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Federal Register/Vol. 78, No. 43/Tuesday, March 5, 2013/Rules 14190 Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations p.m. on the Thursday before Memorial ACTION: Final rule. from giant reed (Arundo donax) or Day (observed), and, if necessary due to napier grass (Pennisetum purpureum) or inclement weather, from 2 p.m. through SUMMARY: EPA is issuing a final rule biodiesel produced from esterification. 7 p.m. on the Thursday following identifying additional fuel pathways We continue to consider the issues Memorial Day (observed). that EPA has determined meet the concerning these proposals, and will biomass-based diesel, advanced biofuel Dated: February 21, 2013. make a final decision on them at a later or cellulosic biofuel lifecycle time. Kevin C. Kiefer, greenhouse gas (GHG) reduction DATES: This rule is effective on May 6, Captain, U.S. Coast Guard, Captain of the requirements specified in Clean Air Act 2013. Port Baltimore. section 211(o), the Renewable Fuel [FR Doc. 2013–05076 Filed 3–4–13; 8:45 am] Standard (RFS) Program, as amended by FOR FURTHER INFORMATION CONTACT: BILLING CODE 9110–04–P the Energy Independence and Security Vincent Camobreco, Office of Act of 2007 (EISA). This final rule Transportation and Air Quality describes EPA’s evaluation of biofuels (MC6401A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., ENVIRONMENTAL PROTECTION produced from camelina (Camelina Washington, DC 20460; telephone AGENCY sativa) oil and energy cane; it also includes an evaluation of renewable number: (202) 564–9043; fax number: 40 CFR Part 80 gasoline and renewable gasoline (202) 564–1686; email address: blendstocks, and clarifies our definition [email protected]. [EPA–HQ–OAR–2011–0542; FRL–9686–3] of renewable diesel. The inclusion of SUPPLEMENTARY INFORMATION: these pathways creates additional RIN 2060–AR07 opportunity and flexibility for regulated Does this action apply to me? Regulation of Fuels and Fuel parties to comply with the advanced Entities potentially affected by this Additives: Identification of Additional and cellulosic requirements of EISA and action are those involved with the Qualifying Renewable Fuel Pathways provides the certainty necessary for production, distribution, and sale of Under the Renewable Fuel Standard investments to bring these biofuels into transportation fuels, including gasoline Program commercial production from these new and diesel fuel or renewable fuels such feedstocks. as ethanol and biodiesel. Regulated AGENCY: Environmental Protection We are not finalizing at this time categories and entities affected by this Agency (EPA). determinations on biofuels produced action include: 1 NAICS 2 Category Codes SIC 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 II. Identification of Additional Qualifying C. Regulatory Flexibility Act exhaustive, but rather provides a guide Renewable Fuel Pathways Under the D. Unfunded Mandates Reform Act for readers regarding entities likely to be Renewable Fuel Standard (RFS) Program E. Executive Order 13132 (Federalism) regulated by this action. This table lists A. Analysis of Lifecycle Greenhouse Gas F. Executive Order 13175 (Consultation Emissions for Biodiesel, Renewable and Coordination With Indian Tribal the types of entities that EPA is now Diesel, Jet Fuel, Heating Oil, Naphtha, Governments) aware could be potentially regulated by and Liquefied Petroleum Gas (LPG) G. Executive Order 13045: Protection of this action. Other types of entities not Produced From Camelina Oil Children From Environmental Health listed in the table could also be B. Lifecycle Greenhouse Gas Emissions Risks and Safety Risks regulated. To determine whether your Analysis for Ethanol, Diesel, Jet Fuel, H. Executive Order 13211: Actions entity is regulated by this action, you Heating Oil, and Naphtha Produced Concerning Regulations That should carefully examine the From Energy Cane Significantly Affect Energy Supply, applicability criteria of Part 80, subparts C. Lifecycle Greenhouse Gas Emissions Distribution, or Use I. National Technology Transfer and D, E and F of title 40 of the Code of Analysis for Certain Renewable Gasoline and Renewable Gasoline Blendstocks Advancement Act Federal Regulations. If you have any Pathways J. Executive Order 12898: Federal Actions question regarding applicability of this D. Esterification Production