporting requirements. We 

are proposing specific dates for these 

deadlines—as opposed to tying them to 

the effective date of this or another RFSrelated action—to provide greater 

certainty regarding the RIN retirement 

deadlines under the proposed 

alternative RIN retirement schedule.25

We are proposing the five quarterly 

RIN retirement deadlines because this 

would allow small refineries additional 

time to acquire RINs, as well as provide 

small refineries with access to 

additional later RIN vintages, as any 

valid RIN at the time of retirement could 

be used to demonstrate compliance. In 

this way, the proposed alternative RIN 

retirement schedule strikes a balance 

between easing the compliance burden 

for small refineries while not 

indefinitely postponing their 

compliance demonstrations. The 

extended RIN retirement schedule and 

expanded RIN retirement flexibility will 

help individual small refineries fully 

comply, and in so doing will strengthen 


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26The regulations at 40 CFR 80.1428(a) note that 

any RIN that is not used for compliance purposes 

for the calendar year in which it was generated, or 

for the following calendar year, will be considered 

an expired RIN. Pursuant to 40 CFR 80.1431(a), an 

expired RIN will be considered an invalid RIN. We 

are not reopening these regulations, nor the 

regulations associated with which RIN vintages are 

available for compliance under 40 CFR 1427(a). 

Any comments relating to these issues will be 

treated as beyond the scope of this action. 

27 40 CFR 80.1456(b)(4). 

28See Table 4: RFS2 RIN Retirements in EMTS 

Nested by RVO and Table 6: Cellulosic Waiver 

Credits Purchased Annually at https://

www.epa.gov/fuels-registration-reporting-andcompliance-help/annual-compliance-dataobligated-parties-and. 

29 40 CFR 80.1456(c)(2). 

the entire RFS program following the 

recent rulemaking and SRE petition 

decision delays. 

Under the proposed alternative RIN 

retirement schedule, a small refinery 

would be obligated to retire at least 20 

percent of its 2020 RVOs by the first 

quarterly RIN retirement deadline, at 

least 40 percent by the second quarterly 

RIN retirement deadline, and so on, as 

laid out in Table II.1 above, such that 

the full 2020 RVOs must be met on the 

final RIN retirement deadline of 

February 1, 2024. For example, under 

this proposed alternative RIN retirement 

schedule, if a small refinery retired RINs 

sufficient to meet 30 percent of its 2020 

RVOs by the 2020 compliance deadline 

of December 1, 2022, then it would not 

be obligated to retire additional RINs 

towards its 2020 RVOs until the second 

quarterly RIN retirement deadline (i.e., 

May 1, 2023), at which time it would be 

obligated to retire RINs equal to at least 

40 percent of its 2020 RVOs. 

We are also proposing to allow small 

refineries to use any valid RINs at the 

time of retirement for compliance, 

including RIN vintages after 2020 (i.e., 

2021, 2022, 2023, and 2024 RINs) until 

such RIN vintages expire (e.g., 2021 

RINs expire after the 2022 compliance 

deadline). This approach would allow 

small refineries access to additional 

RINs while maintaining compliance 

with our regulations regarding the 

validity and expiration of RINs.26 Given 

the relatively small proportion of the 

overall demand for RINs that is 

represented by all small refineries (i.e., 

less than 10 percent of the total RVO for 

any given year) and that there is likely 

only a limited number of small 

refineries that would utilize the 

proposed alternative RIN retirement 

schedule, we do not anticipate that this 

action will have any significant impact 

on the overall RIN market in future 

years. 

We are proposing to require small 

refineries to notify EPA of their intent 

to use the alternative RIN retirement 

schedule on or before the 2020 

compliance deadline. This notice would 

inform EPA as to which small refineries 

intend to use the alternative RIN 

retirement schedule and would allow 

EPA to monitor and track the progress 

of the small refineries towards full 

compliance with their 2020 RVOs. We 

are proposing to require a small refinery 

to send us a letter signed by the 

responsible corporate officer expressing 

their intent to comply using the 

alternative RIN retirement schedule. We 

intend to acknowledge receipt of the 

small refinery’s notification of their 

intent to comply using the alternative 

RIN retirement schedule. 

Under this proposal, we would still 

require that participating small 

refineries submit a 2020 annual 

compliance report by the 2020 

compliance deadline. The 2020 annual 

compliance report would be necessary 

to establish a small refinery’s 2020 

RVOs, which would be used by the 

small refinery to determine minimum 

RIN retirements for each installment 

under the alternative RIN retirement 

schedule, and for EPA to verify that the 

small refinery is meeting its quarterly 

RIN retirement obligations. 

