
[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Proposed Rules]
[Pages 18179-18184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07478]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2015-0049; FRL-9924-70-OAR]
RIN 2060-AS48


Regulation of Fuels and Fuel Additives: Cellulosic Waiver Credit 
Price and Minor Amendments to Renewable Fuel Standard Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
clarify our regulations related to the data sources used to establish 
the cellulosic waiver credit (CWC) price. We are also proposing to 
remove references to CWC prices from the renewable fuel standard 
regulations, and instead intend to post the prices on EPA's Web site. 
This proposed rule also indicates what the CWC prices for 2014 and 2015 
would be using the data sources and methodology contained in the rule; 
however these prices will not be established until they are posted on 
our Web site following the effective date of the rule. In addition, we 
are proposing minor amendments to the renewable fuel standard program 
regulations to reinsert sections inadvertently overwritten by the 
Quality Assurance Program final rule published on July 18, 2014. In the 
``Rules and Regulations'' section of this Federal Register, we are 
making these same amendments as a direct final rule. If we receive no 
adverse comment, the direct final rule will go into effect and we will 
not take further action on this proposed rule.

DATES: A request for a public hearing must be received by April 20, 
2015. If a public hearing request is received, EPA will publish a 
notice in the Federal Register indicating the time and place for the 
hearing. If a public hearing is held, written comments must be received 
within 30 days after the date of the hearing. If no public hearing is 
held then comments must be received on or before May 4, 2015.

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

[[Page 18180]]

OAR-2015-0049, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, EPA WJC West Building, 
Room 3334, 1301 Constitution Ave. 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-
2015-0049. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 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. For additional 
instructions on submitting comments, go to Section I.B of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
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 www.regulations.gov or in hard copy at the Air and Radiation Docket 
and Information Center, EPA/DC, EPA WJC 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 Docket is (202) 566-
1742.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of 
Transportation and Air Quality, Assessment and Standards Division, 
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 
48105; Telephone number: 734-214-4131; Fax number: 734-214-4816; Email 
address: macallister.julia@epa.gov, or the public information line for 
the Office of Transportation and Air Quality; telephone number (734) 
214-4333; Email address: OTAQ@epa.gov.

SUPPLEMENTARY INFORMATION: 

Why is EPA issuing a proposed rule?

    EPA is proposing to take action to clarify our regulations related 
to the data sources used to establish the price for cellulosic waiver 
credits (CWC). EPA is also proposing to remove the CWC prices from our 
regulations so as to allow the prices to be established in a more 
expeditious manner. The CWC prices would instead be published on EPA's 
``Renewable Fuels: Regulations & Standards'' Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). EPA is also 
proposing to reinsert regulatory provisions in the renewable fuel 
standard (RFS) program regulations that were inadvertently overwritten 
by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 
18, 2014).
    Clarifying the data sources used in calculating the CWC price would 
eliminate uncertainty regarding EPA's process in establishing the CWC 
prices, would enable stakeholders to better predict the annual CWC 
price before it is established, and would allow EPA to establish the 
CWC price in a more timely manner. This action does not change the 
formula used to establish the CWC price (listed in our regulations at 
40 CFR 80.1456(d)).
    If we receive no relevant adverse comment or hearing request on the 
direct final rule, we will not take further action on this proposed 
rule. If EPA receives relevant adverse comment or a hearing request, we 
will publish a timely withdrawal in the Federal Register of the 
portions of the direct final rule on which adverse comment was 
received. We will address all public comments in any subsequent final 
rule based on this proposed rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule see the ADDRESSES section of this document.
    The proposed changes to the regulatory text are identical to those 
presented in the direct final rule published in the ``Rules and 
Regulations'' section of today's Federal Register. For further 
information, including a detailed explanation and rationale for the 
proposal and the text of the proposed regulatory revisions, see the 
direct final rule published in the ``Rules and Regulations'' section of 
today's Federal Register.

Does this action apply to me?

    Entities potentially affected by this proposed rule are those 
involved with the production, distribution, and sale of transportation 
fuels, including gasoline and diesel fuel or renewable fuels such as 
ethanol and biodiesel. Potentially regulated categories include:

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                                                 NAICS \1\     SIC \2\       Examples of potentially regulated
                   Category                        codes        codes                    entities
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Industry......................................       324110         2911  Petroleum refineries.
Industry......................................       325193         2869  Ethyl alcohol manufacturing.
Industry......................................       325199         2869  Other basic organic chemical
                                                                           manufacturing.
Industry......................................       424690         5169  Chemical and allied products merchant
                                                                           wholesalers.
Industry......................................       424710         5171  Petroleum bulk stations and terminals.
Industry......................................       424720         5172  Petroleum and petroleum products
                                                                           merchant wholesalers.

