[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 26049-26053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10854]



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

[[Page 26049]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-9147-7]
RIN 2060-AQ31


Regulation of Fuels and Fuel Additives: Modifications to 
Renewable Fuel Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend certain of the Renewable Fuel 
Standard program regulations published on March 26, 2010, that are 
scheduled to take effect on July 1, 2010 (the ``RFS2 regulations''). 
Following publication of the RFS2 regulations, promulgated in response 
to the requirements of the Energy Independence and Security Act of 
2007, EPA discovered some technical errors and areas within the final 
RFS2 regulations that could benefit from clarification or modification. 
This proposed rule would amend the RFS2 regulations to make the 
appropriate corrections, clarifications, and modifications.

DATES: Written comments must be received by June 9, 2010. A request for 
a public hearing must be received by May 25, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0161, by mail to Air and Radiation Docket, Docket No. EPA-HQ-
OAR-2005-0161, Environmental Protection Agency, Mail Code: 6406J, 1200 
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of 
2 copies. Comments may also be submitted electronically or through hand 
delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
this Federal Register.

FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and 
Innovative Strategies Division, Office of Transportation and Air 
Quality, Mail Code: 6405J, Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., 20460; telephone number: (202) 343-9473; fax 
number: (202) 343-2802; e-mail address: <a href="/cdn-cgi/l/email-protection#1a78687b79726e7634777f7d7b745a7f6a7b347d756c"><span class="__cf_email__" data-cfemail="88eafae9ebe0fce4a6e5edefe9e6c8edf8e9a6efe7fe">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Why is EPA issuing this proposed rule?

    This document proposes to amend the Renewable Fuel Standard program 
regulations that were published on March 26, 2010, at 75 FR 14670 (the 
``RFS2 regulations''). We have published a direct final rule which 
amends the Renewable Fuel Standard program requirements in the ``Rules 
and Regulations'' section of this Federal Register because we view this 
as a noncontroversial action and anticipate no adverse comment. We have 
explained our reasons for this action in the preamble to the direct 
final rule.
    If we receive no adverse comment or request for public hearing, we 
will not take further action on this proposed rule. If we receive 
adverse comment or a request for public hearing on a distinct provision 
of this rulemaking, we will publish a timely withdrawal in the Federal 
Register indicating which provisions we are withdrawing, and those 
provisions will not take effect. The provisions that are not withdrawn 
will become effective on the date set out in the direct final rule, 
notwithstanding adverse comment or a request for hearing on any other 
provision. We would address all public comments in any subsequent final 
rule based on this proposed rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Entities potentially affected by this action include those involved 
with the production, distribution and sale of transportation fuels, 
including gasoline and diesel fuel, or renewable fuels such as ethanol 
and biodiesel. Regulated categories and entities affected by this 
action include:

------------------------------------------------------------------------
                                     NAICS    SIC        Examples of
             Category                codes   codes       potentially
                                      \a\     \b\    regulated  parties
------------------------------------------------------------------------
Industry..........................   324110   2911  Petroleum refiners,
                                                     importers.
Industry..........................   325193   2869  Ethyl alcohol
                                                     manufacturers.
Industry..........................   325199   2869  Other basic organic
                                                     chemical
                                                     manufacturers.
Industry..........................   424690   5169  Chemical and allied
                                                     products merchant
                                                     wholesalers.
Industry..........................   424710   5171  Petroleum bulk
                                                     stations and
                                                     terminals.
Industry..........................   424720   5172  Petroleum and
                                                     petroleum products
                                                     merchant
                                                     wholesalers.
Industry..........................   454319   5989  Other fuel dealers.
------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ 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 
your entity is regulated by this action, you should carefully examine 
the applicability criteria of part 80, subparts D, E and F of title 40 
of the Code of Federal Regulations. If you have any questions regarding 
applicability of this action to a particular entity, consult the person 
in the preceding FOR FURTHER INFORMATION CONTACT section above.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments, 
remember to:

[[Page 26050]]

    <bullet> Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
    <bullet> Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    <bullet> Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
    <bullet> Describe any assumptions and provide any technical 
information and/or data that you used.
    <bullet> If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    <bullet> Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    <bullet> Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
    <bullet> Make sure to submit your comments by the comment period 
deadline identified.
    C. Docket Copying Costs. You may be charged a reasonable fee for 
photocopying docket materials, as provided in 40 CFR part 2.

