278
                                      58
                                     8.739
                                    3139.0
                                      565
                                   800-1600
                                      914
                                     186.2
                                     38.5
                                      5.8
                                      186
                                      39
                                     5.845
                                    6297.8
                                      378
                                   1600-3200
                                     1,692
                                     344.8
                                     71.4
                                     10.8
                                       0
                                       0
                                     0.000
                                    11660.3
                                       0
                                   3200-6400
                                     3,353
                                     683.2
                                     141.4
                                     21.4
                                       0
                                       0
                                     0.000
                                    23105.8
                                       0
                                  6400-12800
                                     6,825
                                    1390.5
                                     287.8
                                     43.6
                                       0
                                       0
                                     0.000
                                    47028.1
                                       0
                                     TOTAL

                                    27,178
                                    5,625
                                      853

                                    55,151

Table A2-6.  RACT-Impacted Condensate Storage Vessel Emission Reductions

                  Well Productivity Bracket (bbls/day range)
                           Representative (bbls/day)
       Average Emission Reductions Per Unit (tpy) assuming 95% reduction
                      Nationwide Emission Reductions 2012

                         Natural Gas Saved Mcf/yr/unit
                        Total Natural Gas Saved Mcf/yr

                                      VOC
                                    Methane
                                      HAP
                                      VOC
                                    Methane
                                      HAP

                                    >0-1
                                      635
                                     0.036
                                     0.008
                                     0.001
                                       0
                                       0
                                       0
                                     1.151
                                       0
                                      1-2
                                      349
                                     0.159
                                     0.035
                                     0.005
                                       0
                                       0
                                       0
                                     5.051
                                       0
                                      2-4
                                      648
                                     0.302
                                     0.067
                                     0.009
                                       0
                                       0
                                       0
                                     9.558
                                       0
                                      4-6
                                      766
                                     0.545
                                     0.120
                                     0.016
                                       0
                                       0
                                       0
                                    17.252
                                       0
                                      6-8
                                      640
                                     0.78
                                     0.17
                                     0.02
                                       0
                                       0
                                       0
                                    24.818
                                       0
                                     8-10
                                      525
                                     0.99
                                     0.22
                                     0.03
                                       0
                                       0
                                       0
                                    31.423
                                       0
                                     10-12
                                      408
                                     1.30
                                     0.29
                                     0.04
                                       0
                                       0
                                       0
                                     41.27
                                       0
                                     12-15
                                      564
                                     1.46
                                     0.32
                                     0.04
                                       0
                                       0
                                       0
                                     46.16
                                       0
                                     15-20
                                      758
                                     1.99
                                     0.44
                                     0.06
                                       0
                                       0
                                       0
                                     63.11
                                       0
                                     20-25
                                      674
                                     3.15
                                     0.70
                                     0.09
                                       0
                                       0
                                       0
                                     99.91
                                       0
                                     25-30
                                      531
                                     3.65
                                     0.81
                                     0.11
                                       0
                                       0
                                       0
                                    115.68
                                       0
                                     30-40
                                      927
                                     5.07
                                     1.12
                                     0.15
                                       0
                                       0
                                       0
                                     160.4
                                       0
                                     40-50
                                      747
                                     7.21
                                     1.59
                                     0.21
                                       0
                                       0
                                       0
                                     228.4
                                       0
                                    50-100
                                     2,691
                                     11.1
                                      2.5
                                      0.3
                                       0
                                       0
                                       0
                                     352.6
                                       0
                                    100-200
                                     3,800
                                     24.1
                                      5.3
                                      0.7
                                       0
                                       0
                                       0
                                      763
                                       0
                                    200-400
                                     2,705
                                     47.3
                                     10.4
                                      1.4
                                       0
                                       0
                                       0
                                     1498
                                       0
                                    400-800
                                     1,165
                                     87.7
                                     19.3
                                      2.6
                                       0
                                       0
                                       0
                                     2777
                                       0
                                   800-1600
                                      348
                                     135.1
                                     29.8
                                      4.0
                                       0
                                       0
                                       0
                                     4277
                                       0
                                   1600-3200
                                      69
                                     295.1
                                     65.0
                                      8.7
                                       0
                                       0
                                       0
                                     9346
                                       0
                                   3200-6400
                                      37
                                     465.4
                                     102.5
                                     13.6
                                       0
                                       0
                                       0
                                     14737
                                       0
                                  6400-12800
                                       5
                                    1771.2
                                     390.3
                                     51.9
                                       0
                                       0
                                       0
                                     56086
                                       0
                                   >12800
                                       0
                                      0.0
                                      0.0
                                      0.0
                                       0
                                       0
                                       0
                                       0
                                       0

Table A2-7.  RACT-Impacted Oil Storage Vessel VRU and Combustor Costs

                          Well Productivity Bracket
                               (bbls/day range)
                           Route Emissions to a VRU
                        Route Emissions to a Combustor