[[Page 18181]]

 
Industry......................................       454319         5989  Other fuel dealers.
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\1\ North American Industry Classification System (NAICS).
\2\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
proposed action. This table lists the types of entities that EPA is now 
aware could potentially be regulated by this proposed action. Other 
types of entities not listed in the table could also be regulated. To 
determine whether your activities would be regulated 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 
proposed action to a particular entity, consult the person listed in 
FOR FURTHER INFORMATION CONTACT.

Outline of This Preamble

I. Executive Summary
II. Clarifications Related to CWC Price Calculation
III. CWC Price Calculations for 2014 and 2015
IV. Reinsertion of Inadvertently Overwritten Language
V. What Should I Consider as I Prepare My Comments for EPA?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments.
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
VII. Statutory Authority

I. Executive Summary

    For any calendar year for which the projected volume of cellulosic 
biofuel production is less than the applicable volume of cellulosic 
biofuel set forth in CAA 211(o)(2)(B)(III), EPA must reduce the 
required volume of cellulosic biofuel for that year to the projected 
volume, and must provide obligated parties the opportunity to purchase 
cellulosic waiver credits (CWC). The price of these credits is 
determined using a formula specified in the CAA.\1\ The cellulosic 
waiver credit price is the greater of $0.25 or $3.00 minus the 
wholesale price of gasoline, where both the $0.25 and $3.00 are 
adjusted for inflation. In this action we are proposing to clarify the 
data sources we use to calculate the inflation adjustments used in this 
formula. This would eliminate potential uncertainty regarding EPA's 
approach to establishing the CWC prices. We are not making any 
modifications to the formula used to calculate the CWC price.
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    \1\ CAA 211(o)(7)(D)(ii).
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    Additionally, in order to provide more certainty to the market 
through timely publication of CWC prices, EPA is also amending the 
procedure it uses to announce CWC prices. To date, we have established 
the prices by rulemaking and published them in the Code of Federal 
Regulations. To allow more expeditious publication of these prices, EPA 
is proposing to remove references to CWC prices from the CFR. The 
prices would instead be posted by the Office of Transportation and Air 
Quality within the Office of Air and Radiation on EPA's ``Renewable 
Fuels: Regulations & Standards'' Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm).
    We are also proposing minor amendments to the regulations to 
reinsert language applicable to biofuel producers using Arundo donax or 
Pennisetum purpureum as feedstock, which was inadvertently overwritten 
by the Quality Assurance Program (QAP) final rule (79 FR 42078, July 
18, 2014), and to make minor conforming changes to the numbering of 
other regulatory provisions.

II. Clarifications Related to CWC Price Calculation

    EPA is proposing to clarify sections of the regulations related to 
the CWC price calculation. These proposed changes are consistent with 
the CWC price formula set forth in the statute, and more specifically, 
with the statutory direction to adjust certain terms in the formula for 
inflation. We believe these proposed regulations would more clearly 
articulate the data sources that EPA uses in calculating the CWC price 
for each year.
    The regulations that outline the process used by EPA to calculate 
the CWC price are set forth in 40 CFR 80.1456(d). The regulations 
currently state that ``the wholesale price of gasoline used in the CWC 
calculation will be calculated by averaging the most recent twelve 
monthly values for U.S. Total Gasoline Bulk Sales (Price) by Refiners 
as provided by the Energy Information Administration (EIA) that are 
available as of September 30 of the year preceding the compliance 
period.'' \2\ In practice, given the publication schedule for the 
referenced EIA publication, this means that EPA calculates the 
wholesale price of gasoline using data from the 12 months prior to July 
of the year preceding the compliance period (i.e., July 2011-June 2012 
data for the 2013 CWC price). We are not proposing to make any 
modifications to this portion of the regulations.
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    \2\ 40 CFR 80.1456(d)(2).
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    The regulations also currently state that the inflation adjustment 
used in calculating the CWC price will be calculated at the time EPA 
sets the cellulosic biofuel standard.\3\ In an effort to provide 
certainty to the market in relation to the CWC price as soon as 
reasonably practical, EPA believes it would be preferable to announce 
the CWC price as soon as the relevant data on the wholesale price of 
gasoline is available. Therefore, we are proposing to calculate the 
inflation adjustment using data from June of the year preceding the 
compliance period. We believe this is appropriate as it is the most 
recent month within the time period over which we calculate the average 
wholesale price of gasoline. We are also proposing to eliminate the 
regulatory references to CWC prices. Instead we intend to announce the 
CWC price in a notice on our ``Renewable Fuels: Regulations & 
Standards'' Web site by November of the year preceding the compliance 
period. Consistent with previous CWC calculations, EPA would continue 
to base the inflation adjustment on the Consumer Price Index for All 
Urban Consumers (CPI-U): U.S. City Average, Unadjusted Index for