We are also proposing that, as a 

condition to use the proposed 

alternative RIN retirement schedule, the 

obligated party that owns/operates the 

small refinery must, on its annual RFS 

compliance report, provide the 

individual-small refinery RVO for the 

2020 compliance year (i.e., comply on a 

refinery-basis for that small refinery). 

Under the RFS program, obligated 

parties must either comply with their 

RVOs on an individual-refinery basis or 

an aggregated basis (i.e., they combine 

the RVOs from all of their refineries). If 

an obligated party owns other refineries 

with RVOs in addition to the small 

refinery and complies on an aggregated 

basis, it would be unclear what portion 

of the aggregated RVOs apply to only 

the small refinery and whether the 

obligated party has met the RIN 

retirement quotas under the proposed 

alternative RIN retirement schedule. 

Therefore, as a condition for a small 

refinery to use the proposed alternative 

RIN retirement schedule, we are 

proposing that it must demonstrate 

compliance on an individual basis so 

that RINs can be retired for the specific 

small refinery’s RVOs. Similarly, we are 

proposing that if an obligated party 

carries forward a RIN deficit from 2019 

into 2020, that obligated party would 

need to comply on an individualrefinery basis for the 2019 compliance 

year as well. This condition would 

allow EPA to track the small refinery’s 

progress towards compliance with its 

2020 obligations more effectively, and 

would not unduly hinder obligated 

parties in making their compliance 

demonstrations. 

We are not proposing any changes to 

the regulatory provisions governing the 

use of cellulosic waiver credits (CWCs). 

The regulations currently state that 

CWCs ‘‘may only be used for an 

obligated party’s current-year cellulosic 

biofuel RVO and not towards any prior 

year deficit cellulosic biofuel volume 

obligations.’’ 27 We believe this 

approach is appropriate because, in 

recent years, the use of CWCs has 

decreased as obligated parties have 

largely been complying with their 

cellulosic RVO through RIN 

retirements.28 Accordingly, small 

refineries wishing to use CWCs for their 

2020 cellulosic biofuel RVO must 

purchase and use CWCs by the 2020 

compliance deadline.29 Additionally, 

allowing small refineries to use CWCs to 

meet their cellulosic biofuel RVO 

through the alternative RIN retirement 

schedule (i.e., after the 2020 compliance 

deadline) would introduce logistical 

challenges for EPA and small refineries 

that would complicate the 

implementation of the proposed 

alternative RIN retirement schedule. 

Moreover, it is unlikely that 

modifications to the CWC regulations 

would provide small refineries with a 

meaningful benefit in complying with 

their RFS obligations, when viewed in 

light of what we have already proposed 

in this alternative RIN retirement 

schedule. 

We are proposing that a participating 

small refinery would not be permitted to 

carry forward a RIN deficit from 2021 or 

a subsequent year into the following 

compliance year unless it had fully 

complied with its 2020 RFS obligations. 

We are proposing this condition as a 

prerequisite to carrying forward a future 

RIN deficit because we want to prevent 

the scenario in which a small refinery 

continuously accrues annual RIN 

deficits, placing it in the position where 

it is no longer capable of complying 

with its accrued RFS obligations. The 

proposed alternative RIN retirement 

schedule is intended to support small 

refineries in achieving and maintaining 

full compliance with their RFS 

obligations and get them on track for 

future compliance, not to permit them 

to indefinitely delay their compliance 

demonstrations. 

We note that all of the already 

existing regulatory flexibilities for small 

refineries—including the ability to 

satisfy up to 20 percent of their 2019 

RVOs using 2018 carryover RINs under 

40 CFR 80.1427(a)(5) and the ability to 


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35716 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Proposed Rules 

30 40 CFR 80.1427(a)(6), 80.1428(c). 31 40 CFR 80.1427(a)(6). 32 Information related to annual compliance and 

attest engagement reporting is available at https:// 

www.epa.gov/fuels-registration-reporting-andcompliance-help/reporting-fuel-programs. 

