a. Redesignating paragraph (b)(4) as paragraph (b)(5) and adding a new
paragraph (b)(4); and
0
b. Revising paragraph (d)(4).
    The addition and revision read as follows:

Sec.  80.585  What is the process for approval of a test method for
determining the sulfur content of diesel or ECA marine fuel?

* * * * *
    (b) * * *
    (4) Provide information indicating that a comparison of the non-
VCSB test method and its respective designated primary test method
results in sample specific biases that are determined to be random. If
the sample specific biases through use of ASTM D6708 between the non-
VCSB test method and designated primary test method cannot be
determined as random, the non-VCSB test method is disqualified from
approval.
* * * * *
    (d) * * *
    (4) The approval of any test method under paragraph (b) of this
section shall be valid from the date of approval from the
Administrator.
* * * * *
0
27. Section 80.595 is amended by revising paragraph (b) to read as
follows:

Sec.  80.595  How does a small or GPA refiner apply for a motor vehicle
diesel fuel volume baseline for the purpose of extending their gasoline
sulfur standards?

* * * * *
    (b) The volume baseline must be sent via certified mail with return
receipt or express mail with return receipt to the attention of
``Diesel Baseline'' to the address in Sec.  80.10(a).
* * * * *
0
28. Section 80.607 is amended by revising paragraph (a) to read as
follows:

Sec.  80.607  What are the requirements for obtaining an exemption for
diesel fuel used for research, development or testing purposes?

    (a) Written request for a research and development exemption. Any
person may receive an exemption from the provisions of this subpart for
diesel fuel or ECA marine fuel used for research, development, or
testing purposes by submitting the information listed in paragraph (c)
of this section to the attention of ``Diesel Program (Diesel Exemption
Request)'' to the address in Sec.  80.10(a).
* * * * *

Subpart J--Gasoline Toxics

0
29. Section 80.855 is amended by revising paragraph (c)(2) to read as
follows:

Sec.  80.855  What is the compliance baseline for refineries or
importers with insufficient data?

* * * * *
    (c) * * *
    (2) Application process. Applications must be submitted to the
attention of ``Anti-Dumping Compliance Period'' to the address in Sec.
80.10(a).
* * * * *

Subpart L--Gasoline Benzene

0
30. Section 80.1230 is amended by adding paragraph (a)(6) to read as
follows:

Sec.  80.1230  What are the gasoline benzene requirements for refiners
and importers?

    (a) * * *
    (6) Beginning February 1, 2018, a refiner that produces E15 at a
blender pump-refinery, as defined in Sec.  80.1500, shall be deemed in
compliance with the provisions of this subpart, provided the refiner is
in compliance with the requirements for gasoline produced by blender
pump-refiners in Sec.  80.1530.
* * * * *
0
31. Section 80.1240 is amended in paragraph (a)(1)(i) in the equation
by revising the definition ``OC'' to read as follows:

Sec.  80.1240  How is a refinery's or importer's compliance with the
gasoline benzene requirements of this subpart determined?

    (a) * * *
    (1)(i) * * *
    OC = Benzene credits used by the refinery or importer to show
compliance (gallons benzene).
* * * * *
0
32. Section 80.1285 is amended by revising paragraph (b) to read as
follows:

Sec.  80.1285  How does a refiner apply for a benzene baseline?

* * * * *
    (b) For U.S. Postal delivery, the benzene baseline application
shall be sent to the attention of ``MSAT2 Benzene'' to the address in
Sec.  80.10(a).
* * * * *
0
33. Section 80.1340 is amended by revising paragraph (b) to read as
follows:

Sec.  80.1340  How does a refiner obtain approval as a small refiner?

* * * * *
    (b) Applications for small refiner status must be sent to the
attention of ``MSAT2 Benzene'' to the address in Sec.  80.10(a).
* * * * *

Subpart M--Renewable Fuel Standard

0
34. Section 80.1401 is amended by:
0
a. Revising the definition of ``Actual peak capacity'';
0
b. Adding in alphabetical order a definition for ``Affiliate'';
0
c. Revising the definition of ``Baseline volume'';
0
d. Adding in alphabetical order definitions for ``Biogas producer'',
``Biointermediate'', ``Biointermediate import facility'',
``Biointermediate importer'', ``Biointermediate producer'',
``Biointermediate production facility'', ``Carbon capture and storage
or CCS'', and ``Cellulosic biomass-based diesel'';
0
e. Revising the definitions of ``Cellulosic diesel'', ``Co-processed'',
and ``Corn oil extraction'';
0
f. Adding in alphabetical order definitions for ``Exempted baseline
peak capacity'' and ``Exempted baseline volume'';
0
g. Revising the definition of ``Foreign ethanol producer'';
0
h. Adding in alphabetical order definitions for ``Foreign renewable
fuel producer'' and ``Geologic sequestration facility'';
0
i. Revising paragraph (2) in the definition of ``Heating oil'' and the
definition of ``Non-ester renewable diesel'';
0
j. Adding in alphabetical order definitions for ``Non-renewable
feedstock'' and ``Non-RIN-generating foreign producer'';
0
k. Revising the definitions of ``Quality assurance audit'' and
``Quality assurance plan, or QAP'';
0
l. Revising paragraph (2) in the definition of ``Renewable fuel'';
0
m. Adding in alphabetical order definitions for ``RIN-generating
foreign producer'', ``Short-rotation hybrid poplar'', ``Short-rotation
willow'', ``Straight vegetable oil'', and ``Surface leakage'';

0
n. Revising the definition of ``Tree plantation''; and
0
o. Adding in alphabetical order a definitions for ``Viscous renewable
diesel blender or VRD blender''.
    The revisions and additions read as follows:

Sec.  80.1401  Definitions.

* * * * *
    Actual peak capacity means 105% of the maximum annual volume of
renewable fuels produced from a specific renewable fuel production
facility on a calendar year basis. The actual peak capacity is based on
the last five calendar years prior to the year in which the owner or
operator registers the facility under the provisions of Sec.  80.1450,
unless no such production exists, in which case actual peak capacity is
based on any calendar year after startup during the first three years
of operation.
* * * * *
    Affiliate is used to indicate a relationship to a specified entity,
and means any entity that, directly or indirectly or through one or
more intermediaries, owns or controls, is owned or controlled by, or is
under common ownership or control with such entity.
* * * * *
    Baseline volume means the permitted capacity or, if permitted
capacity cannot be determined, the actual peak capacity of a specific
renewable fuel production facility on a calendar year basis. If neither
permitted capacity nor actual peak capacity can be determined, baseline
volume means the nameplate capacity of a specific renewable fuel
production facility on a calendar year basis. Baseline volume includes
exempted baseline volume and any additional renewable fuel production
capacity for which a renewable fuel producer is not claiming an
exemption as described in Sec.  80.1403(c) or (d).
* * * * *
    Biogas producer means any landfill, municipal wastewater treatment
facility digester, agricultural digester, or separated MSW digester
that produces biogas used to produce renewable fuel.
    Biointermediate means any feedstock material that is used to
produce renewable fuel and meets all of the following requirements:
    (1) It is derived from renewable biomass.
    (2) It does not meet the definition of renewable fuel and RINs were
not generated for it as a renewable fuel in its own right.
    (3) It is produced at a facility registered with EPA that is
different than the facility at which it is used to produce renewable
fuel.
    (4) It is made from the feedstock and will be used to produce the
renewable fuel in accordance with the process(es) listed in the
approved pathway (as described in Table 1 to Sec.  80.1426 or a pathway
approval pursuant to Sec.  80.1416) that the biointermediate producer
and renewable fuel producer are using to convert renewable biomass to
renewable fuel.
    (5)(i) It is substantially altered from the feedstock listed in the
approved pathway that the biointermediate producer and renewable fuel
producer are using to convert renewable biomass to renewable fuel;
    (ii) The substantial alteration is other than a form change such as
chopping, crushing, grinding, pelletizing, filtering, compacting/
compression, centrifuging, dewatering/drying, melting, or the addition
of water to produce a slurry; and
    (iii) The substantial alteration does not involve the isolation or
concentration of non-characteristic components of the feedstock to
yield an intermediate product not contemplated by EPA in establishing
the approved pathway that the biointermediate producer and the
renewable fuel producer are using to convert renewable biomass to
renewable fuel.
    Biointermediate import facility means any facility where a
biointermediate is imported into the United States.
    Biointermediate importer means any person who owns, leases,
operates, controls, or supervises a biointermediate import facility.
    Biointermediate producer means any person who owns, leases,
operates, controls, or supervises a biointermediate production
facility.
    Biointermediate production facility means all of the activities and
equipment associated with the production of a biointermediate starting
from the point of delivery of feedstock material to the point of final
storage of the end biointermediate product, which are located on one
property, and are under the control of the same person (or persons
under common control).
* * * * *
    Carbon capture and storage or CCS means the capture, treatment, and
compression of CO2 at a renewable fuel facility,
transportation of that CO2, and geologic sequestration of
that CO2 at a geologic sequestration facility.
* * * * *
    Cellulosic biomass-based diesel is any renewable fuel that meets
both the definitions of cellulosic diesel and biomass-based diesel, as
defined in this section 80.1401.
    Cellulosic diesel is any renewable fuel that meets the definition
of cellulosic biofuel, as defined in this section 80.1401, and meets
all of the requirements of paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive,
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester
renewable diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under
40 CFR part 79, if the fuel or fuel additive is intended for use in a
motor vehicle.
    (2) Cellulosic diesel includes heating oil and jet fuel made from
cellulosic feedstocks and renewable fuel that is co-processed with
petroleum.
* * * * *
    Co-processed means that renewable biomass or a biointermediate was
simultaneously processed with fossil fuels or other non-renewable
feedstock in the same unit or units to produce a fuel that is partially
derived from renewable biomass or a biointermediate.
    Corn oil extraction means the recovery of corn oil at any point
downstream of when a dry mill corn ethanol plant grinds the corn,
provided that the corn is converted to ethanol, the oil is rendered
unfit for food uses without further refining, and the oil extraction
results in distillers grains marketable as animal feed.
* * * * *
    Exempted baseline peak capacity means 105% of the maximum annual
volume of renewable fuels produced from a specific renewable fuel
production facility on a calendar year basis for which a renewable fuel
producer is claiming the exemption described in Sec.  80.1403(c) or
(d).
    (1) For facilities that commenced construction prior to December
19, 2007, the exempted baseline peak capacity is based on the last five
calendar years prior to 2008, unless no such production exists, in
which case actual peak capacity is based on any calendar year after
startup during the first three years of operation.
    (2) For facilities that commenced construction after December 19,
2007, and before January 1, 2010, that are fired with natural gas,
biomass, or a combination thereof, the exempted baseline peak capacity
is based on any calendar year after startup during the first three
years of operation.
    Exempted baseline volume means the capacity of a facility for
volume for which a renewable fuel producer is claiming the exemption
described in Sec.  80.1403(c) or (d). The exempted baseline volume is
the permitted

