[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Rules and Regulations]
[Page 26025-26048]
[DOCID:fr10my10-11]

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Part IV

Environmental Protection Agency

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40 CFR Part 80

Regulation of Fuels and Fuel Additives: Modifications to Renewable Fuel
Standard Program; Final Rule and Proposed Rule

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-9147-6]
RIN 2060-AQ31

Regulation of Fuels and Fuel Additives: Modifications to
Renewable Fuel Standard Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend certain of the
Renewable Fuel Standard program regulations published on March 26,
2010, that are scheduled to take effect on July 1, 2010 (the ``RFS2
regulations''). Following publication of the RFS2 regulations,
promulgated in response to the requirements of the Energy Independence
and Security Act of 2007, EPA discovered some technical errors and
areas within the final RFS2 regulations that could benefit from
clarification or modification. This direct final rule amends the RFS2
regulations to make the appropriate corrections, clarifications, and
modifications.

DATES: This direct final rule is effective on July 1, 2010 without
further notice, except to the extent that EPA receives adverse comment
by June 9, 2010 or receives a request for a public hearing by May 25,
2010. If EPA receives adverse comment or a request for a hearing, we
will publish a timely withdrawal in the Federal Register informing the
public that the amendment, paragraph, or section of the rule on which
adverse comment or a hearing request were received will not take
effect. If a public hearing is requested, we will publish a notice in
the Federal Register announcing the date and location of the hearing at
least 14 days prior to the hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0161, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Air and
Radiation Docket ID No. EPA-HQ-OAR-2005-0161.
     Mail: Air and Radiation Docket, Docket No. EPA-HQ-OAR-
2005-0161, Environmental Protection Agency, Mail Code: 6406J, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
2 copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC, 20460, Attention Air
and Radiation Docket, ID No. EPA-HQ-OAR-2005-0161. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0161. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov website
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation
Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Mail Code: 6405J, U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA using a direct final rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a non-controversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposal to adopt the provisions in this direct final rule on which
adverse comments or a hearing request are filed. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment or a request for hearing on any
portion of this rule, we will publish a timely withdrawal in the
Federal Register informing the public that the portion of the rule on
which adverse comment or a hearing request was received will not take
effect. Any distinct amendment, paragraph, or section of today's rule
for which we do not receive adverse comment or a hearing request will
become effective on the date set out above, notwithstanding any adverse
comment or hearing request on any other distinct amendment, paragraph,
or section of this rule. We will address all public comments in any
subsequent final rule based on the proposed rule.

II. Does this action apply to me?

    Entities potentially affected by this action include those involved
with the production, distribution and sale of transportation fuels,
including gasoline and diesel fuel, or renewable fuels such as ethanol
and biodiesel. Regulated categories and entities affected by this
action include:

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                                                  NAICS codes                        Examples of potentially
                   Category                           \a\        SIC codes \b\          regulated parties
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Industry......................................          324110            2911  Petroleum refiners, importers.
Industry......................................          325193            2869  Ethyl alcohol manufacturers.
Industry......................................          325199            2869  Other basic organic chemical
                                                                                manufacturers.
Industry......................................          424690            5169  Chemical and allied products
                                                                                merchant wholesalers.
Industry......................................          424710            5171  Petroleum bulk stations and
                                                                                terminals.
Industry......................................          424720            5172  Petroleum and petroleum products
                                                                                merchant wholesalers.
Industry......................................          454319            5989  Other fuel dealers.
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\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could be potentially regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria of Part 80, subparts D, E and F of title 40
of the Code of Federal Regulations. If you have any question regarding
applicability of this action to a particular entity, consult the person
in the preceding FOR FURTHER INFORMATION CONTACT section above.

III. What should I consider as I prepare my comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    C. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided in 40 CFR part 2.

IV. Renewable Fuel Standard (RFS2) Program Amendments

    EPA is taking direct final action to amend certain of the Renewable
Fuel Standard regulations published on March 26, 2010, at 75 FR 14670
(the ``RFS2 regulations'') that are scheduled to take effect on July 1,
2010. Following publication of the RFS2 regulations, EPA discovered
some technical errors and areas that could benefit from clarification
or modification. As a result, we are making the following amendments to
the RFS2 regulations at 40 CFR part 80, subpart M.

A. Summary of Amendments

    Below is a table listing the provisions that we are amending. Many
of the amendments address grammatical or typographical errors or
provide clarification of language contained in the final RFS2
regulations. A few amendments are being made in order to correct
regulatory language that inadvertently misrepresented our intent as
reflected in the preamble to the final RFS2 regulations. We have
provided additional explanation for several of these amendments in the
sections IV.B through IV.M below.

                                             RFS2 Program Amendments
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                                  Section                                                Description
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80.1401....................................................................   Corrected typographical
                                                                              errors in the definitions of
                                                                              ``advanced biofuel'' and
                                                                              ``forestland.''
                                                                              Deleted definition of
                                                                              ``fractionation of feedstocks''
                                                                              and added definitions of ``corn
                                                                              oil fractionation,'' ``membrane
                                                                              separation,'' and ``raw starch
                                                                              hydrolysis'' to be consistent with
                                                                              terms listed as advanced
                                                                              technologies in Table 2 to Sec.
                                                                              80.1426. See Section IV.B.
                                                                              Deleted definition of
                                                                              ``yard waste,'' since the term
                                                                              ``separated yard waste'' is
                                                                              defined in the context of Sec.
                                                                              80.1426(f)(5)(i)(A).
                                                                              Added definition of
                                                                              ``actual peak capacity'' (moved
                                                                              from Sec.   80.1403(a)(3)) and
                                                                              revised definition to clarify that
                                                                              actual peak capacity for
                                                                              facilities that commenced
                                                                              construction prior to December 19,
                                                                              2007, but that did not operate
                                                                              prior to 2008, should be based on
                                                                              any calendar year after startup
                                                                              during the first three years of
                                                                              operation. This definition was
                                                                              also revised to clarify that for
                                                                              facilities that commenced
                                                                              construction after December 19,
                                                                              2007 but before January 1, 2010,
                                                                              that are fired with natural gas,
                                                                              biomass, or a combination thereof,
                                                                              the actual peak capacity is based
                                                                              on any calendar year after startup
                                                                              during the first three years of
                                                                              operation.
                                                                              Added definition of
                                                                              ``baseline volume'' (moved from
                                                                              Sec.   80.1403(a)(3)). See Section
                                                                              IV.C.

