Regulatory Updates
Below are recent and upcoming regulations that may impact your business:
For questions or assistance, contact Kristian Witt, Director of Environmental Services, at 215-699-4800, ext. 108. or email kwitt@complianceplace.com.
Title:
Protection of Stratospheric Ozone: acceptability Determination 26 for Significant New Alternatives Policy Program
Citation:
Final Rule for 40 CFR Part 82
Reference:
10/04/2011 76 FR 61269-61279 (Vol. 76, No. 192)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
This Determination of Acceptability expands the list of acceptable substitutes for ozone-depleting substances under the U.S. Environmental Protection Agency's (EPA) Significant New Alternatives Policy (SNAP) program. The determinations concern new substitutes for use in the refrigeration and air conditioning, solvent cleaning and fire suppression sectors.
Title:
Extension of Public Comment Period: Mandatory Reporting of Greenhouse Gases: Technical Revisions to the Electronics Manufacturing and the Petroleum and Natural Gas Systems Categories of the …
Citation:
Proposed Rule for 40 CFR Part 98
Reference:
10/04/2011 76 FR 61293-61294 (Vol. 76, No. 192)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
On September 9, 2011, EPA published a proposed action, Mandatory Reporting of Greenhouse Gases: Technical Revisions to the Electronics Manufacturing and the Petroleum and Natural Gas Systems Categories of the Greenhouse Gas Reporting Rule. In this action, EPA is extending the comment period for that action until October 24, 2011.
Title:
Mandatory Reporting of Greenhouse Gases: Petroleum and Natural Gas Systems: Revisions to Best Available Monitoring Method Provisions
Citation:
Final Rule for 40 CFR Part 98
Reference:
09/27/2011 76 FR 59533-59542 (Vol. 76, No. 187)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is finalizing amendments to certain provisions related to the use of best available monitoring methods for the Petroleum and Natural Gas Systems source category of the Greenhouse Gas Reporting Rule. Specifically, EPA is extending the time period during which owners and operators of facilities would be permitted to use best available monitoring methods in 2011, without submitting a request to the Administrator for approval. EPA is also expanding the list of types of emissions sources for which owners and operators are not required to submit a request to the Administrator to use best available monitoring methods during 2011 and extending the deadline by which owners and operators of facilities can request use of best available monitoring methods for beyond 2011.
Title:
Mandatory Reporting of Greenhouse Gases: Changes to Provisions for Electronics Manufacturing To Provide Flexibility
Citation:
Final Rule for 40 CFR Part 98
Reference:
09/27/2011 76 FR 59542-59551 (Vol. 76, No. 187)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is issuing a regulation to amend the calculation and monitoring provisions in the Electronics Manufacturing portion of the Greenhouse Gas Reporting Rule for the "largest" semiconductor manufacturing facilities (i.e., those that fabricate devices on wafers measuring 300 millimeters or less in diameter and that have an annual manufacturing capacity of greater than 10,500 square meters). More specifically, for reporting years 2011, 2012, and 2013, these amendments allow the largest semiconductor facilities the option to calculate emissions using default emission factors already contained in the regulations, instead of recipe-specific utilization and by-product formation rates for the plasma etching process type. In addition, this action extends two deadlines in the provisions related to the use of best available monitoring methods.
Title:
Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews; Extension of Comment Period Closing Date
Citation:
Proposed Rule for 40 CFR Part 60, 40 CFR Part 63
Reference:
10/28/2011 76 FR 66886-66887 (Vol. 76, No. 209)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
The EPA is announcing that the period for providing public comments on the August 23, 2011 proposed rule titled, "Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews," is being extended to November 30, 2011.
Title:
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Adhesives and Sealants Rule
Citation:
Proposed Rule for 40 CFR Part 52
Reference:
09/23/2011 76 FR 59087-59089 (Vol. 76, No. 185)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is proposing to approve State Implementation Plan (SIP) revision submitted by the State of Delaware. The SIP revision adds section 4.0, under Regulation 1141, relating to the control of emissions of volatile organic compounds (VOC) from the manufacture, sale, use, or application of adhesives, sealants, primers, and solvents. This action is being taken under the Clean Air Act (CAA).