33We note that under this proposed alternative 

RIN retirement schedule, each participating small 

refinery would have to submit a notification letter, 

keep records of the submitted notification letter, 

and keep records of the methods and variables used 

to determine RIN retirements under the proposed 

alternative RIN retirement schedule. For purposes 

of estimating burden associated with reporting and 

recordkeeping as a result of this proposal, we count 

each small refinery three times. Because we 

estimate that 13 small refineries would elect to take 

advantage of the proposed alternative RIN 

retirement schedule, we estimate that the total 

number of respondents under this collection would 

be 39. 

carry forward a RIN deficit from 2019 to 

2020 if they did not carry forward a RIN 

deficit from 2018 under 40 CFR 

80.1427(b)—would continue to be 

available under the proposed alternative 

RIN retirement schedule. It should also 

be noted that other current RFS 

regulations will also remain in effect, 

including that small refineries that use 

2018 RINs to meet up to 20 percent of 

their 2019 RVOs must do so by the 2019 

compliance deadline because 2018 RINs 

expire after the 2019 compliance 

deadline and become invalid.30

Similarly, any 2019 RINs that a small 

refinery uses to satisfy up to 20 percent 

of its 2020 RVOs must be retired for 

compliance by the 2020 compliance 

deadline because 2019 RINs expire after 

the 2020 annual compliance deadline 

and become invalid.31 We are not 

proposing to modify these regulations 

and any comments suggesting that EPA 

make changes to these provisions will 

be considered beyond the scope of this 

action. 

As described above, participating 

small refineries would still be able to 

use any valid RINs at the time of 

retirement under the proposed 

alternative RIN retirement schedule. We 

believe that this proposed approach 

would encourage participating small 

refineries to retire a maximum number 

of 2019 RINs for their 2020 RVOs while 

providing flexibility for small refineries 

to obtain and retire valid RINs for 2021, 

2022, 2023, and 2024 to satisfy their 

2020 RVOs. 

To help implement the alternative 

RIN retirement schedule for 

participating small refineries, we intend 

to assist parties with procedures for 

submitting forms that they would use. 

For example, we plan to leverage 

existing forms and procedures for the 

submission of reports and transactions 

under our e-reporting systems. Due to 

the limited number of small refineries, 

we plan to work individually with 

participating small refineries. To further 

help communicate this alternative RIN 

retirement schedule for small refineries, 

we also intend to post the deadlines for 

the final alternative RIN retirement 

schedule on our website.32

We are requesting comment on all 

aspects of the proposed alternative RIN 

retirement schedule for small refineries 

as described and defined in this notice. 

For example, we seek comment on the 

appropriate number and size of the RIN 

retirement installments included in the 

schedule (e.g., whether five quarterly 

installments are too many or too few or 

whether we should require a different 

percentage of RIN retirements at each 

deadline). We also seek comment on the 

proposed condition that participating 

small refineries may not carry forward 

a RIN deficit for future years until their 

2020 RVOs have been fully satisfied. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is a significant regulatory 

action that was submitted to the Office 

of Management and Budget (OMB) for 

review because it raises novel legal or 

policy issues. Any changes made in 

response to OMB recommendations 

have been documented in the docket. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the PRA. The Information Collection 

Request (ICR) document that the EPA 

prepared has been assigned EPA ICR 

number 2718.01. You can find a copy of 

the ICR in the docket for this rule, and 

it is briefly summarized here. 

The information to be collected is 

necessary to implement the proposed 

alternative RIN retirement schedule for 

small refineries. As part of this 

proposal, a participating small refinery 

would submit a notification to EPA 

indicating that the small refinery would 

use the proposed alternative RIN 

retirement schedule and maintain 

records related to the determination and 

retirement of RINs under the proposed 

alternative RIN retirement schedule. We 

estimate that 13 small refineries would 

use the proposed alternative RIN 

retirement schedule. 

Respondents/affected entities: small 

refineries. 

Respondent’s obligation to respond: 

Mandatory in order to receive 

compliance flexibility under section 

80.1444 of this proposed rule. 

Estimated number of respondents: 

39.33

Frequency of response: Notification 

letters would typically be a one-time 

response. Recordkeeping is performed 

on occasion, and as needed. 

Total estimated burden: 19 hours (per 

year). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $1,710, all of 

which is labor costs, and which 

includes $0 annualized capital or 

operation & maintenance costs. 