                                                                              Added definition of
                                                                              ``foreign ethanol producer'' to
                                                                              describe foreign parties that
                                                                              produce ethanol for use in
                                                                              transportation fuel, heating oil,
                                                                              or jet fuel in the United States.
                                                                              See Section IV.D.
                                                                              Added definition of
                                                                              ``permitted capacity'' (moved from
                                                                              80.1403(a)(3)) and revised
                                                                              definition to clarify the dates
                                                                              before which permits used to
                                                                              establish a facility's permitted
                                                                              capacity must have been issued or
                                                                              revised. See Section IV.E.
                                                                              Added definition of
                                                                              ``renewable electricity'' to
                                                                              clarify that electricity must meet
                                                                              the definition of renewable fuel
                                                                              in order to qualify for RINs.
                                                                              Revised definition of
                                                                              ``biogas'' to clarify that biogas
                                                                              must meet the definition of
                                                                              renewable fuel in order to qualify
                                                                              for RINs.
                                                                              Revised definition of
                                                                              ``combined heat and power'' to
                                                                              clarify meaning. See Section IV.B.
                                                                              Revised definition of
                                                                              ``corn oil extraction'' to clarify
                                                                              that ``DGS'' means ``distillers
                                                                              grains and solubles.'' See Section
                                                                              IV.B.
                                                                              Revised definition of
                                                                              ``exporter'' to clarify that
                                                                              exported fuels must be exported
                                                                              from the contiguous 48 states or
                                                                              Hawaii.
                                                                              Revised definition of
                                                                              ``naphtha'' to clarify that it can
                                                                              be either a blendstock or fuel
                                                                              blending component and need not be
                                                                              renewable fuel. See Section IV.F.
                                                                              Revised definition of
                                                                              ``non-ester renewable diesel'' to
                                                                              clarify that it must be able to be
                                                                              used in an engine designed to
                                                                              operate on conventional diesel
                                                                              fuel, or be heating oil or jet
                                                                              fuel, and that it may also be
                                                                              known as renewable diesel. Also
                                                                              deleted requirement that non-ester
                                                                              renewable diesel be registered
                                                                              under 40 CFR part 79 for
                                                                              consistency with other definitions
                                                                              in Sec.   80.1401.
                                                                              Revised definitions of
                                                                              ``pastureland'' and ``pre-
                                                                              commercial thinnings'' to clarify
                                                                              meaning.
                                                                              Revised definition of
                                                                              ``Renewable Identification Number
                                                                              (RIN)'' to clarify that a gallon-
                                                                              RIN represents a gallon of
                                                                              renewable fuel used for compliance
                                                                              with renewable volume obligations
                                                                              under Sec.   80.1427.
                                                                              Revised definition of
                                                                              ``transportation fuel'' to clarify
                                                                              that fuel used in ocean-going
                                                                              vessels is not transportation fuel
                                                                              under Subpart M.
80.1403(a)(1) and (a)(2); removed (a)(3)...................................  Moved definitions of ``baseline
                                                                              volume,'' ``permitted capacity,''
                                                                              and ``actual peak capacity'' to
                                                                              Sec.   80.1401 to consolidate with
                                                                              other definitions.
80.1403(c)(2)..............................................................  Revised to require that
                                                                              construction of a grandfathered
                                                                              renewable fuel production facility
                                                                              for which construction commenced
                                                                              prior to December 19, 2007, be
                                                                              complete by December 19, 2010,
                                                                              rather than within 36 months from
                                                                              the date of commencement of
                                                                              construction. See Section IV.G.
80.1405(c).................................................................  Revised definition of ``RFVCB,i''
                                                                              to clarify that the volume of
                                                                              cellulosic biofuel used to
                                                                              calculate the annual standard for
                                                                              cellulosic biofuel will either be
                                                                              the statutory volume or the
                                                                              adjusted volume in the event that
                                                                              EPA waives a portion of the
                                                                              statutory volume requirement.
80.1406(c)(1)..............................................................  Revised to clarify that, unless
                                                                              otherwise excepted, when
                                                                              demonstrating compliance with the
                                                                              RFS2 regulations on an aggregate
                                                                              basis, an obligated party must
                                                                              include all of the refineries that
                                                                              it operates.
80.1406(f).................................................................  Revised to clarify that all joint
                                                                              owners of a gasoline or diesel
                                                                              refinery or import facility are
                                                                              subject to the liability
                                                                              provisions of Sec.   80.1461(d).
80.1415(a)(1)..............................................................  Corrected references to paragraphs
                                                                              that describe gallon equivalents
                                                                              for biogas and electricity.
80.1415(a)(2)..............................................................  Revised to clarify that the
                                                                              equivalence value represents the
                                                                              number of gallon-RINs that can be
                                                                              generated for a gallon of
                                                                              renewable fuel.
80.1415(b)(5) and (b)(6)...................................................  Revised to clarify the equivalence
                                                                              values for biogas and electricity,
                                                                              respectively.
80.1415(c)(1)..............................................................  Revised definition of variable
                                                                              ``R'' in equivalence value
                                                                              equation to clarify that the
                                                                              renewable content of a renewable
                                                                              fuel is based on the portion that
                                                                              came from renewable biomass, and
                                                                              that it should be expressed as a
                                                                              fraction, not a percentage.
80.1416(a) and (d).........................................................  Revised to clarify the
                                                                              circumstances under which a party
                                                                              may petition EPA for consideration
                                                                              of a D code for their renewable
                                                                              fuel.
80.1416(b)(2)(vi)..........................................................  Revised to clarify that information
                                                                              submitted to EPA by a company for
                                                                              purposes of evaluating a new
                                                                              renewable fuel pathway must
                                                                              include the current and future
                                                                              quantities of feedstocks used to
                                                                              produce the renewable fuel,
                                                                              including information on current
                                                                              and projected yields for
                                                                              feedstocks that are harvested or
                                                                              collected.
80.1416(c)(2)..............................................................  Revised to clarify that the
                                                                              responsible corporate officer of
                                                                              the company submitting a petition
                                                                              for evaluation of a new renewable
                                                                              fuel pathway must sign and certify
                                                                              that the petition meets all the
                                                                              applicable requirements.
80.1425....................................................................  Amended to clarify that RINs
                                                                              generated after July 1, 2010, may
                                                                              only be generated and transferred
                                                                              using the EPA-Moderated
                                                                              Transaction System (EMTS) and will
                                                                              not be identified by a 38-digit
                                                                              code.
80.1425(i).................................................................  Revised to clarify that the value
                                                                              of EEEEEEEE in a batch-RIN will be
                                                                              determined by the number of gallon-
                                                                              RINs generated for the batch.
80.1426(a)(2)..............................................................  Amended to clarify that renewable
                                                                              fuel contained in imported heating
                                                                              oil and jet fuel, in addition to
                                                                              that contained in imported
                                                                              transportation fuel, may qualify
                                                                              for RIN generation.
80.1426(c)(2)..............................................................  Corrected typographical error.
80.1426(c)(3) and 80.1455(c)...............................................  Revised to clarify the conditions
                                                                              under which a renewable fuel
                                                                              producer may qualify for the
                                                                              temporary producer threshold and
                                                                              not be required to generate RINs
                                                                              for their renewable fuel.

