7016 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION statutory waiver authority that is the https://www.regulations.gov AGENCY available when the projected cellulosic website. Although listed in the index, biofuel production volume is less than some information is not publicly 40 CFR Parts 79 and 80 the applicable volume specified in the available, e.g., CBI or other information [EPA–HQ–OAR–2019–0136; FRL–10003–79– statute, EPA is establishing volume whose disclosure is restricted by statute. OAR] requirements for cellulosic biofuel, Certain other material is not available advanced biofuel, and total renewable on the internet and will be publicly RIN 2060–AU42 fuel that are below the statutory volume available only in hard copy form. Renewable Fuel Standard Program: targets. We are also establishing the Publicly available docket materials are Standards for 2020 and Biomass- applicable volume of biomass-based available electronically through https:// Based Diesel Volume for 2021 and diesel for 2021. In addition, we are www.regulations.gov. Other Changes finalizing changes to the percentage FOR FURTHER INFORMATION CONTACT: Julia standard calculations to account for MacAllister, Office of Transportation AGENCY: Environmental Protection volumes of gasoline and diesel we and Air Quality, Assessment and Agency (EPA). project will be exempted from the Standards Division, Environmental ACTION: Final rule. renewable volume obligations. Finally, Protection Agency, 2000 Traverwood this action finalizes several regulatory Drive, Ann Arbor, MI 48105; telephone SUMMARY: Under section 211 of the changes to the Renewable Fuel Standard Clean Air Act, the Environmental number: 734–214–4131; email address: (RFS) program including new pathways, [email protected]. Protection Agency (EPA) is required to flexibilities for regulated parties, and set renewable fuel percentage standards clarifications of existing regulations. SUPPLEMENTARY INFORMATION: Entities every year. This action establishes the potentially affected by this final rule are annual percentage standards for DATES: This final rule is effective on those involved with the production, cellulosic biofuel, biomass-based diesel, April 6, 2020. distribution, and sale of transportation advanced biofuel, and total renewable ADDRESSES: The EPA has established a fuels, including gasoline and diesel fuel fuel that apply to gasoline and diesel docket for this action under Docket ID or renewable fuels such as ethanol, transportation fuel produced or No. EPA–HQ–OAR–2019–0136. All biodiesel, renewable diesel, and biogas. imported in the year 2020. Relying on documents in the docket are listed on Potentially affected categories include: Category NAICS 1 codes SIC 2 codes Examples of potentially affected entities Industry ............................................ 324110 2911 Petroleum refineries. Industry ............................................ 325193 2869 Ethyl alcohol manufacturing. Industry ............................................ 325199 2869 Other basic organic chemical manufacturing. 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 ............................................ 221210 4925 Manufactured gas production and distribution. Industry ............................................ 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC). This table is not intended to be G. Amendments to the RFS and Fuels 3. Total Cellulosic Biofuel in 2020 exhaustive, but rather provides a guide Programs Regulations IV. Advanced Biofuel and Total Renewable for readers regarding entities likely to be H. Response To Remand of 2016 Standards Fuel Volumes for 2020 Rulemaking A. Volumetric Limitation on Use of the affected by this final action. This table II. Authority and Need for Waiver of lists the types of entities that EPA is Cellulosic Waiver Authority Statutory Applicable Volumes B. Attainable Volumes of Advanced now aware could potentially be affected A. Statutory Authorities for Reducing Biofuel by this action. Other types of entities Volume Targets 1. Imported Sugarcane Ethanol not listed in the table could also be 1. Cellulosic Waiver Authority 2. Other Advanced Biofuel affected. To determine whether your 2. General Waiver Authority 3. Biodiesel and Renewable Diesel entity would be affected by this action, B. Severability a. Volume of Advanced Biodiesel and C. Treatment of Carryover RINs you should carefully examine the Renewable Diesel To Achieve Advanced 1. Carryover RIN Bank Size Biofuel Volume applicability criteria in 40 CFR part 80. 