[Federal Register Volume 90, Number 49 (Friday, March 14, 2025)]
[Rules and Regulations]
[Pages 12109-12114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03976]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 80
[EPA-HQ-OAR-2024-0411; FRL-12015.1-02-OAR]
RIN 2060-AW46
Renewable Fuel Standard (RFS) Program: Extension of 2024
Compliance Reporting Deadline
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is extending the Renewable Fuel Standard (RFS) compliance
reporting deadline for the 2024 compliance year. EPA is also making
several minor amendments and technical corrections to other RFS
provisions.
DATES:
Effective date. This rule is effective on March 13, 2025. The
incorporation by reference of certain publications listed in this
regulation is approved by the Director of the Federal Register as of
March 13, 2025.
Operational date. For operational purposes under the Clean Air Act
(CAA), this final rule is effective as of March 7, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2024-0411. All documents in the docket are listed on the
https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material is not available on the internet and
will be publicly available only in hard copy form. Publicly available
docket materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For questions regarding this action,
contact Nick Parsons, Office of Transportation and Air Quality,
Assessment and Standards Division, Environmental Protection Agency,
2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734)
214-4479; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Dates
Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C.
chapter 5, generally provides that rules may not take effect until 30
days after they are published in the Federal Register. EPA is issuing
this final rule under section 307(d) of the CAA (or ``the Act''), which
states, ``The provisions of section 553 through 557 . . . of Title 5
shall not, except as expressly provided in this section, apply to
actions to which this subsection applies.'' Thus, section 553(d) of the
APA does not apply to this rule. EPA is nevertheless acting
consistently with the policies underlying APA section 553(d) in making
this final rule operational upon signature. The purpose of this APA
provision is to ``give affected parties a reasonable time to adjust
their behavior before the final rule takes effect.'' \1\ However, when
an agency grants or recognizes an exemption or relieves a restriction,
affected parties do not need a reasonable time to adjust because the
effect is not adverse. Thus, APA section 553(d)(1) allows for an
effective date less than 30 days after publication for any rule that
``grants or recognizes an exemption or relieves a restriction.'' \2\
Here, the regulatory amendments to 40 CFR part 80 relieve a restriction
by extending the 2024 RFS compliance reporting deadline (and by
operation of law the associated attest engagement reporting deadline)
ahead of the otherwise imminent deadline of March 31, 2025, thus
providing obligated parties with additional time to demonstrate
compliance with their 2024 renewable volume obligations (RVOs) under
the RFS program.
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\1\ Omnipoint Corp. v. Fed. Commc'n Comm'n, 78 F.3d 620, 630
(D.C. Cir. 1996); see also United States v. Gavrilovic, 551 F.2d
1099, 1104 (8th Cir. 1977) (quoting legislative history).
\2\ See 5 U.S.C. 553(d)(1).
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Good cause to make a rule immediately effective also exists under
APA section 553(d)(3). To make such a finding, an agency must ``balance
the necessity for immediate implementation against principles of
fundamental fairness which require that all affected persons be
afforded a reasonable amount of time to prepare for the effective date
of its ruling.'' \3\ Under this standard, EPA has determined that there
is good cause to make the regulatory amendments to 40 CFR part 80 in
this action operational upon signature so that obligated parties do not
have to comply with their 2024 RVOs before modifications to the 2024
cellulosic biofuel standard become final. Otherwise, there would be
confusion among obligated parties regarding their compliance
obligations if the deadline took effect before the revised 2024
cellulosic biofuel standard was finalized.
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\3\ Gavrilovic, 551 F.2d at 1105.
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Does this action apply to me?
Entities potentially affected by this action are those involved
with the production, distribution, and sale of transportation fuels
(e.g., gasoline and diesel fuel) and renewable fuels (e.g., ethanol,
biodiesel, renewable diesel, and biogas). Potentially affected
categories include:
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Examples of potentially
Category NAICS \a\ code affected entities
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Industry....................... 211130 Natural gas liquids
extraction and
fractionation.
Industry....................... 221210 Natural gas production
and distribution.
Industry....................... 324110 Petroleum refineries
(including importers).
Industry....................... 325120 Biogases, industrial
(i.e., compressed,
liquified, solid),
manufacturing.
Industry....................... 325193 Ethyl alcohol
manufacturing.
Industry....................... 325199 Other basic organic
chemical
manufacturing.
[[Page 12110]]
Industry....................... 424690 Chemical and allied
products merchant
wholesalers.
