80 FR 26461 - Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 89 (May 8, 2015)
Federal Register Volume 80, Issue 89 (May 8, 2015)
| Page Range | 26461-26463 | |
| FR Document | 2015-11033 |
[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)] [Rules and Regulations] [Pages 26461-26463] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11033] [[Page 26461]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2014-0910; FRL-9927-35-Region-3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Infrastructure Requirements for the 2010 Nitrogen Dioxide and 2012 Fine Particulate Matter National Ambient Air Quality Standards AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving portions of two State Implementation Plan (SIP) revisions submitted by the Commonwealth of Pennsylvania through the Pennsylvania Department of Environmental Protection (PADEP) pursuant to the Clean Air Act (CAA). Whenever new or revised national ambient air quality standards (NAAQS) are promulgated, the CAA requires states to submit a plan for the implementation, maintenance, and enforcement of such NAAQS. The plan is required to address basic program elements, including, but not limited to regulatory structure, monitoring, modeling, legal authority, and adequate resources necessary to assure attainment and maintenance of the standards. These elements are referred to as infrastructure requirements. PADEP made two separate SIP submittals addressing the infrastructure requirements for the 2010 nitrogen dioxide (NO2 ) NAAQS and the 2012 fine particular matter (PM2.5 ) NAAQS. In this rulemaking action, EPA is approving, in accordance with the requirements of the CAA, the two infrastructure SIP submissions with the exception of some portions of the submittals addressing visibility protection. DATES: This final rule is effective on June 8, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA-R03-OAR-2014-0910. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittals are available at the Pennsylvania Department of Environmental Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Summary of SIP Revision On February 6, 2015 (80 FR 6672), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Pennsylvania proposing approval of Pennsylvania's SIP submittals to satisfy several requirements of section 110(a)(2) of the CAA for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS.\1\ In the NPR, EPA proposed approval of Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS for the following infrastructure elements in section 110(a)(2): (A), (B), (C), (D)(i)(II) (prevention of significant deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Pennsylvania's July 15, 2014 SIP submittals for the 2010 NO2 NAAQS and the 2012 PM2.5 NAAQS did not include any provisions addressing section 110(a)(2)(D)(i)(I) (interstate transport) or 110(a)(2)(I) (nonattainment plan requirements). Thus, EPA's NPR did not propose to approve the infrastructure SIP submittals for the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS for the requirements in section 110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section 110(a)(2)(I) pertains to the nonattainment planning requirements of part D, Title I of the CAA, and therefore Pennsylvania was not required to submit anything for this element by the 3-year submission deadline of section 110(a)(1) for either the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS. The requirements of section 110(a)(2)(I) for these NAAQS will be addressed in a separate SIP process where appropriate. Section 110(a)(2)(D)(i)(I) pertains to interstate transport of emissions. EPA will take separate action for Pennsylvania concerning this element for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. Finally, Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS did include provisions addressing the visibility protection element in section 110(a)(2)(D)(i)(II) of the CAA; however, EPA's NPR did not propose to approve any of Pennsylvania's SIP submittals for the requirements in section 110(a)(2)(D)(i)(II) for visibility protection. EPA's NPR stated we would take separate action on the visibility protection element of section 110(a)(2)(D)(i)(II) submitted as part of the July 15, 2014 SIP submittals. Thus, this rulemaking does not take any final action on the July 15, 2014 infrastructure SIP submittals for section 110(a)(2)(D)(i)(II) (visibility protection) for the 2010 NO2 NAAQS or the 2012 PM2.5 NAAQS. --------------------------------------------------------------------------- \1\ EPA's February 6, 2015 NPR also proposed approval of two other Pennsylvania SIP submittals dated July 15, 2014 which addressed certain requirements of section 110(a)(2) of the CAA for the 2008 ozone NAAQS and the 2010 sulfur dioxide (SO2 ) NAAQS. In this rulemaking action, EPA is not taking final action on the Pennsylvania SIP submittals for the 2008 ozone NAAQS or 2010 SO2 NAAQS. EPA will take final rulemaking action on those SIP submittals in a separate action. --------------------------------------------------------------------------- In the NPR, EPA also proposed approval of Pennsylvania's July 15, 2014 SIP submittals for certain requirements of CAA section 110(a)(2) for the 2008 ozone and 2010 sulfur dioxide (SO2 ) NAAQS. EPA will take separate final action on the proposed approval of Pennsylvania's infrastructure SIP submittals for the 2008 ozone and 2010 SO2 NAAQS. The rationale supporting EPA's approval of Pennsylvania's July 15, 2014 infrastructure SIP submittals for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS, which address certain requirements of CAA section 110(a)(2), was explained in the NPR and the technical support document (TSD) accompanying the NPR and will not be restated here.