                        Total Capital Cost Per Unit ($)
                       Total Annual Cost Per Unit ($/yr)
                     VOC Cost of Control          ($/ton)
                        Total Capital Cost Per Unit ($)
                       Total Annual Cost Per Unit ($/yr)
                    VOC Cost of Control             ($/ton)

                                  w/o savings
                                  w/ savings
                                  w/o savings
                                  w/ savings

                                  w/o savings
                                  w/ savings
                                  w/o savings
                                  w/ savings
                                    >0-1
                                   $171,538
                                    $28,230
                                    $28,219
                                   $359,638
                                   $359,503
                                   $100,986
                                    $25,194
                                    $25,194
                                   $320,961
                                   $320,961
                                      1-2
                                   $171,538
                                    $28,230
                                    $28,193
                                   $103,714
                                   $103,579
                                   $100,986
                                    $25,194
                                    $25,194
                                    $92,560
                                    $92,560
                                      2-4
                                   $171,538
                                    $28,230
                                    $28,157
                                    $52,104
                                    $51,969
                                   $100,986
                                    $25,194
                                    $25,194
                                    $46,500
                                    $46,500
                                      4-6
                                   $171,538
                                    $28,230
                                    $28,107
                                    $31,170
                                    $31,035
                                   $100,986
                                    $25,194
                                    $25,194
                                    $27,818
                                    $27,818
                                      6-8
                                   $171,538
                                    $28,230
                                    $28,058
                                    $22,261
                                    $22,126
                                   $100,986
                                    $25,194
                                    $25,194
                                    $19,867
                                    $19,867
                                     8-10
                                   $171,538
                                    $28,230
                                    $28,007
                                    $17,144
                                    $17,009
                                   $100,986
                                    $25,194
                                    $25,194
                                    $15,301
                                    $15,301
                                     10-12
                                   $171,538
                                    $28,230
                                    $27,959
                                    $14,092
                                    $13,957
                                   $100,986
                                    $25,194
                                    $25,194
                                    $12,577
                                    $12,577
                                     12-15
                                   $171,538
                                    $28,230
                                    $27,897
                                    $11,478
                                    $11,342
                                   $100,986
                                    $25,194
                                    $25,194
                                    $10,243
                                    $10,243
                                     15-20
                                   $171,538
                                    $28,230
                                    $27,805
                                    $8,986
                                    $8,851
                                   $100,986
                                    $25,194
                                    $25,194
                                    $8,020
                                    $8,020
                                     20-25
                                   $171,538
                                    $28,230
                                    $27,682
                                    $6,963
                                    $6,828
                                   $100,986
                                    $25,194
                                    $25,194
                                    $6,214
                                    $6,214
                                     25-30
                                   $171,538
                                    $28,230
                                    $27,559
                                    $5,692
                                    $5,557
                                   $100,986
                                    $25,194
                                    $25,194
                                    $5,080
                                    $5,080
                                     30-40
                                   $171,538
                                    $28,230
                                    $27,390
                                    $4,544
                                    $4,409
                                   $100,986
                                    $25,194
                                    $25,194
                                    $4,055
                                    $4,055
                                     40-50
                                   $171,538
                                    $28,230
                                    $27,149
                                    $3,532
                                    $3,397
                                   $100,986
                                    $25,194
                                    $25,194
                                    $3,153
                                    $3,153
                                    50-100
                                   $171,538
                                    $28,230
                                    $26,533
                                    $2,251
                                    $2,115
                                   $100,986
                                    $25,194
                                    $25,194
                                    $2,009
                                    $2,009
                                    100-200
                                   $171,538
                                    $28,230
                                    $24,934
                                    $1,159
                                    $1,024
                                   $100,986
                                    $25,194
                                    $25,194
                                    $1,034
                                    $1,034
                                    200-400
                                   $171,538
                                    $28,230
                                    $21,675
                                     $583
                                     $447
                                   $100,986
                                    $25,194
                                    $25,194
                                     $520
                                     $520
                                    400-800
                                   $171,538
                                    $28,230
                                    $15,674
                                     $304
                                     $169
                                   $100,986
                                    $25,194
                                    $25,194
                                     $271
                                     $271
                                   800-1600
                                   $171,538
                                    $28,230
                                    $3,039
                                     $152
                                      $16
                                   $100,986
                                    $25,194
                                    $25,194
                                     $135
                                     $135
                                   1600-3200
                                   $171,538
                                    $28,230
                                   -$18,411
                                      $82
                                     -$53
                                   $100,986
                                    $25,194
                                    $25,194
                                      $73
                                      $73
                                   3200-6400
                                   $171,538
                                    $28,230
                                   -$64,193
                                      $41
                                     -$94
                                   $100,986
                                    $25,194
                                    $25,194
                                      $37
                                      $37
                                  6400-12800
                                   $171,538
                                    $28,230
                                   -$159,882
                                      $20
                                     -$115
                                   $100,986
                                    $25,194
                                    $25,194
                                      $18
                                      $18

