[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Page 37733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15881]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-9169-9]
RIN 2060-AQ31


Regulation of Fuels and Fuel Additives: Modifications to 
Renewable Fuel Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: EPA published a direct final rule to amend the Renewable Fuel 
Standard program requirements on May 10, 2010. Because EPA received 
adverse comment, we are withdrawing several provisions of the direct 
final rule.

DATES: Effective June 30, 2010, EPA withdraws the definitions of 
``actual peak capacity,'' ``baseline volume,'' and ``permitted 
capacity'' from 40 CFR 80.1401, and the amendments to 40 CFR 
80.1403(a), 80.1425 introductory text and paragraph (i), 80.1426(d)(1) 
introductory text, 80.1426 Table 2, 80.1426(f)(3)(iv), 
80.1426(f)(3)(v), 80.1426(f)(12), 80.1452(b) introductory text, (b)(2), 
(b)(4), (b)(6), (b)(9), (b)(13), and (b)(15), and 80.1452(c) 
introductory text, (c)(4), (c)(5), and (c)(7), that were published at 
75 FR 26026 on May 10, 2010.

FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and 
Innovative Strategies Division, Office of Transportation and Air 
Quality (Mail Code: 6405J), Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202) 
343-9473; fax number: (202) 343-2802; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are 
withdrawing several provisions of the direct final rule to amend the 
Renewable Fuel Standard program requirements, published on May 10, 
2010. We stated in that direct final rule that if we received adverse 
comment by June 9, 2010, the portion of the direct final rule on which 
adverse comment was received would not take effect, and we would 
publish a timely withdrawal of such portions of the direct final rule 
in the Federal Register.
    We subsequently received adverse comment on the following 
provisions: Certain of the amendments to 40 CFR 80.1401 (moved the 
definitions of ``actual peak capacity,'' ``baseline volume,'' and 
``permitted capacity'' from 40 CFR 80.1403(a), revised the definition 
of ``actual peak capacity'' to clarify how it is calculated and revised 
the definition of ``permitted capacity'' to clarify the dates before 
which permits used to establish a facility's permitted capacity must 
have been issued or revised); 40 CFR 80.1425 (clarified that RINs 
generated after July 1, 2010, may only be generated and transferred 
using the EPA-Moderated Transaction System (EMTS) and will not be 
identified by a 38-digit code and that the value of EEEEEEEE in a 
batch-RIN will be determined by the number of gallon-RINs generated for 
the batch); 40 CFR 80.1426(d)(1), 80.1426(f)(3)(iv), and 
80.1426(f)(3)(v) (clarified that a unique BBBBB code in the RIN, or its 
equivalent in EMTS, is used to identify a batch of renewable fuel from 
a given renewable fuel producer or importer); 40 CFR 80.1426 Table 2 
(clarified the extent to which renewable fuel producers must use 
certain advanced technologies in order for them to be considered when 
determining the proper D code for their fuel); 40 CFR 80.1426(f)(12) 
(clarified the requirements for gas to be considered biogas for 
purposes of determining a renewable fuel's D code); 40 CFR 80.1452(b) 
(clarified that RINs must be generated in EMTS within five (5) business 
days of being assigned to a batch of renewable fuel and clarified the 
information required to be submitted via EMTS for each batch of 
renewable fuel produced or imported); and, 40 CFR 80.1452(c) (clarified 
that transactions involving RINs generated on or after July 1, 2010 
must be conducted via EMTS within five (5) business days of a 
reportable event, and clarified the meaning of the term ``reportable 
event'' and the information required to be submitted via EMTS for each 
transaction involving RINs generated on or after July 1, 2010).
    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. We will address the comments received on the 
portions of the direct final rule listed above in a subsequent final 
action based on the parallel proposed rule also published on May 10, 
2010 (75 FR 26049). The provisions for which we did not receive adverse 
comment will become effective on July 1, 2010, as provided in the May 
10, 2010, direct final rule.

    Dated: June 24, 2010.
Lisa P. Jackson,
Administrator.

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
Accordingly, the definitions of ``actual peak capacity,'' ``baseline 
volume,'' and ``permitted capacity'' in 40 CFR 80.1401, and the 
amendments to 40 CFR 80.1403(a), 80.1425 introductory text and 
paragraph (i), 80.1426(d)(1) introductory text, 80.1426 Table 2, 
80.1426(f)(3)(iv), 80.1426(f)(3)(v), 80.1426(f)(12), 80.1452(b) 
introductory text, (b)(2), (b)(4), (b)(6), (b)(9), (b)(13), and 
(b)(15), and 80.1452(c) introductory text, (c)(4), (c)(5), and (c)(7), 
that were published on May 10, 2010 (75 FR 26026) are withdrawn as of 
June 30, 2010.

[FR Doc. 2010-15881 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P