29948 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

Under the provisions of 33 CFR 

165.1191, unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or anchoring in 

the safety zone during all applicable 

effective dates and times, unless 

authorized to do so by the PATCOM. 

Additionally, each person who receives 

notice of a lawful order or direction 

issued by an official patrol vessel shall 

obey the order of direction. The 

PATCOM is empowered to forbid entry 

into and control the regulated area. The 

PATCOM shall be designated by the 

Commander, Coast Guard Sector San 

Francisco. The PATCOM may, upon 

request, allow the transit of commercial 

vessels through regulated areas when it 

is safe to do so. 

This notice is issued under authority 

of 33 CFR 165.1191 and 5 U.S.C. 552 (a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners. 

If the Captain of the Port determines 

that the regulated area need not be 

enforced for the full duration stated in 

this notice, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: June 8, 2009. 

P.M. Gugg, 

Captain, U.S. Coast Guard Captain of the 

Port San Francisco . 

[FR Doc. E9–14770 Filed 6–23–09; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 60 (§ 60.1 to end of 

part 60 sections), revised as of July 1, 

2008, on page 637, in § 60.664, the 

equation in paragraph (f)(1) introductory 

text is corrected to read as follows: 

§ 60.664 Test methods and procedures. 

* * * * * 

(f) * * * 

(1) * * * 

TRE

E a bQ cQ dQ H eQ H f Y

TOC

= + ( )s s sT s T s + ( ) + ( )( ) + ( ) ( ) +

1 0 88 0 88 . . 0 88 .

( ) ⎡

⎣ ⎤⎦

0 5.

* * * * * 

[FR Doc. E9–14992 Filed 6–23–09; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA EPA–HQ–OAR–2005–0161; FRL–8922– 

6] 

RIN 2060–AO80 

Regulation of Fuels and Fuel 

Additives: Modifications to Renewable 

Fuel Standard Program Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing amendments 

to the Renewable Fuel Standard 

program requirements. Following 

publication of the May 1, 2007, final 

rule promulgating the Renewable Fuel 

Standard regulations, EPA discovered a 

number of technical errors and areas 

within the regulations that could benefit 

from clarification or modification. In 

parallel proposed and direct final rules 

published on October 8, 2008, EPA 

proposed to amend the regulations to 

make the appropriate corrections, 

clarifications and modifications. 

However, EPA received adverse 

comment on several provisions in the 

parallel proposed and direct final rules 

and, on November 26, 2008, withdrew 

those provisions from the direct final 

rule that drew adverse comment. In 

today’s action, EPA is addressing the 

comments received on the portions of 

the direct final rule that were 

withdrawn and is finalizing those 

withdrawn provisions with minor 

clarifying changes. 

DATES: This final rule is effective on 

August 24, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2005–0161. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Air and Radiation Docket, ID 

No. EPA–HQ–OAR–2005–0161, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air and Radiation 

Docket is (202) 566–9744. 

FOR FURTHER INFORMATION CONTACT: Meg 

McCarthy, Compliance and Innovative 

Strategies Division, Office of 

Transportation and Air Quality (6406J), 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 20460; 

telephone number: (202) 343–9968; fax 

number: (202) 343–2802; e-mail address: 

mccarthy.meg@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

Entities potentially affected by this 

action include those involved with the 

production, importation, distribution 

and sale of gasoline motor fuel or 

renewable fuels such as ethanol and 

biodiesel. Regulated categories and 

entities affected by this action include: 


EC16NO91.104
Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29949 

Category NAICS codes a SIC codes b Examples of potentially 

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). 

bStandard 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, subpart 

K of title 40 of the Code of Federal 

Regulations. If you have any question 

regarding applicability of this action to 

a particular entity, consult the person in 

the preceding FOR FURTHER INFORMATION

CONTACT section above. 

II. Renewable Fuel Standard Program 

Amendments 

EPA issued final regulations 

implementing the Renewable Fuel 

Standard Program on May 1, 2007. EPA 

subsequently identified a number of 

technical errors and ambiguities in the 

regulations and, in parallel proposed 

and direct final rules published on 

October 2, 2008, proposed to amend the 

regulations to correct these deficiencies. 

EPA received adverse comment on 

certain of the proposed changes, so, on 

November 26, 2008, formally withdrew 

the portions of the direct final rule that 

were the subject of adverse comment. 