Table A2-8.  RACT-Impacted Condensate Storage Vessel VRU and Combustor Costs

                           Well Productivity Bracket
                               (bbls/day range)
                          Routing Emissions to a VRU
                            Routing to a Combustor

                        Total Capital Cost Per Unit ($)
                       Total Annual Cost Per Unit ($/yr)
                 VOC Cost Effectiveness               ($/ton)
                        Total Capital Cost Per Unit ($)
                       Total Annual Cost Per Unit ($/yr)
                 VOC Cost Effectiveness               ($/ton)

                                  w/o savings
                                  w/ savings
                                  w/o savings
                                  w/ savings

                                  w/o savings
                                  w/ savings
                                  w/o savings
                                  w/ savings
                                    >0-1
                                   $171,538
                                    $28,230
                                    $28,225
                                   $776,897
                                   $776,770
                                   $100,986
                                    $25,194
                                    $25,194
                                   $693,345
                                   $693,345
                                      1-2
                                   $171,538
                                    $28,230
                                    $28,210
                                   $176,996
                                   $176,870
                                   $100,986
                                    $25,194
                                    $25,194
                                   $157,961
                                   $157,961
                                      2-4
                                   $171,538
                                    $28,230
                                    $28,192
                                    $93,529
                                    $93,402
                                   $100,986
                                    $25,194
                                    $25,194
                                    $83,470
                                    $83,470
                                      4-6
                                   $171,538
                                    $28,230
                                    $28,161
                                    $51,817
                                    $51,690
                                   $100,986
                                    $25,194
                                    $25,194
                                    $46,244
                                    $46,244
                                      6-8
                                   $171,538
                                    $28,230
                                    $28,131
                                    $36,020
                                    $35,893
                                   $100,986
                                    $25,194
                                    $25,194
                                    $32,146
                                    $32,146
                                     8-10
                                   $171,538
                                    $28,230
                                    $28,104
                                    $28,449
                                    $28,322
                                   $100,986
                                    $25,194
                                    $25,194
                                    $25,390
                                    $25,390
                                     10-12
                                   $171,538
                                    $28,230
                                    $28,065
                                    $21,663
                                    $21,537
                                   $100,986
                                    $25,194
                                    $25,194
                                    $19,334
                                    $19,334
                                     12-15
                                   $171,538
                                    $28,230
                                    $28,045
                                    $19,367
                                    $19,240
                                   $100,986
                                    $25,194
                                    $25,194
                                    $17,284
                                    $17,284
                                     15-20
                                   $171,538
                                    $28,230
                                    $27,978
                                    $14,166
                                    $14,039
                                   $100,986
                                    $25,194
                                    $25,194
                                    $12,642
                                    $12,642
                                     20-25
                                   $171,538
                                    $28,230
                                    $27,830
                                    $8,948
                                    $8,821
                                   $100,986
                                    $25,194
                                    $25,194
                                    $7,985
                                    $7,985
                                     25-30
                                   $171,538
                                    $28,230
                                    $27,767
                                    $7,727
                                    $7,601
                                   $100,986
                                    $25,194
                                    $25,194
                                    $6,896
                                    $6,896
                                     30-40
                                   $171,538
                                    $28,230
                                    $27,588
                                    $5,573
                                    $5,446
                                   $100,986
                                    $25,194
                                    $25,194
                                    $4,974
                                    $4,974
                                     40-50
                                   $171,538
                                    $28,230
                                    $27,316
                                    $3,914
                                    $3,787
                                   $100,986
                                    $25,194
                                    $25,194
                                    $3,493
                                    $3,493
                                    50-100
                                   $171,538
                                    $28,230
                                    $26,820
                                    $2,535
                                    $2,409
                                   $100,986
                                    $25,194
                                    $25,194
                                    $2,263
                                    $2,263
                                    100-200
                                   $171,538
                                    $28,230
                                    $25,177
                                    $1,171
                                    $1,045
                                   $100,986
                                    $25,194
                                    $25,194
                                    $1,045
                                    $1,045
                                    200-400
                                   $171,538
                                    $28,230
                                    $22,239
                                     $597
                                     $470
                                   $100,986
                                    $25,194
                                    $25,194
                                     $533
                                     $533
                                    400-800
                                   $171,538
                                    $28,230
                                    $17,120
                                     $322
                                     $195
                                   $100,986
                                    $25,194
                                    $25,194
                                     $287
                                     $287
                                   800-1600
                                   $171,538
                                    $28,230
                                    $11,122
                                     $209
                                      $82
                                   $100,986
                                    $25,194
                                    $25,194
                                     $187
                                     $187
                                   1600-3200
                                   $171,538
                                    $28,230
                                    -$9,152
                                      $96
                                     -$31
                                   $100,986
                                    $25,194
                                    $25,194
                                      $85
                                      $85
                                   3200-6400
                                   $171,538
                                    $28,230
                                   -$30,717
                                      $61
                                     -$66
                                   $100,986
                                    $25,194
                                    $25,194
                                      $54
                                      $54
                                  6400-12800
                                   $171,538
                                    $28,230
                                   -$196,116
                                      $16
                                     -$111
                                   $100,986
                                    $25,194
                                    $25,194
                                      $14
                                      $14
                                   >12800
                                   $171,538
                                    $28,230
                                    $28,230
                                      $0
                                      $0
                                   $100,986
                                    $25,194
                                    $25,194
                                      $0
                                      $0

