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

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(2) The refiner or importer who used the invalid RINs, and any transferor of the invalid RINs, must adjust their records, reports, and compliance calculations as necessary to reflect the deletion of invalid RINs. (3) Any valid RINs remaining after deleting invalid RINs, and after an obligated party applies valid RINs as needed to meet the RVO at the end of the compliance year, must first be applied to correct the invalid transfers before the transferor trades or banks the RINs. (4) In the event that the same RIN is transferred to two or more parties, the RIN will be deemed to be invalid, and any party to any transfer of the invalid RIN will be deemed liable for any violations arising from the transfer or use of the invalid RIN. (5) A RIN will not be deemed invalid where it can be determined that the RIN was properly created and transferred. §§ 80.1132-80.1140 [Reserved] § 80.1141 Small refinery exemption. (a) (1) Pursuant to §80.1107(d), gasoline produced by a refiner at a small refinery is qualified for an exemption from the renewable fuels standards of §80.1105 if that refinery meets the definition of a small refinery under §80.1101(i) for calendar year 2004. (2) This exemption shall apply through December 31, 2010, unless a refiner chooses to opt-in to the program requirements of this subpart (per paragraph (g) of this section) prior to this date. (b) (1) To apply for an exemption under this section, a refiner must submit an application to EPA containing the following information: (i) The annual average aggregate daily crude oil throughput for the period January 1, 2004, through December 31, 2004 (as determined by dividing the aggregate throughput for the calendar year by the number 365); (ii) A letter signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information contained in the application is true to the best of his/her knowledge, and that the company owned the refinery as of January 1, 2006; and (iii) Name, address, phone number, facsimile number, and E-mail address of a corporate contact person. (2) Applications must be submitted by September 1, 2007. (c) Within 60 days of EPA’s receipt of a refiner’s application for a small refinery exemption, EPA will notify the refiner if the exemption is not approved or of any deficiencies in the application. In the absence of such notification from EPA, the effective date of the small refinery exemption is 60 days from EPA’s receipt of the refiner’s submission. (d) If EPA finds that a refiner provided false or inaccurate information on its application for a small refinery exemption, the exemption will be void ab initio upon notice from EPA. - 218 -
(e) If a refiner is complying on an aggregate basis for multiple refineries, any such refiner may exclude from the calculation of its Renewable Volume Obligation (under §80.1107(a)) gasoline from any refinery receiving the small refinery exemption under paragraph (a) of this section. (f) (1) The exemption period in paragraph (a) of this section shall be extended by the Administrator for a period of not less than two additional years if a study by the Secretary of Energy determines that compliance with the requirements of this subpart would impose a disproportionate economic hardship on the small refinery. (2) A refiner may at any time petition the Administrator for an extension of its small refinery exemption under paragraph (a) of this section for the reason of disproportionate economic hardship. (3) A petition for an extension of the small refinery exemption must specify the factors that demonstrate a disproportionate economic hardship and must provide a detailed discussion regarding the inability of the refinery to produce gasoline meeting the requirements of §80.1105 and the date the refiner anticipates that compliance with the requirements can be achieved at the small refinery. (4) The Administrator shall act on such a petition not later than 90 days after the date of receipt of the petition. (g) At any time, a refiner with an approved small refinery exemption under paragraph (a) of this section may waive that exemption upon notification to EPA. (1) A refiner’s notice to EPA that it intends to waive its small refinery exemption must be received by November 1. (2) The waiver will be effective beginning on January 1 of the following calendar year, at which point the gasoline produced at that refinery will be subject to the renewable fuels standard of §80.1105. (3) The waiver must be sent to EPA at one of the addresses listed in paragraph (m) of this section. (h) A refiner that acquires a refinery from either an approved small refiner (under §80.1142) or another refiner with an approved small refinery exemption under paragraph (a) of this section shall notify EPA in writing no later than 20 days following the acquisition. (m) Applications under paragraph (b) of this section, petitions for hardship extensions under paragraph (f) of this section, and small refinery exemption waivers under paragraph (g) of this section shall be sent to one of the following addresses: (1) For US mail: U.S. EPA—Attn: RFS Program, Transportation and Regional Programs Division (6406J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or (2) For overnight or courier services: U.S. EPA, Attn: RFS Program, Transportation and Regional Programs Division (6406J), 1310 L Street, NW., 6th floor, Washington, DC 20005. § 80.1142 What are the provisions for small refiners under the RFS program? (a) (1) A refiner qualifies for a small refiner exemption if the refiner does not meet the definition of a small refinery under §80.1101(i) but meets all of the following criteria: - 219 -
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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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Page 169 and 170: increase in ambient ozone levels is
Page 171 and 172: developing a model of secondary org
Page 173 and 174: IX. Impacts On Fossil Fuel Consumpt
Page 175 and 176: intended to help fuel producers est
Page 177 and 178: efficiency and to reduce air emissi
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: (a) (1) Any party that exports any
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 and 228: (4) Reports shall be submitted on f
Page 229 and 230: (1) Fail to acquire sufficient RINs
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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