\2\ The TSD is available online at www.regulations.gov, Docket ID Number EPA-R03-OAR-2014-0910. EPA received no adverse comments on our proposed approval of Pennsylvania's infrastructure SIP submittals which address certain requirements in section 110(a)(2) for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS as explained above. --------------------------------------------------------------------------- \2\ The NPR also explained the scope of infrastructure SIPs in general and EPA's authority to act on specific elements of CAA section 110(a)(2) for a particular NAAQS in separate rulemaking actions. --------------------------------------------------------------------------- II. Final Action EPA is approving as a revision to the Pennsylvania SIP, Pennsylvania's July 15, 2014 infrastructure SIP submittals which provide the basic program elements specified in section 110(a)(2)(A), (B), (C), (D)(i)(II)(PSD), [[Page 26462]] (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) of the CAA, necessary to implement, maintain, and enforce the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS. This rulemaking action does not include any rulemaking action on Pennsylvania's infrastructure SIP submittals for requirements in CAA section 110(a)(2)(D)(i)(I) (interstate transport) or (D)(i)(II) (visibility protection). EPA will address these requirements in section 110(a)(2)(D)(i)(I) and (D)(i)(II) (visibility protection) in separate actions. EPA will take final action on Pennsylvania's SIP submittals addressing infrastructure elements of CAA section 110(a)(2) for the 2008 ozone NAAQS and 2010 SO2 NAAQS in a separate action. This rulemaking does not address requirements for section 110(a)(2)(I) for the 2010 NO2 NAAQS or 2012 PM2.5 NAAQS as those requirements are due on a separate schedule and will be addressed in separate actions where necessary. III. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 7, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to Pennsylvania's section 110(a)(2) infrastructure elements for the 2010 NO 2 NAAQS and 2012 PM2.5 NAAQS may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Sulfur dioxide, Reporting and recordkeeping requirements. Dated: April 21, 2015. William C. Early, Acting Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart NN--Pennsylvania 0 2. In Sec. 52.2020, the table in paragraph (e)(1) is amended by adding two entries for Section 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS and 2012 PM2.5 NAAQS at the end of the table to read as follows: Sec. 52.2020 Identification of plan. * * * * * (e) * * * (1) * * * [[Page 26463]] ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State Additional revision area submittal date EPA approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * Section 110(a)(2) Statewide.............. 7/15/14 5/8/15 [Insert This rulemaking Infrastructure Requirements Federal Register action addresses for the 2010 NO2 NAAQS. citation]. the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Section 110(a)(2) Statewide.............. 7/15/14 5/8/15 [Insert This rulemaking Infrastructure Requirements Federal Register action addresses for the 2012 PM2.5 NAAQS. citation]. the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant deterioration), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-11033 Filed 5-7-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 89 / Friday, May 8, 2015 / Rules and Regulations 26461
ENVIRONMENTAL PROTECTION available either electronically through Section 110(a)(2)(D)(i)(I) pertains to
AGENCY www.regulations.gov or in hard copy for interstate transport of emissions. EPA
public inspection during normal will take separate action for
40 CFR Part 52 business hours at the Air Protection Pennsylvania concerning this element
[EPA–R03–OAR–2014–0910; FRL–9927–35– Division, U.S. Environmental Protection for the 2010 NO2 NAAQS and 2012
Region–3] Agency, Region III, 1650 Arch Street, PM2.5 NAAQS. Finally, Pennsylvania’s
Philadelphia, Pennsylvania 19103. July 15, 2014 infrastructure SIP
Approval and Promulgation of Air Copies of the State submittals are submittals for the 2010 NO2 NAAQS
Quality Implementation Plans; available at the Pennsylvania and 2012 PM2.5 NAAQS did include
Pennsylvania; Infrastructure Department of Environmental provisions addressing the visibility
Requirements for the 2010 Nitrogen Protection, Bureau of Air Quality, P.O. protection element in section
Dioxide and 2012 Fine Particulate Box 8468, 400 Market Street, Harrisburg, 110(a)(2)(D)(i)(II) of the CAA; however,
Matter National Ambient Air Quality Pennsylvania 17105. EPA’s NPR did not propose to approve
Standards FOR FURTHER INFORMATION CONTACT: Rose any of Pennsylvania’s SIP submittals for
Quinto, (215) 814–2182, or by email at the requirements in section
AGENCY: Environmental Protection 110(a)(2)(D)(i)(II) for visibility
Agency (EPA). quinto.rose@epa.gov.