Table A2-9.  RACT-Impacted Oil Storage Vessel Nationwide Costs

                           Well Productivity Bracket
                                (bbls/day range)
                                Representative
                                  (bbls/day)
                            Total Nationwide Costs

                                  Capital ($)
                              Annual w/o savings
                                    ($/yr)
                           Annual w/ savings ($/yr)
                                    >0-1
                                     0.385
                                      $0
                                      $0
                                      $0
                                      1-2
                                     1.34
                                      $0
                                      $0
                                      $0
                                      2-4
                                     2.66
                                      $0
                                      $0
                                      $0
                                      4-6
                                     4.45
                                      $0
                                      $0
                                      $0
                                      6-8
                                     6.22
                                      $0
                                      $0
                                      $0
                                     8-10
                                     8.08
                                      $0
                                      $0
                                      $0
                                     10-12
                                     9.83
                                      $0
                                      $0
                                      $0
                                     12-15
                                     12.1
                                      $0
                                      $0
                                      $0
                                     15-20
                                     15.4
                                      $0
                                      $0
                                      $0
                                     20-25
                                     19.9
                                      $0
                                      $0
                                      $0
                                     25-30
                                     24.3
                                      $0
                                      $0
                                      $0
                                     30-40
                                     30.5
                                 $126,084,071
                                  $30,408,253
                                  $30,347,823
                                     40-50
                                     39.2
                                  $61,816,233
                                  $14,908,494
                                  $14,870,384
                                    50-100
                                     61.6
                                  $91,098,714
                                  $21,970,679
                                  $21,882,531
                                    100-200
                                      120
                                  $13,047,171
                                  $3,146,644
                                  $3,122,124
                                    200-400
                                      238
                                  $1,504,633
                                   $362,879
                                   $357,255
                                    400-800
                                      456
                                   $315,657
                                    $76,128
                                    $73,868
                                   800-1600
                                      914
                                   $105,219
                                    $25,376
                                    $23,865
                                   1600-3200
                                     1,692
                                      $0
                                      $0
                                      $0
                                   3200-6400
                                     3,353
                                      $0
                                      $0
                                      $0
                                  6400-12800
                                     6,825
                                      $0
                                      $0
                                      $0
                                     TOTAL

                                 $293,971,699
                                  $70,898,453
                                  $70,677,849

Table A2-10.  RACT-Impacted Condensate Storage Vessel Nationwide Costs

                          Well Productivity Bracket
                               (bbls/day range)
                                Representative
                                  (bbls/day)
                            Total Nationwide Costs

                                  Capital ($)
                           Annual w/o savings ($/yr)
                           Annual w/ savings ($/yr)
                                    >0-1
                                      635
                                      $0
                                      $0
                                      $0
                                      1-2
                                      349
                                      $0
                                      $0
                                      $0
                                      2-4
                                      648
                                      $0
                                      $0
                                      $0
                                      4-6
                                      766
                                      $0
                                      $0
                                      $0
                                      6-8
                                      640
                                      $0
                                      $0
                                      $0
                                     8-10
                                      525
                                      $0
                                      $0
                                      $0
                                     10-12
                                      408
                                      $0
                                      $0
                                      $0
                                     12-15
                                      564
                                      $0
                                      $0
                                      $0
                                     15-20
                                      758
                                      $0
                                      $0
                                      $0
                                     20-25
                                      674
                                      $0
                                      $0
                                      $0
                                     25-30
                                      531
                                      $0
                                      $0
                                      $0
                                     30-40
                                      927
                                      $0
                                      $0
                                      $0
                                     40-50
                                      747
                                      $0
                                      $0
                                      $0
                                    50-100
                                     2,691
                                      $0
                                      $0
                                      $0
                                    100-200
                                     3,800
                                      $0
                                      $0
                                      $0
                                    200-400
                                     2,705
                                      $0
                                      $0
                                      $0
                                    400-800
                                     1,165
                                      $0
                                      $0
                                      $0
                                   800-1600
                                      348
                                      $0
                                      $0
                                      $0
                                   1600-3200
                                      69
                                      $0
                                      $0
                                      $0
                                   3200-6400
                                      37
                                      $0
                                      $0
                                      $0
                                  6400-12800
                                       5
                                      $0
                                      $0
                                      $0
                                   >12800
                                       0
                                      $0
                                      $0
                                      $0
                                     TOTAL