IV. Renewable Fuel Standard (RFS2) Program Amendments

    EPA is proposing to amend certain of the Renewable Fuel Standard 
regulations published on March 26, 2010, at 75 FR 14670 (the ``RFS2 
regulations'') that are scheduled to take effect on July 1, 2010. 
Following publication of the RFS2 regulations, EPA discovered some 
technical errors and areas that could benefit from clarification or 
modification. As a result, we are proposing to make the following 
amendments to the RFS2 regulations at 40 CFR part 80, subpart M.

A. Summary of Amendments

    Many of the amendments that we are proposing to amend would address 
grammatical or typographical errors or provide clarification of 
language contained in the final RFS2 regulations. As such, these items 
are listed in the ``RFS2 Program Amendments'' table, which can be found 
in the direct final rule that we have published in the ``Rules and 
Regulations'' section of this Federal Register. A few amendments are 
being proposed in order to correct regulatory language that 
inadvertently misrepresented our intent as reflected in the preamble to 
the final RFS2 regulations. We have provided additional explanation for 
several of these proposed amendments in the sections IV.B through IV.M 
below. For additional information and the text of the proposed 
regulatory changes, see the direct final rule which is located in the 
Rules section of this Federal Register.

B. Advanced Technologies for Renewable Fuel Pathways

    The final RFS2 rule includes two corn ethanol pathways in Table 1 
of Sec.  80.1426 that require the use of advanced technologies at the 
production facility as a prerequisite to the generation of RINs. The 
advanced technologies are listed in Table 2 of Sec.  80.1426. However, 
only three of these advanced technologies are explicitly defined in 
Sec.  80.1401. To clarify our intent with regard to implementation of 
these advanced technologies, we are proposing to create new definitions 
for membrane separation and raw starch hydrolysis. We are also 
proposing to replace the existing definition of ``fractionation of 
feedstocks'' with a definition for ``corn oil fractionation'' to be 
more consistent with the terminology used in Table 2 of Sec.  80.1426. 
Finally, we propose to modify the definition of ``combined heat and 
power (CHP)'' and clarify in Table 2 of Sec.  80.1426 the degree to 
which it, as well as the other advanced technologies, must be 
implemented in order to represent a valid advanced technology for the 
generation of RINs.

C. Baseline Production Volume for All Renewable Fuel Production 
Facilities

    Section 80.1450(b)(1)(v) currently requires information pertinent 
to facilities described in Sec.  80.1403(c) and (d), i.e., those 
facilities for which the renewable fuel would be exempted 
(``grandfathered'') from the requirement of 20 percent GHG emission 
reduction. We propose to modify Sec.  80.1450(b)(1)(v) to require all 
renewable fuel producers to include information on their facilities' 
baseline volume when registering for RFS2 in order for EPA to verify 
renewable fuel production volumes and RIN generation reports. 
Specifically, all owners and operators of renewable fuel facilities, 
including those described in Sec.  80.1403(c) and (d), would be 
required to submit copies of their most recent air permits. In 
addition, the facilities described in Sec.  80.1403(c) would be 
required to submit copies of air permits issued no later than December 
19, 2007; those described in Sec.  80.1403(d) would be required to 
submit copies of air permits issued no later than December 31, 2009. 
Thus, for those facilities we would have information on permitted 
capacity for 2007 and 2009 from which baseline volumes would be 
determined. We would also have the most recent permitted capacity for 
those facilities. In case of discrepancies in permitted capacity 
between the most recent permits and those representing operation in 
2007 and 2009, EPA would be able to ask for additional information. The 
information required to establish when construction of the 
grandfathered facilities commenced would be contained in Sec.  
80.1450(b)(vi), since Sec.  80.1450(b)(v) would address only baseline 
volume.