Industry....................... 424710 Petroleum bulk stations
and terminals.
Industry....................... 424720 Petroleum and petroleum
products wholesalers.
Industry....................... 457210 Fuel dealers.
Industry....................... 562212 Landfills.
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\a\ North American Industry Classification System (NAICS).
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities potentially affected by this
action. This table lists the types of entities that EPA is now aware
could potentially be affected by this action. Other types of entities
not listed in the table could also be affected. To determine whether
your entity would be affected by this action, you should carefully
examine the applicability criteria in 40 CFR part 80. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Preamble Acronyms and Abbreviations
Throughout this document the use of ``we,'' ``us,'' or ``our'' is
intended to refer to EPA. We use multiple acronyms and terms in this
preamble. While this list may not be exhaustive, to ease the reading of
this preamble and for reference purposes, EPA defines the following
terms and acronyms here:
CAA Clean Air Act
RFS Renewable Fuel Standard
RIN Renewable Identification Number
RVO Renewable Volume Obligation
SRE Small Refinery Exemption
Outline of This Preamble
I. Background and Extension of 2024 RFS Compliance Reporting
Deadline
II. Other RFS Amendments
A. Annual Attest Engagement Deadline Consolidation
B. Updated Standard Specification for Biodiesel
C. Technical Corrections
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
K. Congressional Review Act (CRA)
IV. Statutory Authority
I. Background and Extension of 2024 RFS Compliance Reporting Deadline
On December 12, 2024, EPA proposed a rule to, among other things,
partially waive the 2024 cellulosic biofuel volume requirement under
the RFS program and revise the associated 2024 cellulosic biofuel
percentage standard.\4\ In this action, EPA is not finalizing the
proposed partial waiver of the 2024 cellulosic biofuel requirement;
EPA's decision on the proposed partial waiver and EPA's response to
comments on that topic may be part of a later action. EPA also proposed
several additional amendments to other RFS provisions, a majority of
which are not being finalized here, but may instead be addressed in a
later action.
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\4\ 89 FR 100442.
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In addition to the foregoing, EPA also proposed to extend the 2024
RFS compliance reporting deadline from March 31, 2025, to the next
quarterly compliance reporting deadline after the effective date of the
action finalizing the revised 2024 cellulosic biofuel standard. This
action finalizes the extension of the 2024 RFS compliance reporting
deadline as proposed for the reasons described below.
While the original 2024 RFS compliance reporting deadline of March
31, 2025, is still several weeks away, we expect that the effective
date of the revised 2024 cellulosic biofuel standard will not occur
until after this deadline. Therefore, in order to provide obligated
parties with sufficient time to carry out and adjust their compliance
strategies once we finalize the revised 2024 cellulosic biofuel
standard, we are extending the 2024 RFS compliance reporting deadline
from March 31, 2025, to the next quarterly compliance reporting
deadline after the effective date of the final rule establishing the
revised 2024 cellulosic biofuel standard.\5\ By operation of law, the
2024 attest engagement deadline would also be extended to the next June
1 annual attest engagement reporting deadline after the revised 2024
RFS compliance reporting deadline.\6\
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\5\ The quarterly reporting deadlines are March 31, June 1,
September 1, and December 1. 40 CFR 80.1451(f)(2).
\6\ 40 CFR 80.1464(d)(1)(i).
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To illustrate the potential timing of these deadlines, if the final
rule establishing the revised 2024 cellulosic biofuel standard is
published in the Federal Register on May 15, 2025, then the effective
date of the action would typically be 60 days later on July 14, 2025,
and the 2024 RFS compliance reporting deadline would be September 1,
2025, because that would be the next quarterly reporting deadline after
the effective date of the revised 2024 cellulosic biofuel standard. The
2024 attest engagement reporting deadline would then be June 1, 2026,
because that would the next June 1 annual attest engagement reporting
deadline after the revised 2024 RFS compliance reporting deadline.
This approach will provide regulatory certainty for obligated
parties by providing them with sufficient time to carry out and adjust
their compliance strategies once we finalize the revised 2024
cellulosic biofuel standard, thereby preventing unnecessary burden on
obligated parties to prepare, submit, and then possibly retract and
revise their 2024 RFS compliance reports. This approach is consistent
with EPA's prior rules extending RFS compliance reporting deadlines in
different factual circumstances \7\ and with D.C. Circuit's case
law.\8\
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\7\ 86 FR 17073 (April 1, 2021); 87 FR 5696 (February 2, 2022).
