[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49411-49412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19625]



40 CFR Part 80

[EPA-HQ-OAR-2010-0133; FRL-9900-01-OAR]
RIN 2060-AR55

Denial of Petitions for Reconsideration of Regulation of Fuels 
and Fuel Additives: 2013 Biomass-Based Diesel Renewable Fuel Volume 
Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of denial of petitions for reconsideration.


SUMMARY: The Environmental Protection Agency (EPA, or Agency) is 
denying two petitions for reconsideration of the final rule entitled 
Regulation of Fuels and Fuel Additives: 2013 Biomass-Based Diesel 
Renewable Fuel Volume.

DATES: EPA's denials of the petitions for reconsideration were issued 
by letters dated August 6, 2013.

FOR FURTHER INFORMATION CONTACT: Paul Argyropoulos; Office of 
Transportation and Air Quality; Environmental Protection Agency; 1200 
Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 
564-1123; email address: [email protected].

    Description of Action: Section 211(o)(2)(B)(ii) of the Clean Air 
Act requires that EPA determine the applicable volume of biomass-based 
diesel to be used in setting annual percentage standards under the 
renewable fuel standard program for years after 2012. EPA issued a 
Notice of Proposed Rulemaking (``NPRM'') on July 1, 2011 which proposed 
a number of actions,\1\ including proposing 1.28 billion gallons as the 
applicable volume of biomass-based diesel for 2013. After considering 
public comments on its proposal, EPA issued a final rule on September 
27, 2012 establishing 1.28 billion gallons as the applicable volume of 
biomass based diesel for 2013.\2\

    \1\ 76 FR 38844.
    \2\ 77 FR 59458.

    Petitioners, the American Fuel & Petrochemical Manufacturers (AFPM) 
and the American Petroleum Institute (API), submitted comments \3\ to 
EPA during the comment period on the July 1, 2011, proposed rule, and 
subsequently each individually submitted a petition for reconsideration 
of the final rule published on September 27, 2012 and which became 
effective on November 26, 2012.\4\ Both petitioners requested that EPA 
reconsider its final decision to set the applicable volume requirement 
of biomass-based diesel at 1.28 billion gallons instead of the minimum 
1.0 billion gallons specified in the statute. Issues raised by AFPM 
included the impact of the 2012 drought on feedstock availability and 
cost, the impact of fraudulent RINs on EPA's assessment of the growth 
potential of the biodiesel industry in 2013, and the adequacy of EPA's 
assessment of impacts of the rule related to cost, energy security, job 
creation, greenhouse case emissions and other matters. API's petition 
was more limited and focused on the issue of fraudulent RINs.

    \3\ Letter dated August 11, 2011 to Administrator Lisa Jackson 
from Charles T. Drevna, President National Petrochemical & Refiners 
Association, ``Subject: Docket EPA-HQ-OAR-2010-0133--Comments on 
EPA's proposal for 2012 RFS RVOs and biomass-based diesel volume for 
2013''. Letter dated August 11, 2011 to Air and Radiation Docket 
from Patrick Kelly, Senior Policy Advisor American Petroleum 
Institute, ``Re: Docket ID No. EPA-HQ-OAR-2010-0133 The U.S. 
Environmental Protection Agency's Proposed Rule on Regulation of 
Fuel and Fuel Additives: 2012 Renewable Fuel Standards''.
    \4\ Letter dated November 20, 2012 to Honorable Lisa Jackson 
from Richard Moskowitz, American Fuel & Petrochemical Manufacturers, 
``Re: Petition for Reconsideration--Docket No. EPA-HQ-OAR-2010-0133. 
Letter dated November 26, 2012 to Honorable Lisa Jackson from Robert 
L. Greco, III, American Petroleum Institute, ``Re: Request for 
Reconsideration of EPA's Final Rulemaking ``2013 biomass-Based 
Diesel Renewable Fuel Volume''.

    After carefully considering the petitions and all supporting 
information, the EPA Administrator denied the petitions for 
reconsideration on August 6, 2013 in separate letters to the 
petitioners. EPA denied the petitions because they each failed to meet 
the criteria for reconsideration in CAA section (307)(d)(7)(B); each of 
the objections raised in these petitions either were or could have been 
raised during the comment period on the proposed rule, or are not of 
central relevance to the outcome of the rule because they do not 
provide substantial support for the argument that the final rule 
establishing the applicable volume of biomass-based diesel for 2013 
should be revised. The letters and an accompanying memorandum explain 
in detail the EPA's reasons for the denials.

How can I get copies of these documents and other related information?

    This Federal Register notice, the petitions for reconsideration, 
and the letters denying the petitions along with the accompanying 
memorandum which explains EPA's reasons for denial are available in the 
docket that EPA

[[Page 49412]]

established for the ``Regulation of Fuels and Fuel Additives: 2013 
Biomass-Based Diesel Renewable Fuel Volume'' under Docket ID No. EPA-
HQ-OAR-2010-0133. All documents in the docket are listed on the http://www.regulations.gov Web site. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or 
in hard copy at EPA's Docket Center, Public Reading Room, EPA West 
Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20004. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.
    The letters denying the petitions for reconsideration and the 
accompanying memorandum explaining EPA's reasons for denial has been 
posted on the EPA Web site at: http://www.epa.gov/otaq/fuels/renewablefuels/notices.htm.

    Dated: August 6, 2013.
Christopher Grundler,
Director, Office of Transportation and Air Quality.
[FR Doc. 2013-19625 Filed 8-13-13; 8:45 am]