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Revised Renewable Fuel Standards for 2008

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					                                                                      Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices                                           8665

                                          for online viewing at                                   18 action arises when growers and                     ENVIRONMENTAL PROTECTION
                                          www.regulations.gov, or in person                       others encounter a pest problem on a                  AGENCY
                                          viewing at the OPP Regulatory Public                    site for which there is either no
                                                                                                                                                        [FRL–8528–9]
                                          Docket in Rm. S–4400, One Potomac                       registered pesticide available, or for
                                          Yard (South Building), 2777 S. Crystal                  which there is a registered pesticide that            Revised Renewable Fuel Standard for
                                          Drive, Arlington, VA. The hours of                      would be effective but is not yet                     2008, Issued Pursuant to Section
                                          operation of this Docket Facility are                   approved for use on that particular site.             211(o) of the Clean Air Act as
                                          from 8:30 a.m. to 4 p.m., Monday                        Section 18 also allows states to submit               Amended by the Energy Independence
                                          through Friday, excluding legal                         requests to EPA to grant unregistered                 and Security Act of 2007
                                          holidays. The Docket telephone number                   pesticide use exemptions for public
                                          is (703) 305–5805.                                                                                            AGENCY: Environmental Protection 

                                             Use EPA’s electronic docket and                      health and quarantine reasons.
                                                                                                                                                        Agency (EPA). 

                                          comment system at                                       Responses to this collection of
                                                                                                                                                        ACTION: Notice. 

                                          www.regulations.gov, to submit or view                  information are mandatory.
                                          public comments, access the index                          Burden Statement: The annual public                SUMMARY: Section 211(o) of the Clean
                                          listing of the contents of the docket, and              reporting and recordkeeping burden for                Air Act (CAA or the Act), as amended
                                          to access those documents in the docket                 this collection of information is                     by the Energy Independence and
                                          that are available electronically. Once in              estimated to average 83 hours per                     Security Act of 2007 (EISA), requires the
                                          the system, select ‘‘docket search,’’ then              application and 16 hours per summary                  Administrator of the Environmental
                                          key in the docket ID number identified                  report. Burden means the total time,                  Protection Agency (EPA) to annually
                                          above. Please note that EPA’s policy is                 effort, or financial resources expended               determine a renewable fuel standard
                                          that public comments, whether                                                                                 (RFS) which is applicable to refiners,
                                                                                                  by persons to generate, maintain, retain,
                                          submitted electronically or in paper,                                                                         importers and certain blenders of
                                                                                                  or disclose or provide information to or
                                          will be made available for public                                                                             gasoline, and publish the standard in
                                                                                                  for a Federal agency. This includes the
                                          viewing at www.regulations.gov as EPA                                                                         the Federal Register. On the basis of
                                                                                                  time needed to review instructions;                   this standard, each obligated party
                                          receives them and without change,
                                          unless the comment contains                             develop, acquire, install, and utilize                determines the volume of renewable
                                          copyrighted material, Confidential                      technology and systems for the purposes               fuel that it must ensure is consumed as
                                          Business Information (CBI), or other                    of collecting, validating, and verifying              motor vehicle fuel. This standard is
                                          information whose public disclosure is                  information, processing and                           calculated as a percentage, by dividing
                                          restricted by statute. For further                      maintaining information, and disclosing               the amount of renewable fuel that the
                                          information about the electronic docket,                and providing information; adjust the                 Act requires to be blended into gasoline
                                          go to www.regulations.gov.                              existing ways to comply with any                      for a given year by the amount of
                                             Title: Application and Summary                       previously applicable instructions and                gasoline expected to be used during that
                                          Report for an Emergency Exemption for                   requirements which have subsequently                  year, including certain adjustments
                                          Pesticides.                                             changed; train personnel to be able to                specified by the Act. In this notice we
                                             ICR numbers: EPA ICR No. 0596.09,                    respond to a collection of information;               are publishing an RFS 7.76% for 2008.
                                          OMB Control No. 2070–0032.                              search data sources; complete and                     This standard is intended to lead to the
                                             ICR Status: This ICR is scheduled to                 review the collection of information;                 use of 9 billion gallons of renewable fuel
                                          expire on February 29, 2008. Under                      and transmit or otherwise disclose the                in 2008, as required by amended section
                                          OMB regulations, the Agency may                                                                               211(o). This standard supersedes the
                                                                                                  information.
                                          continue to conduct or sponsor the                                                                            2008 RFS that EPA published on
                                          collection of information while this                       Respondents/Affected Entities: State
                                                                                                                                                        November 27, 2007, before enactment of
                                          submission is pending at OMB. An                        Agency, U.S. Territory, or Federal
                                                                                                                                                        the EISA.
                                          Agency may not conduct or sponsor,                      Agency.
                                                                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                          and a person is not required to respond                    Estimated No. of Respondents: 60.                  Chris McKenna, Environmental
                                          to, a collection of information, unless it
                                                                                                     Frequency of Collection: On occasion.              Protection Agency, MC 6406J, 1200
                                          displays a currently valid OMB control
                                                                                                     Estimated Total Annual Hour Burden:                Pennsylvania Ave., NW., Washington,
                                          number. The OMB control numbers for
                                                                                                                                                        DC 20460; telephone number: 202–343–
                                          EPA’s regulations in title 40 of the CFR,               49,500 hours.
                                                                                                                                                        9037; fax number: 202–343–2801; E-
                                          after appearing in the Federal Register                    Estimated Total Annual Labor Costs:                mail address: mckenna.chris@epa.gov.
                                          when approved, are listed in 40 CFR                     $2,472,770.                                           SUPPLEMENTARY INFORMATION:
                                          part 9, are displayed either by
                                          publication in the Federal Register or                     Changes in Burden Estimates: There
                                                                                                                                                        I. Calculation of 2008 RFS
                                          by other appropriate means, such as on                  is no change in the 49,500 hours in the
                                          the related collection instrument or                    total estimated respondent burden                     A. Background
                                          form, if applicable. The display of OMB                 compared with that identified in the ICR                On November 27, 2007, EPA
                                          control numbers in certain EPA                          currently approved by OMB.                            published a Notice in the Federal
                                          regulations is consolidated in 40 CFR                     Dated: February 7, 2008.                            Register announcing a renewable fuel
                                          part 9.                                                 Sara Hisel-McCoy,                                     standard for 2008 of 4.66%. This
                                             Abstract: Section 18 of the Federal                                                                        standard was designed to result in the
                                                                                                  Director, Collection Strategies Division.
                                          Insecticide, Fungicide, and Rodenticide                                                                       use of 5.4 billion gallons of renewable
                                          Act (FIFRA) authorizes the                              [FR Doc. E8–2784 Filed 2–13–08; 8:45 am]              fuel in 2008, as required by CAA section
                                          Environmental Protection Agency (EPA)                   BILLING CODE 6560–50–P                                211(o) at the time EPA published the
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                                          to grant emergency exemptions to states                                                                       standard. On December 19, 2007,
                                          and Federal agencies to allow an                                                                              President Bush signed into law the
                                          unregistered use of a pesticide for a                                                                         Energy Independence and Security Act
                                          limited time if EPA determines that                                                                           of 2007 (EISA), which, among other
                                          emergency conditions exist. A Section                                                                         things, amended CAA section 211(o) to