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. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates and any suggested methods 

for minimizing respondent burden to 

the EPA using the docket identified at 

the beginning of this rule. The EPA will 

respond to any ICR-related comments in 

the final rule. You may also send your 

ICR-related comments to OMB’s Office 

of Information and Regulatory Affairs 

using the interface at www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under Review— 

Open for Public Comments’’ or by using 

the search function. OMB must receive 

comments no later than August 12, 

2022. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, EPA concludes that the 

impact of concern for this proposed rule 

is any significant adverse economic 

impact on small entities and that the 

agency is certifying that this rulemaking 

will not have a significant economic 

impact on a substantial number of small 

entities if the proposed rule has no net 

burden on the small entities subject to 

the proposed rule. This action reduces 

burden to small refineries by creating an 

alternative RIN retirement schedule for 

their 2020 RVOs. As small refineries 

have no obligation to use the proposed 

alternative RIN retirement schedule, 

there is no additional cost to small 

refineries if they simply comply with 


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the existing regulatory schedule. We do 

not anticipate that there will be any 

costs associated with these changes and 

that the alternative RIN retirement 

schedule may reduce costs. We have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action imposes no enforceable duty on 

any state, local or tribal governments. 

Requirements for the private sector do 

not exceed $100 million in any one 

year. 

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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This proposed rule only 

affects RFS obligated parties. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This action proposes to provide small 

refineries with an alternative RIN 

retirement schedule to meet their 2020 

RVOs. There are no additional costs for 

sources in the energy supply, 

distribution, or use sectors. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action does not involve technical 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because it 

does establish an environmental health 

or safety standard. This action addresses 

the 2020 compliance deadline for small 

refineries only and does not impact the 

RFS standards themselves. 

IV. Statutory Authority 

Statutory authority for this action 

comes from section 211(o) of the Clean 

Air Act, 42 U.S.C. 7545(o). 

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, Penalties, Petroleum, 

Renewable fuel, Reporting and 

recordkeeping requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, EPA proposes to amend 40 

CFR part 80 as follows: 

PART 80—REGISTRATION OF FUELS 

AND FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7542, 

7545, and 7601(a). 

Subpart M—Renewable Fuel Standard 

■ 2. Add § 80.1444 to read as follows: 

§ 80.1444 Alternative RIN retirement 

schedule for small refineries. 

(a) Applicability. The provisions of 

this section apply to the following 

compliance years: 

(1) 2020. 

(2) [Reserved] 

(b) Eligibility. (1) Any obligated party 

that has a refinery that meets the 

requirements for a small refinery under 

§ 80.1441(e)(2)(iii) for the applicable 

compliance year in paragraph (a) of this 

section (hereinafter the ‘‘applicable 

compliance year’’) is eligible to use the 

provisions of this section for each small 

refinery it operates (hereinafter the 

‘‘small refinery’’). 

(c) Treatment of RVOs. (1) In lieu of 

retiring sufficient RINs under 

§ 80.1427(a) to demonstrate compliance 

with the small refinery’s RVOs for the 

applicable compliance year by the 

applicable compliance deadline, the 

obligated party must meet all the 

requirements of this section and all 

other applicable requirements of this 

subpart. 

(2) If the obligated party does not 

meet all of the requirements in this 

section, the obligated party is subject to 

the requirements of § 80.1427(a). 

(d) Individual facility compliance. (1) 

If the obligated party carries a deficit 

into the applicable compliance year 

from the previous compliance year, the 

obligated party must comply with its 

RVOs for each refinery it operates on an 

individual basis (as specified in 

§ 80.1406(c)) for both the previous 

compliance year and the applicable 

compliance year. 

(2) If the obligated party does not 

carry a deficit into the applicable 

compliance year from the previous 

compliance year, the obligated party 

must comply with its RVOs for each 

refinery it operates on an individual 

basis (as specified in § 80.1406(c)) for 

the applicable compliance year. 

(e) Compliance report submission and 

notification. The obligated party must 

do all the following by the annual 

compliance reporting deadline specified 

in § 80.1451(f)(1)(i) for the applicable 

compliance year (hereinafter the 

‘‘applicable compliance deadline’’): 

(1) Submit an annual compliance 

report for the small refinery for the 

applicable compliance year. 

(2) Notify EPA in a letter signed by 

the responsible corporate officer (RCO) 

or RCO delegate, as specified at 40 CFR 

1090.800(d), of its intent to use the 

provisions of this section for the small 

refinery. 

