Regulation of Fuels and Fuel Additives: Renewable Fuel Standard ...

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must provide to the transferee documents identifying the renewable fuel and assigned RINs which include all of the following information as applicable: (1) The name and address of the transferor and transferee. (2) The transferor’s and transferee’s EPA company registration number. (3) The transferor’s and transferee’s EPA facility registration number. (4) The volume of renewable fuel that is being transferred. (5) The location of the renewable fuel at the time of transfer. (6) The date of the transfer. (7) The RINs assigned to the volume of renewable fuel that is being transferred. (b) Except for transfers to truck carriers, retailers or wholesale purchaser-consumers, product codes may be used to convey the information required under paragraphs (a)(1) through (a)(4) of this section if such codes are clearly understood by each transferee. The RIN number required under paragraph (a)(7) of this section must always appear in its entirety. § 80.1154 What are the provisions for renewable fuel producers and importers who produce or import less than 10,000 gallons of renewable fuel per year? (a) Renewable fuel production facilities located within the United States that produce less than 10,000 gallons of renewable fuel each year, and importers who import less than 10,000 gallons of renewable fuel each year, are not required to generate RINs or to assign RINs to batches of renewable fuel. Such producers and importers that do not generate and/or assign RINs to batches of renewable fuel are exempt from the following requirements of subpart K, except as stated in paragraph (b) of this section: (1) The registration requirements of §80.1150: (2) The recordkeeping requirements of §80.1151; and (3) The reporting requirements of §80.1152. (b) Renewable fuel producers and importers who produce or import less than 10,000 gallons of renewable fuel each year and that generate and/or assign RINs to batches of renewable fuel are subject to the provisions of §§ 80.1150-80.1152. §§ 80.1155-80.1159 [Reserved] § 80.1160 What acts are prohibited under the RFS program? (a) Renewable fuels producer or importer violation. Except as provided in §80.1154, no person shall produce or import a renewable fuel that is not assigned the proper RIN value or identified by a RIN number as required under §80.1126. (b) RIN generation and transfer violations. No person shall do any of the following: (1) Improperly generate a RIN (i.e., generate a RIN for which the applicable renewable fuel volume was not produced). (2) Transfer to any person an invalid RIN or a RIN that is not properly identified as required under §80.1125. (c) RIN use violations. No person shall do any of the following: - 228 -
(1) Fail to acquire sufficient RINs, or use invalid RINs, to meet the party’s renewable fuel obligation under §80.1127. (2) Fail to acquire sufficient RINs to meet the party’s renewable fuel obligation under §80.1130. (d) Causing a violation. No person shall cause another person to commit an act in violation of any prohibited act under this section. § 80.1161 Who is liable for violations under the RFS program? (a) Persons liable for violations of prohibited acts. (1) Any person who violates a prohibition under §80.1160(a) through (c) is liable for the violation of that prohibition. (2) Any person who causes another person to violate a prohibition under §80.1160(a) through (c) is liable for a violation of §80.1160(d). (b) Persons liable for failure to meet other provisions of this subpart. (1) Any person who fails to meet a requirement of any provision of this subpart is liable for a violation of that provision. (2) Any person who causes another person to fail to meet a requirement of any provision of this subpart is liable for causing a violation of that provision. (c) Parent corporation liability. Any parent corporation is liable for any violation of this subpart that is committed by any of its subsidiaries. (d) Joint venture liability. Each partner to a joint venture is jointly and severally liable for any violation of this subpart that is committed by the joint venture operation. § 80.1162 [Reserved] § 80.1163 What penalties apply under the RFS program? (a) Any person who is liable for a violation under §80.1161 is subject a to civil penalty of up to $32,500, as specified in sections 205 and 211(d) of the Clean Air Act, for every day of each such violation and the amount of economic benefit or savings resulting from each violation. (b) Any person liable under §80.1161(a) for a violation of §80.1160(c) for failure to meet a renewable fuels obligation or causing another party to fail to meet a renewable fuels obligation during any averaging period, is subject to a separate day of violation for each day in the averaging period. (c) Any person liable under §80.1161(b) for failure to meet, or causing a failure to meet, a requirement of any provision of this subpart is liable for a separate day of violation for each day such a requirement remains unfulfilled. § 80.1164 What are the attest engagement requirements under the RFS program? - 229 -
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The Administrator signed the follow
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Ave., NW, Washington DC. This Docke
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Table of contents: I. Background A.