Process To Address Environmental Justice in action to a particular entity, consult the Inclusion for Specified Feedstocks Minority Populations and Low-Income person in the preceding FOR FURTHER Producing Biodiesel Populations INFORMATION CONTACT section above. III. Additional Changes to Listing of K. Congressional Review Act Available Pathways in Table 1 of 80.1426 V. Statutory Provisions and Legal Authority Outline of This Preamble IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory I. Executive Summary I. Executive Summary Planning and Review and Executive A. Purpose of This Regulatory Action A. Purpose of the Regulatory Action Order 13563: Improving Regulation and B. Summary of the Major Provisions of the Regulatory Review In this rulemaking, EPA is taking final Regulatory Action In Question B. Paperwork Reduction Act action to identify additional fuel VerDate Mar<15>2010 17:51 Mar 04, 2013 Jkt 229001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\05MRR1.SGM 05MRR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 78, No. 43 / Tuesday, March 5, 2013 / Rules and Regulations 14191 pathways that we have determined meet blendstock—qualifying to generate the proposed rule provided an adequate the greenhouse gas (GHG) reduction cellulosic biofuel RINs notice and comment process. EPA is requirements under the Renewable Fuel Renewable gasoline and renewable finalizing several of the proposed Standard (RFS) program. This final rule gasoline blendstock (new fuel types) actions in this final rule, but continues describes EPA’s evaluation of biofuels • Produced from crop residue, slash, to consider determinations on biofuels produced from camelina (Camelina pre-commercial thinnings, tree residue, produced from giant reed (Arundo sativa) oil, which qualify as biomass- annual cover crops, and cellulosic donax) or napier grass (Pennisetum based diesel or advanced biofuel, as components of separated yard waste, purpureum) or biodiesel produced from well as biofuels from energy cane which separated food waste, and separated esterification. EPA will make a final qualify as cellulosic biofuel. This final municipal solid waste (MSW) decision on theses elements of the rule also qualifies renewable gasoline • Using the following processes—all proposal at a later time. and renewable gasoline blendstock utilizing natural gas, biogas, and/or In this action, EPA is issuing a final made from certain qualifying feedstocks biomass as the only process energy rule to identify in the RFS regulations as cellulosic biofuel. Finally, this rule sources—qualifying to generate additional renewable fuel production clarifies the definition of renewable cellulosic biofuel RINs: pathways that we have determined meet Æ diesel to explicitly include jet fuel. Thermochemical pyrolysis the greenhouse gas (GHG) reduction Æ Thermochemical gasification requirements of the RFS program. There EPA is taking this action as a result of Æ changes to the RFS program in Clean Biochemical direct fermentation are three critical components of a Æ Biochemical fermentation with Air Act (‘‘CAA’’) Section 211(o) renewable fuel pathway: (1) Fuel type, catalytic upgrading (2) feedstock, and (3) production required by the Energy Independence Æ Any other process that uses biogas process. Each specific combination of and Security Act of 2007 (‘‘EISA’’). This and/or biomass as the only process rulemaking modifies the RFS the three components, or fuel pathway, energy sources is assigned a D code which is used to regulations published at 40 CFR This final rule adds these pathways to § 80.1400 et seq. The RFS program designate the type of biofuel and its Table 1 to § 80.1426. This final rule compliance category under the RFS regulations specify the types of allows producers or importers of fuel renewable fuels eligible to participate in program. This final rule describes EPA’s produced under these pathways to lifecycle GHG evaluation of camelina oil the RFS program and the procedures by generate RINs in accordance with the which renewable fuel producers and and energy cane. RFS regulations, providing that the fuel Determining whether a fuel pathway importers may generate Renewable meets other definitional criteria for Identification Numbers (‘‘RINs’’) for the satisfies the CAA’s lifecycle GHG renewable fuel. The inclusion of these reduction
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