[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Notices]
[Pages 76974-76975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31661]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0837; FRL-9504-6]


Notice of Receipt of, and Opportunity To Comment on, a Plan by 
Fiberight of Blairstown LLC for Separation of Recyclable Material From 
Municipal Solid Waste Intended for Use as a Feedstock for Renewable 
Fuel Production at a Blairstown, IA Biorefinery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is issuing notice of receipt of, and opportunity to 
comment on, a plan by Fiberight of Blairstown LLC to remove recyclables 
from municipal solid waste (MSW) prior to its use as a feedstock for 
renewable fuel production at their biorefinery in Blairstown, Iowa. 
Submission of a separation plan is a registration requirement under the 
Renewable Fuel Standard Program regulations established under Clean Air 
Act section 211(o) for producers seeking to make qualifying renewable 
fuel from MSW-derived feedstock. The separation plan must demonstrate 
ongoing verification that there is separation of recyclable paper, 
cardboard, plastics, rubber, textiles, metals, and glass wastes to the 
extent reasonably practicable. MSW-derived feedstock collected 
according to a separation plan approved by EPA may qualify as 
``separated MSW'' in biofuel production pathways authorized for 
generation of Renewable Identification Numbers (RINs) under the 
Renewable Fuel Standard Program.

DATES: Comments must be received on or before January 9, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2011-0837, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Environmental Protection 
Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW., Washington, DC 
20460. Please include a total of two copies.''
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 
20460. Such deliveries are only accepted during the Docket's normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-2011-
0837. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: The complete plan and all supporting materials are 
available for public review in the docket. All documents in the docket 
are listed in the http://www.regulations.gov index. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 
1301 Constitution Ave. NW., Washington, DC. The Public Reading Room 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 and Radiation 
Docket is (202) 566-1741.

FOR FURTHER INFORMATION CONTACT: Madison Le, Office of Transportation 
and Air Quality, Mailcode: 6406J, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 
343-9094; fax number: (202) 343-2802; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

(A) Request for Comments

    On October 11, 2011, Fiberight Blairstown Operating, LLC 
(``Fiberight'') submitted a plan to EPA pursuant to 40 CFR 
80.1450(b)(1)(viii) for the separation of recyclable material from 
municipal solid waste (MSW) prior to its use as a feedstock for 
renewable fuel production under the Renewable Fuels Standard Program of 
Clean Air Act Section 211(o). The Fiberight separation plan has been 
placed in the public docket and is available for public comment.
    Fiberight seeks EPA approval that their plan will demonstrate 
ongoing verification that there is separation from MSW of recyclable 
paper, cardboard, plastics, rubber, textiles, metals, and glass wastes 
to the extent reasonably

[[Page 76975]]

practicable before the separated MSW is used as a feedstock for biofuel 
production. EPA has outlined registration requirements for producers of 
renewable fuel made from separated MSW in 80.1450(b)(1)(viii), 
including the requirement for submission of a separation plan. EPA has 
also developed supplemental questions to better understand where the 
recyclable materials will be diverted after separation, the recycle 
goals of the local community, and the existing recycling programs and 
infrastructure in the region. Fiberight provided responses to these 
supplemental questions in their plan (referenced in pages 13 to 16 of 
their plan). EPA solicits comments and information to assist EPA in 
evaluating the Fiberight separation plan for possible approval.
    Although EPA's approval or disapproval of the Fiberight separation 
plan will not be conducted through rulemaking, and an opportunity for 
public comment is not legally required prior to EPA action on the plan, 
EPA is soliciting public comment at this time because the Fiberight 
separation plan is the first such plan to be submitted to EPA for 
approval. EPA believes that public comment on this first plan 
submission would be beneficial, but EPA may not seek public comment 
prior to approval or disapproval of future separation plan submissions.
    The public is specifically invited to comment whether Fiberight's 
separation plan incorporates all of the elements required in the 
regulations and provides for the separation of recyclable cardboard, 
plastics, rubber, textiles, metals, and glass from MSW to the extent 
that is reasonably practicable.

    Dated: December 5, 2011.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. 2011-31661 Filed 12-8-11; 8:45 am]
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