D. Foreign Ethanol Producers

    We propose to add a new definition of ``foreign ethanol producer'' 
to Sec.  80.1401 that describes foreign producers that produce ethanol 
for use in transportation fuel, heating oil or jet fuel but who do not 
add denaturant to their product, and therefore do not technically 
produce ``renewable fuel'' as defined in our regulations. We also 
propose to add amendments to the registration provisions at Sec.  
80.1450(b) to require the registration of these parties if the ethanol 
they produce is used to make renewable fuel for which RINs are 
ultimately generated. The result of these changes would be to require 
foreign ethanol facilities that produce ethanol that ultimately becomes 
part of a renewable fuel for which RINs are generated to provide EPA 
the same registration information as foreign renewable fuel facilities 
that export their product to the United States. In both cases the 
proposed registration information is important for enforcement 
purposes, including verifying the use of renewable biomass as feedstock 
and the assignment of appropriate D codes. The changes proposed today 
conform the regulations to EPA's intent at the time the RFS2 
regulations were issued.

E. Permitted Capacity

    EPA is proposing to modify the definition of ``permitted capacity'' 
to reference the specific permits, by year, which are to be used in 
establishing the permitted capacity of facilities claiming the 
exemptions specified in Sec.  80.1403(c) and (d). Permitted capacity is 
one means by which ``baseline volume'' is determined for purposes of 
these exemptions. The registration provisions in the existing 
regulations at Sec.  80.1450(b)(1)(v)(C) accurately identify the 
permits (by year) that are relevant in establishing ``permitted 
capacity'' for facilities claiming the exemptions in Sec.  80.1403(c) 
and (d), but EPA neglected to include comparable references in the 
existing definition of ``permitted capacity.'' Today's proposed 
amendments would help to clarify the regulations by adding comparable

[[Page 26051]]

references in the definition of ``permitted capacity.''

F. Definition for ``Naphtha''

    The final RFS2 rule includes the term naphtha in Table 1 to Sec.  
80.1426 in the form of both ``naphtha'' and ``cellulosic naphtha.'' The 
final rule also includes a definition of naphtha in Sec.  80.1401 
indicating that naphtha must be a renewable fuel or fuel blending 
component. Since naphtha is generally not used as transportation fuel 
in its neat form, requiring naphtha to be renewable fuel could cause 
confusion. Therefore, we are proposing to modify the definition of 
naphtha to indicate that it must be a blendstock or fuel blending 
component.

G. Grandfathering Exemption for Renewable Fuel Production Facilities

    Section 80.1403(c)(2) requires as a condition of the exemption from 
the 20 percent greenhouse gas (GHG) emission reduction that 
construction of the renewable fuel facility be completed within 36 
months of commencement. In the proposed RFS2 rule, however, the 
regulatory language required completion of construction within 36 
months of EISA enactment, which would be December 19, 2010. In 
preparing the final rulemaking package we mistakenly removed the 
proposed language. Today's proposed amendments provide that 
construction must be completed within 36 months of December 19, 2007, 
for facilities that commenced construction prior to that date. For 
facilities that commenced construction after that date, as described in 
Sec.  80.1403(d), the requirement would remain that construction must 
be completed within three years of commencement of construction.

H. Use of RFS1 RINs for RFS2 Compliance in 2010

    The RFS2 final rule allows RFS1 RINs to be used for compliance 
purposes under RFS2. With regard to biodiesel and renewable diesel, the 
regulations at Sec.  80.1427(a)(4)(i) indicate that RFS1 RINs with a D 
code of 2 and RR code of 15 or 17 may be deemed equivalent to an RFS2 
RIN with a D code of 4 representing biomass-based diesel. The RR codes 
of 15 and 17 were included in this provision because they are 
indicative of biodiesel and renewable diesel, respectively, as 
described in the assignment of Equivalence Values in Sec.  80.1415. 
However, EPA also approved an Equivalence Value of 1.6 for a particular 
renewable fuel diesel substitute that is compositionally similar to 
biodiesel. Therefore, we are proposing to modify the RFS1/RFS2 
transition provisions at Sec.  80.1427(a)(4)(i) to also allow RFS1 RINs 
with a D code of 2 and RR code of 16 to be deemed equivalent to an RFS2 
RIN with a D code of 4.