Title:
Approval and Promulgation of Air Quality Implementation Plans; Delaware; Amendments to the Control of Volatile Organic Compound Emissions From Offset Lithographic Printing and Letterpress Printing
Citation:
Proposed Rule for 40 CFR Part 52
Reference:
09/23/2011 76 FR 59089-59090 (Vol. 76, No. 185)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Delaware. This SIP revision amends the control of volatile organic compound (VOC) emissions from offset lithographic printing and letterpress printing. This action is being taken under the Clean Air Act (CAA).
New Jersey Regulations
Title 7 - Environmental Protection
Title
26E - Technical Requirements for Site Remediation
Action
Updated 10/06/2011
New York Regulations
Title 6 - Department of Environmental Conservation
Chapter III - Air Resources
Title
200 - General Provisions
Action
Updated 10/06/2011
Title:
Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities
Citation:
Proposed Rule for 40 CFR Part 257, 40 CFR Part 261, 40 CFR Part 264, 40 CFR Part 265, 40 CFR Part 268, 40 CFR Part 271, 40 CFR Part 302
Reference:
10/12/2011 76 FR 63252-63257 (Vol. 76, No. 197)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
This Notice announces and invites comment on additional information obtained by the Environmental Protection Agency (Agency or EPA) in conjunction with the proposed rule: Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities that was published in the Federal Register on June 21, 2010 (75 FR 35127). This information is generally categorized as: Chemical constituent data from coal combustion residuals (CCRs); Facility and waste management unit data; Information on additional alleged damage cases; Adequacy of State programs; and Beneficial Use. In addition, EPA is considering a variety of possible approaches to update and enhance the risk assessment and the regulatory impact analysis (RIA) supporting the development of the final rule. EPA is specifically soliciting comments on the validity and propriety of the use of all new information, data, and potential analyses being noticed today. The Agency is only requesting comment on the information either specifically identified in this Notice or located in the docket for this Notice and is not reopening any other aspect of the proposal or the underlying support documents that were previously available for comment. Comments submitted on any issues other than those specifically identified in this Notice will be considered "late comments," and EPA will not respond to such comments, nor will they be considered part of the rulemaking record.
Title:
Revisions to Federal Implementation Plans To Reduce Interstate Transport of Fine Particulate Matter and Ozone
Citation:
Proposed Rule for 40 CFR Part 52, 40 CFR Part 97
Reference:
10/12/2011 76 FR 63251-63252 (Vol. 76, No. 197)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is announcing that a public hearing will be held on October 28, 2011, for the proposed rule, "Revisions to the Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone", which was signed on October 6, 2011 and posted on EPA's website on October 6, 2011. The hearing will be held, as provided in this notice and in the proposed rule, if requested, and will take place in Washington, DC.
Title:
Notification of Employee Rights Under the National Labor Relations Act
Citation:
Final Rule for 29 CFR Part 104
Reference:
10/12/2011 76 FR 63188 (Vol. 76, No. 197)
Issuer:
DEPARTMENT OF LABOR / National Labor Relations Board
Condition
Met:
#1 (Articles about CFR Title 29)
Summary:
On August 30, 2011, the National Labor Relations Board (Board) published a final rule requiring employers, including labor organizations in their capacity as employers, subject to the National Labor Relations Act (NLRA) to post notices informing their employees of their rights as employees under the NLRA. The Board hereby amends that rule to change the effective date from November 14, 2011, to January 31, 2012. The purpose of this delay is to allow for enhanced education and outreach to employers.
Title:
Notice of Final 2010 Effluent Guidelines Program Plan
Citation:
Notice
Reference:
10/26/2011 76 FR 66286-66304 (Vol. 76, No. 207)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
This notice presents the final 2010 Effluent Guidelines Program Plan("final 2010 Plan"), which, as required under the Clean Water Act (CWA), identifies any new or existing industrial dischargers, both those discharging directly to surface waters and those discharging to publicly owned treatment works (POTWs), selected for effluent guidelines rulemaking and provides a schedule for such rulemakings. CWA section 304(m) requires EPA to biennially publish such a plan after public notice and comment. The Agency published the preliminary 2010 Plan on December 28, 2009 (74 FR 68599) and solicited comments from the public for 60 days.
After considering rulemakings already in development, the 2010 reviews, the preliminary Plan and public comments and input to determine what, if any, new rulemakings should be initiated, EPA has decided to develop effluent guidelines and standards for the discharge of wastewater from the Coalbed Methane Extraction (CBM) industry and will develop pretreatments requirements for discharges of mercury from the Dental industry, and for the discharges of wastewater from the Shale Gas Extraction (SGE) industry.
