[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26463-26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10487]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2011-0135; FRL-9927-17-OAR]
RIN 2060-AS36
Partial Withdrawal of Technical Amendments Related to: Tier 3
Motor Vehicle Fuel and Quality Assurance Plan Provisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Partial withdrawal of direct final rule.
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SUMMARY: Because EPA received adverse comment on certain elements of
the Tier 3 Amendments direct final rule published on February 19, 2015,
we are withdrawing those elements of the direct final rule. EPA intends
to consider the comments received and proceed with a new final rule for
the withdrawn elements. The remaining elements will go into effect
pursuant to the direct final rule.
DATES: Effective May 5, 2015, EPA withdraws the amendments to 40 CFR
80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19,
2015.
FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of
Transportation and Air Quality, Assessment and Standards Division, 2000
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-
4131; email address: [email protected].
SUPPLEMENTARY INFORMATION: We stated in the Tier 3 Technical Amendments
direct final rule published on February 19, 2015 (80 FR 9078) that if
we received adverse comment by April 6, 2015, as to any part of the
direct final rule, those parts would be withdrawn by publishing a
timely notice in the Federal Register. Because EPA received adverse
comment, we are withdrawing the amendments that were the subject of
these adverse comments and they will not take effect. Three specific
provisions are being withdrawn, as described below.
First, 40 CFR 80.1453: In the Renewable Fuel Standard (RFS) Quality
Assurance Program (QAP) Rule (79 FR 42078, July 18, 2014), EPA added
additional product transfer document (PTD) requirements for renewable
fuels that informed parties that took ownership of the renewable fuel
that they would need to (a) use the fuel as it was intended, i.e., for
transportation use; and, (b) incur a renewable volume obligation (RVO)
if the fuel was exported. Shortly after publication of the QAP final
rule, we received questions on whether these PTD requirements would
apply downstream to the end users, including residential heating oil
owners and people filling up their fuel tanks at fuel retail stations.
EPA provides downstream end user exemptions to the PTD requirements in
other fuels programs, and the direct final rule included similar
exemptions for RFS PTD requirements. The words ``or custody'' were
inadvertently added to the RFS PTD requirements and we received several
comments pointing out that applying the PTD requirements to the
transfer of custody of renewable fuels would be costly to industry and
not beneficial to the RFS program. In this action we are withdrawing
all of the changes to 40 CFR 80.1453.
Second, 40 CFR 80.1616: The direct final rule included some
clarifying language for when credits expire and are reported. We
received a comment advocating for small refiners and small volume
refineries to be allowed to use credits past January 1, 2020--to
effectively receive a small refiner- and small volume refinery-specific
period of lead time before these parties must comply with the Tier 3
sulfur standards. Although it is not clear whether this comment is
germane to the provisions of the direct final rule, in light of the
short time frame for withdrawal of the direct final rule, we have
decided to treat this as an adverse comment on the amended rulemaking
provisions and we therefore are withdrawing the proposed changes to 40
CFR 80.1616.
Third, 40 CFR 80.1621: Following publication of the Tier 3 Final
Rule (79 FR 23414, April 28, 2014) we were contacted by some refiners
to clarify if/when small volume refineries could be disqualified,
because there was language inadvertently deleted from the regulatory
text as part of the Tier 3 final rule. In re-inserting this text in the
direct final rule, we clarified that small volume refinery
disqualification was akin to small refiner disqualification. We
received adverse comment raising the issue that the new wording is
confusing because it does not explicitly state exactly when and under
which circumstances that disqualification could occur, and also that
the term ``small refinery'' was used instead of the correct term
``small volume refinery''. In this action we are withdrawing all
changes to 40 CFR 80.1621.
EPA published a parallel proposed rule on the same day as the
direct final rule. The proposed rule invited comment on the substance
of the direct final rule. EPA intends to consider the comments received
and proceed with a new final rule. As stated in the parallel proposal,
EPA does not plan to institute a second comment period for the proposed
action with respect to the provisions that are withdrawn by this
notice.
The amendments for which we did not receive adverse comment are not
being withdrawn and will become
[[Page 26464]]
effective on May 5, 2015, as provided in the February 19, 2015 direct
final rule.
Accordingly, the amendments to 40 CFR 80.1453, 80.1616 and 80.1621
on February 19, 2015 (80 FR 9078), are withdrawn as of May 5, 2015.
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Diesel fuel,
Fuel additives, Gasoline, Imports, Incorporation by reference,
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and
recordkeeping requirements.
Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10487 Filed 5-6-15; 4:15 pm]
BILLING CODE 6560-50-P