
[Federal Register: May 20, 2009 (Volume 74, Number 96)]
[Notices]               
[Page 23704-23705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my09-48]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2009-0211; FRL-8907-7]

 
Notice of Receipt of a Clean Air Act Waiver Application To 
Increase the Allowable Ethanol Content of Gasoline to 15 Percent; 
Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; extension of comment period.

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SUMMARY: The U.S. Environmental Protection Agency (``EPA''), in 
response to many requests from the public, is extending the public 
comment period on the waiver application to increase the allowable 
ethanol content of gasoline to 15 percent (``E15'') which was submitted 
by Growth Energy and 54 ethanol manufacturers on March 6, 2009. EPA 
published notice of receipt and request for comment in the Federal 
Register for Growth Energy's application on April 21, 2009 (74 FR 
18228). The public comment period was to end on May 21, 2009. The 
purpose of this document is to extend the comment period an additional 
60 days until July 20, 2009. This extension of the comment period is 
provided to allow the public additional time to respond to the legal 
and technical issues raised in the application. This action does not 
extend the 270-day statutory deadline for the Administrator to grant or 
deny the E15 waiver request, which ends on December 1, 2009.

DATES: Written comments must be received on or before July 20, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0211, 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-
2009-0211, 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-
2009-0211. 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 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.

How Can I Access the Docket?

    EPA has established a public docket for this application under 
Docket ID No. EPA-HQ-OAR-2009-0211, 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.

FOR FURTHER INFORMATION CONTACT: Robert K. Anderson, Office of 
Transportation and Air Quality (6405J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: (202) 343-7518; fax number: (202) 343-2802; e-mail address: 
anderson.robert@epa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    On March 6, 2009, Growth Energy and 54 ethanol manufacturers 
submitted an application to the U.S. Environmental Protection Agency 
for a waiver of the prohibition of the introduction into commerce of 
certain fuels and fuel additives set forth in section 211(f) of the 
Clean Air Act (``the Act''). This application seeks a waiver for 
ethanol-gasoline blends of up to 15 percent by volume ethanol 
(``E15''). On April 21, 2009, EPA published notice for the receipt of 
the application, and, as required by section 211(f)(4) of the Act, EPA 
requested public comment on all aspects of the waiver application that 
will assist the Administrator in determining whether the statutory 
basis for granting the waiver request for ethanol-gasoline blends 
containing up to E15 has been met (See 74 FR 18228). EPA originally 
provided a 30-day period for the public to respond. The deadline for 
public comment was May 21, 2009.
    In a letter dated April 17, 2009, the National Corn Growers 
Association requested a 60-day extension to the comment period. On 
April 27, 2009, EPA received a request from 36 national organizations 
who stated they represent a diverse cross-section of interests and who 
requested a 60-day extension to the comment window. Also on April 27, 
2009, the Alliance of Automobile Manufacturers requested a 45-day 
extension. Finally, on May 6, 2009, AllSAFE--a group of national 
consumer, manufacturing, and gasoline retailer associations that 
utilize gasoline and ethanol fuel blends--requested a minimum 30-day 
extension to the comment period. In general, these parties stated that 
additional time would be needed in order to allow

[[Page 23705]]

commenters more time to properly address the complex legal and 
technical issues and provide more thorough comments that would aid in 
considering the E15 waiver.
    Although EPA agrees that additional time for comments may be 
needed, this need must be balanced against the need to allow EPA ample 
time to review all relevant data and public submissions before the 270-
day statutory decision deadline. EPA believes an additional 60 days 
would allow adequate time for these stakeholders and others to provide 
meaningful comment on the E15 waiver request. EPA does not anticipate 
any further extension of the comment period for this waiver request.

Extension of Comment Period

    EPA has determined that extension of the comment period would aid 
in providing the public an adequate amount of time to respond to the 
complex legal and technical issues that result from possibly allowing 
E15 to be sold commercially. Accordingly, the public comment period for 
the E15 waiver to section 211(f) of the Act is extended until July 20, 
2009. This action does not extend the 270-day statutory deadline of 
December 1, 2009, for the Administrator to grant or deny the E15 waiver 
request.

    Dated: May 14, 2009.
Elizabeth Craig,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. E9-11785 Filed 5-19-09; 8:45 am]

BILLING CODE 6560-50-P
