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How will the volume of corn ethanol produced above the grandfathering threshold be treated?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . For grandfathered facilities, only the baseline volumes are exempt from the 20 percent GHG reduction requirement Thus, RINs may be generated for baseline volumes of fuel regardless of lifecycle greenhouse gas emissions performance. Volumes of fuel produced above…
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Do grandfathered facilities have an additional 6 months to submit their engineering reviews to EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. In the preamble to the final RFS2 regulations at 75 Fed. Regs. 14709 (March 26, 2010), EPA stated that, in an effort to reduce demand on engineering resources in the interim between promulgation of the rule and…
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What is meant by "grandfathered" fuel?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under the RFS2 regulations, renewable fuel produced from facilities that commenced construction before December 19, 2007 and which completed construction within 36 months without an 18 month hiatus in construction and thereby exempt from the minimum 20% GHG…
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How long will the grandfathering provision be effective? Once a grandfathered producer registers and completes their engineering review, will their baseline volume ever need to meet the 20% GHG reduction requirement?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If a facility meets the requirements for exemption from the 20% GHG reduction requirement pursuant to 40 CFR 80.1403(c ) or (d), then the baseline volume of renewable fuel produced by that facility is exempt from the 20%…
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If a certified renovator is an employee of the certified firm, can the firm maintain all required records (those required of the firm and of the certified renovator); understanding that the certified renovator must also keep a copy of his certification as well as employee training records/documentation on the jobsite?
Answer: The renovation firm is the entity responsible for retaining and making available to EPA all records necessary to demonstrate compliance with the RRP Rule for a period of three years following completion of the renovation. The certified renovator is responsible for preparing the records demonstrating that the renovation was…
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How does a foreign grandfathered renewable fuel production facility processing a mixture of feedstocks with different D codes or no D codes classify its production into D code categories so RINs can be generated when the product is imported into the U.S.?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If the importer is generating the RINs, the importer must obtain all the required information for registration from the foreign producer of the renewable fuel pursuant to 80.1426(a)(2) and 80.1450. In the case of a foreign producer using…
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What are the recordkeeping requirements for a renewable fuel producer that uses used cooking oils and fats as feedstocks for renewable fuel?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Renewable fuel producers using used cooking oils or animal wastes as feedstocks are required under 40 CFR 80.1454(d)(3) to obtain from their feedstock supplier, and maintain in their records, documents which certify that the feedstock meets the definition…
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Under the RRP Rule, can the required records and documentation be stored electronically rather than as paper copies?
Answer: Yes. The renovation firm is responsible for retaining and making available to EPA all records necessary to demonstrate compliance with the Lead Renovation, Repair, and Painting (RRP) Rule for a period of three years following completion of the renovation. The RRP Rule does not specify the format in which…
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How does the "active management" requirement in the definition of renewable biomass apply to land that changes status in the future?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In RFS2, EPA has interpreted the EISA requirement that existing agricultural land be "cleared or cultivated at any time prior to [December 19, 2007] and actively managed or fallow and nonforested" to apply to land that existed as…
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If a facility is grandfathered, is it also exempt from the requirement that feedstocks must be renewable biomass?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Even if a facility is exempt from the 20% GHG reduction requirement, in order to generate RINs, the facility is still required to use feedstocks that meet the definition of renewable biomass. The definition of renewable fuel in…
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Are Canadian facilities included in the grandfathering provision? Does the grandfathering provision extend to facilities that commenced production up to December 31, 2009?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The grandfathering provisions apply equally to facilities inside and outside the RFS program area. Facilities that commenced construction (as defined in §80.1403(a)(4)) prior to December 19, 2007, and which satisfy the timely construction requirements of §80.1403(c)(1) and (2)…
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Under the RRP Rule, can the certified renovator comply with the rules by keeping records regarding his certification and employee training electronically, provided he can display them on a hand held device or laptop on the job site?
Yes. The Lead Renovation, Repair, and Painting (RRP) Rule does not specify the format in which these documents must be kept, but they must be available at the work site. Documents are not available if they cannot be viewed. Certified renovators must have with them at the work site copies…
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What materials from non-federal forestlands meet the definition of renewable biomass in RFS?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Slash and pre-commercial thinnings from non-federal forestland that is not ecologically sensitive forestland qualify as renewable biomass for purposes of RFS. Slash is defined in 40 CFR 80.1401 as the residue, including treetops, branches and bark, left on…
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Does a renewable fuel producer have to report and maintain records on the feedstocks for every batch of renewable fuel they produce?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . All renewable fuel producers must report and maintain records concerning the type and amount of feedstocks used for each batch of renewable fuel produced (see 80.1451(b)(1)(ii)(K) and 80.1454(b)(3)(vi)). With regard to the renewable biomass recordkeeping and reporting requirements…
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How does a renewable fuel producer document that the MSW feedstock that they are using to produce cellulosic ethanol meets the definition of separated MSW as defined in Section 80.1426(f)(5)(i)(C )? How does the producer quantify the portion of the final
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The renewable fuel producer using separated MSW feedstock to produce renewable fuels such as cellulosic ethanol, cellulosic diesel, cellulosic naphtha, etc. must document that their feedstock meets the definition of separated municipal solid waste (MSW), which is "material…
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