                                      $0
                                      $0
                                      $0

                                 ATTACHMENT 3

    Oil and Natural Gas CTG  -  Storage Vessels Covered By State Regulation

	This attachment presents an analysis of state regulations that estimate the number of existing storage vessels that are subject to a RACT-equivalent or greater level of control. The number of storage vessels determined to be subject to a RACT-equivalent or greater level of control is subtracted from the number of storage vessels that are located in RACT-impacted areas that we assume emit greater than or equal to 6 tpy. There may be more storage vessels regulated or permitted at a greater or equivalent level of control to the recommended RACT that have not been accounted for in this analysis (e.g., based on case-by-case permit limits).


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5182-5184]
[FR Doc No: 2021-01017]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0322; FRL-10011-04-OAR]

Notice of Receipt of Petitions for a Waiver of the 2019 and 2020
Renewable Fuel Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comment on petitions received.

-----------------------------------------------------------------------

SUMMARY: EPA has received a number of petitions last year for a waiver
of the Renewable Fuel Standard (RFS) obligations that apply in 2019 and
2020. These petitions argue that recent events warrant EPA exercising
its general waiver authority on the basis of severe economic harm. In
late March, a group of small refineries requested a waiver of the 2019
and 2020 obligations of their individual small refineries. In April and
May, the Governors of several states submitted three separate petitions
for waivers of the nationwide volumes. The Clean Air Act grants EPA the
discretion to waive the requirements of the RFS program in whole or in
part if the Administrator determines, after notice and comment, that
implementation of the applicable annual volume requirements would
severely harm the economy or environment of a State,

region, or the United States. EPA is inviting comment on the petitions
we have received.

DATES: Comments: Comments must be received on or before February 18,
2021.

ADDRESSES: You may send your comments, identified by Docket ID No. EPA-
HQ-OAR-2020-0322, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov
(our preferred method) Follow the online instructions for submitting
comments.
     Email<EMAIL_ADDRESS>Include Docket ID No. EPA-
HQ-OAR-2020-0322 in the subject line of the message.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For the full EPA public comment policy, information about CBI
or multimedia submissions, and general guidance on making effective
comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.
    Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room will be closed to public
visitors beginning at the close of business on March 31, 2020 (4:30
p.m.) to reduce the risk of transmitting COVID-19. Our Docket Center
staff will continue to provide remote customer service via email,
phone, and webform. We encourage the public to submit comments via
https://www.regulations.gov or email, as there will be a delay in
process mail and no hand deliveries will be accepted. For further
information on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lauren Michaels, Office of
Transportation and Air Quality, Assessment and Standards Division,
Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI
48105; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The Renewable Fuel Standard (RFS) program began in 2006 pursuant to
the requirements in Clean Air Act (CAA) section 211(o) that were added
through the Energy Policy Act of 2005 (EPAct). The statutory
requirements for the RFS program were subsequently modified through the
Energy Independence and Security Act of 2007 (EISA), leading to the
publication of major revisions to the regulatory requirements on March
26, 2010.\1\ EISA's stated goals include moving the United States
(U.S.) toward ``greater energy independence and security [and]
increas[ing] the production of clean renewable fuels.'' \2\
---------------------------------------------------------------------------

    \1\ 75 FR 14670, March 26, 2010.
    \2\ Pub. L. 110-140, 121 Stat. 1492 (2007) (``EISA'').
---------------------------------------------------------------------------

    The statute includes annual volume targets and requires EPA to
translate those volume targets (or alternative volume requirements
established by EPA in accordance with statutory waiver authorities)
into compliance obligations that obligated parties must meet every
year. EPA promulgated a rulemaking establishing the RFS volume
obligations for 2019 that was published in the Federal Register on
December 11, 2018.\3\ EPA promulgated a rulemaking establishing the RFS
volume obligations for 2020 that was published in the Federal Register
on February 6, 2020.\4\ In those rulemakings, EPA waived the statutory
volumes for cellulosic biofuel, advanced biofuel, and total renewable
fuel utilizing EPA's cellulosic waiver authority; determined the
biomass-based diesel volume for the subsequent year; and established
annual percentage standards for obligated parties. Under the RFS
program, obligated parties, typically gasoline or diesel refiners or
importers, are required to meet annual percentage standards to be in
compliance.
---------------------------------------------------------------------------