SUPPLEMENTARY INFORMATION:
protection. EPA’s NPR stated we would
ACTION: Final rule. take separate action on the visibility
SUMMARY: The Environmental Protection I. Summary of SIP Revision protection element of section
Agency (EPA) is approving portions of On February 6, 2015 (80 FR 6672), 110(a)(2)(D)(i)(II) submitted as part of
two State Implementation Plan (SIP) EPA published a notice of proposed the July 15, 2014 SIP submittals. Thus,
revisions submitted by the rulemaking (NPR) for the this rulemaking does not take any final
Commonwealth of Pennsylvania Commonwealth of Pennsylvania action on the July 15, 2014
through the Pennsylvania Department of proposing approval of Pennsylvania’s infrastructure SIP submittals for section
Environmental Protection (PADEP) SIP submittals to satisfy several 110(a)(2)(D)(i)(II) (visibility protection)
pursuant to the Clean Air Act (CAA). requirements of section 110(a)(2) of the for the 2010 NO2 NAAQS or the 2012
Whenever new or revised national CAA for the 2010 NO2 NAAQS and PM2.5 NAAQS.
ambient air quality standards (NAAQS) 2012 PM2.5 NAAQS.1 In the NPR, EPA In the NPR, EPA also proposed
are promulgated, the CAA requires proposed approval of Pennsylvania’s approval of Pennsylvania’s July 15, 2014
states to submit a plan for the July 15, 2014 infrastructure SIP SIP submittals for certain requirements
implementation, maintenance, and submittals for the 2010 NO2 NAAQS of CAA section 110(a)(2) for the 2008
enforcement of such NAAQS. The plan and 2012 PM2.5 NAAQS for the ozone and 2010 sulfur dioxide (SO2)
is required to address basic program following infrastructure elements in NAAQS. EPA will take separate final
elements, including, but not limited to section 110(a)(2): (A), (B), (C), (D)(i)(II) action on the proposed approval of
regulatory structure, monitoring, Pennsylvania’s infrastructure SIP
(prevention of significant deterioration
modeling, legal authority, and adequate submittals for the 2008 ozone and 2010
(PSD)), (D)(ii), (E), (F), (G), (H), (J), (K),
resources necessary to assure attainment SO2 NAAQS.
(L), and (M). Pennsylvania’s July 15, The rationale supporting EPA’s
and maintenance of the standards. 2014 SIP submittals for the 2010 NO2 approval of Pennsylvania’s July 15, 2014
These elements are referred to as NAAQS and the 2012 PM2.5 NAAQS did infrastructure SIP submittals for the
infrastructure requirements. PADEP not include any provisions addressing 2010 NO2 NAAQS and 2012 PM2.5
made two separate SIP submittals section 110(a)(2)(D)(i)(I) (interstate NAAQS, which address certain
addressing the infrastructure transport) or 110(a)(2)(I) (nonattainment requirements of CAA section 110(a)(2),
requirements for the 2010 nitrogen plan requirements). Thus, EPA’s NPR was explained in the NPR and the
dioxide (NO2) NAAQS and the 2012 fine did not propose to approve the technical support document (TSD)
particular matter (PM2.5) NAAQS. In this infrastructure SIP submittals for the accompanying the NPR and will not be
rulemaking action, EPA is approving, in 2010 NO2 NAAQS or 2012 PM2.5 restated here.2 The TSD is available
accordance with the requirements of the NAAQS for the requirements in section online at www.regulations.gov, Docket
CAA, the two infrastructure SIP 110(a)(2)(D)(i)(I) or 110(a)(2)(I). Section ID Number EPA–R03–OAR–2014–0910.