EPA is also issuing the detailed study report for the Coalbed Methane Extraction and the preliminary study report of the Ore Mining and Dressing industry.
This notice also solicits public comments on EPA's 2011 reviews pursuant to the authority of CWA sections 304(b), 304(g), 301(d) and 307(b).
Title:
Hydrogen Sulfide; Community Right-to-Know Toxic Chemical Release Reporting
Citation:
Final Rule for 40 CFR Part 372
Reference:
10/17/2011 76 FR 64022-64038 (Vol. 76, No. 200)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is announcing that it is lifting the Administrative Stay of the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313 toxic chemical release reporting requirements for hydrogen sulfide (Chemical Abstracts Service Number (CAS No.) 7783-06-4). Hydrogen sulfide was added to the EPCRA section 313 list of toxic chemicals in a final rule published in the Federal Register on December 1, 1993. However, on August 22, 1994, EPA issued an Administrative Stay of the reporting requirements for hydrogen sulfide in order to evaluate issues brought to the Agency's attention after promulgation of the final rule concerning the human health effect basis for the listing and the Agency's use of exposure analysis in EPCRA section 313 listing decisions. Although the final rule listing hydrogen sulfide under section 313 of EPCRA remained in force, the stay deferred the reporting requirements for hydrogen sulfide while EPA completed this further evaluation. EPA completed its further evaluation of additional information that has become available since the stay was put in place regarding the human health and environmental effects of hydrogen sulfide, and the Agency published a position that the stay should be lifted in the February 26, 2010, Federal Register document "Intent to Consider Lifting Administrative Stay; Opportunity for Public Comment." Based on EPA's further evaluation and the consideration of the public comments received on the notice of intent, EPA continues to believe that the Administrative Stay should be lifted. By this current action, EPA is not revisiting the original listing decision, which was accomplished by final rule on December 1, 1993. Rather, EPA is lifting the Administrative Stay of the reporting requirements for hydrogen sulfide.
Title:
Air Quality: Revision to Definition of Volatile Organic Compounds-Exclusion of trans-1,3,3,3-tetrafluoropropene and 2,3,3,3-tetrafluoropropene
Citation:
Proposed Rule for 40 CFR Part 51
Reference:
10/17/2011 76 FR 64059-64065 (Vol. 76, No. 200)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
The EPA is proposing to revise the agency's definition of volatile organic compounds (VOCs) for purposes of preparing state implementation plans (SIPs) to attain the national ambient air quality standards (NAAQS) for ozone under Title I of the Clean Air Act (CAA). This proposed revision would add 2,3,3,3-tetrafluoropropene (also known as HFO-1234yf) and trans-1,3,3,3-tetrafluoropropene (also known as HFO-1234ze) to the list of compounds excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation.
Title:
Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews; Correction of Comment Period Closing Date
Citation:
Proposed Rule for 40 CFR Part 60, 40 CFR Part 63
Reference:
10/20/2011 76 FR 65138-65139 (Vol. 76, No. 203)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
The EPA is announcing that the period for providing public comments on the August 23, 2011, "Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews," closes on October 31, 2011. This notice does not address the requests the EPA has received for extending this period.
Title:
Protection of Stratospheric Ozone: The 2012 Critical Use Exemption From the Phaseout of Methyl Bromide
Citation:
Proposed Rule for 40 CFR Part 82
Reference:
10/20/2011 76 FR 65139-65153 (Vol. 76, No. 203)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
EPA is proposing uses that qualify for the 2012 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing pre-phaseout inventory for those uses in 2012. EPA is taking action under the authority of the Clean Air Act to reflect a recent consensus decision taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the Twenty-Second Meeting of the Parties. EPA is seeking comment on the list of critical uses and on EPA's determination of the amounts of methyl bromide needed to satisfy those uses. || www.epa.gov/ozone/strathome.html. Persons interested in attending a public hearing should consult with the contact person below regarding the location and time of the hearing.