    \3\ 83 FR 63704.
    \4\ 85 FR 7016.
---------------------------------------------------------------------------

    Section 211(o)(7)(A) of the CAA provides the Administrator the
discretion to waive the national quantity of renewable fuel required
under the RFS program, in whole or in part, upon petition by one or
more States, or by any party subject to the requirements of the RFS
program. The Administrator may also waive the volume requirements on
his own motion. The Administrator may do so only after consultation
with the Secretary of Agriculture and the Secretary of Energy, and
after public notice and opportunity for comment. A waiver may be issued
if the Administrator determines that implementation of the RFS volume
requirement would severely harm the economy or environment of a State,
region, or the United States, or that there is an inadequate domestic
supply. EPA has previously interpreted this waiver authority in prior
denials of requests for a waiver of the RFS volume requirements \5\ and
in annual rulemakings.\6\
---------------------------------------------------------------------------

    \5\ See 73 FR 47168 (August 13, 2008) and 77 FR 70752 (November
27, 2012).
    \6\ See, e.g., Renewable Fuel Standard Program--Standards for
2020 and Biomass-Based Diesel Volume for 2021 and Other Changes:
Response to Comments, EPA-420-R-19-018; see also American Fuel &
Petrochemical Manufacturers v. EPA, 937 F.3d 559, 580 (D.C. Cir.
2019) (upholding EPA's interpretation of the severe economic harm
waiver authority in the 2018 RFS rulemaking).
---------------------------------------------------------------------------

II. Petitions Before the Agency

    Last year EPA received several petitions from a group of small
refineries and several states seeking a waiver under CAA section
211(o)(7)(A) on the basis of severe economic harm. These petitions are
described below.
    A group of small refineries submitted a petition to the
Administrator, dated March 30, 2020, requesting a waiver of the 2019
and 2020 RFS obligations. These parties seek a waiver of their
individual renewable volume obligations (RVOs). They argue that EPA
must grant the waiver under CAA section 211(o)(7)(A) to avoid severe
economic harm to the States and regions in which they operate. The
petition argues that the harm to their individual small refineries is
caused by the coronavirus pandemic and the ensuing drop in
transportation fuel demand; the court decision in Renewable Fuels
Association v. EPA, 948 F.3d 1206, (10th Cir. 2020) (RFA), if the
decision is implemented nationwide; and a rise in RIN prices. The
petition also puts forth a new legal interpretation allowing EPA to
waive individual obligations under the general waiver authority; EPA's
prior interpretations of the general waiver authority only allowed a
reduction in the nationwide volume requirements. EPA also received a
petition from a single small refinery, dated December 30, 2020,
requesting a waiver of its 2019 and 2020 RFS obligations. This petition
provided similar justifications as the above described petition.
    Subsequently, several Governors submitted three separate petitions
under CAA section 211(o)(7)(A) on the basis of severe economic harm.
These petitions ask EPA to lower the nationwide renewable volume
obligations. They argue that reduced gasoline and diesel demand due to
the coronavirus pandemic has harmed refiners, and that the 2020 RFS
volume requirements are and will continue to inflict further harm on
these parties. Specifically, the Governor of Louisiana submitted a
petition to the Administrator, dated April 7, 2020, seeking a waiver of
the RFS obligations by an amount commensurate with the current
projected shortfall in national gasoline and diesel consumption. The
Governors of Oklahoma, Texas, Utah, and Wyoming submitted a single
similar petition, dated April 15, 2020; unlike

the Louisiana petition, this petition does not specify the volume that
should be waived.
    Finally, the Governor of Pennsylvania submitted a similar petition
on May 11, 2020, seeking a waiver of the RFS volume requirements. The
Pennsylvania petition alleges that increasing annual RFS volume
obligations severely harmed Pennsylvania and the East Coast region, and
that such harm was compounded both by the Tenth Circuit's RFA decision,
and the coronavirus pandemic and ensuing fall in gasoline and diesel
demand.
    Several organizations and individuals, including the environmental
group National Wildlife Federation (NWF), and Members of Congress, have
submitted letters expressing support for the granting of a waiver.
Other organizations and individuals, including the Renewable Fuels
Association and various mayors, have submitted letters expressing
opposition to the granting of a waiver. These petitions and related
letters are available in the docket for this action. Should we receive
additional petitions and letters, we will also add those petitions and
letters to the docket and consider them together with requests already
received. We encourage commenters to carefully review both the
petitions and the letters in the docket in formulating their comments.
    EPA is seeking comment on the above-described petitions and the
discrete issues the petitions raise, including:
     In general, whether the petitioners have satisfied the
criteria for granting a waiver that EPA previously set forth and/or
whether EPA should modify those criteria as requested by the
petitioners; \7\
---------------------------------------------------------------------------