2. EPA’s Decision Regarding the Treatment If you have any questions regarding the of Carryover RINs b. Historical Supply of Biodiesel and applicability of this action to a III. Cellulosic Biofuel Volume for 2020 Renewable Diesel particular entity, consult the person A. Statutory Requirements c. Consideration of Production Capacity and Distribution Infrastructure listed in the FOR FURTHER INFORMATION B. Cellulosic Biofuel Industry Assessment d. Consideration of the Availability of CONTACT section. 1. Review of EPA’s Projection of Cellulosic Biofuel in Previous Years Advanced Feedstocks Outline of This Preamble 2. Potential Domestic Producers e. Biodiesel and Renewable Diesel Imports 3. Potential Foreign Sources of Cellulosic and Exports I. Executive Summary Biofuel f. Attainable and Reasonably Attainable A. Approach To Setting Volume 4. Summary of Volume Projections for Volumes of Advanced Biodiesel and Requirements Individual Companies Renewable Diesel B. Cellulosic Biofuel C. Projection From the Energy Information C. Volume Requirement for Advanced C. Advanced Biofuel Administration Biofuel D. Total Renewable Fuel D. Cellulosic Biofuel Volume for 2020 D. Volume Requirement for Total E. 2021 Biomass-Based Diesel 1. Liquid Cellulosic Biofuel Renewable Fuel F. Annual Percentage Standards 2. CNG/LNG Derived From Biogas V. Impacts of 2020 Volumes on Costs VerDate Sep<11>2014 20:53 Feb 05, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\06FER2.SGM 06FER2 lotter on DSKBCFDHB2PROD with RULES2 Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations 7017 A. Illustrative Costs Analysis of 2020 Final F. Executive Order 13132: Federalism Finally, we are finalizing several Volumes Compared to the 2020 Statutory G. Executive Order 13175: Consultation regulatory changes to the RFS program Volumes Baseline and Coordination With Indian Tribal to facilitate the implementation of this B. Illustrative Cost Analysis of the 2020 Governments Final Volumes Compared to the 2019 H. Executive Order 13045: Protection of program going forward including new Final Volumes Children From Environmental Health pathways, flexibilities for regulated VI. Biomass-Based Diesel Volume for 2021 Risks and Safety Risks parties, and clarifications of existing A. Statutory Requirements I. Executive Order 13211: Actions regulations. B. Review of Implementation of the Concerning Regulations That Program and the 2021 Applicable Significantly Affect Energy Supply, Today, nearly all gasoline used for Volume of Biomass-Based Diesel Distribution, or Use transportation purposes contains 10 C. Consideration of Statutory Factors in J. National Technology Transfer and percent ethanol (E10), and on average CAA Section 211(o)(2)(B)(ii)(I)–(VI) for Advancement Act (NTTAA) diesel fuel contains nearly 5 percent of 2021 and Determination of the 2021 K. Executive Order 12898: Federal Actions biodiesel and renewable diesel.5 Biomass-Based Diesel Volume To Address Environmental Justice in However, the market has fallen well Minority Populations and Low-Income D. BBD Volume Requirement for 2021 short of the statutory volumes for VII. Percentage Standards for 2020 Populations A. Calculation of Percentage Standards L. Congressional Review Act (CRA) cellulosic biofuel, resulting in shortfalls B. Small Refineries and Small Refiners XII. Statutory Authority in the advanced biofuel and total 1. Changes to the Projected Volume of renewable fuel volumes. In this action, Gasoline and Diesel for Exempt Small I. Executive Summary we are establishing a volume Refineries The Renewable Fuel Standard (RFS) requirement for cellulosic biofuel at the 2. Projecting the Exempted Volume of program began in 2006 pursuant to the level we project to be available for 2020, Gasoline and Diesel in 2020 requirements in Clean Air Act (CAA) along with an associated applicable C. Final Standards section 211(o) that were added through VIII. Administrative Actions percentage standard. For advanced A. Assessment of the Domestic Aggregate the Energy Policy Act of 2005 (EPAct). biofuel and total renewable fuel, we are Compliance Approach The statutory requirements for the RFS finalizing volume requirements using B. Assessment of the Canadian Aggregate program were subsequently modified the ‘‘cellulosic waiver authority’’ that Compliance Approach through the Energy Independence and result in advanced biofuel and total IX. Amendments to the RFS and Fuels Security Act of 2007 (EISA), leading to renewable fuel volume requirements Program Regulations the publication