Partial Withdrawal of Technical Amendments Related to: Tier 3 Motor Vehicle Fuel and Quality Assurance Plan Provisions

Gina McCarthy
Environmental Protection Agency
May 8, 2015

[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Rules and Regulations]
[Pages 26463-26464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2011-0135; FRL-9927-17-OAR]
RIN 2060-AS36


Partial Withdrawal of Technical Amendments Related to: Tier 3 
Motor Vehicle Fuel and Quality Assurance Plan Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Partial withdrawal of direct final rule.

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SUMMARY: Because EPA received adverse comment on certain elements of 
the Tier 3 Amendments direct final rule published on February 19, 2015, 
we are withdrawing those elements of the direct final rule. EPA intends 
to consider the comments received and proceed with a new final rule for 
the withdrawn elements. The remaining elements will go into effect 
pursuant to the direct final rule.

DATES: Effective May 5, 2015, EPA withdraws the amendments to 40 CFR 
80.1453, 80.1616, and 80.1621 published at 80 FR 9078 on February 19, 
2015.

FOR FURTHER INFORMATION CONTACT: Julia MacAllister, Office of 
Transportation and Air Quality, Assessment and Standards Division, 2000 
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: 734-214-
4131; email address: MacAllister.Julia@epa.gov.

SUPPLEMENTARY INFORMATION: We stated in the Tier 3 Technical Amendments 
direct final rule published on February 19, 2015 (80 FR 9078) that if 
we received adverse comment by April 6, 2015, as to any part of the 
direct final rule, those parts would be withdrawn by publishing a 
timely notice in the Federal Register. Because EPA received adverse 
comment, we are withdrawing the amendments that were the subject of 
these adverse comments and they will not take effect. Three specific 
provisions are being withdrawn, as described below.
    First, 40 CFR 80.1453: In the Renewable Fuel Standard (RFS) Quality 
Assurance Program (QAP) Rule (79 FR 42078, July 18, 2014), EPA added 
additional product transfer document (PTD) requirements for renewable 
fuels that informed parties that took ownership of the renewable fuel 
that they would need to (a) use the fuel as it was intended, i.e., for 
transportation use; and, (b) incur a renewable volume obligation (RVO) 
if the fuel was exported. Shortly after publication of the QAP final 
rule, we received questions on whether these PTD requirements would 
apply downstream to the end users, including residential heating oil 
owners and people filling up their fuel tanks at fuel retail stations. 
EPA provides downstream end user exemptions to the PTD requirements in 
other fuels programs, and the direct final rule included similar 
exemptions for RFS PTD requirements. The words ``or custody'' were 
inadvertently added to the RFS PTD requirements and we received several 
comments pointing out that applying the PTD requirements to the 
transfer of custody of renewable fuels would be costly to industry and 
not beneficial to the RFS program. In this action we are withdrawing 
all of the changes to 40 CFR 80.1453.
    Second, 40 CFR 80.1616: The direct final rule included some 
clarifying language for when credits expire and are reported. We 
received a comment advocating for small refiners and small volume 
refineries to be allowed to use credits past January 1, 2020--to 
effectively receive a small refiner- and small volume refinery-specific 
period of lead time before these parties must comply with the Tier 3 
sulfur standards. Although it is not clear whether this comment is 
germane to the provisions of the direct final rule, in light of the 
short time frame for withdrawal of the direct final rule, we have 
decided to treat this as an adverse comment on the amended rulemaking 
provisions and we therefore are withdrawing the proposed changes to 40 
CFR 80.1616.
    Third, 40 CFR 80.1621: Following publication of the Tier 3 Final 
Rule (79 FR 23414, April 28, 2014) we were contacted by some refiners 
to clarify if/when small volume refineries could be disqualified, 
because there was language inadvertently deleted from the regulatory 
text as part of the Tier 3 final rule. In re-inserting this text in the 
direct final rule, we clarified that small volume refinery 
disqualification was akin to small refiner disqualification. We 
received adverse comment raising the issue that the new wording is 
confusing because it does not explicitly state exactly when and under 
which circumstances that disqualification could occur, and also that 
the term ``small refinery'' was used instead of the correct term 
``small volume refinery''. In this action we are withdrawing all 
changes to 40 CFR 80.1621.
    EPA published a parallel proposed rule on the same day as the 
direct final rule. The proposed rule invited comment on the substance 
of the direct final rule. EPA intends to consider the comments received 
and proceed with a new final rule. As stated in the parallel proposal, 
EPA does not plan to institute a second comment period for the proposed 
action with respect to the provisions that are withdrawn by this 
notice.
    The amendments for which we did not receive adverse comment are not 
being withdrawn and will become

[[Page 26464]]

effective on May 5, 2015, as provided in the February 19, 2015 direct 
final rule.
    Accordingly, the amendments to 40 CFR 80.1453, 80.1616 and 80.1621 
on February 19, 2015 (80 FR 9078), are withdrawn as of May 5, 2015.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Confidential business information, Diesel fuel, 
Fuel additives, Gasoline, Imports, Incorporation by reference, 
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and 
recordkeeping requirements.

    Dated: April 30, 2015.
Gina McCarthy,
Administrator.
[FR Doc. 2015-10487 Filed 5-6-15; 4:15 pm]
 BILLING CODE 6560-50-P