\8\ Wynnewood Refining Co., LLC, et al. v. EPA, 77 F.4th 767,
779 (D.C. Cir. 2023) (``Thus, rather than task EPA with overseeing a
fixed compliance schedule, the Act gives EPA flexibility to craft
and adjust a compliance regime in service of the Act's core mandate:
to ensure the Act's annual renewable fuel volumes are met.''). See
also ACE, 864 F.3d at 718-21; Monroe Energy, LLC v. EPA, 750 F.3d
909, 919-20 (D.C. Cir. 2014); Nat'l Petrochemical & Refiners Ass'n
v. EPA, 630 F.3d 145, 154-58) (D.C. Cir. 2010).
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Commenters expressed mixed opinions on the proposed extension of
the 2024 RFS compliance reporting deadline. A number of commenters
supported the extension, stating that it would provide obligated
parties with certainty regarding their RIN obligations and sufficient
time to comply with the
[[Page 12111]]
revised 2024 cellulosic biofuel standard. These commenters also stated
that this extension would avoid confusion regarding when RINs need to
be retired and avoid duplicative compliance reporting. Finally, these
commenters also requested that EPA finalize the compliance date
extension as quickly as possible in a final rule separate from the
proposed partial waiver of the 2024 cellulosic biofuel volume
requirement. We thank these commenters for their support and are
finalizing the proposed extension in a separate action ahead of the
previous 2024 RFS compliance reporting deadline of March 31, 2025, as
suggested by the commenters.
One of these commenters also suggested that EPA should extend the
RFS compliance reporting deadline for 2024 specifically to occur either
by the next quarterly reporting deadline after the revised 2024
cellulosic biofuel standard becomes effective or after the attest
engagement reporting deadline for the prior year (i.e., 2023),
whichever is later. The commenter also suggested regulatory language to
make this change. The commenter stated that this approach is needed to
ensure that an obligated party does not unintentionally carry forward a
compliance deficit for two consecutive years (i.e., for 2022 and 2023).
However, because the attest engagement reporting deadline for 2023 has
already passed (June 1, 2024) and all obligated parties should already
have completed their attest engagements, it is unclear to EPA why such
regulatory language would be necessary for the 2024 compliance year or
what it would accomplish in practice. Therefore, we are not adopting
this approach in this action.
Other commenters stated that they did not necessarily oppose the
proposed extension to provide obligated parties more time to ensure
compliance, but only in the scenario where obligated parties are
complying with the existing 2024 cellulosic biofuel volume requirement
(i.e., a scenario where EPA does not waive the existing 1.09 billion
RIN cellulosic biofuel volume requirement for 2024). These commenters
also stated that such an extension would allow EPA to get a full
picture of cellulosic RIN availability for 2024, project any policy
changes as a result of case law surrounding small refinery exemption
(SRE) petitions, and give the incoming administration an opportunity to
review the basis of the proposed partial waiver. We are not taking
final action on the proposed partial waiver of the 2024 cellulosic
biofuel volume requirement in this action and thus are not opining on
whether obligated parties will have to comply with the existing 2024
cellulosic biofuel standard.
Several commenters stated that an extension of the 2024 RFS
compliance reporting deadline is unnecessary, but most provided no
justification for their opposition other than stating that it was
unnecessary. We disagree that the extension is unnecessary for the
reasons described above.
One of these commenters suggested that obligated parties should be
required to comply with the other RFS standards (i.e., biomass-based
diesel, advanced biofuel, and total renewable fuel) and then
demonstrate compliance with just the cellulosic biofuel standard at a
later date. The commenter suggested that such an approach could mimic
the alternative RIN retirement schedule developed by EPA for small
refineries to comply with their 2020 RVOs. We disagree that such an
approach is appropriate or feasible for several reasons. First, given
the nested nature of the RFS standards, it is not possible for
obligated parties to comply with just their advanced biofuel and total
renewable fuel obligations, as the cellulosic biofuel standard is
nested within those standards. Such an approach would essentially
require obligated parties to over-comply with their advanced biofuel
and total renewable fuel obligations by retiring extra D4, D5, or D6
RINs that would otherwise be satisfied by the D3 RINs they retire to
comply with their cellulosic biofuel obligations. Second, the small
refinery alternative RIN retirement schedule was an optional program
developed by EPA to address a very unique set of compliance challenges
faced by small refineries at that specific time.\9\ Those challenges do
not exist in this instance and such an approach would be unnecessarily
difficult and cumbersome to implement when a simple extension of the
2024 RFS compliance reporting deadline would accomplish the same
desired outcome by providing all obligated parties with additional time
to comply with their 2024 RVOs and avoiding duplicative compliance
reporting.