    \7\ See 73 FR 47168 (August 13, 2008) and 77 FR 70752 (November
27, 2012).
---------------------------------------------------------------------------

     Whether the petitioners have demonstrated severe economic
harm to a State, a region, or the United States;
     Whether the petitioners have demonstrated a sufficient
causal nexus between the RFS volume requirements and such harm
(including whether that nexus is actual causation, significant
contribution, or some other relationship);
     Whether the petitioners have accurately assessed the
impacts of a waiver on other directly and indirectly affected persons
(including but not limited to biofuel producers, farmers, consumers of
transportation fuel, and any affected petroleum refiners and
importers), and how such impacts should affect EPA's decision on the
petitions;
     Whether, as requested by the petition from the group of
small refineries, EPA may target relief to certain refineries under the
general waiver authority; and
     Ultimately, whether EPA should exercise the general waiver
authority in response to any of the petitions. If the commenter
believes EPA should waive volumes, we ask that the commenter identify
the specific obligation that should be waived (e.g., the 2019 or 2020
RFS volume obligations), the amount of the waiver, and any other
details of the remedy desired.
    We strongly encourage commenters to include data, specific
supporting examples, and technical analysis, to the extent feasible.
    EPA also received a letter from the National Wildlife Federation
suggesting that relief could be granted on the basis of severe
environmental harm. The NWF letter suggests there is evidence of
environmental harm due to land conversion to cropland resulting in
habitat loss and climate change, agricultural runoff and resulting
water quality impacts, an increase in water use to irrigate crop
fields, and increasing smog and corresponding impacts on air quality
due to increasing ethanol content in gasoline. We also solicit comment
on the discrete issues raised by this letter and whether the evidence
presented in the letter would support a waiver on the basis of severe
environmental harm.
    EPA is publishing and seeking comment on these petitions to foster
public dialogue on these issues and to inform our future decision-
making. At this time, we are not reconsidering or otherwise reexamining
the 2019 or 2020 RFS rulemakings or any other prior action,\8\ or
soliciting comment on any issues beyond those specifically raised by
the petitions and the NWF letter in support.\9\ We are also not
proposing to either grant or to deny any of the petitions.
---------------------------------------------------------------------------

    \8\ See Nat'l Mining Ass'n v. United States Dep't of the
Interior, 70 F.3d 1345, 1351 (D.C. Cir. 1995) (``The decision to
publish a petition for rulemaking . . . is not evidence of a
reexamination of the policy at issue in the petition.''); P & V
Enterprises v. U.S. Army Corps of Engineers, 516 F.3d 1021, 1026
(D.C. Cir. 2008) (``an agency must be able to initiate a public
dialogue without inadvertently reopening established precedent, or
its communications with the public would be unnecessarily
stifled'').
    \9\ For example, we are not soliciting comment on EPA's small
refinery exemption policy, the point of obligation, the generation
of RINs for exported fuel, or any other issue beyond those discrete
issues raised by the petitions and the NWF letter.

    Dated: January 7, 2021.
Anne L. Austin,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2021-01017 Filed 1-15-21; 8:45 am]
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THE FOLLOWING HAS BEEN REMOVED BECAUSE IT CONTAINS CONFIDENTIAL BUSINESS INFORMATION (CBI) PER

40 CFR PART 2, SUBPART B.


[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37953-37956]
[FR Doc No: 2014-15707]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0476]
RIN 1625-AA00

Safety Zone; Summer Fireworks Displays in the Captain of the Port
Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing three temporary safety zones
on waterways in the Captain of the Port Lake Michigan Zone. These
safety zones are intended to restrict vessels from a portion of the
waterways due to fireworks displays. The temporary safety zones
established by this rule are necessary to protect the surrounding
public and vessels from the hazards associated with the fireworks
displays.

DATES: This rule is effective from July 5, 2014, until 11 p.m. August
2, 2014. This rule will be enforced on July 5, 2014, and August 2,
2014, at times specified in Sec.  165.T09-0476.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0476. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click