Those provisions consisted of 

amendments to 40 CFR 80.1129(b)(1) 

and 80.1129(b)(8) (providing that a party 

with a small refinery or small refiner 

exemption may only separate RINs that 

have been assigned to a volume of 

renewable fuel that the party blends into 

motor vehicle fuel), 40 CFR 

80.1129(b)(4) (providing that any party 

may separate the RINs from renewable 

fuel that it produces or markets for use 

in motor vehicles, or uses in motor 

vehicles without further blending), and 

40 CFR 80.1131(a)(8) and 80.1131(b)(4) 

(changing the location in the RFS 

regulations of a provision stating that a 

RIN that is transferred to two or more 

parties is considered an invalid RIN 

unless EPA in its sole discretion 

determines that some portion of these 

RINs is valid). EPA published a parallel 

proposed rule (73 FR 57274) on the 

same day as the direct final rule. The 

proposed rule invited comment on the 

substance of the direct final rule and 

indicated that a second comment period 

would not be offered on the proposal in 

the event that portions of the direct final 

rule were withdrawn in response to 

adverse comment. In this action, we are 

responding to the comments received on 

the portions of the direct final rule that 

were withdrawn, and we are finalizing 

the proposed technical corrections with 

minor clarifying changes. 

A. Separating RINs: Parties With Small 

Refiner or Small Refinery Exemption 

EPA proposed the addition of 40 CFR 

80.1129(b)(8) and a conforming change 

to 80.1129(b)(1) to clarify that a party 

with a small refinery or small refiner 

exemption may only separate 

Renewable Identification Numbers 

(RINs) that have been assigned to a 

volume of renewable fuel that the party 

blends into motor vehicle fuel. 

In response to this proposed 

amendment, EPA received a comment 

which stated that the proposed 

80.1129(b)(8) would result in the 

provision being overly broad. The 

comment further articulated a concern 

that EPA has mistakenly concluded that 

all refiners who have received either a 

small refiner exemption under 40 CFR 

80.1142 or a small refinery exemption 

under 40 CFR 80.1141 are not obligated 

parties under the RFS program, and 

therefore, that those refiners may only 

separate RINs that have been assigned to 

volumes of renewable fuel that the 

refiner blends into motor vehicle fuel. 

Refiners who have received the small 

refinery exemption either are not 

obligated parties because they do not 

operate other non-exempt refineries or 

they are obligated parties because they 

do operate other non-exempt refineries. 

The commenter argued that the 

proposed technical amendment to add 

40 CFR 80.1129(b)(8), as written, applies 

to both groups, but that it should apply 

only to the former group of refiners and 

not the latter. 

EPA agrees with the comment and has 

added a clause to the final amendment 

to 40 80.1129(b)(8) to clarify our 

intention. Thus, the final rule states that 

it applies only to parties that have 

received a small refinery or small refiner 

exemption and who are ‘‘not otherwise 

obligated parties.’’ 

B. Separating RINs for Renewable Fuel 

Designated for Use as Motor Vehicle 

Fuel and Used as Motor Vehicle Fuel 

EPA proposed changes to 40 CFR 

80.1129(b)(4) in order to clarify that any 

party, not just renewable fuel producers 

or importers, may separate the RINs 

from renewable fuel when it designates 

that fuel for use in motor vehicles and 

the renewable fuel is used in motor 

vehicles in that designated form. 

EPA received a comment on 

80.1129(b)(4) which stated that that 

regulation should clarify that EPA 

intends the provision to apply to motor 

vehicle fuel used in its neat form, 

deposited directly into a motor vehicle 

fuel supply tank as motor vehicle fuel. 

In response, EPA confirms that the 

provision was originally meant to apply 

to neat renewable fuel that is designated 

for use as motor vehicle fuel, and is 

used as motor vehicle fuel in its 

designated form. In other words, the 

provision applies to neat renewable fuel 

that is directly used as motor vehicle 

fuel and is not blended any further. For 

purposes of the RFS program, ‘‘neat 

renewable fuel’’ is defined in 80.1101(p) 

as ‘‘a renewable fuel to which only de 

minimis amounts of conventional 

gasoline or diesel have been added.’’ 

Under the RFS program, denatured 

ethanol is considered neat renewable 

fuel, as is denatured ethanol with only 

an additional de minimis quantity of 

gasoline added. In the case of biodiesel, 

a biodiesel producer would be 

authorized under 80.1129(b)(4) to 

separate RINs for B100 or B99 that it 

designates as motor vehicle fuel, 

providing that the fuel is in fact used 

that way. 

29950 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

In contrast, any party that blends 

ethanol with more than a de minimis 

additional amount of gasoline beyond 

what is used for denaturing, or blends 

biodiesel with 20 volume percent or 

more of conventional diesel must 

separate any RINs assigned to that 

volume of renewable fuel, as required 

under 80.1129(b)(2). Biodiesel blends in 

which conventional diesel constitutes 

less than 20 volume percent and more 

than one percent are ineligible for RIN 

separation under any circumstances, as 

specified in 80.1129(b)(2) and (b)(5). As 

noted in the preamble to the final RFS 

regulations, it is EPA’s understanding 

that in the vast majority of cases, 

biodiesel is blended with diesel in 

biodiesel concentrations of 80 volume 

percent or less. Therefore, EPA did not 

anticipate that this restriction would 

operate to significantly restrict biodiesel 

blending for fuel production, while it 

would afford some measure of 

protection against the possibility that 

renewable fuel producers could hold 

back RINs from obligated parties for the 

purpose of driving up their price. 