80.1426(c)(4)..............................................................  Revised to prohibit importers of
                                                                              renewable fuel produced by a
                                                                              foreign renewable fuel producer,
                                                                              or of renewable fuel made with
                                                                              ethanol produced by a foreign
                                                                              ethanol producer, from generating
                                                                              RINs for such fuel or ethanol
                                                                              unless the foreign renewable fuel
                                                                              producer or foreign ethanol
                                                                              producer is registered with EPA as
                                                                              required in Sec.   80.1450. See
                                                                              Section IV.D.
80.1426(c)(6)..............................................................  Revised to prohibit the generation
                                                                              of RINs for a volume of renewable
                                                                              fuel produced from other renewable
                                                                              fuel that was accompanied by RINs,
                                                                              either assigned or separated.
80.1426(d)(1), (f)(3)(iv), and (f)(3)(v)...................................  Revised to clarify that a unique
                                                                              BBBBB code in the RIN, or its
                                                                              equivalent in EMTS, is used to
                                                                              identify a batch of renewable fuel
                                                                              from a given renewable fuel
                                                                              producer or importer.
80.1426(d)(2)(ii)..........................................................  Amended to clarify that the RIN
                                                                              volume used to determine the last
                                                                              gallon-RIN of a batch of renewable
                                                                              fuel is identified as VRIN in the
                                                                              equations at Sec.   80.1426(f).
80.1426, Table 1...........................................................  Revised to clarify which feedstocks
                                                                              may be used to produce renewable
                                                                              fuel, in order to be consistent
                                                                              with definitions at Sec.
                                                                              80.1401. Also revised to clarify
                                                                              the extent to which distillers
                                                                              grains and solubles may be dried
                                                                              via the application of thermal
                                                                              energy for renewable fuel to
                                                                              qualify for certain fuel pathways.
80.1426, Table 2...........................................................  Revised to clarify the extent to
                                                                              which renewable fuel producers
                                                                              must use certain advanced
                                                                              technologies in order for them to
                                                                              be considered when determining the
                                                                              proper D code for their fuel. See
                                                                              Section IV.B.
80.1426, Table 3...........................................................  Corrected typographical errors in
                                                                              the definitions of VRIN,AB and
                                                                              VRIN,RF.
80.1426, Table 4...........................................................  Revised definitions of different
                                                                              feedstock energy value (``FE'') to
                                                                              clarify that they represent
                                                                              feedstock energy from all
                                                                              feedstocks used to produce
                                                                              renewable fuel with a certain D
                                                                              code.
80.1426(f)(4)..............................................................  Revised to clarify that partially
                                                                              renewable fuel may be used as
                                                                              transportation fuel, heating oil,
                                                                              or jet fuel.
80.1426(f)(4)(ii)..........................................................  Revised to clarify that the
                                                                              contribution of non-renewable
                                                                              feedstocks to the production of
                                                                              partially renewable fuel should be
                                                                              ignored when determining the
                                                                              appropriate pathway for the fuel.
80.1426(f)(5)(i)...........................................................  Corrected grammatical and
                                                                              typographical errors in
                                                                              definitions of ``separated yard
                                                                              waste,'' ``separated food waste,''
                                                                              and ``separated municipal solid
                                                                              waste.''
80.1426(f)(5)(iii)(B)......................................................  Revised to clarify that a renewable
                                                                              fuel producer who uses separated
                                                                              municipal solid waste as a
                                                                              feedstock must have evidence of
                                                                              all contracts relating to the
                                                                              disposal of the specified
                                                                              recyclable materials.
80.1426(f)(5)(vi)..........................................................  Corrected typographical errors and
                                                                              added the term ``separated'' to
                                                                              ``food waste'' and ``MSW'' to be
                                                                              consistent with other sections.
80.1426(f)(9)(iv)(C).......................................................  Corrected typographical error.
80.1426(f)(10).............................................................  Revised to clarify the requirements
                                                                              for generating RINs for renewable
                                                                              electricity or biogas that is not
                                                                              commingled with fuel derived from
                                                                              non-renewable feedstocks.
80.1426(f)(11).............................................................  Revised to clarify the requirements
                                                                              for generating RINs for renewable
                                                                              electricity or biogas that is
                                                                              introduced into a commercial
                                                                              distribution system.
80.1426(f)(12).............................................................  Amended to clarify the requirements
                                                                              for gas to be considered biogas
                                                                              for purposes of determining a
                                                                              renewable fuel's D code.
80.1427(a)(4)(i)...........................................................  Amended to allow RFS1 RINs with an
                                                                              RR code of ``16'' to be treated as
                                                                              RFS2 biomass-based diesel RINs
                                                                              with a D code of 4. See Section
                                                                              IV.H.
80.1427(a)(7)(i)...........................................................  Amended to allow RFS1 RINs with an
                                                                              RR code of ``16'' to be subtracted
                                                                              from the 2010 biomass-based diesel
                                                                              RVO. See Section IV.H.
80.1428(c).................................................................  Revised to clarify that an expired
                                                                              RIN is considered an invalid RIN
                                                                              and cannot be used for compliance.
80.1429(b)(5)..............................................................  Revised to clarify the requirement
                                                                              that the producer of renewable
                                                                              electricity or biogas separate any
                                                                              RINs they generate for a given
                                                                              volume of renewable electricity or
                                                                              biogas.
80.1429(d).................................................................  Revised to clarify that separated
                                                                              RINs must be accompanied by a PTD
                                                                              when being transferred from one
                                                                              party to another.
80.1429(g).................................................................  Revised to clarify that any 2009 or
                                                                              2010 RINs retired because
                                                                              renewable fuel was used in a
                                                                              specific nonroad application may
                                                                              be reinstated by the retiring
                                                                              party and used for 2010 RVO
                                                                              compliance.
80.1430(a).................................................................  Corrected references to subsequent
                                                                              paragraphs in Sec.   80.1430.
80.1430(b)(2) and (b)(3)...................................................  Revised definitions of VOLk to
                                                                              eliminate redundant language.
80.1440(c)(3)..............................................................  Revised to clarify that a renewable
                                                                              fuel blender who delegates its RIN-
                                                                              related responsibilities will
                                                                              remain liable for any violation
                                                                              associated with its renewable fuel
                                                                              blending activities.
80.1440(d) and (e).........................................................  Revised to clarify restrictions on
                                                                              small blenders who upward delegate
                                                                              their RIN responsibilities.
80.1442(b)(1), (b)(4), (c), and (d)(1).....................................  Revised to clarify that the small
                                                                              refiner exemption from obligated
                                                                              party requirements is effective
                                                                              immediately for those who qualify.
80.1450(a), (b), and (c)...................................................  Revised to clarify that
                                                                              registration information for
                                                                              obligated parties and exporters of
                                                                              renewable fuel, renewable fuel
                                                                              producers (unless grandfathered),
                                                                              and renewable fuel importers must
                                                                              be submitted to and accepted by
                                                                              EPA no later than July 1, 2010, or
                                                                              60 days prior to generating or
                                                                              owning RINs, whichever date comes
                                                                              later.
80.1450(b).................................................................  Revised to require foreign ethanol
                                                                              producers, as defined in Sec.
                                                                              80.1401, that produce ethanol used
                                                                              in renewable fuel for which RINs
                                                                              are generated by a United States
                                                                              importer to register their
                                                                              facilities with EPA prior to the
                                                                              generation of any RINs for fuel
                                                                              made with their ethanol. See
                                                                              Section IV.D.