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                                          8666                        Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices

                                          require the use of 9.0 billion gallons of               that formula with the renewable fuel                    and comment, in accordance with the
                                          renewable fuel in 2008. Today’s Notice                  volume for 2008 required by the EISA                    Clean Air Act and EPA regulations.
                                          announces the recalculated standard for                 amendments to section 211(o) to                            The 2008 RFS is calculated by
                                          2008, based on the volume of renewable                  recalculate the RFS for 2008. Since the                 dividing the volume of renewable fuels
                                          fuel that amended section 211(o) now                    RFS rule establishes clear legal criteria               required by CAA section 211(o) to be
                                          requires.                                               for deriving the standard (including                    blended into gasoline in 2008, by the
                                             In today’s Notice we are using the                   specification of the formula used in                    volume of gasoline projected by the
                                          calculational procedure set forth in the                today’s Notice, and all data sources),                  Energy Information Administration
                                          final rulemaking for the Renewable Fuel                 EPA is simply applying facts to pre-                    (EIA) to be consumed in 2008 (including
                                          Standard Program, as we did in the                      established law in issuing the re-                      certain adjustments specified by the
                                          November 27, 2007, Notice. The formula                  calculated final 2008 RFS. EPA is                       Act). The following equation from the
                                          includes a variable representing the                    advising the regulated community of the                 final RFS Program regulations
                                          volume of renewable fuel required by                    revised standard through a Federal                      summarizes all of the variables that
                                          section 211(o), and EPA is today using                  Register Notice, without prior notice                   must be considered in the calculation.