capacity as demonstrated during registration as described in Sec.
80.1450(b)(1)(v)(B), or if permitted capacity cannot be determined, the
exempted baseline peak capacity.
* * * * *
    Foreign ethanol producer means a foreign renewable fuel producer
who produces ethanol for use in transportation fuel, heating oil, or
jet fuel, but who does not add ethanol denaturant to their product as
described in paragraph (2) of the definition of renewable fuel in this
section.
    Foreign renewable fuel producer means a person from a foreign
country or from an area that has not opted into the program
requirements of this subpart who produces renewable fuel.
* * * * *
    Geologic sequestration facility means any well or group of wells
that is a ``facility,'' as defined under 40 CFR 98.6, that inject a
CO2 stream for long-term containment in subsurface geologic
formations as described in 40 CFR 98.440.
    Heating oil * * *
    (2) A fuel oil that is used to heat or cool interior spaces of
homes or buildings to control ambient climate for human comfort. The
fuel oil must be liquid at 60 degrees Fahrenheit and 1 atmosphere of
pressure, and contain no more than 2.5% mass solids.
* * * * *
    Non-ester renewable diesel, also known as renewable diesel, is
either viscous or non-viscous renewable diesel:
    (1) Non-viscous renewable diesel satisfies all of the following:
    (i) Is not a mono-alkyl ester.
    (ii) Meets the ASTM D975-13a (incorporated by reference, see Sec.
80.1468) Grade No. 1-D or No. 2-D specifications prior to blending with
any other product.
    (iii) Can be used in an engine designed to operate on conventional
diesel fuel.
    (iv) Is produced through a hydrotreating process.
    (2) Viscous renewable diesel (VRD) satisfies all of the following:
    (i) Is not a mono-alkyl ester.
    (ii) Is a straight vegetable oil
    (iii) Is intended for use as one of the following:
    (A) A blend in an engine designed to operate on conventional diesel
fuel (referred to as VRD for blending or VRD-B).
    (B) A neat fuel for use either: In a vehicle or engine that has
been converted to use such fuel under an EPA-approved Clean Alternative
Fuel Conversion under 40 CFR part 85, subpart F; as heating oil; or as
jet fuel (collectively referred to as VRD for neat use or VRD-N).
* * * * *
    Non-renewable feedstock means a feedstock that does not meet the
definition of renewable biomass.
    Non-RIN-generating foreign producer means a foreign renewable fuel
producer that has been approved by EPA to produce renewable fuel for
which RINs have not been generated.
* * * * *
    Quality assurance audit means an audit of a renewable fuel
production facility or biointermediate production facility conducted by
an independent third-party auditor in accordance with a QAP that meets
the requirements of Sec. Sec.  80.1469, 80.1472, and 80.1476.
    Quality assurance plan, or QAP, means the list of elements that an
independent third-party auditor will check to verify that the RINs
generated by a renewable fuel producer or importer are valid, including
RINs generated from renewable fuel produced from a biointermediate. A
QAP includes both general and pathway specific elements.
* * * * *
    Renewable fuel * * *
    (2) Ethanol covered by this definition shall be denatured using an
ethanol denaturant as required in 27 CFR parts 19 through 21. Any
volume of ethanol denaturant added to the undenatured ethanol by a
producer or importer in excess of 2 volume percent shall not be
included in the volume of ethanol for purposes of determining
compliance with the requirements under this subpart.
* * * * *
    RIN-generating foreign producer means a foreign renewable fuel
producer that has been approved by EPA to generate RINs for renewable
fuel it produces.
    Short-rotation hybrid poplar means a species or a cross of species
in the Populus genus that is grown with harvest rotations of less than
10 years. Qualifying species include Populus (P.) deltoides, P.
trichocarpa, P. nigra, and P. suaveolens subsp. maximowiczii, as well
as crosses between them.
    Short-rotation willow means a species or a cross of species in the
Salix genus that is grown with harvest rotations of less than 10 years.
Qualifying species include Salix (S.) miyabeana, S. purpurea, S.
eriocephala, S. caprea hybrid, and S. x dasyclados, as well as crosses
between S. koriyanagi and S. purpurea, S. viminalis and S. miyabeana,
and S. purpurea, and S. miyabeana.
* * * * *
    Straight vegetable oil includes all of the following products:
    (1) Soy bean oil.
    (2) Oil from annual covercrops.
    (3) Algal oil.
    (4) Biogenic waste oils/fats/greases that are of plant origin.
    (5) Non-food grade corn oil.
    (6) Camelina sativa oil.
    (7) Canola/Rapeseed Oil.
    (8) Any other vegetable oil listed as a feedstock in Table 1 to
Sec.  80.1426 or described in a pathway approved pursuant to Sec.
80.1416.
    Surface leakage has the same meaning as defined in 40 CFR 98.449.
* * * * *
    Tree plantation is a stand of no less than 1 acre on non-federal
lands that is composed primarily of trees established by hand- or
machine-planting of a seed or sapling, or by coppice growth from the
stump or root of a tree that was hand- or machine-planted. Tree
plantations must have been cleared prior to December 19, 2007 and must
have been actively managed on December 19, 2007, as evidenced by
records which must be traceable to the land in question, which must
include:
    (1) Sales records for planted trees or tree residue together with
other written documentation connecting the land in question to these
purchases;
    (2) Purchasing records for seeds, seedlings, or other nursery stock
together with other written documentation connecting the land in
question to these purchases;
    (3) A written management plan for silvicultural purposes;
    (4) Documentation of participation in a silvicultural program
sponsored by a Federal, state or local government agency;
    (5) Documentation of land management in accordance with an
agricultural or silvicultural product certification program;
    (6) An agreement for land management consultation with a
professional forester that identifies the land in question;
    (7) Evidence of the existence and ongoing maintenance of a road
system or other physical infrastructure designed and maintained for
logging use, together with one of the above-mentioned documents; or
    (8) Records satisfying the requirements of paragraph (2) of the
definition of existing agricultural land in this section that
demonstrates that the land was actively managed or fallow agricultural
land.
* * * * *

    Viscous renewable diesel blender or VRD blender means a party that
blends VRD-B with petroleum diesel to produce fuel that meets the
specifications of ASTM D975 Grade No. 1-D or No. 2-D (incorporated by
reference, see Sec.  80.1468).
0
35. Section 80.1403 is amended by adding paragraph (g) to read as
follows:

Sec.  80.1403   Which fuels are not subject to the 20% GHG thresholds?

* * * * *
    (g) Fuel produced by a facility meeting the requirements of
paragraphs (c) or (d) of this section is not a qualifying renewable
fuel unless it meets one of the following requirements:
    (1) It is made in one facility from feedstock that is renewable
biomass.
    (2) It is made from a feedstock that is derived from renewable
biomass and is listed in Table 1 to Sec.  80.1426.
    (3) It is made from a feedstock that is renewable biomass that was
pre-processed at another facility, and such pre-processing at that
facility was limited to form changes such as chopping, crushing,
grinding, pelletizing, filtering, compaction/compression, centrifuging,
dewater/drying, melting, and/or the addition of water to produce a
slurry.
0
36. Section 80.1415 is amended by revising paragraph (c)(4) to read as
follows:

Sec.  80.1415  How are equivalence values assigned to renewable fuel?

* * * * *
    (c) * * *
    (4) Applications for equivalence values must be sent to the
attention of ``RFS2 Program (Equivalence Value Application)'' to the
address in Sec.  80.10(a).
* * * * *
0
37. Section 80.1425 is amended by revising paragraph (g)(5) to read as
follows:

Sec.  80.1425  Renewable Identification Numbers (RINs).

* * * * *
    (g) * * *
    (5) D has the value of 7 to denote fuel categorized as cellulosic
biomass-based diesel.
* * * * *
0
38. Section 80.1426 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(1) introductory text and (a)(2);
0
c. Adding paragraph (a)(4);
0
d. Revising paragraphs (c)(4) and (5);
0
e. Adding paragraphs (c)(8) and (9);
0
f. Revising paragraph (e)(1);
0
g. Removing paragraph (f)(1) introductory text (but retaining the
subject heading);
0
h Adding paragraphs (f)(1)(i) through (vi) prior to tables 1 and 2 to
Sec.  80.1426;
0
i. In paragraph (f)(1), in Table 1 to Sec.  80.1426, revising the
entries F, H, K, L, and N and adding an entry U;
0
j. Revising the definitions of ``VRIN,CD'' and
``EVCD'' in Table 3 to Sec.  80.1426 in paragraph (f)(3)(v);
0
k. Revising the definition of ``VRIN,CD'' in Table 4 to
Sec.  80.1426 in paragraph (f)(3)(vi);
0
l. Revising the paragraph (f)(4) subject heading;
0
m. Revising the definitions of ``FER'' and
``FENR'' in paragraph (f)(4)(i)(A)(1); and
0
n. Adding paragraphs (f)(4)(iv) and (v), (f)(17)(ii), (f)(18), and
(f)(19).
    The revisions and additions read as follows:

Sec.  80.1426  How are RINs generated and assigned to batches of
renewable fuel?

    (a) * * *
    (1) To the extent permitted under paragraphs (b) and (c) of this
section, producers and importers of renewable fuel (other than VRD-B)
and VRD blenders must generate RINs to represent that fuel if all of
the following occur:
* * * * *
    (2) To generate RINs for imported renewable fuel, including any
renewable fuel contained in imported transportation fuel, heating oil,
or jet fuel, importers must obtain information from a non-RIN-
generating foreign renewable fuel producer that is registered pursuant
to Sec.  80.1450 sufficient to make the appropriate determination
regarding the applicable D code and compliance with the renewable
biomass definition for each imported batch for which RINs are
generated.
* * * * *
    (4) Where a feedstock or biointermediate is used to produce
renewable fuel is not entirely renewable biomass, RINs may only be
generated for the portion of fuel that is derived from renewable
biomass, as calculated under paragraph (f)(4) of this section.
* * * * *
    (c) * * *
    (4) Importers shall not generate RINs for renewable fuel imported
from a non-RIN-generating foreign renewable fuel producer unless the
foreign renewable fuel producer is registered with EPA as required in
Sec.  80.1450.
    (5) Importers shall not generate RINs for renewable fuel that has
already been assigned RINs by a RIN-generating foreign renewable fuel
producer.
* * * * *
    (8) RINs shall not be generated for the production of a
biointermediate.
    (9) Parties shall not generate RINs to represent renewable fuel
prior to EPA approval of applicable registration requirements under
Sec.  80.1450(b), (c), (d)(1), and (d)(4).
* * * * *
    (e) * * *
    (1) Except as provided in paragraph (g) of this section for delayed
RINs, the producer or importer of renewable fuel (other than VRD-B) or
the VRD blender must assign all RINs generated to volumes of renewable
fuel.
* * * * *
    (f) * * *
    (1) Applicable pathways. (i) D codes shall be used in RINs
generated by producers or importers of renewable fuel (other than VRD-
B) and VRD blenders according to the pathways listed in Table 1 of this
section, paragraph (f)(6) of this section, or as approved by the
Administrator.
    (ii) In choosing an appropriate D code, producers and importers may
disregard any incidental, de minimis feedstock contaminants that are
impractical to remove and are related to customary feedstock production
and transport.
    (iii) Tables 1 and 2 to this section do not apply to, and impose no
requirements with respect to, volumes of fuel for which RINs are
generated pursuant to paragraph (f)(6) of this section.
    (iv) Pathways in Table 1 to this section and advanced technologies
in Table 2 to this section also apply in cases wherein the renewable
fuel producer is using a biointermediate as the feedstock.
    (v) For the purposes of identifying the appropriate pathway in
Table 1 of this section, biointermediates used as feedstocks for the
production of renewable fuel are considered to be equivalent to the
renewable biomass from which they were derived, with the following
exceptions:
    (A) Oil that is physically separated from any woody or herbaceous
biomass and used to produce cellulosic biofuel shall not generate D-
code 3 or 7 RINs.
    (B) Sugar or starch that is physically separated from cellulosic
biomass and used to produce cellulosic biofuel shall not generate D-
code 3 or 7 RINs.
    (C) Free fatty acids that are physically separated from mono-, bi-,
and triglycerides in biogenic waste oils/fats/greases are not biogenic
waste oils/fats/greases.
    (vi) If a renewable fuel producer uses a biointermediate as the
feedstock for

the production of renewable fuel, additional requirements apply to both
the renewable fuel producer and the biointermediate producer as
provided in Sec.  80.1475.

         Table 1 to Sec.   80.1426--Applicable D Codes for Each Fuel Pathway for Use in Generating RINs
----------------------------------------------------------------------------------------------------------------
                                                                             Production process
                                  Fuel type               Feedstock             requirements          D-code
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
F........................  Biodiesel, renewable    Soy bean oil; oil from  One of the following:               4
                            diesel, jet fuel and    annual covercrops;      Trans-Esterification
                            heating oil.            algal oil; biogenic     Hydrotreating
                                                    waste oils/fats/        Excluding processes
                                                    greases; oil from       that co-process
                                                    corn oil extraction;    renewable biomass or
                                                    Camelina sativa oil;    a biointermediate
                                                    non-cellulosic          and petroleum.
                                                    portions of separated
                                                    food waste.

                                                  * * * * * * *
H........................  Biodiesel, renewable    Soy bean oil; oil from  One of the following:               5
                            diesel, jet fuel and    annual covercrops;      Trans-Esterification
                            heating oil.            algal oil; biogenic     Hydrotreating
                                                    waste oils/fats/        Includes only
                                                    greases; oil from       processes that co-
                                                    corn oil extraction;    process renewable
                                                    Camelina sativa oil;    biomass or a
                                                    non-cellulosic          biointermediate and
                                                    portions of separated   petroleum.
                                                    food waste.

                                                  * * * * * * *
K........................  Ethanol...............  Crop residue, slash,    Any process that                    3
                                                    pre-commercial          converts cellulosic
                                                    thinnings and tree      biomass to fuel.
                                                    residue, switchgrass,
                                                    miscanthus, energy
                                                    cane, Arundo donax,
                                                    Pennisetum purpureum,
                                                    and separated yard
                                                    waste; biogenic
                                                    components of
                                                    separated MSW;
                                                    cellulosic components
                                                    of separated food
                                                    waste; cellulosic
                                                    components of annual
                                                    cover crops; short-
                                                    rotation hybrid
                                                    poplar; short-
                                                    rotation willow.
L........................  Cellulosic diesel, jet  Crop residue, slash,    Any process that                    7
                            fuel and heating oil.   pre-commercial          converts cellulosic
                                                    thinnings and tree      biomass to fuel.
                                                    residue, switchgrass,
                                                    miscanthus, energy
                                                    cane, Arundo donax,
                                                    Pennisetum purpureum,
                                                    and separated yard
                                                    waste; biogenic
                                                    components of
                                                    separated MSW;
                                                    cellulosic components
                                                    of separated food
                                                    waste; cellulosic
                                                    components of annual
                                                    cover crops; short-
                                                    rotation hybrid
                                                    poplar; short-
                                                    rotation willow.