80.1450(b)(1)(v)(A), (b)(1)(v)(B), (b)(1)(v)(C), and (b)(1)(vi); removed     Revised to require all renewable
 (b)(1)(v)(D) and (b)(1)(v)(E).                                               fuel producers to submit
                                                                              information on their baseline
                                                                              production volume, including
                                                                              copies of applicable air permits
                                                                              and other documents, when
                                                                              registering their facility. See
                                                                              Section IV.C. Also revised to
                                                                              correct typographical and
                                                                              grammatical errors.
80.1450(b)(1)(vi)..........................................................  Revised to clarify the documents
                                                                              required as part of registration
                                                                              for a renewable fuel production
                                                                              facility claiming grandfathered
                                                                              status in order to demonstrate the
                                                                              date that construction of the
                                                                              facility commenced.
80.1450(b)(1)(vii) and (b)(1)(viii)........................................  Revised to clarify specific
                                                                              registration requirements for
                                                                              producers of renewable fuel made
                                                                              from separated yard waste,
                                                                              separated food waste, and
                                                                              separated municipal solid waste.
80.1450(b)(2)(i)(A)........................................................  Revised to clarify that the
                                                                              engineering review that must be
                                                                              submitted to EPA as part of the
                                                                              registration process for a
                                                                              renewable fuel production facility
                                                                              must be conducted by a
                                                                              professional engineer licensed by
                                                                              an appropriate state agency in the
                                                                              U.S. for domestic facilities, or
                                                                              by a foreign equivalent for
                                                                              foreign facilities, and that the
                                                                              engineer must be an independent
                                                                              third party. See Section IV.I.
80.1450(b)(2)(ii)(E).......................................................  Moved to Sec.   80.1450(b)(2)(v)
                                                                              for clarity.
Added 80.1450(b)(2)(vi)....................................................  Amended to clarify that owners and
                                                                              operators of grandfathered
                                                                              renewable fuel production
                                                                              facilities must submit the
                                                                              engineering review no later than
                                                                              December 31, 2010. While this
                                                                              allowance was discussed in the
                                                                              preamble to the final RFS2
                                                                              regulations, it was inadvertently
                                                                              left out of the final regulations.
80.1450(b)(3)..............................................................  Moved to Sec.   80.1450(b)(1)(iv)
                                                                              to clarify that a process heat
                                                                              fuel supply plan must be submitted
                                                                              as part of registration for all
                                                                              renewable fuel production
                                                                              facilities, and revised to clarify
                                                                              the information that must be
                                                                              included in such a plan. See
                                                                              Section IV.J.
80.1450(d)(2)..............................................................  Revised to clarify that any
                                                                              renewable fuel producer who makes
                                                                              changes to their facility that
                                                                              will affect the producer's
                                                                              registration information but will
                                                                              not affect the renewable fuel
                                                                              category for which the producer is
                                                                              registered must update their
                                                                              registration information seven (7)
                                                                              days prior to the change. See
                                                                              Section IV.K.
80.1450(e).................................................................  Revised to clarify that
                                                                              registration information for RIN
                                                                              owners must be submitted to EPA at
                                                                              least 30 days prior to RIN
                                                                              ownership.
80.1450(f).................................................................  Revised to clarify that any
                                                                              renewable fuel facility that
                                                                              claims grandfathered status under
                                                                              RFS2 must register with EPA no
                                                                              later than July 1, 2013.
80.1451(a)(1)(xi)..........................................................  Revised to clarify that the annual
                                                                              compliance report that must be
                                                                              submitted by obligated parties and
                                                                              exporters of renewable fuel must
                                                                              include a list of all RINs retired
                                                                              for compliance in the reporting
                                                                              period.
80.1451(b)(1)(ii)(D).......................................................  Corrected typographical error.
80.1451(b)(1)(ii)(H).......................................................  Revised to clarify that RIN
                                                                              generators must report the fuel
                                                                              type of each batch in their RIN
                                                                              generation reports.
80.1451(b)(1)(ii)(K) and (b)(1)(ii)(N).....................................  Revised to require information on
                                                                              quantities, rather than volume, of
                                                                              renewable fuel feedstocks and co-
                                                                              products, since feedstocks and co-
                                                                              products can be measured in mass
                                                                              or volume.
80.1451(b)(1)(ii)(M).......................................................  Deleted ``of renewable fuel'' to
                                                                              make language consistent with
                                                                              other reporting elements required
                                                                              under Sec.   80.1454(b)(1)(ii).
80.1451(b)(1)(ii)(P) and (b)(1)(ii)(Q).....................................  Revised to clarify reporting
                                                                              requirements for producers and
                                                                              importers, as appropriate, of
                                                                              renewable electricity and biogas
                                                                              used for transportation and
                                                                              producers and importers of
                                                                              renewable fuel produced at
                                                                              facilities that use biogas for
                                                                              process heat. Specifically, these
                                                                              amendments clarify that the
                                                                              renewable electricity and biogas
                                                                              should be reported as total energy
                                                                              used (i.e., kW or BTU) rather than
                                                                              as a rate (kW/hr or BTU/hr).
80.1451(b)(1)(ii)(R).......................................................  Added the term ``separated'' to
                                                                              ``municipal solid waste'' to be
                                                                              consistent with other sections.
                                                                              Also revised to clarify that the
                                                                              amount of separated MSW used for
                                                                              renewable fuel that is produced or
                                                                              imported should be in units of
                                                                              weight (in tons).
80.1451(c)(1)(iii)(D) and (c)(2)(xv).......................................  Revised to clarify that
                                                                              reinstatement should apply to all
                                                                              RFS1 RINs generated in 2009 or
                                                                              2010.
80.1451(d) and (d)(1)......................................................  Revised to clarify that producers
                                                                              and RIN-generating importers of
                                                                              renewable fuel made from
                                                                              feedstocks not covered by the
                                                                              aggregate compliance approach must
                                                                              submit quarterly reports
                                                                              containing information on their
                                                                              feedstocks, including a summary of
                                                                              the types and quantities of
                                                                              feedstocks used in that quarter.
80.1451(e).................................................................  Revised to clarify requirements for
                                                                              quarterly reporting on feedstocks
                                                                              by producers of renewable fuel
                                                                              that is made from feedstocks
                                                                              covered by the aggregate
                                                                              compliance approach if the 2007
                                                                              baseline amount of U.S.
                                                                              agricultural land is found to have
                                                                              been exceeded.
80.1452(b).................................................................  Revised to clarify that RINs must
                                                                              be generated in EMTS within five
                                                                              (5) business days of being
                                                                              assigned to a batch of renewable
                                                                              fuel. This paragraph is also
                                                                              revised to clarify the information
                                                                              required to be submitted via EMTS
                                                                              for each batch of renewable fuel
                                                                              produced or imported.
80.1452(c).................................................................  Revised to clarify that
                                                                              transactions involving RINs
                                                                              generated on or after July 1, 2010
                                                                              must be conducted via EMTS within
                                                                              five (5) business days of a
                                                                              reportable event. This paragraph
                                                                              is also revised to clarify the
                                                                              meaning of the term ``reportable
                                                                              event'' and to clarify the
                                                                              information required to be
                                                                              submitted via EMTS for each
                                                                              transaction involving RINs
                                                                              generated on or after July 1,
                                                                              2010.
80.1453(a)(5)..............................................................  Deleted the requirement for price
                                                                              to appear on the PTD. Although
                                                                              parties do not need to convey
                                                                              price information on the PTD,
                                                                              parties must still be in agreement
                                                                              on whether they will submit the
                                                                              price per RIN or price per gallon
                                                                              of renewable fuel to EMTS.
80.1453(a)(7), (a)(8), and (a)(10).........................................  Revised to clarify the information
                                                                              required on product transfer
                                                                              documents (PTDs) that accompany
                                                                              renewable fuel or separated RINs.