                                                                                                                                 RFVi − Celli
                                                                                               RFStd i = 10 0 ×
                                                                                                                    ( G i − R i ) + ( GSi − RSi ) − GEi

                                          Where                                                   requirement. Based on the text of this                  B. Data Sources for 2008 RFS
                                          RFStdi= Renewable Fuel Standard in year i,              section, which is not an amendment to                   Calculation
                                               in percent.
                                                                                                  section 211(o) of the CAA and is not                      The following discussion describes
                                          RFVi=Annual volume of renewable fuels
                                               required by section 211(o)(2)(B) of the            covered by the rulemaking provision in                  the sources of data for the variables in
                                               Act for year i, in gallons.                        EISA section 202(a)(1) (amending                        the above equation. For ease of
                                          Gi=Amount of gasoline projected to be used              section 211(o)(2)(A)(i)), EPA believes                  calculation, this discussion regroups the
                                               in the 48 contiguous states, in year i, in         that these 2008 requirements are self-
                                               gallons.
                                                                                                                                                          terms (Gi¥Ri) + (GSi¥RSi) in the
                                                                                                  implementing, and therefore                             denominator of the above equation into
                                          Ri=Amount of renewable fuel blended into
                                               gasoline that is projected to be consumed          immediately effective. EPA intends to                   the terms (Gi + GSi)¥(Ri + RSi).
                                               in the 48 contiguous states, in year i, in         address the meaning of the term
                                                                                                  ‘‘commence construction’’, and also                     Calculation of (RFVi¥Celli), Total
                                               gallons.
                                          GSi= Amount of gasoline projected to be used            address what transportation fuels other                 Amount of Renewable Fuels From Non-
                                               in Alaska, Hawaii, or a U.S. territory in                                                                  Cellulosic Sources That Must Be
                                                                                                  than ethanol from a facility fired by
                                               year i if the state or territory opts-in, in                                                               Blended Into Gasoline in 2008
                                                                                                  natural gas, biomass or some
                                               gallons.
                                          RSi= Amount of renewable fuel blended into              combination of the two satisfy the 20                      The EISA amended CAA section
                                               gasoline that is projected to be consumed          percent lifecycle greenhouse gas                        211(o) to require 9.0 billion gallons of
                                               in Alaska, Hawaii, or a U.S. territory in          reduction requirement, in the context of                renewable fuels to be blended into
                                               year i if the state or territory opts-in, in       a proposed rule designed to implement                   gasoline in 2008. Since the amended
                                               gallons.                                           the EISA amendments to the RFS                          CAA section 211(o) does not include a
                                          GEi= Amount of gasoline projected to be                                                                         cellulosic volume requirement until
                                               produced by exempt small refineries and            program. EPA further notes, however,
                                                                                                  that is unlikely that any facilities for the            2013, the amount of renewable fuel
                                               small refiners in year i, in gallons
                                               (through 2010 only unless exemption                production of transportation fuel that                  required to be produced from cellulosic
                                               extended under §§211(o)(9)(A)(ii) or (B)).         commence construction following                         sources in 2008 (Celli) remains, zero.
                                          Celli= Beginning in 2013, amount of                     enactment of EISA will be operational                   Thus the total amount of renewable
                                               renewable fuel that is required to come                                                                    fuels from non-cellulosic sources that
                                                                                                  during 2008. Therefore, the 20 percent
                                               from cellulosic sources, in year i, in                                                                     must be blended into gasoline in 2008
                                               gallons (250,000,000 gallons minimum).             lifecycle greenhouse gas reduction
                                                                                                                                                          is 9.0 billion gallons.
                                                                                                  requirement is unlikely to have a real-
                                             EISA section 210(a)(1) also states that,                                                                     Calculation of (Gi + GSi), total amount
                                                                                                  world impact for 2008.
                                          ‘‘For calendar year 2008, transportation                                                                        of gasoline projected to be used in the
                                          fuel sold or introduced into commerce                      While EISA requires a substantial
                                                                                                  change in the 2008 RFS, we believe that                 48 contiguous states plus opt-in states/
                                          in the United States (except in                                                                                 territories, in year i, in gallons
                                          noncontiguous States or territories), that              the required renewable production
                                          is produced from facilities that                        capacity will come on line this year. In                   CAA section 211(o) requires the
                                          commence construction after the date of                 addition, at current oil prices, we would               Administrator of the EIA by October 31
                                          enactment of this Act shall be treated as               expect it to be economic to use the                     of each year to provide EPA with an
                                          renewable fuel within the meaning of                    volume of renewable fuel required by                    estimate of the volumes of gasoline
                                          section 211(o) of the Clean Air Act only                EISA for 2008. We also believe RINS                     projected to be sold or introduced into
                                          if it achieves at least a 20 percent                    generated in excess of the 2007 RFS can                 commerce in the United States for the
                                          reduction in lifecycle greenhouse gas                   be applied to the 2008 RFS to provide                   following year. During the development
                                          emissions compared to baseline                          additional flexibility to the fuel supply               of the RFS Program, EIA informed EPA
                                          lifecycle greenhouse gas emissions.’’                   market. However, we recognize that in                   that the projected gasoline consumption
                                          EISA further provides that for 2008 and                                                                         in ‘‘Table 4a: U.S. Petroleum Supply,
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                                                                                                  the short term there may be some
                                          2009, any ethanol plant that is fired                   catching-up required for the distribution               Consumption, and Inventories’’
                                          with natural gas, biomass or any                                                                                (formerly ‘‘Table 5a. U.S. Petroleum
                                                                                                  infrastructure to deliver the required
                                          combination thereof is deemed to be in                                                                          Supply and Demand: Base Case’’) of the
                                                                                                  volume of renewable fuel.
                                          compliance with the 20 percent                                                                                  October issue of the monthly Short-
                                                                                                                                                                                                      EN14FE08.003</MATH>




