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Environmental Protection Agency Vol. 77 Thursday, No. 3 January 5, 2012 Part V Environmental Protection Agency 40 CFR Part 80 Regulation of Fuels and Fuel Additives: Identification of Additional Qualifying Renewable Fuel Pathways Under the Renewable Fuel Standard Program; Direct Final Rule VerDate Mar<15>2010 16:50 Jan 04, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\05JAR3.SGM 05JAR3 mstockstill on DSK4VPTVN1PROD with RULES3 700 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations ENVIRONMENTAL PROTECTION ADDRESSES: Submit your comments, Docket: All documents in the docket AGENCY identified by Docket ID No. EPA–HQ– are listed in the www.regulations.gov OAR–2011–0542, by one of the index. Although listed in the index, 40 CFR Part 80 following methods: some information is not publicly • [EPA–HQ–OAR–2011–0542; FRL–9502–2] www.regulations.gov: Follow the available, e.g., CBI or other information on-line instructions for submitting whose disclosure is restricted by statute. RIN 2060–AR07 comments. Certain other material, such as • Email: [email protected], copyrighted material, will be publicly Regulation of Fuels and Fuel Attention Air and Radiation Docket ID available only in hard copy. Publicly Additives: Identification of Additional EPA–HQ–OAR–2011–0542 available docket materials are available Qualifying Renewable Fuel Pathways • Fax: [Insert fax number]. either electronically in Under the Renewable Fuel Standard • Mail: Air and Radiation Docket, www.regulations.gov or in hard copy at Program Docket No. EPA–HQ–OAR–2011–0542, the Air and Radiation Docket and Environmental Protection Agency, AGENCY: Environmental Protection Information Center, EPA/DC, EPA West, Mailcode: 6406J, 1200 Pennsylvania Agency (EPA). Room 3334, 1301 Constitution Ave. Ave. NW., Washington, DC 20460. NW., Washington, DC. The Public ACTION: Direct final rule. • Hand Delivery: EPA Docket Center, Reading Room is open from 8:30 a.m. to EPA/DC, EPA West, Room 3334, 1301 SUMMARY: EPA is issuing a direct final 4:30 p.m., Monday through Friday, Constitution Ave. NW., Washington, rule identifying additional fuel excluding legal holidays. The telephone DC, 20460, Attention Air and Radiation pathways that EPA has determined meet number for the Public Reading Room is Docket, ID No. EPA–HQ–OAR–2011– the biomass-based diesel, advanced 0542. Such deliveries are only accepted (202) 566–1744, and the telephone biofuel or cellulosic biofuel lifecycle during the Docket’s normal hours of number for the Air Docket is (202) 566– greenhouse gas (GHG) reduction operation, and special arrangements 1742). requirements specified in Clean Air Act should be made for deliveries of boxed FOR FURTHER INFORMATION CONTACT: section 211(o), the Renewable Fuel information. Vincent Camobreco, Office of Standard Program, as amended by the Instructions: Direct your comments to Transportation and Air Quality Energy Independence and Security Act Docket ID No. EPA–HQ–OAR–2011– (MC6401A), Environmental Protection of 2007 (EISA). This direct final rule 0542. EPA’s policy is that all comments Agency, 1200 Pennsylvania Ave. NW., describes EPA’s evaluation of biofuels received will be included in the public Washington, DC 20460; telephone produced from camelina oil, energy docket without change and may be number: (202) 564–9043; fax number: cane, giant reed, and napiergrass; it also made available online at (202) 564–1686; email address: includes an evaluation of renewable www.regulations.gov, including any [email protected]. gasoline and renewable gasoline personal information provided, unless SUPPLEMENTARY INFORMATION: blendstocks, as well as biodiesel from the comment includes information esterification, and clarifies our claimed to be Confidential Business I. Why is EPA using a direct final rule? definition of renewable diesel. We are Information (CBI) or other information EPA is publishing this rule without a also finalizing two changes to regulation whose disclosure is restricted by statute. prior proposed rule because we view that were proposed on July 1, 2011(76 Do not submit information that you this as a noncontroversial action. These FR 38844). The first change adds ID consider to be CBI or otherwise new pathway determinations did not letters to pathways to facilitate protected through www.regulations.gov require new agricultural sector references to specific pathways. The or email. The www.regulations.gov Web modeling and involved relatively second change adds ‘‘rapeseed’’ to the site is an ‘‘anonymous access’’ system, straightforward analyses that largely existing pathway for renewable fuel which means EPA will not know your relied upon work done for the RFS2 made from canola oil. identity or contact information unless final rule. If EPA receives relevant This direct final rule adds these you provide it in the body of your adverse comment or a hearing request pathways to Table in regulation as comment. If you send an email on a distinct provision of this pathways which have been determined comment directly to EPA without going rulemaking, we will publish a timely to meet one or more of the GHG through www.regulations.gov your email withdrawal in the Federal Register reduction thresholds specified in CAA address will be automatically captured indicating which portion of the rule is 211(o), and assigns each pathway a and included as part of the comment being withdrawn. Any distinct corresponding D-Code. It allows that is placed in the public docket and amendment, paragraph, or section of producers or importers of fuel produced made available on the Internet. If you today’s rule not withdrawn will become pursuant to these pathways to generate submit an electronic comment, EPA effective on the date set out above. Renewable Identification Numbers recommends that you include your In the ‘‘Proposed Rules’’ section of (RINs), providing that the fuel meets the name and other contact information in today’s Federal Register, we are other requirements specified in the RFS the body of your comment and with any publishing a separate document that regulations to qualify it as renewable disk or CD–ROM you submit. If EPA will serve as the proposed rule to fuel. cannot read your comment due to update Table 1 of § 80.1426 to add any DATES: This rule is effective on March 5, technical difficulties and cannot contact additional renewable fuel production 2012 without further notice, unless EPA you for clarification, EPA may not be pathways or regulatory provisions receives adverse comment or a hearing able to consider your comment. which may be withdrawn from the request by February 6, 2012. If EPA Electronic files should avoid the use of direct final rule. We will not institute a receives a timely adverse comment or a special characters, any form of second comment period on this action. hearing request, we will publish a encryption, and be free of any defects or Any parties interested in commenting withdrawal in the Federal Register viruses. For additional information must do so at this time. For further informing the public that the portions of about EPA’s public docket visit the EPA information about commenting on this the rule with adverse comment will not Docket Center homepage at http:// rule, see the ADDRESSES section of this take effect. www.epa.gov/epahome/dockets.htm. document. We will address all public VerDate Mar<15>2010 16:50 Jan 04, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\05JAR3.SGM 05JAR3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 701 comments in any subsequent final rule II. Does this action apply to me? transportation fuels, including gasoline based on the proposed rule. and diesel fuel or renewable fuels such Entities potentially affected by this as ethanol and biodiesel. Regulated action are those involved with the categories and entities affected by this production, distribution, and sale of action include: NAICS 1 SIC 2 Category Codes Codes Examples of potentially regulated 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 ........................................................... 454319 5989 Other fuel dealers. 1 North American Industry Classification System (NAICS) 2 Standard Industrial Classification (SIC) system code. This table is not intended to be • Follow directions—The agency may Energy Cane, Giant Reed, and exhaustive, but rather provides a guide ask you to respond to specific questions Napiergrass Cellulosic Biomass (New for readers regarding entities likely to be or organize comments by referencing a Feedstocks) regulated by this action. This table lists Code of Federal Regulations (CFR) part • Ethanol, renewable diesel the types of entities that EPA is now or section number. • (including renewable jet fuel and aware could be potentially regulated by
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