However, we may revisit this issue in a 

future RFS rulemaking since 

circumstances may change such that 

biodiesel blends of 81 percent or greater 

begin to be used more commonly as 

motor vehicle fuel. 

In the proposed technical 

amendments, EPA proposed to expand 

the parties eligible to separate RINS for 

neat renewable fuel to include any party 

that produces, imports, owns, sells or 

uses such fuel. EPA is finalizing the 

proposed change to 80.1129(b)(4) and, 

in response to comment, is clarifying 

that this section applies only to neat 

renewable fuel. 

In addition, EPA is making 

conforming amendments to 

80.1151(b)(5) and 80.11129(b)5)(ii) to 

reflect the expanded applicability of 

80.1129(b)(4). 

C. Duplicate RINs 

EPA proposed changes to 40 CFR 

80.1131(a)(8) and 80.1131(b)(4), which 

consisted of changing the location in the 

RFS regulations of a provision stating 

that a RIN that is transferred to two or 

more parties is considered an invalid 

RIN unless EPA in its sole discretion 

determines that some portion of these 

RINs is valid. 

EPA received a comment which stated 

that EPA should not invalidate all 

duplicate RINs, but, rather, the party 

transferring duplicate RINs should be 

required to take appropriate actions 

such as notifying all parties who have 

received the duplicate RINs, determine 

which RINs are valid and which are 

invalid, and transfer replacement RINs 

to those parties that received invalid 

RINs. 

In response, EPA believes that if 

duplicate RINs are not made 

automatically invalid, problems 

associated with the duplicate RINs may 

be compounded downstream from the 

original duplication. For example, 

additional downstream transfers of 

duplicate RINs could occur if 

transferees are confused about which 

RINs are valid and which are not. EPA 

believes this type of confusion is 

minimized by automatically 

invalidating all RINs for which 

duplicates have been identified, and 

giving EPA sole discretion to determine 

if any of the duplicate RINs are valid. 

Since EPA received no comment on its 

proposed relocation of this provision 

within the RFS program regulations, 

EPA is finalizing the technical 

amendments to 40 CFR 80.1131(a)(8) 

and 80.1131(b)(4) as proposed. 

III. 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. This final rule simply 

makes minor technical changes to the 

RFS regulations and modifies certain 

requirements to make them less 

burdensome for regulated parties. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. This 

action makes minor technical 

corrections to the regulations and 

modifies certain requirements to lessen 

the burden on related parties while 

maintaining the overall goals of the 

program. None of the changes in the 

rule require any additional information 

collection burdens. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations 40 CFR part 80, 

subpart K, under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2060–0600. 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. 

In determining whether a rule has a 

significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. This action 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 29951 

makes minor technical corrections to 

the regulations and modifies certain 

requirements to lessen the burden on 

regulated parties. Thus, after 

considering the economic impacts of 

today’s final rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

D. Unfunded Mandates Reform Act 

This rule does not contain a Federal 

mandate that may result in expenditures 

of $100 million or more for State, local, 

and tribal governments, in the aggregate, 

or the private sector in any one year. 

This action makes minor technical 

corrections to the RFS regulations and 

modifies certain provisions to lessen the 

requirements for regulated parties. As a 

result, this rule will have the overall 

effect of reducing the burden of the RFS 

regulations on regulated parties. Thus, 

this rule is not subject to the 

requirements of sections 202 or 205 of 

UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. It 

only applies to gasoline and renewable 

fuel producers, importers, distributors 

and marketers and makes minor 

corrections and modifications to the 

RFS regulations. 

E. Executive Order 13132 (Federalism) 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have Federalism 

implications.’’ ‘‘Policies that have 

Federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

This final rule 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 

makes minor technical corrections and 

certain modifications that lessen the 

burden on related parties. Thus, 

Executive Order 13132 does not apply 

to this rule. 

F. Executive Order 13175 (Consultation 

and Coordination With Indian Tribal 

Governments) 

This final rule does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It applies to gasoline and 

renewable fuel producers, importers, 

distributors and marketers. This action 

makes 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. 

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 rule is not subject to Executive 

Order 13211 (66 FR 18355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

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 final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. These technical 

amendments do not relax the control 

measures on sources regulated by the 

RFS regulations and therefore will not 

cause emissions increases from these 

sources. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 80 

Environmental protection, Fuel 

additives, Gasoline, Imports, Motor 

vehicle pollution, Reporting and 

recordkeeping requirements. 