Title:
Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles
Citation:
Final Rule for 49 CFR Part 523, 49 CFR Part 535
Reference:
10/25/2011 76 FR 65971 (Vol. 76, No. 206)
Issuer:
DEPARTMENT OF TRANSPORTATION / National Highway Traffic Safety Administration
Condition
Met:
#3 (Articles about CFR Title 49)
Summary:
This document contains corrections to the final rule regulations (49 CFR parts 523 and 535), which were published in the Federal Register of Thursday, September 15, 2011 (76 FR 57106). The regulations established fuel efficiency standards for medium- and heavy-duty engines and vehicles, as prescribed under the Energy Independence and Security Act (49 U.S.C. 32902(k)(2)).
Title:
Proposed Settlement Agreement
Citation:
Notice
Reference:
11/02/2011 76 FR 67728-67729 (Vol. 76, No. 212)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
In accordance with section 113(g) of the Clean Air Act, as amended ("Act"), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to address a lawsuit filed by the Engine Manufacturers Association, in the United States Court of Appeals for the District of Columbia Circuit: Engine Manufacturers Association v. EPA, No. 10-1331 (DC Cir.). Petitioners filed a petition for review of an EPA rule that revised the National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (the RICE NESHAP). Under the terms of the proposed settlement agreement, EPA anticipates that, by June 15, 2012, the Agency will sign a notice of proposed rulemaking that includes a proposal to revise the RICE NESHAP to allow owners and operators of spark-ignition 4-stroke rich burn engines that meet an emission standard requiring a 76 percent or greater reduction of the pollutant formaldehyde, to prove compliance with the standard based on approved testing that shows at least a thirty percent reduction in total hydrocarbons and that, by March 14, 2013, the Administrator of EPA will sign a final action on this proposal, which may include signature of a final rule by the Administrator. If EPA promulgates in final form an amendment to the RICE NESHAP that includes changes that are substantially the same substance as that set forth in the settlement agreement, then EMA shall promptly file a stipulation of dismissal of No. 10-1331.
Title:
National Emission Standards for Hazardous Air Pollutant Emissions for Shipbuilding and Ship Repair (Surface Coating); National Emission Standards for Wood Furniture Manufacturing Operations
Citation:
Final Rule for 40 CFR Part 63
Reference:
11/21/2011 76 FR 72050-72075 (Vol. 76, No. 224)
Issuer:
ENVIRONMENTAL PROTECTION AGENCY
Condition
Met:
#2 (Articles about CFR Title 40)
Summary:
This action finalizes the residual risk and technology review conducted for two industrial source categories regulated by separate national emission standards for hazardous air pollutants. The two national emission standards for hazardous air pollutants are: National Emissions Standards for Shipbuilding and Ship Repair (Surface Coating) and National Emissions Standards for Wood Furniture Manufacturing Operations. This action also finalizes revisions to the regulatory provisions related to emissions during periods of startup, shutdown and malfunction.
Title: National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; Pesticide Active Ingredient Production; and Polyether Polyols Production
Citation: Proposed Rule for 40 CFR Part 63
Reference: 01/09/2012 77 FR 1268-1318 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary: The EPA is proposing amendments to three national emission standards for hazardous air pollutants (NESHAP): National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; NESHAP for Pesticide Active Ingredient Production; and NESHAP for Polyether Polyols Production. For all three of these NESHAP rules, the EPA is proposing decisions concerning the following: residual risk reviews; technology reviews; emissions during periods of startup, shutdown and malfunction; standards for previously unregulated hazardous air pollutant emissions; and electronic reporting of performance test results.
Title: Approval and Promulgation of State Implementation Plans; State of Colorado; Interstate Transport of Pollution Revisions for the 1997 PM2.5 and 8-Hour Ozone NAAQS: "Significant Contribution," ...
Citation: Final Rule for 40 CFR Part 52
Reference: 01/09/2012 77 FR 1027-1039 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary EPA is approving portions of a State Implementation Plan (SIP) revision submitted by the State of Colorado for the purpose of addressing the "good neighbor" provisions of Clean Air Act ("Act" or "CAA") section 110(a)(2)(D)(i) for the 1997 8-hour ozone National Ambient Air Quality Standards ("NAAQS" or "standards") and the 1997 fine particulate matter ("PM2.5") NAAQS. This SIP revision addresses the requirement that the State of Colorado's SIP ("Interstate Transport SIP") have adequate provisions to prohibit air emissions from adversely affecting another state's air quality through interstate transport. In this action, EPA is approving the Colorado Interstate Transport SIP provisions that address the requirement of section 110(a)(2)(D)(i) that emissions from Colorado sources do not significantly contribute to nonattainment of the 1997 PM2.5 NAAQS in any other state, interfere with maintenance of the 1997 PM2.5 NAAQS by any other state, or interfere with any other state's required measures to prevent significant deterioration of air quality for the 1997 PM2.5 and 8-hour ozone NAAQS. EPA is also approving certain revisions to Colorado Regulation No. 3 submitted by the State of Colorado in separate prior submissions. This action is being taken under section 110 of the CAA.
