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

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(i) The refiner produced gasoline at the refinery by processing crude oil through refinery processing units from January 1, 2004 through December 31, 2004. (ii) The refiner employed an average of no more than 1,500 people, based on the average number of employees for all pay periods for calendar year 2004 for all subsidiary companies, all parent companies, all subsidiaries of the parent companies, and all joint venture partners. (iii) The refiner had a corporate-average crude oil capacity less than or equal to 155,000 barrels per calendar day (bpcd) for 2004. (2) The small refiner 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) To apply for an exemption under this section, a refiner must submit an application to EPA containing all of the following information for the refiner and for all subsidiary companies, all parent companies, all subsidiaries of the parent companies, and all joint venture partners; approval of an exemption application will be based on all information submitted under this paragraph and any other relevant information: (1) (i) A listing of the name and address of each company location where any employee worked for the period January 1, 2004 through December 31, 2004. (ii) The average number of employees at each location based on the number of employees for each pay period for the period January 1, 2004 through December 31, 2004. (iii) The type of business activities carried out at each location. (iv) For joint ventures, the total number of employees includes the combined employee count of all corporate entities in the venture. (v) For government-owned refiners, the total employee count includes all government employees. (2) The total corporate crude oil capacity of each refinery as reported to the Energy Information Administration (EIA) of the U.S. Department of Energy (DOE), for the period January 1, 2004 through December 31, 2004. The information submitted to EIA is presumed to be correct. In cases where a company disagrees with this information, the company may petition EPA with appropriate data to correct the record when the company submits its application. (3) 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. (4) Name, address, phone number, facsimile number, and e-mail address of a corporate contact person. (c) Applications under paragraph (b) of this section must be submitted by September 1, 2007. EPA will notify a refiner of approval or disapproval of its small refiner status in writing. (d) A refiner who qualifies as a small refiner under this section and subsequently fails to meet all of the qualifying criteria as set out in paragraph (a) of this section will have its small refiner exemption terminated effective January 1 of the next - 220 -
calendar year; however, disqualification shall not apply in the case of a merger between two approved small refiners. (e) If EPA finds that a refiner provided false or inaccurate information on its application for small refiner status under this subpart, the small refiner’s exemption will be void ab initio upon notice from EPA. (f) If a small refiner is complying on an aggregate basis for multiple refineries, the refiner may exclude those refineries from the compliance calculations under §80.1125. (g) (1) An approved small refiner may, at any time, waive the exemption under paragraph (a) of this section upon notification to EPA. (2) An approved small refiner’s notice to EPA that it intends to waive the exemption under paragraph (a) of this section must be received by November 1 in order for the waiver to be effective for the following calendar year. The waiver will be effective beginning on January 1 of the following calendar year, at which point the refiner 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 (i) of this section. (h) A refiner that acquires a refinery from another refiner with approved small refiner status under paragraph (a) of this section shall notify EPA in writing no later than 20 days following the acquisition. (i) Applications under paragraph (b) 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. § 80.1143 What are the opt-in provisions for noncontiguous states and territories? (a) A noncontiguous state or United States territory may petition the Administrator to opt-in to the program requirements of this subpart. (b) The petition must be signed by the Governor of the state or his authorized representative (or the equivalent official of the territory). (c) The Administrator will approve the petition if it meets the provisions of paragraphs (b) and (d) of this section. (d) (1) A petition submitted under this section must be received by the Agency by October 31 for the state or territory to be included in the RFS program in the next calendar year. (2) A petition submitted under this section should be sent to one the following addresses: (i) For US Mail: U.S. EPA—Attn: RFS Program, Transportation and Regional Programs Division (6406J), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or - 221 -
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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
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 and 218: (a) (1) Any party that exports any
Page 219: (e) If a refiner is complying on an
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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