[[Page 18182]]

All Items expenditure category as provided by the Bureau of Labor and 
Statistics. We are proposing to amend our regulations in this action to 
clarify that we are using the unadjusted price index, rather than the 
seasonally adjusted price index, to calculate the inflation adjustment. 
We believe this is appropriate as the unadjusted index most accurately 
reflects the prices consumers actually pay and do not change, whereas 
the seasonally adjusted indexes are subject to revision for up to five 
years after their release.\4\ We are also clarifying that we are using 
``US City Average'' data, as opposed to data for geographic subsets of 
the country. This is appropriate in light of the nation-wide 
applicability of the RFS program. Both of these changes simply clarify 
EPA's current practice, and are designed to promote regulatory 
certainty and understanding by stakeholders.
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    \3\ 40 CFR 80.1456(d)(3).
    \4\ For more information on Seasonally Adjusted vs. Unadjusted 
Indexes see http://www.bls.gov/cpi/cpisapage.htm.
---------------------------------------------------------------------------

    We are also proposing to amend the section of our regulations where 
the CWC price for previous years is listed.\5\ EPA has included the 
prices for 2010, 2011, 2012, and 2013 CWCs in our regulations. 
Promulgating prices in regulations, however, requires EPA to undertake 
a rulemaking, which we believe may unnecessarily delay the announcement 
of the CWC price. Furthermore, we believe the CWC price need not be 
established by rulemaking, for the following reasons. First, the 
formula and all data sources for the CWC price are specified in our 
regulations, so the actual price calculation is a procedural action 
that will not benefit from a notice and comment rulemaking. Second, 
CWCs are purchased from EPA, and EPA can ensure that the correct price 
is paid for them. Finally, the publication of the CWC price in the CFR 
is not necessary for informational purposes as EPA intends to promptly 
post the CWC prices on our Web site.
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    \5\ 40 CFR 80.1405(d).
---------------------------------------------------------------------------

    Therefore, in this action EPA is proposing to delete the sections 
of our regulations containing the CWC prices for previous years and is 
instead including a statement in the regulations indicating that the 
CWC price for each year will be posted on EPA's ``Renewable Fuels: 
Regulations & Standards'' Web site (http://www.epa.gov/otaq/fuels/renewablefuels/regulations.htm). Adopting this approach would allow EPA 
to announce the CWC prices at the earliest opportunity. We believe this 
would benefit both cellulosic biofuel producers and obligated parties. 
EPA would post the CWC prices for 2013, 2014, and 2015 on our Web site 
following the effective date of this rule.

III. CWC Price Calculations for 2014 and 2015

    To illustrate the derivation of CWC prices pursuant to the 
statutory formula, and with the data sources specified in this proposed 
rule, we explain in this section the derivation of CWC prices for 2014 
and 2015.\6\ EPA determined the average wholesale (refinery gate) price 
of gasoline using the monthly average prices for the 12 months prior to 
July of the year preceding each compliance period. In this calculation 
EPA uses the U.S. Total Gasoline Bulk Sales Price by Refiners (Dollars 
per Gallon) as reported by the U.S. Energy Information Administration 
(EIA). The data are shown below in Table 1 and Table 2 for the 
calculations for 2014 and 2015, respectively, and can be found at: 
(http://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EMA_EPM0_PBR_NUS_DPG&f=M).
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    \6\ The calculations for the 2013 CWC were explained in a memo 
to the docket for our rulemaking establishing the 2013 standards 
(EPA-HQ-OAR-2012-0546-0134). The 2013 CWC price was calculated in 
accordance with the methodology and data sources described in this 
rule, with one minor difference. To calculate the Inflation Factor 
the August 2012 Index (230.037) was used rather than the June 2012 
Index (229.815). Using the June 2012 Index in place of the August 
2012 Index does not change the CWC waiver credit price for 2013 of 
$0.42. EPA will therefore confirm the 2013 CWC price in the 
announcement on our Web site following the effective date of this 
rule.

