Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel Standard and Diesel Sulfur Programs

Lisa P. Jackson
Environmental Protection Agency
December 6, 2012

[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Rules and Regulations]
[Pages 72746-72747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29512]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2012-0223; FRL- 9758-8]


Regulation of Fuels and Fuel Additives: Modifications to 
Renewable Fuel Standard and Diesel Sulfur Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA published a direct final rule on October 9, 2012 to amend 
the definition of heating oil in 40 CFR 80.1401 in the Renewable Fuel 
Standard (``RFS'') program under section 211(o) of the Clean Air Act. 
The direct final rule also amended requirements under EPA's diesel 
sulfur program related to the sulfur content of locomotive and marine 
diesel fuel produced by transmix processors, and the fuel marker 
requirements for 500 ppm sulfur locomotive and marine (LM) diesel fuel 
to allow for solvent yellow 124 marker to transition out of the 
distribution system. Because EPA received adverse comments on the 
heating oil definition and transmix amendments, we are withdrawing 
those portions of the direct final rule. Because EPA did not receive 
adverse comments with respect to the yellow marker amendments, those 
amendments will become effective as indicated in the direct final rule.

DATES: Effective December 6, 2012, EPA withdraws the amendments to 40 
CFR 80.511, 80.513, 80.572, 80.597, 80.1401, 80.1450, 80.1451, 80.1453, 
80.1454, and 80.1460 published at 77 FR 61281 (October 9, 2012). 
Because EPA did not receive adverse comments with respect to the 
amendments to 40 CFR 80.510, 80.598, 80.610, and 80.1426, those 
amendments will become effective on December 10, 2012, as indicated in 
the direct final rule.

FOR FURTHER INFORMATION CONTACT: Kristien Knapp, Office of 
Transportation and Air Quality, Mail Code: 6405J, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., 20460; telephone 
number: (202) 343-9949; fax number: (202) 343-2800; email address: 
knapp.kristien@epa.gov.

SUPPLEMENTARY INFORMATION: EPA published a direct final rule on October 
9, 2012 (77 FR 61281) to amend provisions in the renewable fuel 
standard (RFS) and diesel sulfur fuel programs. The RFS amendment would 
have changed the definition of home heating oil. The diesel sulfur 
amendments would have provided

[[Page 72747]]

additional flexibility for transmix processors who produce locomotive 
and marine diesel fuel, and allowed solvent yellow 124 marker to 
transition out of the distribution system. We stated in the direct 
final rule that if EPA received timely adverse comment or a hearing 
request on the rule or any specific portion of the rule, we would 
publish a withdrawal of the rule or a specific portion of the rule in 
the Federal Register informing the public that the rule or portions of 
the rule with adverse comment will not take effect. We subsequently 
received adverse comment on the RFS heating oil amendments and the 
diesel transmix amendments. We did not receive adverse comment on the 
yellow marker amendments to 40 CFR 80.510, 80.598, 80.610, or the RFS 
requirement for RIN generation, as amended in 40 CFR 80.1426. 
Therefore, EPA is withdrawing the direct final rule with respect to the 
RFS heating oil amendments and the diesel sulfur transmix amendments, 
but leaving in place the direct final rule with respect to 40 CFR 
80.510, 80.598, 80.610, and 80.1426. Those regulatory amendments will 
take effect on December 10, 2012.
    EPA intends to address all comments received on the RFS heating oil 
and diesel transmix amendments in subsequent final actions, which will 
be based on the parallel proposed rule also published on October 9, 
2012 (77 FR 61313). As stated in the direct final rule and the parallel 
proposed rule, we will not institute a second comment period on this 
action.

    Dated: November 30, 2012.
Lisa P. Jackson,
Administrator.

    Accordingly, the regulatory amendments to 40 CFR 80.511, 80.513, 
80.572, 80.597, 80.1401, 80.1450, 80.1451, 80.1453, 80.1454, and 
80.1460 published on October 9, 2012 (77 FR 61281) are withdrawn. The 
regulatory amendments to 40 CFR 80.510, 80.598, 80.610, and 80.1426 
will take effect on December 10, 2012.

[FR Doc. 2012-29512 Filed 12-5-12; 8:45 am]
BILLING CODE 6560-50-P