Regulation of Fuels and Fuel Additives: RFS Pathways II and Technical Amendments to the RFS 2 Standards; Proposed Rule
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Vol. 78 Friday, No. 115 June 14, 2013 Part II Environmental Protection Agency 40 CFR Part 80 Regulation of Fuels and Fuel Additives: RFS Pathways II and Technical Amendments to the RFS 2 Standards; Proposed Rule VerDate Mar<15>2010 18:55 Jun 13, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14JNP2.SGM 14JNP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 36042 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules ENVIRONMENTAL PROTECTION to sections dealing with labeling, E15 through www.regulations.gov, your AGENCY surveys, product transfer documents, email address will be automatically and prohibited acts. We also propose to captured and included as part of the 40 CFR Part 80 amend the definitions in order to comment that is placed in the public [EPA–HQ–OAR–2012–0401; FRL–9816–3] address a concern about the rounding of docket and made available on the test results for ethanol content Internet. If you submit an electronic RIN 2060—AR21 violations. comment, EPA recommends that you Lastly, EPA is proposing changes to include your name and other contact Regulation of Fuels and Fuel the survey requirements associated with information in the body of your Additives: RFS Pathways II and the ultra-low sulfur diesel (ULSD) comment and with any disk or CD–ROM Technical Amendments to the RFS 2 program. you submit. If EPA cannot read your Standards DATES: Comments must be received on comment due to technical difficulties AGENCY: Environmental Protection or before July 15, 2013. We do not and cannot contact you for clarification, Agency (EPA). expect a request for a public hearing. EPA may not be able to consider your comment. Electronic files should avoid ACTION: Notice of Proposed Rulemaking. However, if we receive a request for a public hearing by July 1, 2013 we will the use of special characters, any form SUMMARY: In this Notice of Proposed publish information related to the of encryption, and be free of any defects Rulemaking, EPA is proposing timing and location of the hearing and or viruses. For additional information amendments to three separate sets of the timing of a new deadline for public about EPA’s public docket visit the EPA regulations relating to fuels. First, EPA comments. Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. is proposing to amend certain of the ADDRESSES: Submit your comments, Docket: All documents in the docket renewable fuels standard (RFS2) identified by Docket ID No. EPA–HQ– are listed in the www.regulations.gov program regulations. We believe these OAR–2012–0401, by one of the index. Although listed in the index, proposals will facilitate the introduction following methods: some information is not publicly of new renewable fuels as well as • http://www.regulations.gov. Follow available, e.g., CBI or other information improve implementation of the the on-line instructions for submitting for which disclosure is restricted by program. This proposal includes various comments. changes related to biogas, including • Email: [email protected], statute. Certain other material, such as changes related to the revised Attention Air and Radiation Docket ID copyrighted material, will be publicly compressed natural gas (CNG)/liquefied No. EPA–HQ–OAR–2012–0401. available only in hard copy. Publicly natural gas (LNG) pathway and • Mail: Air and Radiation Docket, available docket materials are available amendments to various associated Docket No. EPA–HQ–OAR–2012–0401, either electronically in registration, recordkeeping, and Environmental Protection Agency, Mail www.regulations.gov or in hard copy at reporting provisions. This proposed code: 6406J, 1200 Pennsylvania Ave. the Air and Radiation Docket, EPA/DC, regulation includes the addition of new NW., Washington, DC 20460. Please EPA West, Room 3334, 1301 pathways for renewable diesel, include a total of two (2) copies. Constitution Ave. NW., Washington, renewable naphtha, and renewable • Hand Delivery: EPA Docket Center, DC. The Public Reading Room is open electricity (used in electric vehicles) EPA/DC, EPA West, Room 3334, 1301 from 8:30 a.m. to 4:30 p.m., Monday produced from landfill biogas. Adding Constitution Ave. NW., Washington, DC through Friday, excluding legal these new pathways will enhance the 20460, Attention Air and Radiation holidays. The telephone number for the ability of the biofuels industry to supply Docket, ID No. EPA–HQ–OAR–2012– Public Reading Room is (202) 566–1744, advanced biofuels, including cellulosic 0401. Such deliveries are only accepted and the telephone number for the Air biofuels, which greatly reduce the during the Docket’s normal hours of and Radiation Docket is (202) 566–1742. greenhouse gas emissions (GHG) operation, and special arrangements FOR FURTHER INFORMATION CONTACT: compared to the petroleum-based fuels should be made for deliveries of boxed Joseph Sopata, Chemist, Office of they replace. It also addresses information. Transportation