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\9\ 87 FR 54160-61 (September 2, 2022).
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This commenter also stated that delaying the RFS compliance
reporting deadline could result in obligated parties using exporter
RVOs and remedial actions to reduce RIN supply, or obligated party
abuse of EPA's waiver authority, SRE petitions, and existing RFS
compliance flexibilities. However, it is unclear to EPA how a delay of
the 2024 RFS compliance reporting deadline could result in any of the
outcomes suggested by the commenter. A delay of the 2024 RFS compliance
reporting deadline will not impact renewable fuel production for the
year in question, nor will it allow for additional renewable fuel to be
exported retroactively; it will only delay when RINs generated for the
year in question need to be retired by obligated parties. Independent
of the RFS annual compliance reporting deadline regulations for
obligated parties in 40 CFR 80.1451(f)(1)(i), exporters of renewable
fuel are required to satisfy exporter RVOs within 30 days of exporting
the renewable fuel under 40 CFR 80.1430(f). In other words, retirement
of RINs for exporter RVOs are not tied to the 2024 RFS compliance
reporting deadline.\10\ Obligated parties will need to retire the same
number of RINs for 2024 compliance regardless of the date EPA sets for
the RFS compliance reporting deadline. These comments are speculative
and provide no basis for the assertions made.
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\10\ Note that exporters of renewable fuel must still submit
annual compliance reports in accordance with the annual compliance
reporting deadlines at 40 CFR 80.1451. While these reports summarize
the exporter's annual exporting activity, the reports do not affect
the timing of RIN retirements associated with exported renewable
fuel.
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Finally, one commenter proposed a completely different construct
for the proposed extension of the 2024 RFS compliance reporting
deadline, suggesting that EPA should extend the deadline to 12-16
months after EPA issues the decision for the last pending SRE petition
under CAA section 211(o)(9) for 2023 and 2024, and not connect it, as
proposed, to the date EPA takes final action on the proposed partial
waiver of the 2024 cellulosic biofuel requirement. This commenter also
stated that such an extension should apply to all obligated parties,
not just small refineries, and asserted that because the proposed rule
did not resolve certain unique issues regarding outstanding SRE
petitions (i.e., small refineries knowing the decisions regarding their
pending petitions and having sufficient time to develop a compliance
strategy in the case of a denied petition), EPA did not fully consider
the economic impact of the proposed extension on small entities under
the Regulatory Flexibility Act.
These comments are beyond the scope of this action. EPA's decisions
on pending SRE petitions are not relevant to the proposed extension the
2024 RFS compliance reporting deadline, which was based on EPA's
proposed partial waiver of the 2024 cellulosic biofuel requirement. If
EPA's actions on those pending SRE petitions have their own effect on
the 2024 or other year's RFS
[[Page 12112]]
compliance reporting deadlines, EPA will address that effect in any
actions taken pursuant to CAA section 211(o)(9), not in this action.
Moreover, even if this comment were not beyond the scope of the action,
this commenter's suggested approach is unworkable given the language of
CAA section 211(o)(9)(B)(i) that allows qualifying small refineries to
petition for exemptions from their RFS compliance obligations ``at any
time,'' meaning the date that the last pending SRE petition for 2023
and 2024 are resolved, including the inevitable court challenges, may
be years in the future.
The bottom line is that, absent this EPA action to extend the 2024
RFS compliance reporting deadline, all obligated parties--including
small refineries--would be required to comply with their 2024 RVOs by
March 31, 2025, regardless of any pending SRE petitions. Thus, the
extension of the 2024 RFS compliance reporting deadline finalized in
this action will provide all obligated parties--including small
refineries--with more time to develop their compliance strategies than
they would otherwise be afforded.
II. Other RFS Amendments
In addition to extending the 2024 RFS compliance reporting
deadline, we are also making several revisions to the RFS program, as
further discussed in this section.