I. Engineering Review

    We propose to amend Sec.  80.1450(b)(2)(i)(A) and Sec.  
80.1450(b)(2)(i)(B) to clarify the types of professional engineers who 
may qualify to conduct the third-party engineering review for renewable 
fuel facilities located in the United States or in a foreign country. 
The original requirements in the final regulations in Sec.  
80.1450(b)(2)(i)(A) state that domestic renewable fuel production 
facilities must have an engineering review conducted by a 
``Professional Chemical Engineer.'' For foreign facilities, Sec.  
80.1450(b)(2)(i)(B) provides that the review should be conducted by ``a 
licensed professional engineer or foreign equivalent who works in the 
chemical engineering field.'' EPA interprets these provisions similarly 
but is proposing to amend the regulations to clarify that the 
requirements are the same. For both domestic and foreign facilities the 
third party engineering review would be conducted by a professional 
engineer (or foreign equivalent) who works in the chemical engineering 
field. EPA views renewable fuel production to fall generally within the 
chemical engineering field, and is proposing to amend the regulations 
to clarify that professional work experience related to renewable fuel 
production will satisfy this requirement. As required in Sec.  
80.1450(b)(2)(ii)(E), the professional engineer would provide to EPA 
documentation of their qualifications to conduct the engineering 
review, including but not limited to proof of a license as a 
professional engineer and relevant work experience. Additional language 
is proposed to clarify that the professional engineer must also be an 
independent third-party, which would be further defined in Sec.  
80.1450(b)(2)(ii), to qualify to conduct the engineering review.

J. Process Heat Fuel Supply Plan

    We are proposing to move the requirements for the process heat fuel 
supply plan from Sec.  80.1450(b)(3) and to insert them under Sec.  
80.1450(b)(1)(iv) to minimize duplicative requirements and to provide 
clear instruction that the process heat fuel supply plan is required to 
be submitted as part of registration and is subject to verification in 
the engineer review required in Sec.  80.1450(b)(2).
    The requirements for the process heat fuel supply plan would be 
divided into two subparts in these proposed amendments. Section 
80.1450(b)(1)(iv)(A) would be applicable to all renewable fuel 
producers and require submissions of information on any process heat 
fuel that is used at a renewable fuel facility. Examples of process 
heat fuel include biomass, biogas, coal, and natural gas. The 
information proposed to be submitted on the type of process heat fuel 
and its supply source would help EPA determine if a renewable fuel 
facility qualifies as a grandfathered facility pursuant to Sec.  
80.1403(d) and help verify a producer's fuel pathway pursuant to Table 
1 to Sec.  80.1426.
    The information proposed to be submitted under Sec.  
80.1450(b)(1)(iv)(B) for renewable fuel producers using biogas as 
process heat fuel would help EPA verify the contractual pathway of the 
biogas from the supplier to the renewable fuel facility for the 
purposes of confirming the applicable fuel pathway pursuant to Table 1 
to Sec.  80.1426 and to Sec.  80.1426(f)(12).
    The information proposed to be submitted under Sec.  
80.1450(b)(1)(iv)(A) and (b)(1)(iv)(B) would also help EPA in our 
evaluation of the engineering review that is conducted and submitted by 
an independent third party engineer pursuant to Sec.  80.1450(b)(2). 
Since the requirements for the process heat fuel supply plan would be 
revised and relocated within the regulations under the proposed 
amendments, the requirements stipulated in the original Sec.  
80.1450(b)(3)(ii) through (iv) would be deleted to avoid redundancy.

K. Updating Registration To Account for Facility Changes Not Affecting 
the Renewable Fuel Category

    Section 80.1450(d)(2) currently requires producers of renewable 
fuel to update their facility registration seven (7) days prior to any 
change to the facility that does not affect the renewable fuel category 
for which the producer is registered. EPA is proposing to revise Sec.  
80.1450(d)(2) to narrow the scope of changes that would require a 
producer to update their registration. The revisions would clarify that 
not just any change, but only changes to the facility that actually 
affect the information submitted to EPA in the producer's original 
registration, would trigger such a registration update.