                                          lifecycle greenhouse gas reduction                                                                              Term Energy Outlook (STEO) should be


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                                                                      Federal Register / Vol. 73, No. 31 / Thursday, February 14, 2008 / Notices                                                   8667

                                          used to calculate the RFS for the coming                is 0.30 billion gallons. Subtracting this             ethanol consumption in Alaska would
                                          year. The October 2007 STEO projects                    consumption from the projected                        be negligible prior to 2012. Thus, we
                                          that an average of 9.42 million barrels/                nationwide consumption of 144.80                      project renewable fuels consumption in
                                          day of gasoline will be consumed in all                 billion gallons in 2008 produces a total              the 48 contiguous states plus Hawaii to
                                          of the United States in 2008.                           consumption of 144.50 billion gallons of              be 8.96 billion gallons in 2008.3 For
                                          Multiplying this average consumption                    gasoline in 2008 in the 48 contiguous                 purposes of recalculating the 2008 RFS,
                                          rate by 366 days (2008 is a leap year)                  states plus Hawaii.                                   we will round this value to 9.0 billion
                                          produces a total consumption of 144.80                                                                        gallons, which is equivalent to the
                                                                                                  Calculation of (Ri + RSi, total amount of
                                          billion gallons of gasoline in 2008.                                                                          volume of renewable fuel required by
                                             Only one non-contiguous state or                     renewable fuel blended into gasoline
                                                                                                  that is projected to be consumed in the               amended section 211(o) for 2008.
                                          territory has petitioned EPA to opt into
                                          the RFS Program beginning in 2008.                      48 contiguous states plus opt-in states/              Calculation of GEi, amount of gasoline
                                          Hawaii petitioned EPA on June 22, 2007                  territories, in year i, in gallons                    projected to be produced by exempt
                                          to opt into the RFS program, and EPA                      The projected gasoline consumption                  small refineries and small refiners in
                                          approved their request.1 Thus, Alaska is                in the October 2007 STEO includes                     year i, in gallons 4
                                          the only one of the 50 states that is not               renewable fuel that is blended into
                                                                                                                                                           In the final rulemaking establishing
                                          included in the RFS Program.                            gasoline. This volume of renewable fuel
                                                                                                                                                        the RFS program regulations, we stated
                                             In order to calculate gasoline                       must be subtracted from the total
                                                                                                                                                        that we would estimate the combined
                                          consumption in the 48 contiguous states                 volume of gasoline in order to calculate
                                                                                                                                                        small refinery and small refiner gasoline
                                          plus Hawaii, we subtracted Alaska’s                     the total consumption of non-renewable
                                                                                                                                                        volume using a constant percentage of
                                          projected gasoline consumption from                     gasoline. In Table 8 of the October 2007
                                                                                                                                                        national consumption. Using
                                          the projected nationwide gasoline                       STEO, EIA estimates that 0.755
                                                                                                                                                        information from gasoline batch reports
                                          consumption of 144.80 billion gallons.                  quadrillion Btu of ethanol will be used
                                                                                                                                                        submitted to EPA, EIA data and input
                                          Alaska’s projected gasoline                             as transportation fuel in all of the
                                                                                                                                                        from the California Air Resources Board
                                          consumption was calculated by                           United States in 2008. Dividing this
                                          multiplying the projected nationwide                                                                          regarding California small refiners, we
                                                                                                  energy usage by the high heating value
                                          gasoline consumption in 2008 by the                                                                           estimated this percentage to be 13.5%.5
                                                                                                  of ethanol (3.539 million Btu/barrel),
                                          ratio of Alaska’s gasoline consumption                  and multiplying by 42 gallons/barrel                     Multiplying the projected nationwide
                                          in 2006 to the total U.S. consumption in                produces a total ethanol usage of 8.96                consumption of gasoline in 2008 (144.80
                                          2006, based on Table 48, ‘‘Prime                        billion gallons nationwide in 2008.                   billion gallons) by 13.5% results in a
                                          Supplier Sales Volumes of Motor                           Since Hawaii has opted in, but Alaska               total projected production of 19.55
                                          Gasoline by Grade Formulation, PAD                      has not opted in, to the RFS program for              billion gallons of gasoline from small
                                          District, and State’’ gasoline data from                2008, Alaska’s renewable fuels                        refiners and small refineries in 2008.
                                          EIA’s Petroleum Marketing Annual 2006                   consumption must be subtracted from                   Calculation of RFStdi, renewable fuel
                                          (the final rulemaking used data from                    the nationwide renewable fuels                        standard in year i, in percent
                                          Petroleum Marketing Annual 2005).                       consumption to calculate renewable
                                          According to EIA, Prime Supplier data                   consumption in the 48 contiguous states                 Substituting all of the terms
                                          reflects where gasoline is used, rather                 plus Hawaii. In Chapter 2 of the                      calculated above into the equation for
                                          than where it is produced.2 Alaska’s                    Regulatory Impact analysis for the RFS                RFStdi results in the following RFS for
                                          projected gasoline consumption in 2008                  program rulemaking, EPA estimated that                2008,


