
[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]               
[Page 29753-29755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-44]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0380; FRL-8569-5]

 
Notice of Receipt of a Request From the State of Texas for a 
Waiver of a Portion of the Renewable Fuel Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 211(o)(7) of the Clean Air Act (the 
Act), 42 U.S.C. 7545(o)(7), EPA is issuing a notice of receipt of a 
request for a waiver of 50 percent of the renewable fuel standard (RFS) 
``mandate for the production of ethanol derived from grain.'' The 
request has been made by the Governor of the State of Texas. Section 
211(o)(7)(A) of the Act allows the Administrator of the EPA to grant 
the waiver if implementation of the national RFS requirements would 
severely harm the economy or environment of a state, a region, or the 
United States, or if EPA determines that there is inadequate domestic 
supply of renewable fuel. EPA is required by the Act to provide public 
notice and

[[Page 29754]]

opportunity for comment on this request.

DATES: Comments. Written comments must be received on or before June 
23, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0380, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2008-0380, Environmental Protection Agency, Mailcode: 6102T, 1200 
Pennsylvania Avenue, 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-
2008-0380. 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 or e-mail. 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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of 
Transportation and Air Quality, Mailcode: 6406J, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 343-9303; fax number: (202) 343-2802; e-mail 
address: caldwell.jim@epa.gov.

SUPPLEMENTARY INFORMATION: 

(A) How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2008-0380, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the EPA/DC Docket 
Center Public Reading Room, 1301 Constitution Avenue, NW., Room 3334, 
Washington, DC. The EPA/DC 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 Reading Room is 202-566-1744, and the 
telephone number for the Air and Radiation Docket is 202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the waiver 
request, submit or view public comments, access the index listing of 
the contents of the docket, and to access those documents in the public 
docket that are available electronically. Once in the system, select 
``search,'' then key in the docket ID number identified in this 
document.

(B) What Information Is EPA Particularly Interested In?

    On April 25, 2008, the Governor of Texas submitted a request to the 
Administrator under section 211(o) of the Act for a waiver of 50 
percent of the RFS ``mandate for the production of ethanol derived from 
grain.'' The request includes statements regarding the economic impact 
of higher corn prices in Texas. This request has been placed in the 
public docket.
    Pursuant to section 211(o)(7) of the Act, EPA specifically solicits 
comments and information to enable the Administrator to determine if 
the statutory basis for a waiver of the national RFS requirements has 
been met and, if so, the extent to which EPA should exercise its 
discretion to grant a waiver. Section 211(o)(7) of the Act allows the 
Administrator, in consultation with the Secretary of Agriculture and 
the Secretary of Energy, to waive the requirements of the national RFS 
at 40 CFR 80.1105, in whole or in part, upon petition by one or more 
States. A waiver may be granted if the Administrator determines, after 
public notice and an opportunity for public comment, that 
implementation of the RFS requirements would severely harm the economy 
or environment of a state, a region, or the United States; or that 
there is an inadequate domestic supply of renewable fuel. The 
Administrator, in consultation with the Secretary of Agriculture and 
the Secretary of Energy, shall approve or disapprove a State petition 
for a waiver within 90 days of receiving it. If a waiver is granted, it 
can last no longer than one year unless it is renewed by the 
Administrator after consultation with the Secretary of Agriculture and 
the Secretary of Energy. The RFS for 2008 was published in the Federal 
Register on February 14, 2008 (73 FR 8665) and was intended to lead to 
the use of nine (9) billion gallons of renewable fuel in 2008.
    EPA requests comment on any matter that might be relevant to EPA's 
action on the petition, specifically including (but not limited to) 
information that will enable EPA to:
    (a) Evaluate whether compliance with the RFS is causing severe harm 
to the economy of the State of Texas;
    (b) evaluate whether the relief requested will remedy the harm;
    (c) determine to what extent, if any, a waiver approval would 
change demand for ethanol and affect corn or feed prices; and
    (d) determine the date on which a waiver should commence and end if 
it were granted.
    In addition to inviting comments on the above issues, EPA 
recognizes that it has discretion in deciding whether to grant a 
waiver, as the statute provides that ``[t]he Administrator * * * may 
waive the requirements of [section 211(o)(2)] in whole or in part'' 
(emphasis supplied) if EPA determines that the severe harm criteria has 
been met. EPA also recognizes that a waiver would involve reducing the 
national volume requirements under section 211(o)(2), which would have 
effects in areas of the country other than Texas, including areas that 
may be positively impacted by the RFS requirements. Given this, EPA 
invites comment on all issues relevant to deciding whether and how to 
exercise its discretion under this provision, including but not limited 
to the impact of a waiver on other regions or parts of the economy, on 
the environment, on the goals of the renewable fuel program, on 
appropriate mechanisms to implement a waiver if a waiver were 
determined to be

[[Page 29755]]

appropriate, and any other matters considered relevant to EPA's 
exercise of discretion under this provision.
    Commenters should include data or specific examples in support of 
their comments in order to aid the Administrator in determining whether 
to grant or deny the waiver. Data that shows a quantitative link 
between the use of corn for ethanol and corn prices, and on the impact 
of the RFS mandate on the amount of ethanol produced, would be 
especially helpful.

    Dated: May 16, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-11486 Filed 5-21-08; 8:45 am]

BILLING CODE 6560-50-P