``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for the three
displays within this rule were not known to the Coast Guard until there
was insufficient time remaining before the displays to publish an NPRM.
Thus, delaying the effective date of this rule to wait for a comment
period to run would be both impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
vessels from the hazards associated with three fireworks displays,
which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas under 33
U.S.C. 1231, 33 CFR 1.05-1, and Department of Homeland Security
Delegation No. 0170.1.
    On July 5, 2014, between 9:30 p.m. and 10:45 p.m. the Coast Guard
anticipates that fireworks will be fired from a barge on Spring Lake in
the vicinity of Jerusalem Bayou as part of a private party wedding
ceremony near Spring Lake, Michigan. A second fireworks display is
anticipated on July 5, 2014. Between 10 p.m. and 11:30 p.m. on that
day, the Coast Guard anticipates that fireworks will be fired as part
of the ``Salute the Troops'' Festival on Muskegon Lake in Muskegon,
Michigan. Lastly, on August 2, 2014 between 9 p.m. and 11 p.m., the
Coast Guard anticipates that a fireworks display will be fired from a
barge on the waters of Sturgeon Bay as part of the ``Venetian Night''
event in Sturgeon Bay, Wisconsin. The Captain of the Port, Lake
Michigan, has determined that these fireworks displays will pose a
significant risk to public safety and property. Hazards presented by
these displays include falling and/or flaming debris, and collisions
among transiting or spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that 3 temporary safety zones are
necessary to ensure the safety of persons and vessels during the
aforementioned fireworks displays on and around Lake Michigan. As such,
the following safety zones will be established for the listed events:

1. Private Party Fireworks; Spring Lake, MI

    The safety zone will encompass all waters of Spring Lake in Spring
Lake, Michigan, in the vicinity of Jerusalem Bayou, within the arc of a
circle with a 500-foot radius from the fireworks launch site located on
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W.
(NAD 83). This zone will be enforced from 9:30 p.m. until 10:45 p.m. on
July 5, 2014.

2. Salute the Troops Fireworks; Muskegon, MI

    The safety zone will encompass all waters of Muskegon Lake, in the
vicinity of Lafarge Corporation, within the arc of a circle with a
1000-foot radius from a fireworks launch site in approximate position
43[deg]14'00'' N, 086[deg]15'50'' W. (NAD 83). This zone will be
enforced from 10 p.m. until 11:30 p.m. on July 5, 2014.

 3. Venetian Night Fireworks; Sturgeon Bay, WI

    The safety zone will encompass all waters of Sturgeon Bay, in the
vicinity of Sturgeon Bay Yacht Harbor, within the arc of a circle with
a 800-foot radius from the fireworks launch site located on a barge in
approximate position 44[deg]49'41'' N, 087[deg]22'20'' W. (NAD 83).
This zone will be enforced from 9 p.m. until 11 p.m. on August 2, 2014.
    Entry into, transiting, or anchoring within these safety zones is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or her designated on-scene representative. The Captain of the Port or
her designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zones created by this rule will be relatively small and enforced
for only a short time on the indicated day. Under certain conditions,
moreover, vessels may still transit through the safety zones when
permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will

not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in the affected portion of the waters to which
each safety zone applies during the time in which each safety zone is
enforced.
    These safety zones will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of these zones, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of safety zones and
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0476 to read as follows:

Sec.  165.T09-0476  Safety Zone; Summer Fireworks Displays in the
Captain of the Port Lake Michigan Zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) Private Party Fireworks; Spring Lake, MI. All waters of Spring
Lake in Spring Lake, Michigan, in the vicinity of Jerusalem Bayou,
within the arc of a

circle with a 500-foot radius from the fireworks launch site located on
a barge in approximate position 43[deg]06'39'' N, 086[deg]10'56'' W.
(NAD 83); 9:30 p.m. until 10:45 p.m. on July 5, 2014.
    (2) Salute the Troops Fireworks; Muskegon, MI. All waters of
Muskegon Lake, in the vicinity of Lafarge Corporation, within the arc
of a circle with a 1000-foot radius from a fireworks launch site
located in approximate position 43[deg]14'00'' N, 086[deg]15'50'' W.
(NAD 83); 10 p.m. until 11:30 p.m. on July 5, 2014.
    (3) Venetian Night Fireworks; Sturgeon Bay, WI. All waters of
Sturgeon Bay, in the vicinity of Sturgeon Bay Yacht Harbor, within the
arc of a circle with a 800-foot radius from the fireworks launch site
located on a barge in approximate position 44[deg]49'41'' N,
087[deg]22'20'' W. (NAD 83); 9 p.m. until 11 p.m. on August 2, 2014.
    (b) Effective and enforcement period. This section is effective
from July 5, 2014 until 11 p.m. on August 2, 2014. This section will be
enforced at the times specified in paragraph (a) of this section.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within these safety
zones is prohibited unless authorized by the Captain of the Port, Lake
Michigan or his or her designated on-scene representative.
    (2) These safety zones are closed to all vessel traffic, except as
may be permitted by the Captain of the Port, Lake Michigan or his or
her designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan is any Coast Guard commissioned, warrant or petty officer
who has been designated by the Captain of the Port, Lake Michigan, to
act on his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zones must contact the Captain of the Port, Lake Michigan, or his or
her on-scene representative to obtain permission to do so. The Captain
of the Port, Lake Michigan, or his or her on-scene representative may
be contacted via VHF Channel 16.

    Dated: June 18, 2014.
A.B. Cocanaour,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2014-15707 Filed 7-2-14; 8:45 am]
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