Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes; Correction Publication: Federal Register Agency: Environmental Protection Agency Byline: Joseph Goffman Date: 3 August 2023 Subjects: American Government , The Environment, Petroleum

[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51239-51240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16541]



[[Page 51239]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2021-0427; FRL-8514-03-OAR]
RIN 2060-AV14


Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 
and Other Changes; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is correcting a 
final rule that appeared in the Federal Register on July 12, 2023. The 
final rule determined the applicable volume requirements and percentage 
standards for the Renewable Fuel Standard (RFS) for 2023 through 2025 
for cellulosic biofuel, biomass-based diesel, advanced biofuel, and 
total renewable fuel, established the second supplemental standard 
addressing the judicial remand of the 2016 standard-setting rulemaking, 
and made several regulatory changes to the RFS program. This document 
corrects several amendatory instructions in the regulatory text in the 
final rule, but does not make any substantive changes.

DATES: This correction is effective on September 11, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2021-0427. All documents in the docket are listed on the 
https://www.regulations.gov website. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material is not available on the internet and 
will be publicly available only in hard copy form. Publicly available 
docket materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Nick Parsons, Office of Transportation 
and Air Quality, Assessment and Standards Division, Environmental 
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; 
telephone number: 734-214-4479; email address: RFS-Rulemakings@epa.gov.

SUPPLEMENTARY INFORMATION: 
    EPA is making several corrections for inadvertent errors in the 
amendatory instructions and regulatory text for the final rule:
     40 CFR 80.140(a)(8) should be 40 CFR 80.140(a)(7).
     Instruction 17.l removes and replaces the text ``Table 1 
to this section, or a D code as approved by the Administrator, which'', 
but should remove and replace the text ``Table 1 to this section, or D 
codes as approved by the Administrator, which''.
     Instruction 17.x amends 40 CFR 80.1426(f)(5)(v), but 
should amend 40 CFR 80.1426(f)(4)(ii).
     Instruction 20.d redesignates 40 CFR 80.1429(b)(5), but 
should also redesignate 40 CFR 80.1429(b)(5)(i) and (ii).
     Instruction 27.a removes and replaces the text ``the 
Administrator'' in 40 CFR 80.1443(a), (b), and (e), but should also 
remove and replace the text ``The Administrator''.
     Instruction 29.b amends 40 CFR 80.1450(b)(1)(ii), but 
should more specifically amend 40 CFR 80.1450(b)(1)(ii) introductory 
text.
     Instruction 29.q removes and replaces the text ``The 
Administrator'' in 40 CFR 80.1450(g)(11)(i), (ii), (iii), and (i)(1), 
but should also remove and replace the text ``the Administrator''.
     Instruction 33.c removes and replaces the text ``Sec.  
80.1401'' in 40 CFR 80.1453(d) and (f)(1)(vi), but should also remove 
and replace the text ``40 CFR 80.1401''.
     Instruction 34.i removes 40 CFR 80.1454(d) introductory 
text, but should instead revise 40 CFR 80.1454(d) introductory text.
    Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
public notice and comment procedures are impracticable, unnecessary, or 
contrary to the public interest, the agency may issue a rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment 
because such notice and opportunity for comment is unnecessary as the 
technical correction is for minor typographical, non-substantive errors 
only.

Correction

PART 80 [Corrected]

    In FR Doc. 2023-13462 appearing at 88 FR 44468 in the Federal 
Register of Wednesday, July 12, 2023, the following corrections are 
made:


Sec.  80.140  [Corrected]

0
1. On page 44571, in the second column, in Sec.  80.140, in paragraph 
(a), ``(8) Volume standardization.'' is corrected to read: ``(7) Volume 
standardization.''.


Sec.  80.1426  [Corrected]

0
2. On page 44582, in the second column, amendatory instruction 17.l is 
corrected to read: ``l. In paragraph (f)(3)(i), removing the text 
``Table 1 to this section, or D codes as approved by the Administrator, 
which'' and adding in its place the text ``the approved pathways 
that'';''.

0
3. On page 44582, in the second column, amendatory instruction 17.x is 
corrected to read: ``x. In paragraph (f)(4)(ii), removing the text 
``Table 1 to this section, or a D code as approved by the 
Administrator, which'' and adding in its place the text ``the approved 
pathway that'';''.


Sec.  80.1429  [Corrected]

0
4. On page 44585, in the first column, amendatory instruction 20.d is 
corrected to read: ``d. Redesignating paragraphs (b)(5) introductory 
text, (b)(5)(i), and (b)(5)(ii) as paragraphs (b)(5)(i), (b)(5)(i)(A), 
and (b)(5)(i)(B), respectively;''.


Sec.  80.1443  [Corrected]

0
5. On page 44586, in the second column, amendatory instruction 27.a is 
corrected to read: ``a. In paragraph (a), removing the text ``the 
Administrator'' and adding in its place the text ``EPA''; in paragraph 
(b), removing the text ``The Administrator'' and adding in its place 
the text ``EPA''; and in paragraph (e) introductory text, removing the 
text ``the Administrator'' and adding in its place the text ``EPA''; 
and''.


Sec.  80.1450  [Corrected]

0
6. On page 44586, in the second column, amendatory instruction 29.b is 
corrected to read: ``b. Revising paragraphs (b)(1) introductory text 
and (b)(1)(ii) introductory text;''.

0
7. On page 44586, in the second column, amendatory instruction 29.q is 
corrected to read: ``q. In paragraph (g)(11)(i), removing the text 
``The Administrator may issue a notice of intent to revoke the 
registration of a third-party auditor if the Administrator'' and adding 
in its place the text ``EPA may issue a notice of intent to revoke the 
registration of a third-party auditor if EPA''; in paragraph 
(g)(11)(ii), removing the text ``The Administrator'' and adding in its 
place the text ``EPA''; and in paragraphs (g)(11)(iii) and (i)(1), 
removing the text ``the Administrator'' and adding in its place the 
text ``EPA''.''

[[Page 51240]]

Sec.  80.1453  [Corrected]

0
8. On page 44589, in the second column, amendatory instruction 33.c is 
corrected to read: ``c. In paragraph (d), removing the text ``Sec.  
80.1401'' and adding in its place the text ``Sec.  80.2''; and in 
paragraph (f)(1)(vi), removing the text ``40 CFR 80.1401'' and adding 
in its place the text ``Sec.  80.2'';''


Sec.  80.1454  [Corrected]

0
9. On page 44589, in the third column, amendatory instruction 34.i is 
corrected to read: ``i. Revising paragraph (d) introductory text;''.

Joseph Goffman,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2023-16541 Filed 8-2-23; 8:45 am]
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