                                                  * * * * * * *
N........................  Naphtha...............  Switchgrass,            Gasification and                    3
                                                    miscanthus, energy      upgrading processes
                                                    cane, Arundo donax,     that converts
                                                    Pennisetum purpureum;   cellulosic biomass
                                                    short-rotation hybrid   to fuel.
                                                    poplar; short-
                                                    rotation willow.

                                                  * * * * * * *
U........................  Cellulosic diesel, jet  Crop residue, slash,    Any process that                    3
                            fuel and heating oil.   pre-commercial          converts cellulosic
                                                    thinnings and tree      biomass to fuel;
                                                    residue, switchgrass,   includes only
                                                    miscanthus, energy      processes that co-
                                                    cane, Arundo donax,     process renewable
                                                    Pennisetum purpureum,   biomass or
                                                    and separated yard      biointermediate with
                                                    waste; biogenic         petroleum.
                                                    components of
                                                    separated MSW;
                                                    cellulosic components
                                                    of separated food
                                                    waste; and cellulosic
                                                    components of annual
                                                    cover crops.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *
    (v) * * *
    VRIN,CD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for the cellulosic
biomass-based diesel portion of the batch with a D code of 7.
* * * * *
    EVCD = Equivalence value for the cellulosic biomass-
based diesel portion of the batch per Sec.  80.1415.
    (vi) * * *
    VRIN,CD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
cellulosic biomass-based diesel with a D code of 7.
* * * * *

    (4) Renewable fuel that is produced from a partially renewable
biointermediate or by co-processing renewable biomass or a
biointermediate and non-renewable feedstocks simultaneously to produce
a fuel that is partially renewable.
    (i) * * *
    (A) * * *
    (1) * * *
    FER = Feedstock energy from renewable biomass or the
renewable portion of a biointermediate used to make the transportation
fuel, in Btu.
    FENR = Feedstock energy from non-renewable feedstocks or
the non-renewable portion of a biointermediate used to make the
transportation fuel, heating oil, or jet fuel, in Btu.
* * * * *
    (iv) In no case shall the RIN volume VRIN according to
paragraph (f)(4)(i)(A) or (f)(4)(i)(B) of this section be more than the
maximum renewable content as specified in the RIN generating party's
registration under 40 CFR part 79, as applicable.
    (v) In determining the RIN volume VRIN for co-processed
fuels produced from a biointermediate, RIN-generating parties must use
Method B as described in paragraph (f)(4)(i)(B) of this section and
calculate the renewable fraction of a fuel R using Method B of ASTM
D6866 (incorporated by reference, see Sec.  80.1468) as described in
paragraph (f)(9)(ii) of this section.
* * * * *
    (17) * * *
    (ii) In addition to the requirements specified in paragraph
(f)(17)(i) of this section, VRD-N producers may generate RINs for such
fuel only in accordance with Sec.  80.1479(a).
    (18) Requirements related to Renewable Diesel that is VRD. RINs may
only be generated for VRD in accordance with Sec.  80.1479.
    (19) Renewable fuel produced using CCS. The following requirements
apply to producers of renewable fuel that generates RINs and achieves
the greenhouse gas reductions necessary to qualify for a renewable fuel
pathway by using CCS:
    (i) Renewable fuel producers can only generate RINs if the
lifecycle greenhouse gas emissions are below the threshold value for
the applicable pathway when calculated by a method approved by EPA as
part of a petition pursuant to Sec.  80.1416.
    (ii) Renewable fuel producers cannot generate RINs in a given
calendar year after the applicable submittal date for the annual GHG
report specified in 40 CFR 98.3 unless the renewable fuel producer has
received verification that the geologic sequestration facility has
satisfied all applicable reporting obligations pursuant to 40 CFR part
98, subpart RR.
    (iii) If EPA is notified of a surface leak, the producer shall not
generate RINs using a CCS pathway until the remediation plan submitted
under Sec.  80.1474(g) has been approved by EPA and the renewable fuel
producer takes appropriate corrective action, if necessary.
    (iv) Renewable fuel producers shall notify EPA if a participating
geologic sequestration facility has filed a request for discontinuation
under 40 CFR 98.441.
    (v) Renewable fuel producers must meet all of the following
conditions (in addition to any other applicable requirements):
    (A) Registration requirements under Sec.  80.1450(b)(1)(xvi).
    (B) Reporting requirements under Sec.  80.1451(b)(1)(ii)(W).
    (C) Recordkeeping requirements under Sec.  80.1454(b)(11).
* * * * *
0
39. Section 80.1427 is amended by revising paragraph (a)(3)(ii) and
adding paragraph (d) to read as follows:

Sec.  80.1427  How are RINs used to demonstrate compliance?

    (a) * * *
    (3) * * *
    (ii) A cellulosic biomass-based diesel RIN with a D code of 7
cannot be used to demonstrate compliance with both a cellulosic biofuel
RVO and a biomass-based diesel RVO.
* * * * *
    (d) Redesignation RVOs. (1) Each party that is obligated to meet an
RVO under Sec.  80.1433 must demonstrate pursuant to Sec.
80.1451(a)(1) that the party has retired for compliance purposes a
sufficient number of RINs to meet its RVOs by the deadline specified in
Sec.  80.1433(d).
    (2) In fulfillment of its RVOs, each party is subject to the
provisions of paragraphs (a)(2), (a)(3), (a)(6), and (a)(8) of this
section.
    (3) No more than 20 percent of the RVO calculated according to a
formula at Sec.  80.1433(a) may be fulfilled using RINs generated in
the year prior to the year in which the RVO was incurred.
0
40. Section 80.1429 is amended by adding paragraph (b)(11) to read as
follows:

Sec.  80.1429  Requirements for separating RINs from volumes of
renewable fuel.

* * * * *
    (b) * * *
    (11) Any party that must retire RINs for redesignated neat or
blended renewable fuel under Sec.  80.1433 must separate any RINs that
have been assigned to the redesignated volume.
* * * * *
0
41. Section 80.1430 is amended by revising paragraph (c) to read as
follows:

Sec.  80.1430  Requirements for exporters of renewable fuels.

* * * * *
    (c) If the exporter knows or has reason to know that a volume of
exported renewable fuel is cellulosic biomass-based diesel, he must
treat the exported volume as either cellulosic biofuel or biomass-based
diesel when determining his Renewable Volume Obligations pursuant to
paragraph (b) of this section.
* * * * *
0
42. Section 80.1431 is amended by adding paragraph (a)(3) to read as
follows:

Sec.  80.1431  Treatment of invalid RINs.

    (a) * * *
* * * * *
    (3) In the event that EPA determines that some portion of RINs
generated for a batch of renewable fuel produced using a
biointermediate are invalid, then all RINs generated for that batch of
renewable fuel are deemed invalid, unless EPA in its sole discretion
determines that some portion of these RINs are valid.
* * * * *
0
43. Section 80.1433 is added to read as follows:

Sec.  80.1433  Requirements for a party who knows or has reason to know
that a party to whom it is transferring a renewable fuel or a renewable
fuel blend intends a use other than as transportation fuel, heating
oil, jet fuel, or fuel for a stationary internal combustion engine.

    (a) A party that received fuel containing any amount of renewable
fuel, ethanol, butanol, biodiesel, renewable diesel, naptha, or other
biomass-derived fuel, and who knows or has reason to know that a party
to whom it is transferring the fuel intends a use other than as
transportation fuel, heating oil, jet fuel, or fuel for a stationary
internal combustion engine, must include a statement on a product
transfer document it delivers to the fuel transferee at the time of
fuel transfer designating the fuel for other uses, as specified in
paragraph (e) of this section, and must retire an appropriate number
and type of RINs according to one of the following equations, as
appropriate, depending on fuel volume and type, and in accordance with
paragraphs (a)(1) through (a)(4) of this section. However, this
paragraph and paragraphs (b) through (d) of this

section do not apply to a party that can demonstrate through records
available at the time of fuel transfer and which are maintained for a
period of no less than five years that no RINs were generated for any
part of the fuel or fuel blend that it transfers or that an appropriate
number and type of RINs had already been retired pursuant to this
section by a prior owner of the fuel or fuel blend as specified on the
PTD received with the fuel or fuel blend.
    (1) Except as provided in paragraph (a)(5) of this section,
Cellulosic biofuel.

RINRETCB,i = [Sigma](VOLk *
EVk)i

Where:

RINRETCB,i = The quantity of cellulosic biofuel RINs that
must be retired for day i, in gallons.
k = A discrete volume of fuel that the party designated for use in
an application other than as transportation fuel, heating oil, jet
fuel, or fuel for a stationary internal combustion engine, and which
the party knows or has reason to know would qualify as cellulosic
biofuel if it was designated for use as transportation fuel, heating
oil, jet fuel, or fuel for a stationary internal combustion engine.
VOLk = The standardized volume of discrete volume k, in
gallons, calculated in accordance with Sec.  80.1426(f)(8) and, for
fuel blends, with paragraph (c) of this section.
EVk = The equivalence value associated with discrete
volume k.

    (2) Except as provided in (a)(5), Biomass-based diesel.

RINRETBBD,i = [Sigma](VOLk *
EVk)i

Where:

RINRETBBD,i = The quantity of biomass-based diesel RINs
that must be retired for day i, in gallons.
k = A discrete volume of fuel that the party designated for use in
an application other than as transportation fuel, heating oil, jet
fuel, or fuel for a stationary internal combustion engine, and which
the party knows or has reason to know would qualify as biomass-based
diesel if it was designated for use as transportation fuel, heating
oil, jet fuel, or fuel for a stationary internal combustion engine.
VOLk = The standardized volume of discrete volume k, in
gallons, calculated in accordance with Sec.  80.1426(f)(8) and, for
fuel blends, with paragraph (c) of this section.
EVk = The equivalence value associated with discrete
volume k.

    (3) Advanced biofuel.

RINRETAB,i = [Sigma](VOLk *
EVk)i

Where:

RINRETAB,i = The quantity of advanced biofuel RINs that
must be retired for day i, in gallons.
k = A discrete volume of fuel that the party designated for use in
an application other than as transportation fuel, heating oil, jet
fuel, or fuel for a stationary internal combustion engine, and which
the party knows or has reason to know would qualify as advanced
biofuel if it was designated for use as transportation fuel, heating
oil, jet fuel, or fuel for a stationary internal combustion engine.
VOLk = The standardized volume of discrete volume k, in
gallons, calculated in accordance with Sec.  80.1426(f)(8) and, for
fuel blends, with paragraph (c) of this section.
EVk = The equivalence value associated with discrete
volume k.

    (4) Renewable fuel that does not qualify as a type of advanced
biofuel.

RINRETRF,i = [Sigma](VOLk *
EVk)i

Where:

RINRETRF,i = The quantity of renewable fuel RINs that
must be retired for day i, in gallons.
k = A discrete volume of fuel that the party designated for use in
an application other than as transportation fuel, heating oil, jet
fuel, or fuel for a stationary internal combustion engine, and which
the party knows or has reason to know would qualify as renewable
fuel (but not as a type of advanced biofuel) if it was designated
for use as transportation fuel, heating oil, jet fuel, or fuel for a
stationary internal combustion engine.
VOLk = The standardized volume of discrete volume k, in
gallons, calculated in accordance with Sec.  80.1426(f)(8) and, for
fuel blends, with paragraph (c) of this section.
EVk = The equivalence value associated with discrete
volume k.