submissions with the exception of some 110(a)(2)(I) pertains to the EPA received no adverse comments on
portions of the submittals addressing nonattainment planning requirements of our proposed approval of
visibility protection. part D, Title I of the CAA, and therefore Pennsylvania’s infrastructure SIP
DATES: This final rule is effective on Pennsylvania was not required to submittals which address certain
June 8, 2015. submit anything for this element by the requirements in section 110(a)(2) for the
ADDRESSES: EPA has established a 3-year submission deadline of section 2010 NO2 NAAQS and 2012 PM2.5
docket for this action under Docket ID 110(a)(1) for either the 2010 NO2 NAAQS as explained above.
Number EPA–R03–OAR–2014–0910. All NAAQS or 2012 PM2.5 NAAQS. The
documents in the docket are listed in requirements of section 110(a)(2)(I) for II. Final Action
the www.regulations.gov Web site. these NAAQS will be addressed in a EPA is approving as a revision to the
Although listed in the electronic docket, separate SIP process where appropriate. Pennsylvania SIP, Pennsylvania’s July
some information is not publicly 15, 2014 infrastructure SIP submittals
asabaliauskas on DSK5VPTVN1PROD with RULES
available, i.e., confidential business 1 EPA’s February 6, 2015 NPR also proposed
which provide the basic program
approval of two other Pennsylvania SIP submittals elements specified in section
information (CBI) or other information dated July 15, 2014 which addressed certain
whose disclosure is restricted by statute. requirements of section 110(a)(2) of the CAA for the 110(a)(2)(A), (B), (C), (D)(i)(II)(PSD),
Certain other material, such as 2008 ozone NAAQS and the 2010 sulfur dioxide
copyrighted material, is not placed on (SO2) NAAQS. In this rulemaking action, EPA is not 2 The NPR also explained the scope of
taking final action on the Pennsylvania SIP infrastructure SIPs in general and EPA’s authority
the Internet and will be publicly submittals for the 2008 ozone NAAQS or 2010 SO2 to act on specific elements of CAA section 110(a)(2)
available only in hard copy form. NAAQS. EPA will take final rulemaking action on for a particular NAAQS in separate rulemaking
Publicly available docket materials are those SIP submittals in a separate action. actions.
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Applicable State submittal
Name of non-regulatory SIP revision EPA approval date Additional explanation
geographic area date
* * * * * * *
Section 110(a)(2) Infrastructure Re- Statewide .......... 7/15/14 5/8/15 [Insert Federal This rulemaking action addresses the
quirements for the 2010 NO2 Register citation]. following CAA elements:
NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (pre-
vention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
Section 110(a)(2) Infrastructure Re- Statewide .......... 7/15/14 5/8/15 [Insert Federal This rulemaking action addresses the
quirements for the 2012 PM2.5 Register citation]. following CAA elements:
NAAQS. 110(a)(2)(A), (B), (C), (D)(i)(II) (pre-
vention of significant deterioration),
(D)(ii), (E), (F), (G), (H), (J), (K), (L),
and (M).
* * * * * 19, 2015 (80 FR 9078) that if we credits past January 1, 2020—to
[FR Doc. 2015–11033 Filed 5–7–15; 8:45 am] received adverse comment by April 6, effectively receive a small refiner- and
BILLING CODE 6560–50–P 2015, as to any part of the direct final small volume refinery-specific period of
rule, those parts would be withdrawn by lead time before these parties must
publishing a timely notice in the comply with the Tier 3 sulfur standards.