Title: Agency Information Collection Activities OMB Responses
Citation: Notice
Reference: 01/09/2012 77 FR 1065-1066 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary: This document announces the Office of Management and Budget (OMB) responses to Agency Clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Title: Secretary's Order 1-2011; Delegation of Authority and Assignment of Responsibilities to the Employee Benefits Security Administration
Citation: Notice
Reference: 01/09/2012 77 FR 1088-1089 (Vol. 77, No. 5)
Issuer: DEPARTMENT OF LABOR / Office of the Secretary
Condition
Met: #1 (Articles about CFR Title 29)
Summary: no summary available
Title: Connecticut Southern Railroad, Inc.-Abandonment Exemption-in Hartford County, CT
Citation: Notice
Reference: 01/09/2012 77 FR 1126-1127 (Vol. 77, No. 5)
Issuer: DEPARTMENT OF TRANSPORTATION / Surface Transportation Board
Condition
Met: #3 (Articles about CFR Title 49)
Summary: no summary available
Title: Revisions to Test Methods and Testing Regulations
Citation: Proposed Rule for 40 CFR Part 51, 40 CFR Part 60, 40 CFR Part 61, 40 CFR Part 63
Reference: 01/09/2012 77 FR 1130-1179 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary: This action proposes editorial and technical corrections necessary for source testing of emissions and operations. The revisions include the addition of alternative equipment and methods as well as corrections to technical and typographical errors. We also solicit public comment on potential changes to the current procedures for determining emission stratification.
Title: National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; Pesticide Active Ingredient Production; and Polyether Polyols Production
Citation: Proposed Rule for 40 CFR Part 63
Reference: 01/09/2012 77 FR 1268-1318 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary: The EPA is proposing amendments to three national emission standards for hazardous air pollutants (NESHAP): National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins; NESHAP for Pesticide Active Ingredient Production; and NESHAP for Polyether Polyols Production. For all three of these NESHAP rules, the EPA is proposing decisions concerning the following: residual risk reviews; technology reviews; emissions during periods of startup, shutdown and malfunction; standards for previously unregulated hazardous air pollutant emissions; and electronic reporting of performance test results.
Title: Regulation of Fuels and Fuel Additives: 2012 Renewable Fuel Standards
Citation: Final Rule for 40 CFR Part 80
Reference: 01/09/2012 77 FR 1320-1358 (Vol. 77, No. 5)
Issuer: ENVIRONMENTAL PROTECTION AGENCY
Condition
Met: #2 (Articles about CFR Title 40)
Summary: Under the Clean Air Act Section 211(o), the Environmental Protection Agency is required to set the renewable fuel standards each November for the following year. In general the standards are designed to ensure that the applicable volumes of renewable fuel specified in the statue are used. However, the statute specifies that EPA is to project the volume of cellulosic biofuel production for the upcoming year and must base the cellulosic biofuel standard on that projected volume if it is less than the applicable volume set forth in the Act. EPA is today finalizing a projected cellulosic biofuel volume for 2012 and annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and renewable fuels that will apply to all gasoline and diesel produced or imported for domestic use in year 2012. In the NPRM we also proposed an applicable volume of 1.28 billion gallons for biomass-based diesel for 2013. The statute specifies that the minimum volume of biomass-based diesel for years 2013 and beyond must be at least 1.0 billion gallons. We are continuing to evaluate the many comments on the NPRM from stakeholders, and will issue a final rule setting the applicable biomass-based diesel volume for calendar year 2013 as expeditiously as practicable. This action also presents a number of changes to the RFS2 regulations that are designed to clarify existing provisions and to address several unique circumstances that have come to light since the RFS2 program became effective on July 1, 2010. Finally, today's rule also makes a minor amendment to the gasoline benzene regulations regarding inclusion of transferred blendstocks in a refinery's early benzene credit generation calculations.


