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Notice of Receipt of a Request From the State of Texas for a Waiver of a Portion of the Renewable Fuel Standard 

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[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29753-29755]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-44]

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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0380; FRL-8569-5]

Notice of Receipt of a Request From the State of Texas for a
Waiver of a Portion of the Renewable Fuel Standard

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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SUMMARY: In accordance with section 211(o)(7) of the Clean Air Act (the
Act), 42 U.S.C. 7545(o)(7), EPA is issuing a notice of receipt of a
request for a waiver of 50 percent of the renewable fuel standard (RFS)
``mandate for the production of ethanol derived from grain.'' The
request has been made by the Governor of the State of Texas. Section
211(o)(7)(A) of the Act allows the Administrator of the EPA to grant
the waiver if implementation of the national RFS requirements would
severely harm the economy or environment of a state, a region, or the
United States, or if EPA determines that there is inadequate domestic
supply of renewable fuel. EPA is required by the Act to provide public
notice and

[[Page 29754]]

opportunity for comment on this request.

DATES: Comments. Written comments must be received on or before June
23, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0380, by one of the following methods:
    • http://www.regulations.gov: Follow the on-line instructions
for submitting comments.
    • E-mail: a-and-r-docket@epa.gov.
    • Fax: (202) 566-1741.
    • Mail: Air and Radiation Docket, Docket ID No. EPA-HQ-OAR-
2008-0380, Environmental Protection Agency, Mailcode: 6102T, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total
of two copies.
    • Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20460. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0380. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at 
http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of
Transportation and Air Quality, Mailcode: 6406J, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 343-9303; fax number: (202) 343-2802; e-mail
address: caldwell.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

(A) How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0380, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the EPA/DC Docket
Center Public Reading Room, 1301 Constitution Avenue, NW., Room 3334,
Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is 202-566-1744, and the
telephone number for the Air and Radiation Docket is 202-566-1742.
    Use http://www.regulations.gov to obtain a copy of the waiver
request, submit or view public comments, access the index listing of
the contents of the docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified in this document.

(B) What Information Is EPA Particularly Interested In?

    On April 25, 2008, the Governor of Texas submitted a request to the
Administrator under section 211(o) of the Act for a waiver of 50
percent of the RFS ``mandate for the production of ethanol derived from
grain.'' The request includes statements regarding the economic impact
of higher corn prices in Texas. This request has been placed in the
public docket.
    Pursuant to section 211(o)(7) of the Act, EPA specifically solicits
comments and information to enable the Administrator to determine if
the statutory basis for a waiver of the national RFS requirements has
been met and, if so, the extent to which EPA should exercise its
discretion to grant a waiver. Section 211(o)(7) of the Act allows the
Administrator, in consultation with the Secretary of Agriculture and
the Secretary of Energy, to waive the requirements of the national RFS
at 40 CFR 80.1105, in whole or in part, upon petition by one or more
States. A waiver may be granted if the Administrator determines, after
public notice and an opportunity for public comment, that
implementation of the RFS requirements would severely harm the economy
or environment of a state, a region, or the United States; or that
there is an inadequate domestic supply of renewable fuel. The
Administrator, in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove a State petition
for a waiver within 90 days of receiving it. If a waiver is granted, it
can last no longer than one year unless it is renewed by the
Administrator after consultation with the Secretary of Agriculture and
the Secretary of Energy. The RFS for 2008 was published in the Federal
Register on February 14, 2008 (73 FR 8665) and was intended to lead to
the use of nine (9) billion gallons of renewable fuel in 2008.
    EPA requests comment on any matter that might be relevant to EPA's
action on the petition, specifically including (but not limited to)
information that will enable EPA to:
    (a) Evaluate whether compliance with the RFS is causing severe harm
to the economy of the State of Texas;
    (b) evaluate whether the relief requested will remedy the harm;
    (c) determine to what extent, if any, a waiver approval would
change demand for ethanol and affect corn or feed prices; and
    (d) determine the date on which a waiver should commence and end if
it were granted.
    In addition to inviting comments on the above issues, EPA
recognizes that it has discretion in deciding whether to grant a
waiver, as the statute provides that ``[t]he Administrator * * * may
waive the requirements of [section 211(o)(2)] in whole or in part''
(emphasis supplied) if EPA determines that the severe harm criteria has
been met. EPA also recognizes that a waiver would involve reducing the
national volume requirements under section 211(o)(2), which would have
effects in areas of the country other than Texas, including areas that
may be positively impacted by the RFS requirements. Given this, EPA
invites comment on all issues relevant to deciding whether and how to
exercise its discretion under this provision, including but not limited
to the impact of a waiver on other regions or parts of the economy, on the
environment, on the goals of the renewable fuel program, on appropriate
mechanisms to implement a waiver if a waiver were determined to be

[[Page 29755]]

appropriate, and any other matters considered relevant to EPA's
exercise of discretion under this provision.
    Commenters should include data or specific examples in support of
their comments in order to aid the Administrator in determining whether
to grant or deny the waiver. Data that shows a quantitative link
between the use of corn for ethanol and corn prices, and on the impact
of the RFS mandate on the amount of ethanol produced, would be
especially helpful.

    Dated: May 16, 2008.
Robert J. Meyers,
Principal Deputy Assistant Administrator, Office of Air and Radiation.
[FR Doc. E8-11486 Filed 5-21-08; 8:45 am]
BILLING CODE 6560-50-P

 
 

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