ENVIRONMENTAL PROTECTION Federal Register. Because EPA received Although it is not clear whether this
AGENCY adverse comment, we are withdrawing comment is germane to the provisions of
the amendments that were the subject of the direct final rule, in light of the short
40 CFR Part 80 these adverse comments and they will time frame for withdrawal of the direct
[EPA–HQ–OAR–2011–0135; FRL–9927–17– not take effect. Three specific provisions final rule, we have decided to treat this
OAR] are being withdrawn, as described as an adverse comment on the amended
below. rulemaking provisions and we therefore
RIN 2060–AS36 First, 40 CFR 80.1453: In the are withdrawing the proposed changes
Partial Withdrawal of Technical Renewable Fuel Standard (RFS) Quality to 40 CFR 80.1616.
Amendments Related to: Tier 3 Motor Assurance Program (QAP) Rule (79 FR Third, 40 CFR 80.1621: Following
Vehicle Fuel and Quality Assurance 42078, July 18, 2014), EPA added publication of the Tier 3 Final Rule (79
Plan Provisions additional product transfer document FR 23414, April 28, 2014) we were
(PTD) requirements for renewable fuels contacted by some refiners to clarify if/
AGENCY: Environmental Protection that informed parties that took when small volume refineries could be
Agency (EPA). ownership of the renewable fuel that disqualified, because there was language
ACTION: Partial withdrawal of direct they would need to (a) use the fuel as inadvertently deleted from the
final rule. it was intended, i.e., for transportation regulatory text as part of the Tier 3 final
use; and, (b) incur a renewable volume rule. In re-inserting this text in the
SUMMARY: Because EPA received obligation (RVO) if the fuel was direct final rule, we clarified that small
adverse comment on certain elements of exported. Shortly after publication of volume refinery disqualification was
the Tier 3 Amendments direct final rule the QAP final rule, we received akin to small refiner disqualification.
published on February 19, 2015, we are questions on whether these PTD We received adverse comment raising
withdrawing those elements of the requirements would apply downstream the issue that the new wording is
direct final rule. EPA intends to to the end users, including residential confusing because it does not explicitly
consider the comments received and heating oil owners and people filling up state exactly when and under which
proceed with a new final rule for the their fuel tanks at fuel retail stations. circumstances that disqualification
withdrawn elements. The remaining EPA provides downstream end user could occur, and also that the term
elements will go into effect pursuant to exemptions to the PTD requirements in ‘‘small refinery’’ was used instead of the
the direct final rule. other fuels programs, and the direct correct term ‘‘small volume refinery’’. In
DATES: Effective May 5, 2015, EPA final rule included similar exemptions this action we are withdrawing all
withdraws the amendments to 40 CFR for RFS PTD requirements. The words changes to 40 CFR 80.1621.
80.1453, 80.1616, and 80.1621 ‘‘or custody’’ were inadvertently added EPA published a parallel proposed
published at 80 FR 9078 on February 19, to the RFS PTD requirements and we rule on the same day as the direct final
2015. received several comments pointing out rule. The proposed rule invited
that applying the PTD requirements to comment on the substance of the direct
FOR FURTHER INFORMATION CONTACT: Julia
the transfer of custody of renewable final rule. EPA intends to consider the
MacAllister, Office of Transportation
fuels would be costly to industry and comments received and proceed with a
and Air Quality, Assessment and
not beneficial to the RFS program. In new final rule. As stated in the parallel
Standards Division, 2000 Traverwood
asabaliauskas on DSK5VPTVN1PROD with RULES
this action we are withdrawing all of the proposal, EPA does not plan to institute
Drive, Ann Arbor, Michigan 48105;
changes to 40 CFR 80.1453. a second comment period for the
telephone number: 734–214–4131; Second, 40 CFR 80.1616: The direct proposed action with respect to the
email address: MacAllister.Julia@ final rule included some clarifying provisions that are withdrawn by this
epa.gov. language for when credits expire and are notice.
SUPPLEMENTARY INFORMATION: We stated reported. We received a comment The amendments for which we did
in the Tier 3 Technical Amendments advocating for small refiners and small not receive adverse comment are not
direct final rule published on February volume refineries to be allowed to use being withdrawn and will become
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Document Created: 2018-02-21 10:24:25
Document Modified: 2018-02-21 10:24:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on June 8, 2015. | |
| Contact | Rose Quinto, (215) 814-2182, or by email at [email protected] | |
| FR Citation | 80 FR 26461 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Sulfur Dioxide and Reporting and Recordkeeping Requirements |
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