A. Annual Attest Engagement Deadline Consolidation
We are consolidating and simplifying the existing provisions for
the RFS program's annual attest engagement deadline. Specifically, we
are specifying that the deadline is always the next June 1 annual
attest engagement reporting deadline after the annual compliance
reporting deadline. The previous language at 40 CFR 80.1464(d)(1)
contained redundant and year-specific attest engagement deadline
language that, taken together, resulted in the same June 1 deadline for
any given compliance year, making the previous regulatory structure
unnecessarily complicated. The simplified attest engagement deadline
language does not change the deadline for any compliance year and makes
it easier for obligated parties to understand when their annual attest
engagement reports are due by removing redundant and sunsetted text
from the RFS regulations. We received one comment in support of
consolidating and simplifying the existing provisions for the annual
attest engagement deadline and no adverse comments. As such, we are
finalizing the provisions as proposed.
B. Updated Standard Specification for Biodiesel
We are updating the reference in 40 CFR part 80 to ASTM D6751-20a--
which is used in the definition of biodiesel in 40 CFR 80.2--to
reference the most recent industry standard of ASTM D6751-24. ASTM
D6751 is used to define the quality of biodiesel that may participate
in the RFS program, and we periodically update industry standards
codified in our regulations to be consistent with changes to these
standards over time. However, after EPA last updated the reference to
ASTM D6751 in 40 CFR part 80,\11\ industry has updated ASTM D6751 in a
way that has resulted in inconsistency of quality standards between the
version that was specified in the RFS regulations (ASTM D6751-20a) and
the most recent version (ASTM D6751-24), which many states use. To
address potential confusion on the part of stakeholders with regards to
acceptable biodiesel quality under the RFS program, we are updating the
regulations to reference the most recent version of ASTM D6751. We
received several comments that all supported updating the reference to
ASTM D6751-24 and are therefore finalizing this update as proposed.
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\11\ 88 FR 44468 (July 12, 2023).
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C. Technical Corrections
We are making several technical amendments to 40 CFR part 80. These
amendments are being made to correct minor inaccuracies and clarify the
current regulations. These changes are described in table II.C-1. We
received one comment in support of these revisions and are therefore
finalizing these technical corrections and clarifications as proposed.
Table II.C-1--Miscellaneous Technical Corrections and Clarifications
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Part and section of title 40 Description of revision
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Sec. 80.2....................... Correcting a typo in the definition
of ``Glycerin''.
Sec. 80.2....................... Replacing a cross-reference to a
deleted provision in the definition
of ``Locomotive engine''.
Sec. Sec. 80.105(j)(3) and Clarifying that batch numbers are
80.110(j)(3). numbered based on the compliance
year of the batch, rather than the
calendar year.
Sec. 80.1440(f)(1).............. Removing cross-references to deleted
provisions.
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III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 and was therefore not subject to a requirement
for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action alleviates regulatory burden as described in Executive
Order 14192.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. OMB has previously approved the information collection
activities related to this proposed rule and has assigned the following
OMB control numbers 2060-0725, 2060-0740, and 2060-0749. This action
extends the 2024 RFS compliance reporting deadline and would not impose
new or different reporting requirements on regulated parties than
already exist for the RFS program.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
[[Page 12113]]
because the rule relieves regulatory burden on the small entities
subject to the rule.
This action extends the 2024 RFS compliance reporting deadline and
makes minor corrections and modifications to the RFS regulations. As
such, we do not anticipate that there will be any significant adverse
economic impact on directly regulated small entities as a result of
these revisions.
The small entities directly regulated by the RFS program are small
refiners, which are defined at 13 CFR 121.201. This action would
decrease burden via an extension of the 2024 RFS compliance reporting
deadline. We have therefore concluded that this action will relieve
regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local, or Tribal governments. Requirements for the private
sector do not exceed $100 million in any one year.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and affects transportation fuel refiners, blenders, marketers,
distributors, importers, exporters, and renewable fuel producers and
importers. Tribal governments would be affected only to the extent they
produce, purchase, and use regulated fuels. Thus, Executive Order 13175
does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive order. Therefore, this action is not subject to Executive
Order 13045 because it extends the 2024 RFS compliance reporting
deadline and does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves technical standards. In accordance with the
requirements of 1 CFR 51.5, we are incorporating by reference the
following standard from ASTM International (ASTM):
Table III.J-1--Standard To Be Incorporated by Reference
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Part and section
Standard of title 40 Summary
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ASTM D6751-24, Standard Sec. Sec. 80.2 This updated standard
Specification for Biodiesel and 80.12. describes the
Fuel Blendstock (B100) for characteristics of
Middle Distillate Fuels, biodiesel.
approved March 1, 2024.