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C. Requirements for Producers and I
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G. Executive Order 13045: Protectio
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The increased use of renewable fuel
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establish the applicable national v
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Today's proposal outlines the full
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enewable fuel feedstock market pric
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Unlike VOC and NOx, emissions of CO
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These renewable feedstocks are then
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5. Potential Water Quality Impacts
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enewable fuel volume which each par
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certain volume of renewable fuel. E
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est practices would have the option
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As stated, the renewable fuel stand
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enewable fuel volumes in the calcul
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For illustrative purposes, we have
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These credit provisions have meanin
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Stdi = The RFS program standard for
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gasoline. The Act is unclear on whe
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. Ethanol Made From Any Feedstock I
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generate thermal energy used to pro
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animal wastes, including poultry fa
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limit this program solely to a stra
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presence of the denaturant. For ins
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First, doing so could create an inc
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For purposes of this preamble, the
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capability for all of the small ref
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trading program, without any per ga
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obligated parties. However, there i
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particular importance for 2013 and
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have to significantly change their
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The D code would identify cellulosi
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Another case in which a RIN may not
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Section IV. In the context of demon
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equired volumes shown in Table I.B-
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We request comment on the valid lif
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e used for current year compliance.
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equirements by roughly 10 to 30 per
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4. Provisions For Exporters Of Rene
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Previous-year RINs: RINs that came
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a. Responsibilities Of Renewable Fu
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another, in electronic or paper for
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e a one-to-one correspondence betwe
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Parent batch Actual volume (gal) Ba
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should also have the right to separ
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3. Distribution Of Separated RINs O
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obligated parties to exercise marke
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Our proposed program is designed to
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As discussed in Section III.D, it i
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additional enforcement burdens plac
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B. Requirements for Obligated Parti
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fuel and containing identifying inf
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We request comment on our proposed
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We also request comment on our prop
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The refiner or importer would be li
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Plant Feedstock Corn a Table VI.A.1
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Leading the Midwest in ethanol prod
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EPA forecasts ethanol production to
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As shown in Table VI.A.2-1 and Figu
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3. Current Ethanol and MTBE Consump
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Oxygenate Use (Bgal) 4.5 4.0 3.5 3.
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change from the 2004 base case. 53
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per gallon to biodiesel produced fr
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ased on the assumption that the ble
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Modifications to the rail, barge, t
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other waste materials as discussed
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elatively small fraction of the tot
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production costs using prices for s
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the capital cost of making the nece
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information on biodiesel freight co
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For further details on RVP reductio
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assuming only that blending of etha
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costs). At a $70 per barrel crude o
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gasoline use scenarios will cost th
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the incentive to blend in ethanol b
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supporting this rulemaking. We hope
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We base our estimates of fuel quali
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Table VIII.A.1.b-2 Effect of MTBE a
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pre-1998 model year onroad diesel e
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1. Primary Analysis The national em
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Table VIII.B.1-4 Annual Emissions N
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RFG due to the absence of an RVP wa
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increase in ambient ozone levels is
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developing a model of secondary org
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IX. Impacts On Fossil Fuel Consumpt
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intended to help fuel producers est
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Page 179 and 180: combined those displacement indexes
Page 181 and 182: 3. Displacement Indexes (DI) The di
Page 183 and 184: Table IX.C.1-1 Fossil fuel impacts
Page 185 and 186: as on the exports of agricultural p
Page 187 and 188: which may change in response to an
Page 189 and 190: X. Agricultural Sector Economic Imp
Page 191 and 192: XI. Public Participation We request
Page 193 and 194: ways to comply with any previously
Page 195 and 196: small refiner under this proposal.
Page 197 and 198: meet these criteria to be considere
Page 199 and 200: “economically significant” as d
Page 201 and 202: 40 CFR Part 80 is proposed to be am
Page 203 and 204: (b) Renewable Fuel Standard for 200
Page 205 and 206: (2) The term “Renewable fuel” i
Page 207 and 208: RFStdi = Renewable Fuel Standard in
Page 209 and 210: a party’s renewable volume obliga
Page 211 and 212: (a) YYYY is the calendar year in wh
Page 213 and 214: (ii) The value for EEEEEE in an ext
Page 215 and 216: (2) A deficit is calculated accordi
Page 217 and 218: (a) (1) Any party that exports any
Page 219 and 220: (e) If a refiner is complying on an
Page 221 and 222: calendar year; however, disqualific
Page 223 and 224: §80.76, if such information has no
Page 225 and 226: (1) A summary report of the annual
Page 227: (4) Reports shall be submitted on f
Page 231 and 232: (b) The following attest procedures
Page 233 and 234: (B) That the RFS-FRGAS remained seg
Page 235 and 236: EPA employees or EPA contractors, f
Page 237 and 238: (iv) Determine the date and time th
Page 239: (ii) Be licensed as a Certified Pub
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