proposed in the 2016 REGS rule. Instead, we are accomplishing the same
result by leaving the definition of ``cellulosic diesel'' as-is and are
adding a new term, ``co-processed cellulosic diesel,'' which is, among
other things, a renewable fuel that meets the definitions of cellulosic
biofuel and either biodiesel or non-ester renewable diesel.\240\
Importantly, co-processed cellulosic diesel can be produced as a result
of co-processing cellulosic feedstocks with petroleum and is eligible
for D-code 3 RINs, but not D-code 7 RINs. It is thus ``co-processed
cellulosic diesel, jet fuel, and heating oil'' that we are adding to
row M of Table 1 to 40 CFR 80.14626.
---------------------------------------------------------------------------

    \239\ 81 FR 80927 (November 16, 2016).
    \240\ This new definition for ``co-processed cellulosic diesel''
is essentially the same as the revised definition of ``cellulosic
diesel'' that we proposed in the 2016 REGS proposal; creating a new
term rather than revising an existing definition allows us to avoid
legacy issues within our IT system.
---------------------------------------------------------------------------

7. Other Revisions to the Fuels Program
a. Testing Revisions
    We are removing the requirement for periodic resubmitting of non-
voluntary consensus standard body (non-VCSB) test methods that have not
been approved by VCSBs in 40 CFR 80.585(d)(4). Currently, non-VCSB test
methods are required to resubmit accuracy and precision qualification
information every 5 years if the non-VCSB test method has not been
approved by a VCSB organization. At this time, VCSBs, such as ASTM,
have yet to qualify any non-VCSB test methods for measuring the sulfur
content in diesel, gasoline, or butane. Moreover, we require minimal
statistical quality control requirements on every

type test method approved under the diesel sulfur accuracy and
precision requirements \241\ to ensure proper test method
instrumentation use is as intended in practice. We are, therefore,
amending the regulatory requirement by eliminating the provision for
non-VCSB test methods to re-submit accuracy and precision qualification
information every 5 years.
---------------------------------------------------------------------------

    \241\ See 40 CFR 80.584.
---------------------------------------------------------------------------

    We are also removing the sunset date for designated primary test
methods in 40 CFR 80.47. EPA fuels regulations exempted those
designated primary test methods that were in use prior to October 28,
2013, from meeting the accuracy and precision qualification
requirements.\242\ We provided this sunset exemption date in the Tier 3
final rule because we were confident that test facilities were
utilizing designated primary test methods prior to this date. However,
since the statistical quality control (SQC) requirements at 40 CFR
80.47 are intended to ensure proper utilization of designated primary
test methods in practice, we are removing this sunset exemption date.
This action exempts all designated primary test methods from the
accuracy and precision requirements of 40 CFR 80.47.
---------------------------------------------------------------------------

    \242\ See, e.g., 40 CFR 80.47(j)(2).
---------------------------------------------------------------------------

b. Oxygenate Added Downstream in Tier 3
    After the Tier 3 final rule was published,\243\ we received several
questions concerning the language at 40 CFR 80.1603(d) about accounting
for downstream oxygenate blending in refiners' and importers' average
annual sulfur calculations. Specifically, some refiners asked whether
40 CFR 80.1603(d) is consistent with the related reformulated gasoline
(RFG) provisions for downstream oxygenate blending in 40 CFR 80.69.
Currently, refiners may certify RFG after the addition of oxygenate to
the reformulated blendstock for oxygenate blending (RBOB) sample at the
refinery lab (creating a so-called ``hand blend''), as allowed in 40
CFR 80.69(a). The Tier 3 regulations at 40 CFR 80.1603(d) require that
refiners and importers account for downstream oxygenate blending to any
gasoline or blendstock for oxygenate blending (BOB) by volume weighting
the sulfur content of the gasoline or BOB with the sulfur content of
the added oxygenate. Under the Tier 3 regulations, refiners and
importers may either rely upon test results of batches of oxygenate
supplied by the producer of the oxygenate or use an assumed value of
5.00 ppm added at 10 volume percent ethanol concentration if actual
sulfur results are not available. These refiners and importers
suggested that the regulatory language at 40 CFR 80.1603(d) may be
interpreted to continue to allow the use of hand-blended RBOB samples
for determining oxygenate sulfur content added downstream by arguing
that the language at 40 CFR 80.1603(d) only applied to conventional
gasoline and conventional blendstock for oxygenate blending (CBOB).
---------------------------------------------------------------------------

    \243\ See 79 FR 23414 (April 28, 2014).
---------------------------------------------------------------------------

    We intended for the downstream oxygenate blending regulations at 40
CFR 80.1603(d) to apply to all gasoline and BOBs, not just conventional
gasoline and CBOB. In the preamble to the Tier 3 final rule, we
explained that the ``final rule requires that in determining their
compliance with today's sulfur standards, refiners and importers must
either use the actual sulfur content of the denatured fuel ethanol
(DFE) established through testing of the DFE actually blended or assume
a 5 ppm sulfur content for the DFE added downstream. To prevent
potential bias, a refiner or importer must choose to use only one
method during each annual compliance period.'' \244\ The regulations at
40 CFR 80.101(d)(4) set forth the criteria that a refiner must meet to
include downstream ethanol in their conventional gasoline compliance
calculations, and 40 CFR 80.69 sets forth the criteria a refiner must
meet to include downstream ethanol in their RFG or RBOB compliance
calculations. If a refiner satisfies these criteria, 40 CFR 80.1603(d)
sets forth the mechanism for accounting for downstream ethanol in
annual compliance calculations for all gasoline and BOBs. This section
of the regulations was designed to ensure that all refiners calculate
their annual average sulfur levels by including the ethanol that is
actually added to their gasoline or BOBs, or to use the default value
of 5 ppm sulfur content. This would alleviate the need for refiners to
use hand blends prepared with ethanol that has less sulfur than is
actually blended with the refiner's gasoline or BOB for their
compliance calculations.
---------------------------------------------------------------------------