80.1453(a)(11)(i)..........................................................  Revised to clarify the RIN
                                                                              information required on PTDs for
                                                                              RFS1 and RFS2 RINs, since RFS2
                                                                              RINs may be transferred uniquely
                                                                              or generically in EMTS. Section
                                                                              80.1453(a)(11)(i) currently does
                                                                              not identify the information for
                                                                              RFS1 and RFS2 RINs that must be
                                                                              transferred on a PTD.
80.1453(a)(11)(ii).........................................................  Revised to reference the
                                                                              identifying information required
                                                                              on a PTD for RFS1 and RFS2 RINs.
80.1454(a)(2)..............................................................  Revised to clarify that obligated
                                                                              parties and exporters are not
                                                                              required to keep the production
                                                                              outlook reports in Sec.   80.1449.
80.1454(a)(3)(iv)..........................................................  Revised to clarify the records that
                                                                              obligated parties and exporters of
                                                                              renewable fuel must keep related
                                                                              to RIN transactions and their
                                                                              terms.
Added 80.1454(a)(6)........................................................  Amended to clarify that exporters
                                                                              must maintain invoices, BOLs and
                                                                              other documents related to the
                                                                              purchase, transfer and export of
                                                                              renewable fuel.
80.1454(c)(1)(i), (c)(1)(ii), (d)(3), and (g); added (d)(4)................  Revised to clarify that the
                                                                              aggregate compliance approach
                                                                              applies to planted crops and crop
                                                                              residue from agricultural land in
                                                                              the U.S. See Section IV.L.
80.1454(c)(2)(ii)..........................................................  Deleted allowance that duplicate
                                                                              copies of reports submitted to EPA
                                                                              are not required, since this
                                                                              language is not necessary.
80.1454(d).................................................................  Amended heading to be formatted
                                                                              consistently when printed in the
                                                                              Federal Register.
80.1454(d)(3)..............................................................  Amended to clarify that domestic
                                                                              renewable fuel producers that use
                                                                              separated yard and food waste are
                                                                              subject to additional
                                                                              recordkeeping requirements located
                                                                              at Sec.   80.1454(j). This
                                                                              provision was also renumbered as
                                                                              (d)(4). See Section IV.M.
80.1454(g) and (h).........................................................  Revised to include RIN-generating
                                                                              importers of renewable fuel made
                                                                              from planted crops or crop residue
                                                                              from U.S. agricultural land under
                                                                              the aggregate compliance approach
                                                                              for renewable biomass.
80.1454(g)(2)(ii)..........................................................  Corrected typographical error and
                                                                              reference within paragraph
                                                                              (g)(2)(ii).
80.1454(h)(6)(v)...........................................................  Revised to clarify that EPA may
                                                                              revoke approval of a survey plan
                                                                              if it determines that the approved
                                                                              survey plan was not fully
                                                                              implemented.
80.1454(j).................................................................  Added the term ``solid'' to
                                                                              ``separated municipal waste'' to
                                                                              be consistent with other sections.
80.1454(j)(2)(iii); added (j)(2)(iv).......................................  Amended to require renewable fuel
                                                                              producers who use separated
                                                                              municipal solid waste as feedstock
                                                                              for renewable fuel to maintain
                                                                              records that demonstrate the fuel
                                                                              sampling methods used and the
                                                                              results of all fuel analyses to
                                                                              determine the non-fossil fraction
                                                                              of the fuel.
80.1454(k).................................................................  Revised to clarify recordkeeping
                                                                              requirements for a renewable fuel
                                                                              producer that generates RINs for
                                                                              biogas or electricity produced
                                                                              from renewable biomass.
80.1455(a), (b), (c), and (d)..............................................  Corrected typographical errors.
80.1460(c)(2); removed 80.1460(c)(3).......................................  Revised to eliminate redundant
                                                                              language.
80.1463(a).................................................................  Corrected typographical error.
80.1463(b).................................................................  Revised to clarify that any person
                                                                              that fails to meet their RVOs, or
                                                                              causes another person to fail to
                                                                              meet their RVOs during any
                                                                              compliance period, is subject to a
                                                                              separate day of violation for each
                                                                              day in the compliance period.
80.1464(a)(1)(i)(A)........................................................  Corrected references to paragraphs
                                                                              in Sec.   80.1430.
80.1464(a)(1)(iv)(A).......................................................  Corrected typographical error.
80.1464(a)(1)(iv)(D); removed 80.1464(a)(1)(vii)...........................  Revised to clarify the attest
                                                                              procedures specific to an exporter
                                                                              of renewable fuel and deleted the
                                                                              requirement that each exporter's
                                                                              RVO be calculated from a sampling
                                                                              of renewable fuel batches, as
                                                                              doing so is infeasible.
80.1464(b)(1)(i)...........................................................  Corrected references to paragraphs
                                                                              (d) and (e).
80.1464(b)(1)(ii)..........................................................  Revised to clarify that the number
                                                                              of gallon-RINs must be computed
                                                                              for each batch of renewable fuel
                                                                              produced or imported by a RIN
                                                                              generator as part of the attest
                                                                              engagement requirements.
80.1464(c)(2)(ii)..........................................................  Corrected typographical error.
80.1465(a)(6)..............................................................  Restructured paragraph to clarify
                                                                              meaning.
80.1465(d)(1)(ii)..........................................................  Revised to clarify that the volume
                                                                              of imported RFS-FRFUEL must be
                                                                              temperature-corrected to 60
                                                                              [deg]F.
----------------------------------------------------------------------------------------------------------------

B. Advanced Technologies for Renewable Fuel Pathways

    The final RFS2 rule includes two corn ethanol pathways in Table 1
of Sec.  80.1426 that require the use of advanced technologies at the
production facility as a prerequisite to the generation of RINs. The
advanced technologies are listed in Table 2 of Sec.  80.1426. However,
only three of these advanced technologies are explicitly defined in
Sec.  80.1401. To clarify our intent with regard to implementation of
these advanced technologies, we have created new definitions for
membrane separation and raw starch hydrolysis. We also replaced the
existing definition of ``fractionation of feedstocks'' with the
definition for ``corn oil fractionation'' to be more consistent with
the terminology used in Table 2 of Sec.  80.1426. Finally, we modified
the definition of ``combined heat and power (CHP)'' and clarified in
Table 2 of Sec.  80.1426 the degree to which it, as well as the other
advanced technologies, must be implemented in order to represent a
valid advanced technology for the generation of RINs.

C. Baseline Production Volume for All Renewable Fuel Production
Facilities

    Section 80.1450(b)(1)(v) currently requires information pertinent
to facilities described in Sec.  80.1403(c) and (d), i.e., those
facilities for which the renewable fuel would be exempted
(``grandfathered'') from the requirement of 20 percent GHG emission
reduction. This amendment modifies Sec.  80.1450(b)(1)(v) to require
all renewable fuel producers to include information on their
facilities' baseline volume when registering for RFS2 in order for EPA
to verify renewable fuel

production volumes and RIN generation reports. Specifically, all owners
and operators of renewable fuel facilities, including those described
in Sec.  80.1403(c) and (d), must submit copies of their most recent
air permits. In addition, the facilities described in Sec.  80.1403(c)
must submit copies of air permits issued no later than December 19,
2007; those described in Sec.  80.1403(d) must submit copies of air
permits issued no later than December 31, 2009. Thus, for those
facilities we will have information on permitted capacity for 2007 and
2009 from which baseline volumes will be determined. We will also have
the most recent permitted capacity for those facilities. In case of
discrepancies in permitted capacity between the most recent permits and
those representing operation in 2007 and 2009, EPA may ask for
additional information. The information required to establish when
construction of the grandfathered facilities commenced is now contained
in Sec.  80.1450(b)(vi), since Sec.  80.1450(b)(v) now addresses only
baseline volume.

D. Foreign Ethanol Producers

    We have added a new definition of ``foreign ethanol producer'' to
Sec.  80.1401 that describes foreign producers that produce ethanol for
use in transportation fuel, heating oil or jet fuel but who do not add
denaturant to their product, and therefore do not technically produce
``renewable fuel'' as defined in our regulations. We have also added
amendments to the registration provisions at Sec.  80.1450(b) to
require the registration of these parties if the ethanol they produce
is used to make renewable fuel for which RINs are ultimately generated.
The result of these changes is to require foreign ethanol facilities
that produce ethanol that ultimately becomes part of a renewable fuel
for which RINs are generated to provide EPA the same registration
information as foreign renewable fuel facilities that export their
product to the United States. In both cases the required registration
information is important for enforcement purposes, including verifying
the use of renewable biomass as feedstock and the assignment of
appropriate D codes. The changes made today conform the regulations to
EPA's intent at the time the RFS2 regulations were issued.

E. Permitted Capacity

    EPA is modifying the definition of ``permitted capacity'' to
reference the specific permits, by year, which are to be used in
establishing the permitted capacity of facilities claiming the
exemptions specified in Sec.  80.1403(c) and (d). Permitted capacity is
one means by which ``baseline volume'' is determined for purposes of
these exemptions. The registration provisions in the existing
regulations at Sec.  80.1450(b)(1)(v)(C) accurately identify the
permits (by year) that are relevant in establishing ``permitted
capacity'' for facilities claiming the exemptions in Sec.  80.1403(c)
and (d), but EPA neglected to include comparable references in the
existing definition of ``permitted capacity.'' Today's amendments will
help to clarify the regulations by adding comparable references in the
definition of ``permitted capacity.''

F. Definition for ``Naphtha''

    The final RFS2 rule includes the term naphtha in Table 1 to Sec.
80.1426 in the form of both ``naphtha'' and ``cellulosic naphtha.'' The
final rule also includes a definition of naphtha in Sec.  80.1401
indicating that naphtha must be a renewable fuel or fuel blending
component. Since naphtha is generally not used as transportation fuel
in its neat form, requiring naphtha to be renewable fuel could cause
confusion. Therefore, we have modified the definition of naphtha to
indicate that it must be a blendstock or fuel blending component.

G. Grandfathering Exemption for Renewable Fuel Production Facilities

    Section 80.1403(c)(2) requires as a condition of the exemption from
the 20 percent greenhouse gas (GHG) emission reduction that
construction of the renewable fuel facility be completed within 36
months of commencement. In the proposed RFS2 rule, however, the
regulatory language required completion of construction within 36
months of EISA enactment, which would be December 19, 2010. In
preparing the final rulemaking package we mistakenly removed the
proposed language. Today's rule provides that construction must be
completed within 36 months of December 19, 2007, for facilities that
commenced construction prior to that date. For facilities that
commenced construction after that date, as described in Sec.
80.1403(d), the requirement remains that construction must be completed
within three years of commencement of construction.