    (5) If the party knows or has reason to know that the fuel would
qualify as cellulosic biomass-based diesel if it was designated for use
as transportation fuel, heating oil, jet fuel, or fuel for a stationary
internal combustion engine, it must choose either the formula specified
in paragraph (a)(1) of this section or that in paragraph (a)(2) of this
section to calculate the number and type of RINs that must be retired.
    (b) For the purposes of calculating the number of RINs that must be
retired under paragraphs (a) of this section:
    (1) If the renewable fuel category and equivalence value for the
discrete volume k can be determined based on its composition, then the
appropriate formula and equivalence value based on such information
shall be used in the calculation pursuant to paragraph (a).
    (2) If the discrete volume k is known to be biomass-based diesel
but the composition is unknown, the EVk shall be 1.5.
    (3) If neither the renewable fuel category nor EVk of
discrete volume k can be determined by its composition, the renewable
fuel category and EVk in the formula used in paragraph (a)
of this section shall correspond to the renewable fuel designation on
the PTD received by the party, or shall be 1.0, whichever value is
greater.
    (c) VOLk of fuel blends shall be based on one of the
following:
    (1) Information from the supplier of the blend of the concentration
of fuel originally produced as renewable fuel in the blend.
    (2) Determination of the renewable portion of the blend using
Method B or Method C of ASTM D 6866 (incorporated by reference, see
Sec.  80.1468), or an alternative test method as approved by the EPA.
    (3) Assuming the maximum concentration of the renewable fuel in the
blend as allowed by law.
    (d) All RIN retirements required pursuant paragraph (a) of this
section shall be identified in EMTS within thirty (30) business days of
the transfer of the fuel designated for use in an application other
than as transportation fuel, heating oil, jet fuel, or fuel for a
stationary internal combustion engine.
    (e) A party that received fuel containing any amount of renewable
fuel, ethanol, butanol, biodiesel, renewable diesel, naptha, or other
biomass-derived fuel, and who knows or has reason to know that a party
to whom it is transferring the fuel intends a use other than as
transportation fuel, heating oil, jet fuel, or fuel for a stationary
internal combustion engine must include a statement on a product
transfer document it delivers to the fuel transferee at the time of
fuel transfer that includes the following information:
    (1) ``This volume of fuel is designated and intended for use other
than as transportation fuel, heating oil, jet fuel, or fuel for a
stationary internal combustion engine.'';
    (2) ``To the extent necessary, the appropriate number and type of
RINs have been retired pursuant to 40 CFR 80.1433.'';
    (3) Date of RIN retirement in EMTS; and
    (4) EMTS Transaction ID for the transaction in which the
appropriate number and type of RINs were retired.
    (f) Any volume of fuel which is designated for use in an
application other than as transportation fuel, heating oil, jet fuel,
or fuel for a stationary internal combustion engine cannot be
redesignated as renewable fuel.
0
44. Section 80.1434 is added to read as follows:

Sec.  80.1434  RIN retirement.

    (a) A RIN must be retired in any of the following cases:
    (1) Demonstrate annual compliance. Except as specified in paragraph
(b) of this section or Sec.  80.1456, each party that

is an obligated party under Sec.  80.1406 and is obligated to meet the
RVO under Sec.  80.1407 must retire a sufficient number of RINs to
demonstrate compliance with an applicable RVO.
    (2) Exported renewable fuel. Any exporter of renewable fuel that
incurs an ERVO as described in Sec.  80.1430(a) shall retire RINs
pursuant to Sec. Sec.  80.1430(b) through (g) and 80.1427(c).
    (3) Redesignation. Any party that uses a renewable fuel in any
application that is not transportation fuel, heating oil, or jet fuel,
or designates a renewable fuel for use as something other than
transportation fuel, heating oil, or jet fuel, must retire any RINs
received with that renewable fuel as described in Sec.  80.1433.
    (4) RIN expiration. Except as provided in Sec.  80.1427(a)(7), a
RIN is valid for compliance during the compliance year in which it was
generated, or the following compliance year. Any RIN that is not used
for compliance purposes for the compliance year in which it was
generated, or for the following compliance year, will be an expired
RIN. Pursuant to Sec.  80.1431(a), an expired RIN will be considered an
invalid RIN, cannot be used for compliance purposes, and must be
retired as described in Sec.  80.1431(b).
    (5) Volume error correction. A RIN must be retired when it was
based on incorrect volumes or volumes that have not been standardized
to 60[emsp14][deg]F as described in Sec.  80.1426(f)(8).
    (6) Import volume correction. Where the port of entry volume is the
lesser of the two volumes in Sec.  80.1466(e)(1)(i), the importer shall
calculate the difference between the number of RINs originally assigned
by the foreign producer and the number of RINs calculated under Sec.
80.1426 for the volume of renewable fuel as measured at the port of
entry, and retire that amount of RINs in accordance with Sec.
80.1466(k)(4).
    (7) Spillage or disposal of renewable fuels. Except as provided in
Sec.  80.1432(c), in the event that a reported spillage or disposal of
any volume of renewable fuel, the owner of the renewable fuel must
notify any holder or holders of the attached RINs and retire a number
of gallon-RINs corresponding to the volume of spilled or disposed of
renewable fuel multiplied by its equivalence value.
    (i) If the equivalence value for the spilled or disposed of volume
may be determined pursuant to Sec.  80.1415 based on its composition,
then the appropriate equivalence value shall be used.
    (ii) If the equivalence value for a spilled or disposed volume of
renewable fuel cannot be determined, the equivalence value shall be
1.0.
    (iii) If the owner of a volume of renewable fuel that is spilled or
disposed of and reported establishes that no RINs were generated to
represent the volume, then no gallon-RINs shall be retired.
    (8) Contaminated or spoiled fuel. In the event that contamination
or spoliation of any volume of renewable fuel is reported, the owner of
the renewable fuel must notify any holder or holders of the attached
RINs and retire a number of gallon-RINs corresponding to the volume of
contaminated or spoiled renewable fuel multiplied by its equivalence
value.
    (i) If the equivalence value for the contaminated or spoiled volume
may be determined pursuant to Sec.  80.1415 based on its composition,
then the appropriate equivalence value shall be used.
    (ii) If the equivalence value for a contaminated or spoiled volume
of renewable fuel cannot be determined, the equivalence value shall be
1.0.
    (iii) If the owner of a volume of renewable fuel that is
contaminated or spoiled and reported establishes that no RINs were
generated to represent the volume, then no gallon-RINs shall be
retired.
    (9) Delayed RIN generation. In the event that a party generated a
delayed RIN as described in Sec.  80.1426(g)(1) through (4), parties
must retired RINs as described in accordance with Sec.  80.1426(g)(5)
and (6).
    (10) Invalid RIN. In the case that a RIN is invalid as described in
Sec.  80.1431(a), the RIN will be considered invalid and must be
retired as described in Sec.  80.1431(b).
    (11) Potentially invalid RINs. In the case that a RIN is identified
as a PIR under Sec.  80.1474(b)(1), the PIRs or replacement RINs must
be retired as described in Sec.  80.1474(b)(2) through (5).
    (12) Replacement. As required by Sec.  80.1431(b) or Sec.  80.1474,
any party that must replace an invalid RIN or PIR that was used for
compliance must retire valid RINs to replace the invalid RINs
originally used for any RVO.
    (13) Other. Any other instance identified by the EPA.
    (b) In the case that retirement of a RIN is necessary, the
following provisions apply:
    (1) Any party affected by such retirement must keep copies and
adjust its records, reports, and compliance calculations in which the
retired RIN was used.
    (2) The retired RIN must be reported in the applicable reports
under Sec.  80.1451.
    (3) The retired RIN must be reported in the EPA Moderated
Transaction System pursuant to Sec.  80.1452(c).
    (4) Where the importer of renewable fuel is required to retire RINs
under paragraph (a)(6) of this section, the importer must report the
retired RINs in the applicable reports under Sec. Sec.  80.1451,
80.1466(k), and 80.1466(m).
0
45. Section 80.1440 is amended by revising the section heading and
paragraph (a) and adding paragraph (f) to read as follows:

Sec.  80.1440  What are the provisions for blenders who handle and
blend less than 250,000 gallons of renewable fuel per year or who
handle renewable fuel blended for fuels under a national security
exemption?

    (a)(1) Renewable fuel blenders who handle and blend less than
250,000 gallons of renewable fuel per year, and who do not have one or
more reported or unreported Renewable Volume Obligations, are permitted
to delegate their RIN-related responsibilities to the party directly
upstream of them who supplied the renewable fuel for blending.
    (2) Renewable fuel blenders who handle and blend renewable fuel for
parties that have a national security exemption under 40 CFR part 80,
or a national security exemption under paragraph (f) of this section,
and who do not have one or more reported or unreported Renewable Volume
Obligations, are permitted to delegate their RIN-related
responsibilities to the party directly upstream of them who supplied
the renewable fuel for blending.
* * * * *
    (f) National security exemption. (1) The requirements described in
paragraph (b) of this section may be delegated directly upstream for
transportation fuel, heating oil, or jet fuel that is produced,
imported, sold, offered for sale, supplied, offered for supply, stored,
dispensed, or transported for use in any of the following:
    (i) Tactical military vehicles, engines, or equipment having an EPA
national security exemption from emission standards under 40 CFR
85.1708, 89.908, 92.908, 94.908, 1042.635, or 1068.225.
    (ii) Tactical military vehicles, engines, or equipment that are not
subject to a national security exemption from vehicle or engine
emissions standards as described in paragraph (f)(1)(i) of this section
but, for national security purposes (for purposes of readiness for
deployment overseas), need to be fueled on the same transportation
fuel, heating oil, or jet fuel as the vehicles, engines,

or equipment for which EPA has granted such a national security
exemption.
0
46. Section 80.1441 is amended by adding paragraph (e)(2)(iv) and
revising paragraph (h) to read as follows:

Sec.  80.1441  Small refinery exemption.

* * * * *
    (e) * * *
    (2) * * *
    (iv)(A) The following information related to petitions submitted
under this section that have been accepted by EPA for evaluation is not
entitled to confidential treatment under 40 CFR part 2, subpart B:
    (1) Petitioner's name.
    (2) The name and location of the facility for which relief is
requested.
    (3) The general nature of the relief requested.
    (4) The time period for which relief is requested.
    (B) The following information related to EPA determinations on
petitions submitted under this section is not entitled to confidential
treatment under 40 CFR part 2, subpart B:
    (1) Petitioner's name.
    (2) The name and location of the facility for which relief was
requested.
    (3) The general nature of the relief requested.
    (4) The time period for which relief was requested.
    (5) The extent to which EPA either granted or denied the requested
relief.
    (C) The EPA will disclose the information specified in paragraphs
(e)(2)(iv)(A) and (B) of this section on its Web site, or will
otherwise make it available to interested parties, notwithstanding any
claims that the information is entitled to confidential treatment under
40 CFR part 2, subpart B.
* * * * *
    (h) Verification letters under paragraph (b) of this section,
petitions for small refinery hardship extensions under paragraph (e) of
this section, and small refinery exemption waiver notices under
paragraph (f) of this section shall be sent to the attention of ``RFS
Program'' to the address in Sec.  80.10(a).
0
47. Section 80.1442 is amended by adding paragraph (h)(6) and revising
paragraph (i) to read as follows:

Sec.  80.1442  What are the provisions for small refiners under the RFS
program?

* * * * *
    (h) * * *
    (6)(i) The following information related to petitions submitted
under this section that have been accepted by EPA for evaluation is not
entitled to confidential treatment under 40 CFR part 2, subpart B:
    (A) Petitioner's name.
    (B) The name and location of the facility for which relief is
requested.
    (C) The general nature of the relief requested.
    (D) The time period for which relief is requested.
    (ii) The following information related to EPA determinations on
petitions submitted under this section is not entitled to confidential
treatment under 40 CFR part 2, subpart B:
    (A) Petitioner's name.
    (B) The name and location of the facility for which relief was
requested.
    (C) The general nature of the relief requested.
    (D) The time period for which relief was requested.
    (E) The extent to which EPA either granted or denied the requested
relief.
    (iii) The EPA will disclose the information specified in paragraphs
(h)(6)(i) and (ii) of this section on its Web site, or will otherwise
make it available to interested parties, notwithstanding any claims
that the information is entitled to confidential treatment under 40 CFR
part 2, subpart B.
    (i) Small refiner status verification letters, small refiner
exemption waivers, or applications for extensions of the small refiner
temporary exemption under this section must be sent to the attention of
``RFS Program'' to the address in Sec.  80.10(a).
0
48. Section 80.1443 is amended by revising paragraph (d)(2) to read as
follows:

Sec.  80.1443  What are the opt-in provisions for noncontiguous states
and territories?

* * * * *
    (d) * * *
    (2) A petition submitted under this section should be sent to the
attention of ``RFS Program'' to the address in Sec.  80.10(a).
* * * * *
0
49. Section 80.1449 is amended by revising paragraph (d) to read as
follows:

Sec.  80.1449  What are the Production Outlook Report requirements?

* * * * *
    (d) Production outlook reports shall be sent to the attention of
``RFS Program (Production Output Reports)'' to the address in Sec.
80.10(a).
* * * * *
0
50. Section 80.1450 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraphs (b) introductory text and (b)(1) introductory
text;
0
c. Revising paragraphs (b)(1)(i) and (ii), (b)(1)(iv)(A)(1) and (2);
0
d. Revising paragraphs (b)(1)(v) introductory text, (b)(1)(v)(A),
(b)(1)(v)(C)(1), (b)(1)(vii), (b)(1)(viii), (b)(1)(ix)(A), and
(b)(1)(xi)(A) and (B);
0
e. Revising paragraph (b)(1)(xv) introductory text;
0
f. Adding paragraphs (b)(1)(xvi) through (xxi);
0
g. Revising paragraph (b)(2) introductory text and (b)(2)(i) and (ii);
0
h. Redesignating paragraphs (b)(2)(iii) through (vi) as paragraphs
(b)(2)(v) through (viii) and adding new paragraphs (b)(2)(iii) and
(iv);
0
i. Revising newly redesignated paragraph (b)(2)(vi);
0
j. Adding paragraphs (b)(2)(ix) and (x);
0
k. Revising paragraphs (d), (f), (g)(9), and (g)(11)(i);
0
l. Redesignating paragraphs (h) and (i) as paragraphs (i) and (j) and
adding a new paragraph (h); and
0
m. Revising newly redesignated paragraph (i).
    The revisions and additions read as follows:

Sec.  80.1450  What are the registration requirements under the RFS
program?