       Table 1--Wholesale Gasoline Prices for 2014 CWC Calculation
------------------------------------------------------------------------
                                                           Average price
                          Month                                in $
------------------------------------------------------------------------
July 2012...............................................           2.703
August 2012.............................................           2.961
September 2012..........................................           3.133
October 2012............................................           2.922
November 2012...........................................           2.622
December 2012...........................................           2.554
January 2013............................................           2.668
February 2013...........................................           2.892
March 2013..............................................           2.963
April 2013..............................................           2.822
May 2013................................................           2.824
June 2013...............................................           2.817
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       Table 2--Wholesale Gasoline Prices for 2015 CWC Calculation
------------------------------------------------------------------------
                                                           Average price
                          Month                                in $
------------------------------------------------------------------------
July 2013...............................................           2.879
August 2013.............................................           2.916
September 2013..........................................           2.831
October 2013............................................           2.610
November 2013...........................................           2.496
December 2013...........................................           2.551
January 2014............................................           2.598
February 2014...........................................           2.650
March 2014..............................................           2.763
April 2014..............................................           2.829
May 2014................................................           2.853
June 2014...............................................           2.924
------------------------------------------------------------------------

    The average monthly price in dollars for the calculation of the 
2014 CWC price is 2.823. The average monthly price in dollars for the 
calculation of the 2015 CWC price is 2.742.
    The CAA requires that EPA adjust for inflation the comparison 
values of twenty-five cents ($0.25) and three dollars ($3.00) in the 
CWC price formula. EPA must compare the inflated twenty-five cent value 
with the amount the inflated three dollar value exceeds the average 
wholesale price of gasoline. EPA is required to use the greater of the 
two values as the price for the cellulosic biofuel waiver credits.
    EPA evaluated inflation by using the Unadjusted Index values from 
the Consumer Price Index for All Urban Consumers (CPI-U): U.S. City 
Average, for the All Items expenditure category as provided by the 
Bureau of Labor and Statistics, for the months of January 2009 (the 
first comparable value after 2008) and June 2013 and June 2014, as 
discussed in Section II of this preamble. These unadjusted indexes are 
used to calculate an Inflation Factor for each year, as shown in Table 
4 below. Finally, we compare $0.25 (inflation adjusted) to $3.00 
(inflation adjusted) minus the wholesale price of gasoline for each 
year. The greater of these values is the price for the cellulosic 
waiver credits.

[[Page 18183]]



                     Table 3--Inflation Adjustments
------------------------------------------------------------------------
                                    Unadjusted
              Month                   index              Source
------------------------------------------------------------------------
January 2009.....................      211.143  http://www.bls.gov/cpi/cpid0901.pdf (Table 1).
June 2013........................      233.504  http://www.bls.gov/cpi/cpid1306.pdf (Table 1).
June 2014........................      238.343  http://www.bls.gov/cpi/cpid1406.pdf (Table 1).
------------------------------------------------------------------------


                       Table 4--Inflation Factors
------------------------------------------------------------------------
            Months                     Equation         Inflation factor
------------------------------------------------------------------------
Jan. 2009-June 2013...........  1+(233.504-211.143)/               1.106
                                 211.143.
Jan. 2009-June 2014...........  1+(238.343-211.143)/               1.129
                                 211.143.
------------------------------------------------------------------------


                              Table 5--Cellulosic Waiver Credit Price Calculations
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                                                                                               CWC price (Larger
                                                                    $3--Wholesale price of         of the two
                 Year                      $0.25 (Inflation          gasoline  (Inflation       values, rounded
                                               adjusted)                   adjusted)             to the nearest
                                                                                                     cent)
----------------------------------------------------------------------------------------------------------------
2014.................................  $0.25*1.106 = $0.28.....  ($3.00*1.106)-$2.823 =                    $0.49
                                                                  $0.4947.
2015.................................  $0.25*1.129 = $0.28.....  ($3.00*1.129)-$2.742 =                    $0.64
                                                                  $0.6445.
----------------------------------------------------------------------------------------------------------------

    As shown in Table 5, using the data sources for the inflation 
adjustment that are specified in this proposed rule results in a CWC 
price of $0.49 for 2014 and $0.64 for 2015. These prices, along with 
the CWC price for 2013 ($0.42) would be posted on EPA's Web site after 
the effective date of a final rule.
    EPA notes that in this action we are not making a determination 
regarding whether CWCs will actually be offered. As required by 
statute, CWCs are only made available for sale if EPA lowers the 
required cellulosic biofuel volume requirement below the applicable 
volume set forth in the Act. EPA will decide whether or not it will 
lower the required cellulosic biofuel volumes in future rules 
establishing the 2014 and 2015 cellulosic biofuel percentage standards. 
At that time EPA will determine if CWCs will be sold. If so, they will 
be sold at the prices indicated above. However EPA notes that it has 
offered CWCs for every year since 2010, the first year for which a 
separate cellulosic biofuel standard was established. Given the 
anticipated shortfall in cellulosic biofuel production, as compared to 
statutory volumes, in these years it is probable that CWCs will be 
offered.