H. Use of RFS1 RINs for RFS2 Compliance in 2010

    The RFS2 final rule allows RFS1 RINs to be used for compliance
purposes under RFS2. With regard to biodiesel and renewable diesel, the
regulations at Sec.  80.1427(a)(4)(i) indicate that RFS1 RINs with a D
code of 2 and RR code of 15 or 17 may be deemed equivalent to an RFS2
RIN with a D code of 4 representing biomass-based diesel. The RR codes
of 15 and 17 were included in this provision because they are
indicative of biodiesel and renewable diesel, respectively, as
described in the assignment of Equivalence Values in Sec.  80.1415.
However, EPA also approved an Equivalence Value of 1.6 for a particular
renewable fuel diesel substitute that is compositionally similar to
biodiesel. Therefore, we are modifying the RFS1/RFS2 transition
provisions at Sec.  80.1427(a)(4)(i) to also allow RFS1 RINs with a D
code of 2 and RR code of 16 to be deemed equivalent to an RFS2 RIN with
a D code of 4.

I. Engineering Review

    Section 80.1450(b)(2)(i)(A) and (b)(2)(i)(B) are amended to clarify
the types of professional engineers who may qualify to conduct the
third-party engineering review for renewable fuel facilities located in
the United States or in a foreign country. The original requirements in
the final regulations in Sec.  80.1450(b)(2)(i)(A) state that domestic
renewable fuel production facilities must have an engineering review
conducted by a ``Professional Chemical Engineer.'' For foreign
facilities, Sec.  80.1450(b)(2)(i)(B) provides that the review should
be conducted by ``a licensed professional engineer or foreign
equivalent who works in the chemical engineering field.'' EPA
interprets these provisions similarly but is amending the regulations
to clarify that the requirements are the same. For both domestic and
foreign facilities the third party engineering review should be
conducted by a professional engineer (or foreign equivalent) who works
in the chemical engineering field. EPA views renewable fuel production
to fall generally within the chemical engineering field, and is
amending the regulation to clarify that professional work experience
related to renewable fuel production will satisfy this requirement. As
required in Sec.  80.1450(b)(2)(ii)(E), the professional engineer shall
provide to EPA documentation of their qualifications to conduct the
engineering review, including but not limited to proof of a license as
a professional engineer and relevant work experience. Additional
language is added to clarify that the professional engineer must also
be an independent third-party, which is further defined in Sec.
80.1450(b)(2)(ii), to qualify to conduct the engineering review.

J. Process Heat Fuel Supply Plan

    The requirements for the process heat fuel supply plan were moved
from

Sec.  80.1450(b)(3) and inserted under Sec.  80.1450(b)(1)(iv) in these
amendments to minimize duplicative requirements and to provide clear
instruction that the process heat fuel supply plan is required to be
submitted as part of registration and will be subject to verification
in the engineer review required in Sec.  80.1450(b)(2).
    The requirements for the process heat fuel supply plan have been
divided into two subparts. Section 80.1450(b)(1)(iv)(A) is applicable
to all renewable fuel producers and requires submissions of information
on any process heat fuel that is used at a renewable fuel facility.
Examples of process heat fuel include biomass, biogas, coal, and
natural gas. The information submitted on the type of process heat fuel
and its supply source will help EPA determine if a renewable fuel
facility qualifies as a grandfathered facility pursuant to Sec.
80.1403(d) and help verify a producer's fuel pathway pursuant to Table
1 to Sec.  80.1426.
    The required information in Sec.  80.1450(b)(1)(iv)(B) for
renewable fuel producers using biogas as process heat fuel will help
EPA verify the contractual pathway of the biogas from the supplier to
the renewable fuel facility for the purposes of confirming the
applicable fuel pathway pursuant to Table 1 to Sec.  80.1426 and to
Sec.  80.1426(f)(12).
    The information submitted under Sec.  80.1450(b)(1)(iv)(A) and
(b)(1)(iv)(B) will also help EPA in our evaluation of the engineering
review that is conducted and submitted by an independent third party
engineer pursuant to Sec.  80.1450(b)(2). Since the requirements for
the process heat fuel supply plan have been revised and relocated
within the regulations, the requirements stipulated in the original
Sec.  80.1450(b)(3)(ii) through (iv) have been deleted to avoid
redundancy.

K. Updating Registration To Account for Facility Changes Not Affecting
the Renewable Fuel Category

    Section 80.1450(d)(2) currently requires producers of renewable
fuel to update their facility registration seven (7) days prior to any
change to the facility that does not affect the renewable fuel category
for which the producer is registered. EPA is revising Sec.
80.1450(d)(2) to narrow the scope of changes that would require a
producer to update their registration. The revisions clarify that not
just any change, but only changes to the facility that actually affect
the information submitted to EPA in the producer's original
registration, will trigger such a registration update.

L. Applicability of the Renewable Biomass Aggregate Compliance Approach

    Sections 80.1451 and 80.1454 include requirements for renewable
fuel producers to report and maintain records to affirm that their
feedstocks meet the definition of renewable biomass and come from
qualifying land. Through amendments to these two sections, EPA is
clarifying our intent, as discussed in the preamble to the final RFS2
regulations, that producers, either domestic or foreign, who use crops
and crop residue from existing U.S. agricultural land are covered by
the renewable biomass aggregate compliance approach for those
particular feedstocks, as described in Sec.  80.1454(g), and need not
keep detailed records or report to EPA concerning whether those
particular feedstocks meet the definition of renewable biomass.
However, if a producer (domestic or foreign) uses any type of feedstock
other than crops and crop residue from existing U.S. agricultural land,
then he or she must keep records and report to EPA to demonstrate that
their feedstocks meet the definition of renewable biomass. This
includes maintaining records that show that the feedstock type is one
allowed under the renewable biomass definition under the RFS2
regulations and that the feedstock is harvested from qualifying lands,
where applicable.

M. Additional Recordkeeping Requirements for Renewable Fuel Producers
Using Separated Yard and Food Waste as a Feedstock

    Section 80.1454(d)(3) currently requires that domestic renewable
fuel producers using feedstock other than planted trees or tree residue
from actively managed tree plantations, slash or pre-commercial
thinnings from non-federal forestland, biomass from areas at risk of
wildfire, crops or crop residue covered by the aggregate compliance
approach under Sec.  80.1454(g), or any feedstock covered by an
alternative biomass tracking approach under Sec.  80.1454(h) must
maintain documents from their feedstock supplier certifying that their
feedstocks meet the definition of renewable biomass. While separated
yard and food waste falls into this category, parties using these
feedstocks are also subject to the additional recordkeeping
requirements in Sec.  80.1454(j). Therefore, EPA is revising Sec.
80.1454(d)(3) to clarify that renewable fuel producers that use
separated yard and food waste as a feedstock are subject to the
additional requirements in Sec.  80.1454(j).

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    It has been determined that this action is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The corrections, clarifications, and modifications to the final RFS2
regulations contained in this rule are within the scope of the
information collection requirements submitted to the Office of
Management and Budget (OMB) for the final RFS2 regulations. OMB has
partially approved the information collection requirements contained in
the existing regulations at 40 CFR part 80, subpart M under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0637. The remaining RFS2
information collection requirements are currently pending approval at
OMB (EPA ICR No. 2333.02). The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the

Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this action on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This direct
final rule will not impose any requirements on small entities that were
not already considered under the final RFS2 regulations, as it makes
relatively minor corrections and modifications to those regulations.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
We have determined that this action will not result in expenditures of
$100 million or more for the above parties and thus, this rule is not
subject to the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. It only applies to
gasoline, diesel, and renewable fuel producers, importers, distributors
and marketers and makes relatively minor corrections and modifications
to the RFS2 regulations.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action only applies to
gasoline, diesel, and renewable fuel producers, importers, distributors
and marketers and makes relatively minor corrections and modifications
to the RFS2 regulations. Thus, Executive Order 13132 does not apply to
this action.