    (a) Obligated parties and exporters. Any obligated party described
in Sec.  80.1406, any exporter of renewable fuel described in Sec.
80.1430, and any party that must retire RINs under Sec.  80.1433, must
provide EPA with the information specified for registration under Sec.
80.76, if such information has not already been provided under the
provisions of this part. An obligated party, an exporter of renewable
fuel, or party that must retire RINs under Sec.  80.1433 must receive
EPA-issued identification numbers prior to engaging in any transaction
involving RINs. Registration information must be submitted and accepted
by EPA by July 1, 2010, or 60 days prior to RIN ownership, whichever
date comes later.
    (b) Producers. Any RIN-generating foreign producer, any non-RIN-
generating foreign producer, or any domestic renewable fuel producer
that generates RINs, or any biointermediate producer that transfers any
biointermediate for the production of a renewable fuel for RIN
generation, must provide EPA the information specified under Sec.
80.76 if such information has not already been provided under the
provisions of this part, and must receive EPA-issued company and
facility identification numbers prior to the generation of any RINs for
their fuel or for fuel made with their ethanol, or prior to the
transfer of any biointermediate to be used in the production of a
renewable fuel for which RINs may be generated. Unless otherwise
specifically indicated, all the

following registration information must be submitted and accepted by
EPA by July 1, 2010, or 60 days prior to the generation of RINs,
whichever date comes later (for renewable fuel producers and foreign
producers), or by the effective date of the final rule, or 60 days
prior to the transfer of any biointermediate to be used in the
production of a renewable fuel for the generation of RINs, whichever
date comes later (for biointermediate producers):
    (1) A description of the types of renewable fuels, ethanol, or
biointermediate(s) that the producer intends to produce at the facility
and that the facility is capable of producing without significant
modifications to the existing facility. For each type of renewable
fuel, ethanol, or biointermediate(s) the renewable fuel producer or
foreign ethanol producer shall also provide all the following:
    (i)(A) A list of all the feedstocks and/or biointermediates the
facility intends to utilize without significant modification to the
existing facility.
    (B) A description of the type(s) of renewable biomass that will be
used as feedstock material to produce the biointermediate, if
applicable.
    (C) A list of the EPA company registration numbers and EPA facility
registration numbers of all biointermediate producers and
biointermediate production facilities that will supply biointermediates
for renewable fuel or ethanol production, as appropriate.
    (D) An affidavit from or contract with the biointermediate producer
stating its intent to supply biointermediate to the renewable fuel
producer, and certifying the renewable and non-renewable components of
the biointermediate that it intends to provide to the renewable fuel
producer.
    (ii) A description of the facility's renewable fuel, ethanol, or
biointermediate production processes, including:
    (A) A process diagram with all relevant unit processes labeled,
including required inputs and outputs at each step and current
operating pressures and temperatures of each unit.
    (B) A description of the renewable biomass or ethanol treatment
process, including required inputs and outputs used at each step.
    (C) A description of the mechanical, chemical, and biochemical
mechanisms by which renewable biomass is processed prior to being
converted to renewable fuel, ethanol, or a biointermediate.
    (D) Determination of the throughput rate-limiting step in the
production process and corresponding capacity of the production
process.
    (E) For a producer of renewable fuel seeking to generate RINs with
different D codes from the same batch or co-processing renewable
biomass and non-renewable biomass:
    (1) The expected overall fuel yield, calculated as the total volume
of fuel produced per batch divided by the total feedstock mass per
batch on a dry weight basis.
    (2) The Converted Fraction (CF) that will be used for generating
RINs.
    (3) Chemical analysis data supporting the calculated Converted
Fraction and a discussion of the possible variability that could be
expected between reporting periods per Sec.  80.1451(b)(1)(ii)(U)(1).
Data used to calculate the CF must be representative and obtained using
an analytical method certified by a voluntary consensus standards body,
or using a method that would produce reasonably accurate results as
demonstrated through peer reviewed references provided to the third
party engineer performing the engineering review at registration.
    (4) A description and calculations showing how the data were used
to determine the cellulosic Converted Fraction.
    (F) For registrations indicating production of cellulosic biofuel
(D codes 3 or 7) from feedstocks other than biogas (including through
pathways in rows K, L, M, and N of Table 1 to Sec.  80.1426), the
producer must demonstrate the ability to convert cellulosic components
of feedstock into fuel by providing all of the following:
    (1) A process diagram with all relevant unit processes labeled and
a designation of which unit process is capable of performing cellulosic
treatment, including required inputs and outputs at each step.
    (2) A description of the cellulosic biomass treatment process,
including required inputs and outputs used at each step.
    (3) A description of the mechanical, chemical and biochemical
mechanisms by which cellulosic materials can be converted to biofuel
products.
    (G) For registrations indicating the production of any
biointermediate, the biointermediate producer must provide all of the
following:
    (1) The company names, EPA company registration numbers, and EPA
facility registration numbers of all renewable fuel producers and
facilities at which each biointermediate will be used.
    (2) Copies of documents and corresponding calculations
demonstrating production capacity of each biointermediate produced at
the biointermediate production facility.
    (3) A description of the types of feedstocks that the
biointermediate producer intends to process at the facility and that
the facility is capable of producing without significant modifications
to the existing facility. For each type of feedstocks that the
biointermediate producer intends to process the biointermediate
producer shall also provide all the following:
    (i) A list of all the feedstocks the facility intends to utilize
without significant modification to the existing facility.
    (ii) A description of the type(s) of renewable biomass that will be
used as feedstock material to produce the biointermediate.
    (iii) The type of co-products produced with each type of
biointermediate.
    (4) The pathway(s) in Table 1 to Sec.  80.1426 or the approved
pathway under Sec.  80.1416 that the biointermediate could be used in
to produce renewable fuel.
* * * * *
    (iv) * * *
    (A) * * *
    (1) Each type of process heat fuel used at the facility to produce
the renewable fuel, ethanol, or biointermediate.
    (2) The name and address of the company supplying each process heat
fuel to the renewable fuel facility, foreign ethanol facility, or
biointermediate production facility.
* * * * *
    (v) For renewable fuel producers, the following records that
support the facility's baseline volume and exempted baseline volume, as
applicable, as defined in Sec.  80.1401 or, for foreign ethanol
facilities, their production volume:
    (A) For all facilities, copies of the most recent applicable air
permits issued by the U.S. Environmental Protection Agency, state,
local air pollution control agencies, or foreign governmental agencies
and that govern the construction and/or operation of the renewable fuel
or foreign ethanol facility.
* * * * *
    (C) * * *
    (1) For all facilities, copies of documents demonstrating each
facility's actual peak capacity and exempted baseline peak capacity, if
applicable, as defined in Sec.  80.1401 if the maximum rated annual
volume output of renewable fuel is not specified in the air permits
specified in paragraphs (b)(1)(v)(A) and (b)(1)(v)(B) of this section,
as appropriate.
* * * * *

    (vii)(A) For a producer of renewable fuel, a foreign producer of
ethanol, or a biointermediate producer producing a biointermediate made
from separated yard waste per Sec.  80.1426(f)(5)(i)(A):
    (1) The location of any municipal waste establishment(s) or other
establishments from which the waste stream consisting solely of
separated yard waste is collected.
    (2) A plan documenting how the waste will be collected and how the
renewable fuel producer or foreign ethanol producer will conduct
ongoing verification that such waste consists only of yard waste (and
incidental other components such as paper and plastics) that is kept
separate since generation from other waste materials.
    (B) For a producer of renewable fuel, a foreign producer of
ethanol, or a biointermediate producer producing a biointermediate made
from separated food waste per Sec.  80.1426(f)(5)(i)(B) or from
biogenic waste oils/fats/greases:
    (1) A plan documenting the type(s) of separated food waste or
biogenic waste oils/fats/greases, the type(s) of establishment the
waste is collected from, how the waste will be collected, a description
of ongoing verification measures that demonstrate such waste consists
only of food waste (and an incidental amount of other components such
as paper and plastics) or biogenic waste oils/fats/greases that is kept
separate from other waste materials, and if applicable, how the
cellulosic and non-cellulosic portions of the waste will be quantified.
    (2) [Reserved]
    (viii) For a producer of renewable fuel, a foreign producer of
ethanol, or biointermediate producer of a biointermediate made from
separated municipal solid waste per Sec.  80.1426(f)(5)(i)(C):
    (A) The location of the municipal waste establishment(s) from which
the separated municipal solid waste is collected or from which material
is collected that will be processed to produce separated municipal
solid waste.
    (B) A plan providing ongoing verification that there is separation
of recyclable paper, cardboard, plastics, rubber, textiles, metals, and
glass wastes to the extent reasonably practicable and which documents
the following:
    (1) Extent and nature of recycling that occurred prior to receipt
of the waste material by the renewable fuel producer, foreign ethanol
producer, or biointermediate producer.
    (2) Identification of available recycling technology and practices
that are appropriate for removing recycling materials from the waste
stream by the fuel producer, foreign ethanol producer, or
biointermediate producer.
    (3) Identification of the technology or practices selected for
implementation by the fuel producer, foreign ethanol producer, or
biointermediate producer including an explanation for such selection,
and reasons why other technologies or practices were not.
    (C) Contracts relevant to materials recycled from municipal waste
streams as described in Sec.  80.1426(f)(5)(iii).
    (D) Certification by the producer that recycling is conducted in a
manner consistent with goals and requirements of applicable State and
local laws relating to recycling and waste management.
    (ix) * * *
    (A) For a producer of ethanol from grain sorghum or a foreign
ethanol producer making product from grain sorghum and seeking to have
it sold as renewable fuel after addition of ethanol denaturant, provide
a plan that has been submitted and accepted by U.S. EPA that includes
the following information:
* * * * *
    (xi) * * *
    (A) An affidavit from the producer of the fuel oil meeting
paragraph (2) of the definition of heating oil in Sec.  80.1401 stating
that the fuel oil for which RINs have been generated will be sold for
the purposes of heating or cooling interior spaces of homes or
buildings to control ambient climate for human comfort, and no other
purpose.
    (B) Affidavits from the final end user or users of the fuel oil
stating that the fuel oil meeting paragraph (2) of the definition of
heating oil in Sec.  80.1401 is being used or will be used for purposes
of heating or cooling interior spaces of homes or buildings to control
ambient climate for human comfort, and no other purpose, and
acknowledging that any other use of the fuel oil would violate EPA
regulations and subject the user to civil and/or criminal penalties
under the Clean Air Act.
* * * * *
    (xv) For a producer of cellulosic biofuel made from crop residue, a
foreign ethanol fuel producer from crop residue and seeking to have it
sold after denaturing as cellulosic biofuel, or a biointermediate
producer producing a biointermediate for use in the production of a
cellulosic biofuel made from crop residue, provide all the following
information:
* * * * *
    (xvi) For a producer of renewable fuel that achieves the greenhouse
gas reductions necessary to qualify for a renewable fuel pathway by
using CCS:
    (A) A CCS plan that includes each of the following:
    (1) A statement of affirmation that the owner or operator of the
sequestration facility will inject CO2 underground from the
renewable fuel production process under 40 CFR part 98, subpart RR. The
MRV plan must be approved pursuant to 40 CFR 98.448 prior to approval
of registration under the RFS program.
    (2) A statement of affirmation that the renewable fuel producer is
using the methodology approved under Sec.  80.1416 for calculating
lifecycle greenhouse gas emissions associated with renewable fuel
produced and that the lifecycle greenhouse gas emissions associated
with renewable fuel produced are no greater than a specified emissions
value.
    (3) If the CO2 is or will be transferred offsite to a
sequestration facility, a contract or contracts between the renewable
fuel producer and sequestration facility (and any intermediate or
necessary parties) demonstrating the sale of CO2 from the
fuel producer to the sequestration facility and all of the following
sequestration facility duties:
    (i) A duty to inject the CO2 for geologic sequestration.
    (ii) A duty to help the renewable fuel producer develop a
remediation plan for the leaked CO2 to be submitted to EPA
within 30 days of EPA being notified by the renewable fuel producer of
the surface leak, and which provides information related to the date(s)
the surface leak occurred, the GHGRP facility identification number of
the sequestration facility, a detailed description of how the leak
occurred, the amount of CO2 that leaked, and a description
of how the leak would be remediated.
    (iii) A duty to notify the renewable fuel producer of
CO2 surface leaks within 24 hours of detection.
    (iv) A duty to certify to the renewable fuel producer annually and
within 30 days of submission to EPA that the geologic sequestration
facility has submitted to EPA all reports pursuant to 40 CFR part 98,
subpart RR.
    (v) A duty for the geologic sequestration facility to notify the
renewable fuel producer if the geologic sequestration facility ends
sequestration operations.
    (vi) A duty for the geologic sequestration facility to notify the
renewable fuel producer if the geologic sequestration facility submits
a request pursuant to 40 CFR 98.441 for discontinuation of reporting
under 40 CFR part 98, subpart RR.
    (vii) Acknowledgement of the geologic sequestration facility's duty
to retain, for at least five years, all records required by the
applicable provisions of the UIC