L. Applicability of the Renewable Biomass Aggregate Compliance Approach

    Sections 80.1451 and 80.1454 include requirements for renewable 
fuel producers to report and maintain records to affirm that their 
feedstocks

[[Page 26052]]

meet the definition of renewable biomass and come from qualifying land. 
Through proposed amendments to these two sections, EPA would clarify 
our intent, as discussed in the preamble to the final RFS2 regulations, 
that producers, either domestic or foreign, who use crops and crop 
residue from existing U.S. agricultural land be covered by the 
renewable biomass aggregate compliance approach for those particular 
feedstocks, as described in Sec.  80.1454(g), and need not keep 
detailed records or report to EPA concerning whether those particular 
feedstocks meet the definition of renewable biomass. However, if a 
producer (domestic or foreign) uses any type of feedstock other than 
crops and crop residue from existing U.S. agricultural land, then he or 
she must keep records and report to EPA to demonstrate that their 
feedstocks meet the definition of renewable biomass. This would include 
maintaining records that show that the feedstock type is one allowed 
under the renewable biomass definition under the RFS2 regulations and 
that the feedstock is harvested from qualifying lands, where 
applicable.

M. Additional Recordkeeping Requirements for Renewable Fuel Producers 
Using Separated Yard and Food Waste as a Feedstock

    Section 80.1454(d)(3) currently requires that domestic renewable 
fuel producers using feedstock other than planted trees or tree residue 
from actively managed tree plantations, slash or pre-commercial 
thinnings from non-federal forestland, biomass from areas at risk of 
wildfire, crops or crop residue covered by the aggregate compliance 
approach under Sec.  80.1454(g), or any feedstock covered by an 
alternative biomass tracking approach under Sec.  80.1454(h) must 
maintain documents from their feedstock supplier certifying that their 
feedstocks meet the definition of renewable biomass. While separated 
yard and food waste falls into this category, parties using these 
feedstocks are also subject to the additional recordkeeping 
requirements in Sec.  80.1454(j). Therefore, EPA is proposing to revise 
Sec.  80.1454(d)(3) to clarify that renewable fuel producers that use 
separated yard and food waste as a feedstock are subject to the 
additional requirements in Sec.  80.1454(j).

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this action is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The corrections, clarifications, and modifications to the final RFS2 
regulations contained in this rule are within the scope of the 
information collection requirements submitted to the Office of 
Management and Budget (OMB) for the final RFS2 regulations. OMB has 
partially approved the information collection requirements contained in 
the existing regulations at 40 CFR part 80, subpart M under the 
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and 
has assigned OMB control number 2060-0637. The remaining RFS2 
information collection requirements are currently pending approval at 
OMB (EPA ICR No. 2333.02). The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this action on small 
entities, I certify that this proposal will not have a significant 
economic impact on a substantial number of small entities. This 
proposal will not impose any requirements on small entities that were 
not already considered under the final RFS2 regulations, as it makes 
relatively minor corrections and modifications to those regulations. We 
continue to be interested in the potential impacts of the proposed rule 
on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act

    This proposal does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
We have determined that this action will not result in expenditures of 
$100 million or more for the above parties and thus, this rule is not 
subject to the requirements of sections 202 or 205 of UMRA.
    This proposal is also not subject to the requirements of section 
203 of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. It only applies to 
gasoline, diesel, and renewable fuel producers, importers, distributors 
and marketers and makes relatively minor corrections and modifications 
to the RFS2 regulations.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132. This action only applies to 
gasoline, diesel, and renewable fuel producers, importers, distributors 
and marketers and makes relatively minor corrections and

[[Page 26053]]

modifications to the RFS2 regulations. Thus, Executive Order 13132 does 
not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
from State and local officials.

F. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    This proposal does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It applies to 
gasoline, diesel, and renewable fuel producers, importers, distributors 
and marketers. This action makes relatively minor corrections and 
modifications to the RFS regulations, and does not impose any 
enforceable duties on communities of Indian tribal governments. Thus, 
Executive Order 13175 does not apply to this action. Nonetheless, EPA 
specifically solicits additional comment on this proposed action from 
tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This proposal is not subject to Executive Order 13211 (66 FR 18355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposal will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. These proposed amendments would not relax the control 
measures on sources regulated by the RFS regulations and therefore 
would not cause emissions increases from these sources.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Agriculture, Air pollution control, Confidential business information, 
Diesel Fuel, Energy, Forest and forest products, Fuel additives, 
Gasoline, Imports, Motor vehicle pollution, Penalties, Petroleum, 
Reporting and recordkeeping requirements.

    Dated: April 30, 2010.
Lisa P. Jackson,
Administrator.
[FR Doc. 2010-10854 Filed 5-7-10; 8:45 am]
BILLING CODE 6560-50-P


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