F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    This direct final rule does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It
applies to gasoline, diesel, and renewable fuel producers, importers,
distributors and marketers. This action makes relatively minor
corrections and modifications to the RFS regulations, and does not
impose any enforceable duties on communities of Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it does not establish an environmental standard intended
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 18355 (May
22, 2001)), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These technical amendments do not relax the control
measures on sources regulated by the RFS regulations and therefore will
not cause emissions increases from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

L. Clean Air Act Section 307(d)

    This rule is subject to Section 307(d) of the CAA. Section
307(d)(7)(B) provides that ``[o]nly an objection to a rule or procedure
which was raised with reasonable specificity during the period for
public comment (including any public hearing) may be raised during
judicial review.'' This section also provides a mechanism for the EPA
to

convene a proceeding for reconsideration, ``[i]f the person raising an
objection can demonstrate to the EPA that it was impracticable to raise
such objection within [the period for public comment] or if the grounds
for such objection arose after the period for public comment (but
within the time specified for judicial review) and if such objection is
of central relevance to the outcome of the rule.'' Any person seeking
to make such a demonstration to the EPA should submit a Petition for
Reconsideration to the Office of the Administrator, U.S. EPA, Room
3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC
20460, with a copy to both the person(s) listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Director of the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A), U.S.
EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Agriculture, Air pollution control, Confidential business information,
Diesel Fuel, Energy, Forest and Forest Products, Fuel additives,
Gasoline, Imports, Motor vehicle pollution, Penalties, Petroleum,
Reporting and recordkeeping requirements.

    Dated: April 30, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set forth in the preamble, 40 CFR part 80 is amended as
follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7542, 7545, and 7601(a).

0
2. Section 80.1401 is amended as follows:
0
a. By revising the definitions of ``Advanced biofuel'', ``Biogas'',
``Combined heat and power (CHP)'', ``Corn oil extraction'', ``Exporter
of renewable fuel'', ``Forestland'', ``Naphtha'', ``Non-ester renewable
diesel'', ``Pastureland'', ``Pre-commercial thinnings'', ``Renewable
Identification Number (RIN)'', and ``Transportation fuel''.
0
b. By removing the definitions of ``Fractionation of feedstocks'' and
``Yard waste''.
0
c. By adding definitions of ``Actual peak capacity'', ``Baseline
volume'', ``Corn oil fractionation'', Foreign ethanol producer'',
``Membrane separation'', ``Permitted capacity'', ``Raw starch
hydrolysis'', and ``Renewable electricity'', in alphabetical order.

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.
    (1) For facilities that commenced construction prior to December
19, 2007, the actual 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 actual peak capacity is based on
any calendar year after startup during the first three years of
operation.
    (3) For all other facilities not included above, 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.
    Advanced biofuel means renewable fuel, other than ethanol derived
from cornstarch, that has lifecycle greenhouse gas emissions that are
at least 50 percent less than baseline lifecycle greenhouse gas
emissions.
* * * * *
    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.
* * * * *
    Biogas means a mixture of hydrocarbons that is a gas at 60 degrees
Fahrenheit and 1 atmosphere of pressure that is produced through the
conversion of organic matter. Only biogas that is used as renewable
fuel can generate RINs. Biogas includes propane, landfill gas, manure
digester gas, and sewage waste treatment gas.
* * * * *
    Combined heat and power (CHP), also known as cogeneration, refers
to industrial processes in which waste heat from the production of
electricity is used for process energy in the renewable fuel production
facility.
* * * * *
    Corn oil extraction means the recovery of corn oil from the thin
stillage and/or the distillers grains and solubles produced by a dry
mill corn ethanol plant, most often by mechanical separation.
    Corn oil fractionation means a process whereby seeds are divided in
various components and oils are removed prior to fermentation for the
production of ethanol.
* * * * *
    Exporter of renewable fuel means:
    (1) A person that transfers any renewable fuel from a location
within the contiguous 48 states or Hawaii to a location outside the
contiguous 48 states and Hawaii; and
    (2) A person that transfers any renewable fuel from a location in
the contiguous 48 states or Hawaii to Alaska or a United States
territory, unless that state or territory has received an approval from
the Administrator to opt-in to the renewable fuel program pursuant to
Sec.  80.1443.
* * * * *
    Foreign ethanol 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 ethanol for use in transportation fuel, heating
oil, or jet fuel but who does not add denaturant to their product as
described in paragraph (2) of the definition of renewable fuel in this
section.
    Forestland is generally undeveloped land covering a minimum area of
1 acre upon which the primary vegetative species are trees, including
land that formerly had such tree cover and that will be regenerated and
tree plantations. Tree-covered areas in intensive agricultural crop
production settings, such as fruit orchards, or tree-covered areas in
urban settings, such as city parks, are not considered forestland.
* * * * *
    Membrane separation means the process of dehydrating ethanol to
fuel grade (> 99.5% purity) using a hydrophilic membrane.
* * * * *
    Naphtha means a blendstock or fuel blending component falling
within the boiling range of gasoline.
* * * * *
    Non-ester renewable diesel, also known as renewable diesel, means
renewable fuel which is all of the following:
    (1) A fuel which can be used in an engine designed to operate on
conventional diesel fuel, or be heating oil or jet fuel.
    (2) Not a mono-alkyl ester.
* * * * *

    Pastureland is land managed for the production of select indigenous
or introduced forage plants for livestock grazing or hay production,
and to prevent succession to other plant types.
    Permitted capacity means 105% of the maximum permissible volume
output of renewable fuel that is allowed under operating conditions
specified in the most restrictive of all applicable preconstruction,
construction and operating permits issued by regulatory authorities
(including local, regional, state or a foreign equivalent of a state,
and federal permits, or permits issued by foreign governmental
agencies) that govern the construction and/or operation of the
renewable fuel facility, based on an annual volume output in a calendar
year basis. If the permit specifies maximum rated volume output on an
hourly basis, then annual volume output is determined by multiplying
the hourly output by 8,322 hours per year.
    (1) For facilities that commenced construction prior to December
19, 2007, the permitted capacity is based on permits issued or revised
no later than December 19, 2007.
    (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 permitted capacity is based on
permits issued or revised no later than December 31, 2009.
    (3) For facilities other than those described in paragraphs (1) and
(2) of this definition, permitted capacity is based on the most recent
applicable permits.
* * * * *
    Pre-commercial thinnings are trees, including unhealthy or diseased
trees, removed to reduce stocking to concentrate growth on more
desirable, healthy trees, or other vegetative material that is removed
to promote tree growth.
    Raw starch hydrolysis means the process of hydrolyzing corn starch
into simple sugars at low temperatures, generally not exceeding 100
[deg]F (38 [deg]C), using enzymes designed to be effective under these
conditions.
* * * * *
    Renewable electricity means electricity that meets the definition
of renewable fuel.
* * * * *
    Renewable Identification Number (RIN), is a unique number generated
to represent a volume of renewable fuel pursuant to Sec. Sec.  80.1425
and 80.1426.
    (1) Gallon-RIN is a RIN that represents an individual gallon of
renewable fuel used for compliance purposes pursuant to Sec.  80.1427
to satisfy a renewable volume obligation.
    (2) Batch-RIN is a RIN that represents multiple gallon-RINs.
* * * * *
    Transportation fuel means fuel for use in motor vehicles, motor
vehicle engines, nonroad vehicles, or nonroad engines (except fuel for
use in ocean-going vessels).
* * * * *

0
3. Section 80.1403 is amended as follows:
0
a. By revising paragraph (a).
0
b. By revising paragraph (c)(2).
0
c. By revising paragraphs (d) introductory text and (d)(3).