program under Part 146, Subpart H, and the GHGRP under 40 CFR 98.3.
    (B) A description of the CO2 capture and sequestration
process. If the CO2 is transferred to a sequestration
facility after capture, a description of the transfer process must be
included. The transfer process description must include the mode of
transport (e.g., whether CO2 is transferred by pipeline or
by container), as well as the annual quantity of CO2
transferred.
    (C) If a producer of renewable fuel that achieves the greenhouse
gas reductions necessary to qualify for a renewable fuel pathway by
using CCS changes the geologic sequestration facility or if the
participating geologic sequestration facility ends sequestration
operations, the renewable producer shall update their registration
under paragraph (d)(1) of this section.
    (D) Any additional information EPA may request, as appropriate.
    (xvii) For a producer of renewable fuel that is produced by co-
processing renewable biomass and non-renewable feedstocks
simultaneously to produce a fuel that is partially renewable:
    (A) A description of how the renewable content of the partial
renewable fuel will be determined after co-processing.
    (B) The method the producer will use to calculate the number of
gallon-RINs on a per-batch basis as described in Sec.  80.1426(f)(4).
    (C) Any additional information EPA may request, as appropriate.
    (xviii) For a producer of cellulosic biofuel made from short-
rotation willow or short-rotation hybrid poplar:
    (A) A list of all the species and hybrids the producer intends to
utilize as short-rotation willow or short-rotation hybrid poplar.
    (B) A written justification that explains why each feedstock a
producer lists according to paragraph (b)(1)(xviii)(A) of this section
meets the definition of ``short-rotation willow'' or ``short-rotation
hybrid poplar'' per Sec.  80.1401.
    (C) Records demonstrating that the short-rotation willow or short-
rotation hybrid poplar feedstocks will only be sourced from locations
that qualify as a tree plantation as defined in Sec.  80.1401,
including documentation that the land was cleared prior to December 19,
2007, and actively managed on December 19, 2007.
    (D) Contracts and affidavits from the party or parties supplying
the producer with short-rotation willow or short-rotation hybrid poplar
that the feedstocks supplied to the producer shall be grown only at
locations that qualify as a tree plantation and for which records
required pursuant to paragraph (b)(1)(xviii)(C) of this section have
been provided to the producer.
    (xix) For VRD-N producers, submit all relevant information in Sec.
80.1426(f)(17) and the following:
    (A) Letters of approval from EPA for a Clean Alternative Fuel
Conversion under 40 CFR part 85, subpart F, for all intended
transferees of VRD-N.
    (B) Copies of contracts with the intended fuel transferee, or
affidavits signed by a responsible officer of the intended transferee,
together with other documentation that EPA may specify on a case-by-
case basis that demonstrate that the contracted end users have
converted vehicles and engines under an EPA-approved Clean Alternative
Fuel Conversion under 40 CFR part 85, subpart F.
    (xx) A responsible corporate officer, or an official in an
equivalent position, of the renewable fuel producer, foreign ethanol
producer, or biointermediate producer in submitting its registration
materials to EPA under this section, must include, sign, and date the
following certification: ``I certify under penalty of law that the
attached registration materials were developed, received, reviewed, and
responded to under my direction or supervision by qualified personnel
in accordance with the requirements of 40 CFR part 80. Based on my
personal knowledge and experience, or inquiry of personnel involved in
developing the registration materials, the information submitted herein
is true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility
of fines and imprisonment for knowing violations.''
    (xxi) For each facility, the renewable fuel producer, foreign
ethanol producer, or biointermediate producer shall make the following
information readily accessible on the facility's publicly-available Web
site (if such Web site exists) as a public notification:
    (A) The name of the independent third-party engineer that conducted
the engineering review under paragraph (b)(2) of this section.
    (B) A summary of how the independent third-party engineer meets the
competency and independent criteria.
    (C) The independent third-party engineer's and producer's signed
certification statements as required under paragraphs (b)(1)(xx) and
(b)(2)(iii) of this section.
    (2) Engineering review. An independent third-party engineer shall
conduct an engineering review that verifies the information provided
pursuant to paragraph (b)(1) of this section and submit a written
report that demonstrates the verification of the information provided
pursuant to paragraph (b)(1) of this section. The engineering review
and written report shall be based upon a site visit occurring while the
facility is producing renewable fuel, ethanol, or a biointermediate,
and review of relevant documents, and shall separately identify each
item required by paragraph (b)(1) of this section, describe how the
independent third-party engineer evaluated the accuracy of the
information provided, state whether the independent third-party
engineer agrees with the information provided, and identify any
exceptions between the independent third-party engineer's findings and
the information provided.
    (i) The engineering review and written report required under this
section must be conducted by a professional engineer, as specified in
paragraph (b)(2)(i)(A) or (B) of this section, as applicable, who is an
independent third-party engineer. The verifying independent third-party
engineer must be:
    (A) For a domestic renewable fuel production facility or a domestic
biointermediate production facility: A professional engineer who is
licensed by an appropriate state agency in the United States and
trained or certified in proper verification techniques, with
professional work experience in the chemical engineering field or
related to renewable fuel production.
    (B) For a foreign renewable fuel production facility, a foreign
ethanol production facility, or a foreign biointermediate production
facility: An engineer who is a foreign equivalent to a professional
engineer licensed in the United States and trained or certified in
proper auditing techniques, with professional work experience in the
chemical engineering field or related to renewable fuel production.
    (ii) The independent third-party engineer and its contractors and
subcontractors must be registered with EPA and meet all applicable
requirements under paragraph (h) of this section.
    (iii) The independent third-party engineer shall sign, date, and
submit to EPA with the written report the following conflict of
interest statement: ``I certify that the engineering review and written
report required and submitted under 40 CFR 80.1450(b)(2) was conducted
and prepared by me, or under my direction or supervision, in accordance
with a system designed to assure that qualified personnel properly
gather and evaluate the information

upon which the engineering review was conducted and the written report
is based. I further certify that the engineering review was conducted
and this written report was prepared pursuant to the requirements of 40
CFR part 80 and all other applicable auditing, competency,
independence, impartiality, and conflict of interest standards and
protocols. Based on my personal knowledge and experience, and inquiry
of personnel involved, the information submitted herein is true,
accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fines
and imprisonment for knowing violations.''
    (iv)(A) To verify the accuracy of the information provided in
paragraph (b)(1)(ii) of this section, the independent third-party
engineer shall conduct independent calculations of the throughput rate-
limiting step in the production process, take digital photographs with
date and geographic coordinates stamps of all process units depicted in
the process flow diagram during the site visit, and certify that all
process unit connections are in place and functioning based on the site
visit.
    (B) To verify the accuracy of the information in paragraph
(b)(1)(iii) of this section, the independent third-party engineer shall
obtain independent documentation from parties in contracts with the
producer for any co-product sales or disposals.
    (C) To verify the accuracy of the information provided in paragraph
(b)(1)(iv) of this section, the independent third-party engineer shall
obtain independent documentation from all process heat fuel suppliers
of the process heat fuel supplied to the facility.
    (D) To verify the accuracy of the information provided in paragraph
(b)(1)(v) of this section, the independent third-party engineer shall
conduct independent calculations of the Converted Fraction that will be
used to generate RINs.
* * * * *
    (vi) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer must retain records of the review and
verification, as required in Sec.  80.1454(b)(6) or (n)(4), as
applicable.
* * * * *
    (ix) The independent third-party engineer must provide to EPA
documentation demonstrating that a site visit, as described in
paragraph (b)(2) of this section, occurred. Such documentation shall
include digital photographs with date and geographic coordinates stamps
of the process units taken during the site visit and a description of
what is depicted in the photographs.
    (x) Reports required under paragraph (b)(2) of this section shall
be electronically submitted directly to EPA by an independent third-
party engineer using forms and procedures established by EPA.
* * * * *
    (d) Registration updates. (1)(i)(A) Any producer of renewable fuel
or any foreign ethanol producer who makes changes to their facility
that will allow them to produce renewable fuel that is not reflected in
the producer's registration information on file with EPA must update
their registration information and submit a copy of an updated
independent third-party engineering review on file with EPA at least 60
days prior to producing the new type of renewable fuel.
    (B) Any biointermediate producer who makes changes to their
biointermediate production facility that will allow them to produce a
biointermediate for use in the production of a renewable fuel that is
not reflected in the biointermediate producer's registration
information on file with EPA must update their registration information
and submit a copy of an updated independent third-party engineering
review on file with EPA at least 60 days prior to producing the new
biointermediate for use in the production of the renewable fuel.
    (ii) The producer may also submit an addendum to the independent
third-party engineering review on file with EPA provided the addendum
meets all the requirements in paragraph (b)(2) of this section and
verifies for EPA the most up-to-date information at the producer's
existing facility.
    (2)(i) Any producer of renewable fuel or any foreign ethanol
producer who makes any other changes to a facility that will affect the
producer's registration information but will not affect the renewable
fuel category for which the producer is registered per paragraph (b) of
this section must update his registration information 7 days prior to
the change.
    (ii)(A) Any biointermediate producer who makes any other changes to
a biointermediate production facility that will affect the
biointermediate producer's registration must update their registration
information 7 days prior to the change.
    (B) All biointermediate producers must update their registration
information on file with EPA at least 60 days prior to transferring any
biointermediate for use in the production of a renewable fuel produced
by a renewable fuel producer not contained in their registration
information on file with EPA.
    (3) All producers of renewable fuel, foreign ethanol producers, and
biointermediate producers must update registration information and
submit an updated independent third-party engineering review according
to the schedule in paragraph (d)(3)(i) or (ii) of this section, and
including the information specified in paragraph (d)(3)(iii) or (iv) of
this section, as applicable:
    (i) For all producers of renewable fuel and foreign ethanol
producers registered in calendar year 2010, the updated registration
information and independent third-party engineering review shall be
submitted to EPA by January 31, 2013, and by January 31 of every third
calendar year thereafter; or
    (ii) For all producers of renewable fuel, foreign ethanol
producers, and biointermediate producers registered in any calendar
year after 2010, the updated registration information and independent
third-party engineering review shall be submitted to EPA by January 31
of every third calendar year after the first year of registration.
    (iii) For all producers of renewable fuel and foreign ethanol
producers, in addition to conducting the engineering review and written
report and verification required by paragraph (b)(2) of this section,
the updated independent third-party engineering review shall include a
detailed review of the renewable fuel producer's calculations used to
determine VRIN of a representative sample of batches of each type of
renewable fuel produced since the last registration. The representative
sample shall be selected in accordance with the sample size guidelines
set forth at Sec.  80.127.
    (iv) For biointermediate producers, in addition to conducting the
engineering review and written report and verification required by
paragraph (b)(2) of this section, the updated independent third-party
engineering review shall include a detailed review of the
biointermediate producer's calculations used to determine the renewable
biomass and cellulosic renewable biomass proportions, as required to be
reported to EPA under Sec.  80.1451(i)(2), of a representative sample
of batches of each type of biointermediate produced since the last
registration. The representative sample shall be selected in accordance
with the sample size guidelines set forth at Sec.  80.127.
    (v) Renewable fuel producers claiming an exemption specified in