                                                                                                                            9.0
                                                                                               RFStd i = 10 0 ×                          = 7.762%
                                                                                                                    144.50 − 9.0 − 19.55


                                            Therefore, the RFS for 2008 is 7.76%.                 EQUAL EMPLOYMENT OPPORTUNITY                          Open Session
                                          This is the standard referenced in 40                   COMMISSION                                              1. Announcement of Notation Votes,
                                          CFR 80.1105(b) through (d) and which                                                                          and
                                          obligated parties apply to determine                    Meetings; Sunshine Act
                                                                                                                                                          2. Obligation of Funds for a
                                          their renewable volume obligation                                                                             Temporary Interactive Voice Response
                                                                                                  AGENCY HOLDING THE MEETING:    Equal
                                          under 40 CFR 80.1107. This                                                                                    (IVR) Non-competitive Housing
                                                                                                  Employment Opportunity Commission.
                                          recalculated 2008 RFS supersedes, and                                                                         Contract, a Non-competitive Extension
                                          therefore replaces for all purposes, the                DATE AND TIME: Tuesday, February 19,
                                                                                                  2008, 10:30 a.m. eastern time.                        of Software Licenses and a Competitive
                                          2008 standard published by EPA on                                                                             Contract for Technology Support of
                                          November 27, 2007.                                      PLACE: Clarence M. Mitchell, Jr.
                                                                                                                                                        Customer Response Function.
                                                                                                  Conference Room on the Ninth Floor of
                                            Dated: February 7, 2008.                              the EEOC Office Building, 1801 ‘‘L’’                    Note: In accordance with the Sunshine Act,
                                          Stephen L. Johnson,                                     Street, NW., Washington, DC 20507.                    the meeting will be open to public
                                                                                                                                                        observation of the Commission’s
                                          Administrator.                                          STATUS: The meeting will be open to the               deliberations and voting. (In addition to
                                          [FR Doc. 08–679 Filed 2–13–08; 8:45 am]                 public.                                               publishing notices on EEOC Commission
                                          BILLING CODE 6560-50-M                                  MATTERS TO BE CONSIDERED:                             meetings in the Federal Register, the
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                                            1 Letter to the Honorable Linda Lingle, Governor      Relationship of Refiner and Prime Supplier Sales        4 Through 2010 only, unless the exemption is

                                          of Hawaii, from Stephen Johnson of EPA dated July       Volumes’’ (p. 382).                                   extended under 211(o)(9)(A)(ii) or (B) of the Act.
                                                                                                    3 Table 2.2–21 ‘‘2012 Forecasted Ethanol              5 ‘‘Calculation of the Small Refiner/Small
                                          30, 2007.
                                            2 Energy Information Administration, Petroleum        Consumption by State,’’ Regulatory Impact             Refinery Fraction for the Renewable Fuel Program,’’
                                          Marketing Annual 2006, Explanatory Notes,               Analysis: Renewable Fuel Standard Program, April      memo to the docket from Christine Brunner, ASD,
                                                                                                                                                                                                              EN14FE08.004</MATH>




                                                                                                  2007.                                                 OTAQ, EPA, September 2006.



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