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

    (a) For purposes of this section, the following definitions apply:
    (1) Commence construction, as applied to facilities that produce
renewable fuel, means that:
    (i) The owner or operator has all necessary preconstruction
approvals or permits (as defined at 40 CFR 52.21(b)(10)), and has
satisfied either of the following:
    (A) Begun, or caused to begin, a continuous program of actual
construction on-site (as defined in 40 CFR 52.21(b)(11)).
    (B) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
facility.
    (ii) For multi-phased projects, the commencement of construction of
one phase does not constitute commencement of construction of any later
phase, unless each phase is mutually dependent for physical and
chemical reasons only.
    (2) [Reserved]
* * * * *
    (c) * * *
    (2) Completed construction by December 19, 2010.
    (d) The baseline volume of ethanol that is produced from facilities
and any expansions all of which commenced construction after December
19, 2007 and on or before December 31, 2009, shall not be subject to
the requirement that lifecycle greenhouse gas emissions be at least 20
percent less than baseline lifecycle greenhouse gas emissions if such
facilities are fired with natural gas, biomass, or a combination
thereof at all times the facility operated between December 19, 2007
and December 31, 2009 and if:
* * * * *
    (3) The baseline volume continues to be produced through processes
fired with natural gas, biomass, or any combination thereof.
* * * * *

0
4. Section 80.1405 is amended by revising paragraph (c) to read as
follows:

Sec.  80.1405  What are the Renewable Fuel Standards?

* * * * *
    (c) EPA will calculate the annual renewable fuel percentage
standards using the following equations:
[GRAPHIC] [TIFF OMITTED] TR10MY10.001

[GRAPHIC] [TIFF OMITTED] TR10MY10.002

[GRAPHIC] [TIFF OMITTED] TR10MY10.003

[GRAPHIC] [TIFF OMITTED] TR10MY10.004

Where:

StdCB,i = The cellulosic biofuel standard for year i, in
percent.
StdBBD,i = The biomass-based diesel standard for year i,
in percent.
StdAB,i = The advanced biofuel standard for year i, in
percent.
StdRF,i = The renewable fuel standard for year i, in
percent.
RFVCB,i = Annual volume of cellulosic biofuel required by
section 211(o)(2)(B) of the Clean Air Act for year i, or volume as
adjusted pursuant to section 211(o)(7)(D) of the Clean Air Act, in
gallons.
RFVBBD,i = Annual volume of biomass-based diesel required
by section 211(o)(2)(B) of the Clean Air Act for year i, in gallons.
RFVAB,i = Annual volume of advanced biofuel required by
section 211(o)(2)(B) of the Clean Air Act for year i, in gallons.
RFVRF,i = Annual volume of renewable fuel required by
section 211(o)(2)(B) of the Clean Air Act for year i, in gallons.
Gi = Amount of gasoline projected to be used in the 48
contiguous states and Hawaii, in year i, in gallons.
Di = Amount of diesel projected to be used in the 48
contiguous states and Hawaii, in year i, in gallons.
RGi = Amount of renewable fuel blended into gasoline that
is projected to be consumed in the 48 contiguous states and Hawaii,
in year i, in gallons.
RDi = Amount of renewable fuel blended into diesel that
is projected to be consumed in the 48 contiguous states and Hawaii,
in year i, in gallons.
GSi = Amount of gasoline projected to be used in Alaska
or a U.S. territory, in year i, if the state or territory has opted-
in or opts-in, in gallons.
RGSi = Amount of renewable fuel blended into gasoline
that is projected to be consumed in Alaska or a U.S. territory, in
year i, if the state or territory opts-in, in gallons.
DSi = Amount of diesel projected to be used in Alaska or
a U.S. territory, in year i, if the state or territory has opted-in
or opts-in, in gallons.
RDSi = Amount of renewable fuel blended into diesel that
is projected to be consumed in Alaska or a U.S. territory, in year
i, if the state or territory opts-in, in gallons.
GEi = The amount of gasoline projected to be produced by
exempt small refineries and small refiners, in year i, in gallons in
any year they are exempt per Sec. Sec.  80.1441 and 80.1442,
respectively. Assumed to equal 0.119*(Gi-RGi).
DEi = The amount of diesel fuel projected to be produced
by exempt small refineries and small refiners in year i, in gallons,
in any year they are exempt per Sec. Sec.  80.1441 and 80.1442,
respectively. Assumed to equal 0.152*(Di-RDi).
* * * * *

0
5. Section 80.1406 is amended by revising paragraphs (c)(1) and (f) to
read as follows:

Sec.  80.1406  Who is an obligated party under the RFS program?

* * * * *
    (c) * * *
    (1) Except as provided in paragraphs (c)(2), (d) and (e) of this
section, an obligated party may comply with the requirements of
paragraph (b) of this section in the aggregate for all of the
refineries that it operates, or for each refinery individually.
* * * * *
    (f) Where a refinery or import facility is jointly owned by two or
more parties, the requirements of paragraph (b) of this section may be
met by one of the joint owners for all of the gasoline or diesel fuel
produced/imported at the facility, or each party may meet the
requirements of paragraph (b) of this section for the portion of the
gasoline or diesel fuel that it produces or imports, as long as all of
the gasoline or diesel fuel produced/imported at the facility is
accounted for in determining the Renewable Volume Obligations under
Sec.  80.1407. In either case, all joint owners are subject to the
liability provisions of Sec.  80.1461(d).
* * * * *

0
6. Section 80.1415 is amended as follows:
0
a. By revising paragraph (a).
0
b. By revising paragraphs (b)(5) and (b)(6).
0
c. By revising paragraph (c)(1).

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

    (a)(1) Each gallon of a renewable fuel, or gallon equivalent
pursuant to paragraph (b)(5) or (b)(6) of this section, shall be
assigned an equivalence value by the producer or importer pursuant to
paragraph (b) or (c) of this section.
    (2) The equivalence value is a number that is used to determine how
many gallon-RINs can be generated for a gallon of renewable fuel
according to Sec.  80.1426.
    (b) * * *
    (5) 77,000 Btu (lower heating value) of biogas shall represent one
gallon of renewable fuel with an equivalence value of 1.0.
    (6) 22.6 kW-hr of electricity shall represent one gallon of
renewable fuel with an equivalence value of 1.0.
* * * * *
    (c) * * *
    (1) The equivalence value for renewable fuels described in
paragraph (b)(7) of this section shall be calculated using the
following formula:

EV = (R/0.972) * (EC/77,000)

Where:

EV = Equivalence Value for the renewable fuel, rounded to the
nearest tenth.
R = Renewable content of the renewable fuel. This is a measure of
the portion of a renewable fuel that came from renewable biomass,
expressed as a fraction, on an energy basis.
EC = Energy content of the renewable fuel, in Btu per gallon (lower
heating value).
* * * * *

0
7. Section 80.1416 is revised to read as follows:

Sec.  80.1416  Petition process for evaluation of new renewable fuels
pathways.

    (a) Pursuant to this section, a party may petition EPA to assign a
D code for their renewable fuel if any of the following apply:
    (1) The renewable fuel pathway has not been evaluated by EPA to
determine if it qualifies for a D code pursuant to Sec.  80.1426(f).
    (2) The renewable fuel pathway has been determined by EPA not to
qualify for a D code pursuant to Sec.  80.1426(f) and the party can
document significant differences between their fuel production
processes and the fuel production processes already considered by EPA.
    (3) The renewable fuel pathway has been determined to qualify for a
certain D code pursuant to Sec.  80.1426(f) and the party can document
significant differences between their fuel production processes and the
fuel production processes already considered by EPA that may qualify
their fuel pathway for a different D code.
    (b)(1) Any petition under paragraph (a) of this section shall
include all the following:
    (i) The information specified under Sec.  80.76.
    (ii) A technical justification that includes a description of the