Sec.  80.1403(b) or (c) do not need to resubmit air permits as
specified in paragraph (b)(1)(v)(B) of this section or exempted
baseline peak capacity as specified in paragraph (b)(1)(v)(C)(1) of
this section. Air permits and documentation specified in paragraphs
(b)(1)(v)(B) and (C) of this section must be kept as specified in Sec.
80.1454(e).
    (4) Facility ownership changes. (i) Parties that purchase, acquire,
or otherwise obtain a facility that has not been operational for more
than six months must submit a new registration for the facility under
paragraph (b) of this section.
    (ii) Producers of renewable fuel that purchase, acquire, or
otherwise obtain a facility that has been operational within the
previous six months and was previously registered to a different
renewable fuel producer under paragraph (b) of this section, must meet
the following requirements:
    (A) The following information must be provided to EPA:
    (1) All applicable information described in paragraph (b)(1) of
this section.
    (2) An engineering review as described in paragraph (b)(2) or
(d)(1) of this section.
    (3) A letter, signed by both a responsible corporate officer from
the renewable fuel producer that previously registered the facility and
the renewable fuel producer that currently owns or will own the
facility that details the effective date of the transfer of ownership
of the facility and summarizes any changes to the registration
information provided to EPA pursuant to paragraph (b) of this section
for the facility.
    (4) Documents that demonstrate proof of sale or ownership of the
facility.
    (B) The documents and information described in paragraphs
(b)(4)(ii)(A)(1) through (3) of this section must be provided to EPA no
later than 60 days prior to the effective date of the transfer of
ownership for a facility.
    (C) The document(s) described in paragraph (b)(4)(ii)(A)(4) of this
section must be provided to EPA within 3 business days of the effective
date of the transfer of ownership.
    (iii) The renewable fuel producer that is acquiring the previously
registered facility under paragraph (d)(4)(ii) of this section shall
not generate RINs under Sec.  80.1426 until EPA accepts all applicable
registration information.
    (iv) For renewable fuel producers that have been approved by EPA to
transfer ownership of a facility under paragraph (d)(4)(ii) of this
section, those parties may, at EPA's sole discretion, be allowed to
retroactively generate RINs pursuant to Sec.  80.1426(f) and assign
those RINs to batches of renewable fuel pursuant to Sec.  80.1452(e)
back to the effective date of the transfer of ownership for the
facility, if EPA determines that the renewable fuel producer met all
applicable requirements under paragraphs (b) and (d) of this section
for the facility at the effective date of the transfer of ownership for
the facility.
    (v) The previous renewable fuel producer that owned the facility
shall not generate RINs pursuant to Sec.  80.1426 or assign RINs to a
batch of renewable fuel for a facility pursuant to Sec.  80.1452(b) on
or after the effective date of the transfer of ownership for the
facility.
    (vi) For purposes of this section, the effective date of the
transfer of ownership for a facility shall be the date that the
renewable fuel producer that is acquiring the previously registered
facility purchased the facility, took custody of the facility, or began
operating the facility, whichever is later.
* * * * *
    (f)(1) Except as provided in paragraph (f)(2) of this section, all
documents required for a new registration of any facility claiming an
exemption under Sec.  80.1403(c) or (d), and all documents required to
support requests by registered facilities to amend registrations to
increase the baseline volume of fuel qualifying for an exemption under
Sec.  80.1403(c) or (d), must be received by EPA no later than November
16, 2016.
    (2) Paragraph (f)(1) of this section does not limit the ability of
a renewable fuel producer to newly register with EPA as a result of the
transfer of ownership of a facility that was previously registered to
another renewable fuel producer, provided that such producer shall be
subject to the same limitations as the previous owner regarding the
baseline volume for which an exemption under Sec.  80.1403(c) or (d)
apply.
    (g) * * *
    (9) Registration updates. (i) Any independent third-party auditor
who makes changes to its quality assurance plan(s) that will allow it
to audit new renewable fuel production facilities, as defined in Sec.
80.1401, that is not reflected in the independent third-party auditor's
registration information on file with the EPA must update its
registration information and submit a copy of an updated QAP on file
with the EPA at least 60 days prior to producing the new type of
renewable fuel.
    (ii) Any independent third-party auditor who makes any changes
other than those specified in paragraphs (g)(9)(i), (iii), and (iv) of
this section that will affect the third-party auditor's registration
information must update its registration information 7 days prior to
the change.
    (iii) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated by a renewable fuel
facility for a pathway not covered in the independent third-party
auditor's QAPs.
    (iv) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated by any renewable fuel
facility not identified in the independent third-party auditor's
existing registration.
* * * * *
    (11) * * *
    (i) The Administrator may issue a notice of intent to revoke the
registration of a third-party auditor if the Administrator determines
that the auditor has failed to fulfill any requirement of this subpart,
including, but not limited to, the failure to fulfill QAP services. The
notice of intent shall include an explanation of the reasons for the
proposed revocation.
* * * * *
    (h) Independent third-party engineers. Each independent third-party
engineer who conducts an independent third-party engineering review
must register with EPA as an independent third-party engineer and
receive an EPA issued identification number prior to conducting an
engineering review pursuant to paragraph (b)(2) or (d)(1) of this
section. Each independent third-party engineer must directly provide to
EPA all of the following registration materials at least 30 days prior
to conducting an engineering review pursuant to paragraph (b)(2) or
(d)(1) of this section:
    (1) Documentation, as described in paragraph (b)(2)(i)(A) and (B)
of this section, for every professional engineer who will provide a
third-party engineering review.
    (2) Documentation of the independent third-party engineer's
training or certification in proper verification techniques, with
professional work experience in the chemical engineering field or
related to renewable fuel production.
    (3) Documentation demonstrating that every independent third-party
engineer who conducts an independent third-party engineering review
pursuant to paragraph (b)(2) or (d)(1) of this section is, as required,
maintaining professional liability insurance, as defined in 31 CFR
50.5(q). Independent third-party engineers shall use insurance
providers

that possess a financial strength rating in the top four categories
from either Standard & Poor's or Moody's (i.e., AAA, AA, A, or Aa, A,
or Baa for Moody's). Independent third-party engineers shall disclose
the level of professional liability insurance they possess when
entering into contracts to provide independent third-party engineering
review services.
    (4) Documentation of the name, address, company, and facility
identification numbers of all renewable fuel producers, foreign ethanol
producers, and biointermediate producers that the independent third-
party engineer intends to conduct an independent third-party
engineering review for under paragraph (b)(2) or (d)(1) of this section
during the current calendar year.
    (5) An affidavit, or electronic consent, from each domestic
renewable fuel producer and biointermediate producer stating its intent
to have the independent third-party engineer conduct an independent
third-party engineering review of any of the renewable fuel producer,
foreign ethanol producer, or biointermediate producer's facilities
during the current calendar year.
    (6) An affidavit stating that the independent third-party engineer,
its affiliates, contractors, and subcontractors are independent of the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer. For an independent third-party engineer or its affiliates,
contractors, or subcontractors to be considered independent under this
section, all of the following conditions must be met:
    (i) The independent third-party engineer shall act impartially when
performing all activities under this section.
    (ii) The independent third-party engineer shall not be owned or
operated by the renewable fuel producer, foreign ethanol producer, or
biointermediate producer, or any subsidiary or employee of these
producers.
    (iii) The independent third-party engineer shall not be owned or
operated by an obligated party or any subsidiary or employee of an
obligated party as defined in Sec.  80.1406.
    (iv) The independent third-party engineer shall not have conducted
research, development, design, construction, or consulting for the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer within the last three years. For purposes of this requirement,
consulting does not include performing or participating in the
engineering review (including the verification activities) pursuant to
this section.
    (v) The independent third-party engineer shall not provide other
business or consulting services to any renewable fuel producer, foreign
ethanol producer, or biointermediate producer, including advice or
assistance to implement the findings or recommendations of the written
report described in paragraph (b)(2) of this section, for a period of
at least three years following submission of the final written report.
    (vi) The independent third-party engineer shall ensure that all
personnel involved in the engineering review activities under this
section do not accept employment with the owner or operator of the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer for a period of at least three years following submission of
the final written report. For the purposes of this requirement,
employment does not include performing or participating in the
engineering review activities pursuant to paragraph (b)(2) of this
section.
    (vii) The independent third-party engineer shall have written
policies and procedures to ensure that the independent third-party
engineer and all personnel under the independent third-party engineer's
direction or supervision comply with the competency, independence, and
impartiality requirements of this section.
    (viii) For engineering review services as described in paragraph
(b)(2) of this section provided to a biointermediate producer, the
independent third-party engineer shall not be owned or operated by any
renewable fuel producer listed in paragraph (b)(1)(xv) of this section
and the independent third-party engineer shall be free from any
interest in any renewable fuel producer listed in paragraph (b)(1)(xv)
of this section. Any renewable fuel producer listed in paragraph
(b)(1)(xv) of this section shall be free from any interest in the
independent third-party engineer's business.
    (ix) The independent third-party engineer shall not perform an
attest engagement under Sec.  80.1464 for the renewable fuel producer,
foreign ethanol producer, or biointermediate producer within three
years of the date that the independent third-party engineer conducted
the independent third-party engineering review at that same facility
pursuant to paragraph (b)(2) or (d)(1) of this section.
    (x) The independent third-party engineer shall not be a QAP
auditor, as described in Sec.  80.1471, or perform QAP audits, as
described in Sec.  80.1472, for the renewable fuel producer, foreign
ethanol producer, or biointermediate producer in which it performed an
independent third-party engineering review pursuant to paragraph (b)(2)
or (d)(1) of this section.
    (xi) The independent third-party engineer shall not own, buy, sell,
or otherwise trade RINs.
    (xii) The independent third-party engineer shall be free from any
interest or the appearance of any interest in the renewable fuel
producer, foreign ethanol producer, or biointermediate producer's
business and receive no financial benefit from the outcome of the
registration, apart from receipt of payment for the independent third-
party engineering review services under paragraph (b)(2) of this
section.
    (xiii) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer shall be free from any interest or the
appearance of any interest in the independent third-party engineer's
business.
    (xiv) The independent third-party engineer must not be debarred,
suspended, or proposed for debarment pursuant to the Government-wide
Debarment and Suspension regulations, 40 CFR part 32, or the Debarment,
Suspension and Ineligibility provisions of the Federal Acquisition
Regulations, 48 CFR part 9, subpart 9.4.
    (7) Documentation with the name and contact information for each
person employed, affiliated with, or under contract or subcontract, by
the independent third-party engineer to conduct independent third-party
engineering reviews.
    (8) Documentation of the independent third-party engineer's written
policies and procedures to ensure that the independent third-party
engineer and all affiliates, contractors, and subcontractors under the
professional engineer's direction or supervision comply with the
competency, independence, and impartiality requirements of this
section.
    (9) The independent third-party engineer shall sign, date, and
submit to EPA with the registration the following conflict of interest
statement: ``I certify under penalty of law that the registration
materials submitted to EPA were developed, received, reviewed, and
responded to under my direction or supervision by qualified personnel
in accordance with the requirements of 40 CFR part 80. Based on my
personal knowledge and experience, or inquiry of personnel involved in
developing the registration materials, the information submitted herein
is true, accurate, and complete. I am aware that there are

significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations.''
    (10) Registration updates. Any independent third-party engineer who
has any changes to the information in paragraphs (h)(1) through (9) of
this section must update their registration information seven days
prior to the change.
    (11) Revocation of registration. (i) The Administrator may issue a
notice of intent to revoke the registration of an independent third-
party engineer if the Administrator determines that the independent
third-party engineer has failed to fulfill any requirement of this
subpart, including, but not limited to, the submittal to EPA of an
inaccurate independent third-party engineering review. The notice of
intent shall include an explanation of the reasons for the proposed
revocation.
    (ii) Within 60 days of receipt of the notice of intent to revoke,
the independent third-party engineer may submit written comments
concerning the notice, including, but not limited to, a demonstration
of compliance with the requirements that provide the basis for the
proposed revocation. The Administrator shall review and consider any
such submission before taking final action concerning the proposed
revocation.
    (iii) If the independent third-party engineer fails to respond in
writing, within 60 days, to the notice of intent to revoke, the
revocation shall become final by operation of law and the Administrator
shall notify the independent third-party engineer of such revocation.
    (i) Deactivation of company, third-party auditor, or third-party
engineer registration. (1) EPA may deactivate the registration of a
company, third-party auditor, or third-party engineer, using the
process in paragraph (i)(2) of this section, if any of the following
criteria are met:
    (i) The company has reported no activity in EMTS for twenty-four
consecutive months.
    (ii) The company, third-party auditor, or independent third-party
engineer has failed to comply with the registration requirements of
this section.
    (iii) The company, third-party auditor, or independent third-party
engineer has failed to submit any required notification or report
within 30 days of the required submission date under this subpart.
    (iv) Any attest engagement required under Sec.  80.1464 has not
been received within 30 days of the required submission date.
    (v) The company, third-party auditor, or independent third-party
engineer fails to pay a penalty or to perform any requirements under
the terms of a court order, administrative order, consent decree, or
administrative settlement between the company and EPA.
    (vi) The company, third-party auditor, or independent third-party
engineer submits false or incomplete information.
    (vii) The company, third-party auditor, or independent third-party
engineer denies EPA access or prevents EPA from completing authorized
activities under sections 114 or 208 of the Clean Air Act despite
presenting a warrant or court order. This includes a failure to provide
reasonable assistance.
    (vii) The company, third-party auditor, or independent third-party
engineer fails to keep or provide the records required in this section.
    (ix) The company, third-party auditor, or independent third-party
engineer otherwise circumvents the intent of the Clean Air Act or of
this subpart.
    (x) If a company has registered a facility using CCS technology
pursuant to Sec.  80.1450(b)(xvi) and there is an occurrence of surface
leakage of any CO2 emissions at the geologic sequestration
facility.
    (2) Except as provided in paragraph (i)(3) of this section, EPA
will use the following process whenever it decides to deactivate the
registration of a company, third-party auditor, or independent third-
party engineer:
    (i) EPA will provide written notification to the responsible
corporate officer identifying the reasons or deficiencies of why EPA
intends to deactivate the company's registration. The company will have
fourteen calendar days from the date of the notification to correct the
deficiencies identified or explain why there is no need for corrective
action.
    (ii) If the basis for EPA's notice of intent to deactivate
registration is the absence of EMTS activity, a stated intent to engage
in activity reported through EMTS will be sufficient to avoid
deactivation of registration.
    (iii) If the company does not respond, does not correct identified
deficiencies, or does not provide an adequate explanation regarding why
such correction is not necessary within the time allotted for response,
EPA may deactivate the company's registration without further notice to
the party.
    (3) In instances of willfulness or those in which public health,
interest, or safety requires otherwise, EPA may deactivate the
registration of the company, third-party auditor, or independent third-
party engineer without any notice to the party. EPA will provide
written notification to the responsible corporate officer identifying
the reasons EPA deactivated the registration of the company, third-
party auditor, or independent third-party engineer.
    (4) Impact of registration deactivation:
    (i) A company whose registration is deactivated shall still be
liable for violation of any requirements of this subpart.
    (ii) A company whose registration is deactivated will not be listed
on any public list of actively registered companies that is maintained
by EPA.
    (iii) A company whose registration is deactivated will not have
access to any of the electronic reporting systems associated with the
renewable fuel standard program, including the EPA Moderated
Transaction System (EMTS).
    (iv) A company whose registration is deactivated must submit any
corrections of deficiencies to EPA on forms, and following policies,
established by EPA.
    (v) If a company, third-party auditor, or independent third-party
engineer whose registration has been deactivated wishes to re-register,
they may seek to do so by submitting a new registration pursuant to the
requirements in paragraphs (a) through (c), (e), and (g) of this
section, as applicable.
* * * * *
0
51. Section 80.1451 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Redesignating paragraphs (a)(1)(v) through (xviii) as paragraphs
(a)(1)(viii) through (xxi) and adding new paragraphs (a)(1)(v) through
(vii);
0
c. Revising newly redesignated paragraphs (a)(1)(viii), (ix), (xi), and
(xix);
0
d. Revising paragraphs (b) introductory text, (b)(1)(ii)(D), (I), (K),
and (L);
0
e. Redesignating paragraph (b)(1)(ii)(W) as paragraph (b)(1)(ii)(X) and
adding a new paragraph (b)(1)(ii)(W);
0
f. Revising paragraphs (g)(1)(ii)(D) and (I) and (g)(2)(vii); and
0
g. Redesignating paragraphs (i) and (j) as paragraphs (k) and (l) and
adding new paragraphs (i) and (j).
    The revisions and additions read as follows:

Sec.  80.1451  What are the reporting requirements under the RFS
program?

    (a) Obligated parties and exporters. Any obligated party described
in Sec.  80.1406, exporter of renewable fuel described in Sec.
80.1430, or party that must retire RINs under Sec.  80.1433, must
submit to EPA reports according to the schedule, and containing all the
information, that is set forth in this paragraph (a).

    (1) * * *
    (v) Beginning with the 2017 compliance year and every year
thereafter, the production volume and import volume for each of the
products listed in Sec.  80.1407(c) and (e) for the reporting year.
    (vi) Beginning with the 2017 calendar year and every year
thereafter, the volume of renewable fuel blended into gasoline or
diesel fuel as described in Sec.  80.1407(b) and (d) for the reporting
year.
    (vii) Beginning with the 2017 calendar year and every year
thereafter, the production volume and import volume for heating oil, as
defined in Sec.  80.2(ccc). Volumes of renewable heating oil for which
RINs were generated under Sec.  80.1426 shall not be included.
    (viii) The combined total production volume and import volume as
calculated in Sec.  80.1407(b) and (d) for the reporting year.
    (ix) The RVOs, as defined in Sec.  80.1427(a) for obligated
parties, Sec.  80.1430(b) for exporters of renewable fuel, and Sec.
80.1433(a) for parties that must retire RINs under Sec.  80.1433, for
the reporting year.
* * * * *
    (xi) The total current-year RINs by category of renewable fuel, as
those fuels are defined in Sec.  80.1401 (i.e., cellulosic biofuel,
biomass-based diesel, advanced biofuel, renewable fuel, and cellulosic
biomass-based diesel), retired for compliance.
* * * * *
    (xix) The total current-year RINs by category of renewable fuel, as
those fuels are defined in Sec.  80.1401 (i.e., cellulosic biofuel,
biomass-based diesel, advanced biofuel, renewable fuel, and cellulosic
biomass-based diesel), retired for compliance that are invalid as
defined in Sec.  80.1431(a).
* * * * *
    (b) Renewable fuel producers (domestic and foreign) and importers.
Any domestic producer or importer of renewable fuel who generates RINs,
or any RIN-generating foreign producer must submit to EPA reports
according to the schedule, and containing all of the following
information:
    (1) * * *
    (ii) * * *
    (D) The importer EPA facility registration number and foreign
renewable fuel producer company registration number, if applicable.
* * * * *
    (I) The volume of ethanol denaturant and applicable equivalence
value of each batch.
* * * * *
    (K) The types and quantities of feedstocks and biointermediates
used.
    (L) The process(es), feedstock(s), and biointermediate(s) used and
proportion of renewable volume attributable to each process and
feedstock.
* * * * *
    (W) Renewable fuel producers that achieve the greenhouse gas
reductions necessary to qualify for a renewable fuel pathway by using
CCS as part of the renewable fuel production process shall report to
EPA in accordance with the applicable requirements of 40 CFR part 98,
subpart PP, and shall also meet the following requirements:
    (1) Calculated lifecycle greenhouse gas emissions value for each
batch of fuel produced using a method approved by EPA for each batch of
renewable fuel produced.
    (2) The facility identification number associated with the 40 CFR
part 98, subpart RR, annual GHG report of the geologic sequestration
facility and the GHGRP facility identification number of the renewable
fuel facility.
    (3)(i) If the CO2 injection occurs onsite, report that
onsite injection is occurring and affirm that they are reporting in
accordance with the requirements of 40 CFR part 98, subpart RR, and
that no surface leaks that could cause the lifecycle greenhouse gas
emissions to exceed the threshold value required for the approved
pathway under Sec.  80.1416 occurred during the appropriate compliance
period.
    (ii) If the CO2 injection occurs offsite, report that
injection is occurring offsite and affirm that the captured
CO2 is transferred to a facility or facilities that reports
in accordance with 40 CFR part 98, subpart RR and that no surface leaks
that could cause the lifecycle greenhouse gas emissions to exceed the
threshold value required for the approved pathway under Sec.  80.1416
occurred during the appropriate compliance period.
* * * * *
    (g) * * *
    (1) * * *
    (ii) * * *
    (D) The importer EPA facility registration number and foreign
renewable fuel producer company registration number, if applicable.
* * * * *
    (I) The volume of ethanol denaturant and applicable equivalence
value of each verified batch.
* * * * *
    (2) * * *
    (vii) A list of all facilities including the EPA's company and
facility registration numbers audited under an approved quality
assurance plan under Sec.  80.1469, the date the independent third-
party auditor conducted the on-site visit and audit, the name(s) of the
professional engineer(s) that conducted or oversaw the on-site visit
and audit, and whether the facility has a remote monitoring system.
* * * * *
    (i) Biointermediate producers and importers. Any biointermediate
producer or biointermediate importer must submit to EPA reports
according to the schedule, and containing all of the following
information:
    (1) Beginning on the effective date of the final rule,
biointermediate batch production reports for each biointermediate
production facility shall be submitted according to the schedule
specified in paragraph (f)(2) of this section.
    (2) The biointermediate batch production reports shall include all
the following information for each batch of biointermediate produced or
imported, where ``batch'' means a discrete quantity of biointermediate
produced or imported and assigned a unique batch number per Sec.
80.1475(h):
    (i) The biointermediate producer's name.
    (ii) The biointermediate producer's EPA company registration
number.
    (iii) The biointermediate producer's EPA facility registration
number.
    (iv) The applicable reporting period.
    (v) The production date and batch number of each batch.
    (vi) The adjusted cellulosic content of each batch, as defined in
Sec.  80.1401, and certification that the cellulosic content of each
batch was derived from cellulose, hemicellulose, or lignin that was
derived from renewable biomass, as defined in Sec.  80.1401.
    (vii) The volume of each batch produced.
    (viii) The types and quantities of feedstocks used.
    (ix) The renewable fuel type(s) each batch of biointermediate was
designated to be used as a feedstock material for.
    (x) The EPA company registration number and EPA facility
registration number for each renewable fuel producer or foreign
renewable fuel producer that received title to each batch.
    (xi) The percentage of each batch of biointermediate that met the
definition of renewable feedstock and certification that this portion
of the batch of biointermediate was derived from renewable biomass, as
defined in Sec.  80.1401.
    (xii) The process(es) and feedstock(s) used and proportion of
biointermediate volume attributable to each process and feedstock.

    (xiii) The type of co-products produced with each batch.
    (xiv) The quantity of co-products produced in each quarter.
    (xv) Any additional information the Administrator may require.
    (j) The following tables set forth EPA determinations regarding the
extent to which listed data elements from reports submitted pursuant to
this section are eligible for treatment as confidential business
information.

   Table 2-80.1451--EMTS Data Submitted in Quarterly Activity Reports
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Report Number............................................          N
b--Report Type..............................................          N
c--CBI......................................................          N
d--Report Date..............................................          N
e--Company ID...............................................          Y
f--Company Name.............................................          Y
g--Compliance Period Code...................................          N
h--Compliance Basis/Facility ID.............................  ..........
h.1--Compliance Basis.......................................          N
h.2--Facility ID............................................          Y
i--Compliance Year..........................................          Y
j--RIN Status (assigned/separated)..........................          Y
k--Volume of renewable fuel owned at the end of the quarter.  ..........
k.1--If company identifying information present.............          Y
k.2.--If company identifying information absent.............          N
l--Prior-year RFS2 RINs owned at the start of the quarter in          Y
 EMTS.......................................................
m--Prior-year RFS2 RINs purchased in EMTS...................          Y
n--Prior-year RFS2 RINs sold in EMTS........................          Y
o--Prior-year RFS2 RINs separated in EMTS...................          Y
p--Prior-year RFS2 RINs retired in EMTS.....................          Y
q--Prior-year RFS2 RINs owned at the end of the quarter in            Y
 EMTS.......................................................
r--Prior-year RFS2 RINs expired in EMTS at the end of the     ..........
 quarter (Current Year--2 only).............................
r.1--If company identifying information present.............          Y
r.2--If company identifying information absent..............          N
s--Current-year RFS2 RINs owned at the start of the quarter           Y
 in EMTS....................................................
t--Current-year RFS2 RINs purchased in EMTS.................          Y
u--Current-year RFS2 RINs sold in EMTS......................          Y
v--Current-year RFS2 RINs separated in EMTS.................          Y
w--Current-year RFS2 RINs retired in EMTS...................          Y
x--Current-year RFS2 RINs owned at the end of the quarter in          Y
 EMTS.......................................................
y--RFS2 RINs generated during the quarter in EMTS...........          Y
z--Submission Comment.......................................          Y
System 1--CDX Submission ID.................................          Y
System 2--Submitter.........................................          Y
------------------------------------------------------------------------

    Table 3-80.1451--EMTS Data Submitted in Annual Compliance Reports
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Company ID...............................................          Y
b--Company Name.............................................          Y
c--Report Number............................................          N
d--Report Type..............................................          N
e--CBI......................................................          N
f--Report Date..............................................          N
g--Compliance Year..........................................          Y
h--Renewable Volume Obligation (RVO)........................          Y
i--Gasoline and Diesel Production/Renewable Fuel Export               Y
 Volume.....................................................
j--Renewable Fuel Standard Value/Equivalence Value..........          N
k--Cellulosic Biofuel Waiver Credits Payment ID.............          Y
l--Cellulosic Biofuel Waiver Credits Payment Method.........          Y
m--Cellulosic Biofuel Waiver Credits Used...................          Y
n--Compliance Basis/Facility ID.............................          Y
o--Compliance Facility Number...............................          Y
p--Renewable Fuel Export Type...............................          Y
q--Prior Year Deficit.......................................          Y
r--Renewable Volume Obligation (Name).......................          N
s--Prior-year RFS2 RINs used, D code of 3...................          Y
t--Prior-year RFS2 RINs used, D code of 4...................          Y
u--Prior-year RFS2 RINs used, D code of 5...................          Y
v--Prior-year RFS2 RINs used, D code of 6...................          Y
w--Prior-year RFS2 RINs used, D code of 7...................          Y
x--Current-year RFS2 RINs used, D code of 3.................          Y
y--Current-year RFS2 RINs used, D code of 4.................          Y
z--Current-year RFS2 RINs used, D code of 5.................          Y
aa--Current-year RFS2 RINs used, D code of 6................          Y
ab--Current-year RFS2 RINs used, D code of 7................          Y
ac--Deficit RVO.............................................          Y
ad--Submission Comment......................................          Y
ae--CDX Submission ID.......................................          Y
af--Submitter...............................................          Y
------------------------------------------------------------------------

 Table 4-80.1451--Data in PDF Versions of Quarterly RIN Sell Transaction
                                 Reports