IV. Reinsertion of Inadvertently Overwritten Language

    In the RFS RIN Quality Assurance Program final rule (79 FR 42078, 
July 18, 2014), we moved the previous 40 CFR 80.1426(f)(12) (regarding 
process heat produced from biogas) to 40 CFR 80.1426(f)(14) as we had 
proposed on February 21, 2013 (78 FR 12158). When we moved 40 CFR 
80.1426(f)(12) to 40 CFR 80.1426(f)(14), however, we inadvertently 
overwrote the previous 40 CFR 80.1426(f)(14) (regarding renewable fuel 
produced from giant reed (Arundo donax) or napier grass (Pennisetum 
purpureum)) that had been finalized in a separate final rule which was 
published on July 11, 2013 (78 FR 41703). The new 40 CFR 80.1426(f)(12) 
finalized in the RFS RIN Quality Assurance Program final rule dealt 
with additional requirements for producers and importers when 
generating RINs. In today's action, we are proposing to amend the 
regulations to undo our inadvertent elimination of the regulatory 
provisions related to giant reed and napier grass. Specifically, we are 
proposing: (1) re-inserting the inadvertently eliminated language as 40 
CFR 80.1426(f)(14) (see 78 FR 41714, July 11, 2013); (2) moving the 
current 40 CFR 80.1426(f)(14) (process heat produced from biogas) back 
to 40 CFR 80.1426(f)(12), where it existed prior to the RFS RIN Quality 
Assurance Program final rule (see 75 FR 79977, December 21, 2010); and 
(3) moving the current 40 CFR 80.1426(f)(12) to a new 40 CFR 
80.1426(f)(17).

V. What should I consider as I prepare my comments for EPA?

A. Submitting CBI

    Do not submit confidential business information (CBI) to EPA 
through www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives, 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.

[[Page 18184]]

     Make sure to submit your comments by the comment period 
deadline identified.

C. Docket Copying Costs

    You may be charged a reasonable fee for photocopying docket 
materials, as provided in 40 CFR part 2.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the PRA. The changes made to the regulations as a result of this action 
impose no new or different reporting requirements on regulated parties.

C. Regulatory Flexibility Act

    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, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. This action clarifies the data sources 
and methodology used by EPA to establish the CWC price, establishes 
these prices for 2014 and 2015, and reinserts inadvertently overwritten 
regulatory language. The impacts of the RFS2 program on small entities 
were already addressed in the RFS2 final rule promulgated on March 26, 
2010 (75 FR 14670), and this rule will not impose any additional 
requirements on small entities beyond those already analyzed. We have 
therefore concluded that this action will have no net regulatory burden 
for all directly regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action implements mandate(s) specifically and 
explicitly set forth in Clean Air Act section 211(o) without the 
exercise of any policy discretion by the EPA.

E. 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175. This rule will be implemented at the Federal 
level and potentially impacts gasoline, diesel, and renewable fuel 
producers, importers, distributors, and marketers. Tribal governments 
would be affected only to the extent they purchase and use regulated 
fuels. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets EO 13045 as applying only to those regulatory 
actions that concern environmental health or safety risks that the EPA 
has reason to believe may disproportionately affect children, per the 
definition of ``covered regulatory action'' in section 2-202 of the 
Executive Order. This action is not subject to Executive Order 13045 
because it does not establish an environmental standard intended to 
mitigate health or safety risks and because it implements specific 
standards established by Congress in statutes (section 211(o) of the 
Clean Air Act).

H. 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.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This proposed rule is a technical correction and does not concern 
an environmental health or safety risk. Therefore, Executive Order 
12898 does not apply.

VII. Statutory Authority

    Statutory authority for this proposed action comes from section 211 
of the Clean Air Act, 42 U.S.C. 7545.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, 
Oil imports, Petroleum, Renewable fuel.

    Dated: March 24, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-07478 Filed 4-2-15; 8:45 am]
 BILLING CODE 6560-50-P