Dated: June 18, 2009. 

Lisa P. Jackson, 

Administrator. 

■ 40 CFR Part 80 is amended as follows: 

29952 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Rules and Regulations 

PART 80–REGULATION OF FUEL AND 

FUEL ADDITIVES 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7542, 7545, and 

7601(a). 

■ 2. Section 80.1129 is amended as 

follows: 

■ a. By revising paragraph (b)(1). 

■ b. By revising paragraph (b)(4). 

■ c. By revising paragraph (b)(5)(ii). 

■ d. By adding paragraph (b)(8). 

§ 80.1129 Requirements for separating 

RINs from volumes of renewable fuel. 

* * * * * 

(b) * * * 

(1) Except as provided in paragraphs 

(b)(6) and (b)(8) of this section, a party 

that is an obligated party according to 

§ 80.1106 must separate any RINs that 

have been assigned to a volume of 

renewable fuel if they own that volume. 

* * * * * 

(4) Any party that produces, imports, 

owns, sells or uses a volume of neat 

renewable fuel may separate any RINs 

that have been assigned to that volume 

of neat renewable fuel if the party 

designates the neat renewable fuel as 

motor vehicle fuel, and the neat 

renewable fuel is used as a motor 

vehicle fuel. 

(5) * * * 

(ii) This paragraph (b)(5) shall not 

apply to any party meeting the 

requirements of paragraph (b)(4) of this 

section. 

* * * * * 

(8) For a party that has received a 

small refinery exemption under 

§ 80.1141 or a small refiner exemption 

under § 80.1142, and who is not 

otherwise an obligated party, during the 

period of time that the small refinery or 

small refiner exemption is in effect the 

party may only separate RINs that have 

been assigned to volumes of renewable 

fuel that the party blends into motor 

vehicle fuel in accordance with 

paragraph (b)(2) of this section. 

* * * * * 

3. Section 80.1131 is amended by 

adding paragraph (a)(8) and removing 

paragraph (b)(4) to read as follows: 

§ 80.1131 Treatment of invalid RINs. 

(a) * * * 

(8) In the event that the same RIN is 

transferred to two or more parties, all 

such RINs will be deemed to be invalid, 

unless EPA in its sole discretion 

determines that some portion of these 

RINs is valid. 

* * * * * 

4. Section 80.1151 is amended by 

revising paragraph (b)(5) to read as 

follows: 

§ 80.1151 What are the recordkeeping 

requirements under the RFS program? 

* * * * * 

(b) * * * 

(5) Records related to the production, 

importation, ownership, sale or use of 

any volume of neat renewable fuel that 

any party designates as motor vehicle 

fuel and uses as motor vehicle fuel. 

* * * * * 

[FR Doc. E9–14849 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2008–0503; FRL–8922–7] 

RIN–2060–AO77 

Protection of Stratospheric Ozone: 

Allocation of Essential Use Allowances 

for Calendar Year 2009 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: With this action, EPA is 

allocating essential use allowances for 

import and production of Class I ozonedepleting substances for calendar year 

2009. Essential use allowances enable a 

person to obtain controlled Class I 

ozone depleting substances as part of an 

exemption to the regulatory ban on the 

production and import of these 

chemicals, which became effective 

January 1, 1996. EPA allocates essential 

use allowances for production and 

import of a specific quantity of Class I 

substances solely for the designated 

essential purpose. The allocation in this 

action is 63.0 metric tons of 

chlorofluorocarbons for use in metered 

dose inhalers for 2009. 

DATES: This final rule is effective June 

24, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2008–0503. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Bohman, by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205J), 1200 Pennsylvania Avenue, 

NW., Washington, DC, 20460; by courier 

service or overnight express: 1301 L 

Street, NW., Room 1047A, Washington 

DC, 20005; by telephone: (202) 343– 

9548; or by e-mail: 

bohman.jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Basis for Allocating Essential Use 

Allowances 

A. What are essential use allowances? 

B. Under what authority does EPA allocate 

essential use allowances? 

C. What is the process for allocating 

essential use allowances? 

II. Essential Use Allowances for Medical 

Devices 

III. Response to Comments 

IV. Allocation of Essential Use Allowances 

for Calendar Year 2009 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

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 That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

VI. Effective Date of This Final Rule 

I. Basis for Allocating Essential Use 

Allowances 

A. What are essential use allowances? 

Essential use allowances are 

allowances to produce or import certain 

ozone-depleting substances (ODSs) in 

the U.S. for purposes that have been 

deemed ‘‘essential’’ by the U.S. 

Government and by the Parties to the 

Montreal Protocol on Substances that