and Air Quality, Mail ‘‘nameplate capacity’’ issues for certain Instructions: Direct your comments to Code: 6406J, U.S. Environmental production facilities that do not claim Docket ID No. EPA–HQ–OAR–2012– Protection Agency, 1200 Pennsylvania exemption from the 20% greenhouse gas 0401. EPA’s policy is that all comments Avenue NW., 20460; telephone number: (GHG) reduction threshold. In this received will be included in the public (202) 343–9034; fax number: (202) 343– notice, EPA addresses issues related to docket without change and may be 2801; email address: crop residue and corn kernel fiber and made available online at [email protected]. proposes an approach to determining www.regulations.gov, including any SUPPLEMENTARY INFORMATION: This the volume of cellulosic RINs produced personal information provided, unless preamble follows the following outline: from various cellulosic feedstocks. We the comment includes information I. Why is EPA taking this action? also include a lifecycle analysis of claimed to be Confidential Business II. Does this action apply to me? advanced butanol and discuss the Information (CBI) or other information III. What should I consider as I prepare my potential to allow for commingling of whose disclosure is restricted by statute. comments for EPA? compliant products at the retail facility Do not submit information that you IV. Executive Summary level as long as the environmental consider to be CBI or otherwise V. Renewable Fuel Standard (RFS2) Program performance of the fuels would not be protected through www.regulations.gov Amendments detrimental. Several other amendments or email. The www.regulations.gov Web A. Approving Cellulosic Volumes From to the RFS2 program are included. site is an ‘‘anonymous access’’ system, Cellulosic Feedstocks 1. Variability in Cellulosic Content Second, EPA is also proposing various which means EPA will not know your Estimates of Feedstocks changes to the E15 misfueling identity or contact information unless 2. Characteristics of the Amount of the mitigation regulations (E15 MMR). you provide it in the body of your Final Fuel Derived From Cellulosic Among the E15 changes proposed are comment. If you send an email Materials technical corrections and amendments comment directly to EPA without going 3. Previous Precedents VerDate Mar<15>2010 18:55 Jun 13, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14JNP2.SGM 14JNP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Proposed Rules 36043 4. Alternative Approaches Reporting Method for Sell and Buy RFS2 program was required by the B. Lifecycle Greenhouse Gas Emissions Transactions for Assigned RINs Energy Independence and Security Act Analysis for Renewable Electricity, 5. Proposed Changes to Section 80.1463— of 2007 (EISA 2007), which amended Renewable Diesel and Naphtha Produced Confirm That Each Day an Invalid RIN the Clean Air Act (CAA). The final From Landfill Biogas Remains in the Market is a Separate Day 1. Feedstock Production of Violation regulations for RFS2 were published in 2. Determination of the Cellulosic 6. Proposed Changes to Section 80.1466— the Federal Register on March 26, 2010 Composition of Landfill Biogas Require Foreign Ethanol Producers, (75 FR 14670). In this notice, references 3. Fuel Production—General Importers and Foreign Renewable Fuel to the ‘‘RFS2 final rule’’ refer to the Considerations Producers That Sell to Importers to be March 26, 2010 Federal Register notice 4. Fuel Production for Renewable Subject to U.S. Jurisdiction and Post a unless otherwise noted. Second, EPA is Electricity Bond 5. Fuel Production, Transport and Tailpipe proposing to amend provisions of 40 7. Proposed Changes to Section CFR part 80, subpart N, related to Emissions for Renewable Diesel and 80.1466(h)—Calculation of Bond Naphtha Amount for Foreign Renewable Fuel misfueling mitigation for 15 volume C. Proposed Regulatory Amendments Producers, Foreign Ethanol Producers percent (%) ethanol blends (E15). The Related to Biogas and Importers final regulations for E15 were published 1. Changes Applicable to the Revised CNG/ 8. Proposed Changes to Facility’s Baseline in the Federal Register on July 25, 2011 LNG Pathway From Biogas Volume To Allow ‘‘Nameplate Capacity’’ (76 FR 44422). Several items in this 2. New Registration (Contract for Facilities not Claiming Exemption proposed action will assist regulated Requirements) for Renewable Electricity From the 20% GHG Reduction and Fuels Produced From Biogas That parties in complying with RFS2 and E15 Threshold requirements. This action is not Qualify as Renewable Fuel and That are G. Minor Corrections to RFS2 Provisions Registered for RIN Generation VI. Amendments to the E15 Misfueling expected to result in significant changes 3. Changes Applicable to all Biogas Related Mitigation Rule in regulatory burdens or costs associated Pathways for RIN Generation A. Proposed Changes to Section 80.1501— with the RFS2 and E15 programs. Third, 4. Changes Applicable To Process Label EPA is proposing a change to the ultra Electricity Production Requirement for B.