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A detailed discussion of this standard can be found in section
II.B. Copies of this standard may be obtained from ASTM International,
100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959,
by calling (877) 909-ASTM, or at https://www.astm.org.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
IV. Statutory Authority
Statutory authority for this action comes from sections 114, 203-
05, 208, 211, and 301 of the CAA, 42 U.S.C. 7414, 7522-24, 7542, 7545,
and 7601.
List of Subjects in 40 CFR Part 80
Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Incorporation by reference, Oil imports, Petroleum, Renewable fuel.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
80 as follows:
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0
1. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).
Subpart A--General Provisions
0
2. Amend Sec. 80.2 by revising the definitions ``Glycerin'' and
``Locomotive engine'' to read as follows:
Sec. 80.2 Definitions.
* * * * *
Glycerin means a co-product from the production of biodiesel that
primarily contains glycerol.
* * * * *
Locomotive engine means an engine used in a locomotive as defined
under 40 CFR 1033.901.
* * * * *
0
3. Amend Sec. 80.12 by revising paragraphs (b)(1) and (c)(12) to read
as follows:
Sec. 80.12 Incorporation by reference.
* * * * *
(b) * * *
(1) SM 2540, Solids, revised June 10, 2020; IBR approved for Sec.
80.155(c).
* * * * *
(c) * * *
(12) ASTM D6751-24, Standard Specification for Biodiesel Fuel
Blendstock (B100) for Middle Distillate
[[Page 12114]]
Fuels, approved March 1, 2024 (``ASTM D6751''); IBR approved for Sec.
80.2.
* * * * *
Subpart E--Biogas-Derived Renewable Fuel
0
4. Amend Sec. 80.105 by revising paragraph (j)(3) to read as follows:
Sec. 80.105 Biogas producers.
* * * * *
(j) * * *
(3) The biogas producer must assign a number (the ``batch number'')
to each batch of biogas consisting of their EPA-issued company
registration number, the EPA-issued facility registration number, the
last two digits of the compliance year in which the batch was produced,
and a unique number for the batch, beginning with the number one for
the first batch produced each compliance year and each subsequent batch
during the compliance year being assigned the next sequential number
(e.g., 4321-54321-23-000001, 4321-54321-23-000002, etc.).
* * * * *
0
5. Amend Sec. 80.110 by revising paragraph (j)(3) to read as follows:
Sec. 80.110 RNG producers, RNG importers, and biogas closed
distribution system RIN generators.
* * * * *
(j) * * *
(3) The RNG producer, RNG importer, or biogas closed distribution
system RIN generator must assign a number (the ``batch number'') to
each batch of RNG or biogas-derived renewable fuel consisting of their
EPA-issued company registration number, the EPA-issued facility
registration number, the last two digits of the compliance year in
which the batch was produced, and a unique number for the batch,
beginning with the number one for the first batch produced each
compliance year and each subsequent batch during the compliance year
being assigned the next sequential number (e.g., 4321-54321-23-000001,
4321-54321-23-000002, etc.).
* * * * *
Subpart M--Renewable Fuel Standard
0
6. Amend Sec. 80.1440 by revising paragraph (f)(1) to read as follows:
Sec. 80.1440 What are the provisions for blenders who handle and
blend less than 250,000 gallons of renewable fuel per year or who
handle renewable fuel blended for fuels under a national security
exemption?
* * * * *
(f) * * *
(1) Tactical military vehicles, engines, or equipment having an EPA
national security exemption from emission standards under 40 CFR
85.1708, 1042.635, or 1068.225.
* * * * *
0
7. Amend Sec. 80.1451 by adding paragraph (f)(1)(i)(B)(5) to read as
follows:
Sec. 80.1451 What are the reporting requirements under the RFS
program?
* * * * *
(f) * * *
(1) * * *
(i) * * *
(B) * * *
(5) For the 2024 compliance year, annual compliance reports must be
submitted by the next quarterly reporting deadline under paragraph
(f)(2) of this section after the date the revised 2024 cellulosic
biofuel standard becomes effective in Sec. 80.1405(a).
* * * * *
0
8. Amend Sec. 80.1464 by revising paragraph (d)(1) to read as follows:
Sec. 80.1464 What are the attest engagement requirements under the
RFS program?
* * * * *
(d) * * *
(1) Obligated parties. Obligated parties must submit annual attest
engagement reports to EPA by the next June 1 annual attest engagement
reporting deadline after the annual compliance reporting deadline under
Sec. 80.1451(f)(1)(i).
* * * * *
[FR Doc. 2025-03976 Filed 3-13-25; 8:45 am]
BILLING CODE 6560-50-P