(f) Alternative RIN retirement 

schedule. The obligated party must 

retire sufficient RINs to satisfy the 

minimum percentages of each and every 

RVO for the applicable compliance year 

(as determined under § 80.1407(a)) 

according to the following RIN 

retirement schedule: 

(1) 2020 compliance year: 

TABLE 1 TO PARAGRAPH (f)(1)—2020 

COMPLIANCE YEAR RIN RETIREMENT SCHEDULE

Minimum 2020 RVOs 

percentage RIN 

retirement 

Deadline 

20% ........................... February 1, 2023. 


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TABLE 1 TO PARAGRAPH (f)(1)—2020 

COMPLIANCE YEAR RIN RETIREMENT SCHEDULE—Continued 

Minimum 2020 RVOs 

percentage RIN 

retirement 

Deadline 

40% ........................... May 1, 2023. 

60% ........................... August 1, 2023. 

80% ........................... November 1, 2023. 

100% ......................... February 1, 2024. 

(2) [Reserved] 

(g) RIN vintages and retirements. (1) 

The obligated party may retire for 

compliance any valid RINs at the time 

of retirement towards the small 

refinery’s RVOs for the applicable 

compliance year and is exempt from the 

requirements in § 80.1427(a)(6)(i). 

(2) The obligated party must not retire 

for compliance any prior-year RINs for 

the small refinery’s RVOs after the 

applicable compliance deadline. 

(h) Deficit carry-forward for 

subsequent compliance years. The 

obligated party may not carry forward 

any deficit under § 80.1427(b) for the 

small refinery for compliance years after 

the applicable compliance year until it 

has retired sufficient RINs to satisfy 

each and every RVO for the applicable 

compliance year in its entirety. 

(i) Forms and procedures. The 

obligated party must submit annual 

compliance reports and retire RINs 

under this section using forms and 

procedures specified by EPA under 

§§ 80.1451(j) and 80.1452(d). 

■ 3. Amend § 80.1454 by adding 

paragraph (a)(7) to read as follows: 

§ 80.1454 What are the recordkeeping 

requirements under the RFS program? 

(a) * * * 

(7) Any obligated party that uses the 

provisions of § 80.1444 for a small 

refinery must keep the following 

records: 

(i) Copies of any notifications 

submitted to EPA under § 80.1444(e)(2). 

(ii) Copies of the methods and 

variables used to calculate the number 

of RINs retired for the alternative RIN 

retirement schedule under § 80.1444(f). 

* * * * * 

[FR Doc. 2022–12375 Filed 6–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 525 and 531 

[NHTSA–2008–0115] 

Exemptions From Average Fuel 

Economy Standards; Passenger 

Automobile Average Fuel Economy 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: NHTSA is withdrawing a 

proposed decision granting an 

exemption to Mosler Automotive 

(Mosler) from the industry-wide 

passenger car Corporate Average Fuel 

Economy standard for model years 

2008–2010 and setting alternative 

standards for Mosler for those model 

years. Mosler did not produce any 

vehicles during those model years, and 

therefore granting the exemption would 

serve no useful purpose. 

DATES: NHTSA is withdrawing the 

proposed rule published June 17, 2008 

(73 FR 34242) as of June 13, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Bayer, Engineer, Fuel Economy 

Division, Office of Rulemaking, by 

phone at (202) 366–9540 or by fax at 

(202) 493–2290 or Hannah Fish, 

Attorney Advisor, Vehicle Standards 

and Harmonization, Office of the Chief 

Counsel, by phone at (202) 366–2992 or 

by fax at (202) 366–3820. 

SUPPLEMENTARY INFORMATION: NHTSA 

received a petition from Mosler on June 

19, 2007, seeking exemption from the 

passenger automobile fuel economy 

standards for model years (MYs) 2008 

through 2010. In its petition, Mosler 

stated that it manufactured 15 vehicles 

in 2004. Mosler estimated that it would 

produce 40 vehicles in 2008, 50 vehicles 

in 2009, and 60 vehicles in 2010. 

NHTSA published a proposed decision 

establishing an alternative standard for 

Mosler for MYs 2008–2010 at 73 FR 

34242 (June 17, 2008). NHTSA has since 

confirmed that Mosler did not produce 

any vehicles for those model years. 

Therefore, NHTSA is withdrawing the 

June 17, 2008 proposed grant of 

exemption and establishment of 

alternative standards, because granting 

the exemption would serve no useful 

purpose. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95. 

Steven S. Cliff, 

Administrator. 

[FR Doc. 2022–12601 Filed 6–10–22; 8:45 am] 

BILLING CODE 4910–59–P 


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