    \244\ See 79 FR 23544 (April 28, 2014).
---------------------------------------------------------------------------

    Although we believe that 40 CFR 80.1603(d) clearly applies to all
gasoline and BOBs, not just RFG or RBOB, we are making minor amendments
to ensure that these requirements are as clear as possible to the
regulated community. We are also making minor amendments to the Tier 3
sulfur reporting requirements at 40 CFR 80.1652 to better accommodate
the inclusion of downstream oxygenate blending in annual average sulfur
compliance demonstrations. These added requirements will help align the
reported batch information with the annual average compliance report
and is necessary to ensure that refiners met both the per-gallon and
annual average sulfur standards.
c. Technical Corrections and Clarifications
    We are making numerous technical corrections to EPA's fuels
programs. These amendments are being made to correct inaccuracies and
oversights in the current regulations. These changes are described in
Table IX.F.7-2 below.

 Table IX.F.7-2--Miscellaneous Technical Corrections and Clarifications
                               to Title 40
------------------------------------------------------------------------
      Part and section of Title 40           Description of revision
------------------------------------------------------------------------
79.51(f)(6)(iii), 79.59(a)(1),           Redirecting the mailing
 80.27(e)(1)(i), 80.69(a)(11)(viii)(C),   addresses to the new address
 80.93(d)(4), 80.174(b), 80.174(c),       section in 80.10.
 80.235(b), 80.290(b), 80.533(b),
 80.574(b), 80.595(b), 80.607(a),
 80.855(c)(2), 80.1285(b), 80.1340(b),
 80.1415(c)(4), 80.1441(h), 80.1442(i),
 80.1443(d)(2), 80.1449(d),
 80.1454(h)(6)(iii), 80.1501(b)(5)(i),
 80.1501(b)(5)(ii), 80.1622(g),
 80.1625(c)(2), and 80.1656(h).
80.10..................................  Adding a new address section
                                          that reflects the address
                                          change.
80.27(b)...............................  Clarifying the Performance-
                                          Based Analytical Test Method
                                          Approach (PBATMA)
                                          implementation for Reid vapor
                                          pressure (RVP) compliance
                                          assurance measurements.

80.46..................................  Clarifying that the PBATMA
                                          requirements in 80.47 are now
                                          effective, removing the VCSB
                                          alternative analytical test
                                          methods from 80.46, as the
                                          VCSB analytical test methods
                                          in 80.46 must now meet the
                                          requirements in 80.47.
80.47(b)(2)(i) and 80.47(b)(2)(ii).....  Clarifying accuracy criterion
                                          for sulfur in gasoline by
                                          adding examples with accuracy
                                          criterion.
80.47(b)(3), 80.47(c)(3), 80.47(d)(2),   Removing the reference to the
 80.47(e)(2), 80.47(f)(2), 80.47(g)(2),   October 28, 2013, date and
 80.47(h)(2), 80.47(i)(2), 80.47(j)(2),   making the designated primary
 and 80.47(l)(4).                         test methods exempt from the
                                          applicable accuracy and
                                          precision requirements of 40
                                          CFR 80.47, given that there
                                          are SQC requirements for these
                                          methods that will verify if
                                          they are being carried out
                                          properly.
80.47(c)(2)(i) and 80.47(c)(2)(ii).....  Clarifying accuracy criterion
                                          for sulfur in butane by adding
                                          examples with accuracy
                                          criterion.
80.47(l)(2)(i).........................  Clarifying that test facilities
                                          meet applicable precision
                                          requirements for VCSB method
                                          defined and non-VCSB absolute
                                          fuel parameters.
80.47(n)(1)(i), 80.47(o)(1)(i),          Removing the accuracy SQC
 80.47(p)(1)(i), and 80.47(p)(2)(i).      requirement for pre-treatment
                                          and assessment of results from
                                          the check standard testing
                                          after at least 15 testing
                                          occasions as described in
                                          section 8.2 of ASTM D6299.
80.47(n)(1)(ii), 80.47(o)(1)(ii), and    Clarifying the expanded
 80.47(p)(1)(ii).                         uncertainty of the accepted
                                          reference value of consensus
                                          named fuels shall be included
                                          in the accuracy SQC
                                          qualification criterion.
80.47(o)(1)(i).........................  Clarifying participation in a
                                          commercially available Inter
                                          Laboratory Crosscheck Program
                                          (ILCP) at least three times a
                                          year meeting the ASTM D6299
                                          requirements for ILCP check
                                          standards that meet the
                                          requirements for absolute
                                          differences between test
                                          results and the accepted
                                          reference value of the check
                                          standard based on the
                                          designated primary test method
                                          obtained through participation
                                          in the ILCP satisfies the
                                          accuracy SQC requirement as
                                          well as appropriate
                                          calculation for adherence to
                                          SQC criteria. Also clarifying
                                          the accuracy SQC criteria is
                                          0.75 times the published
                                          reproducibility of the
                                          applicable designated primary
                                          test method for each method
                                          defined fuel parameter to be
                                          consistent with non-VCSB
                                          method defined fuel parameter
                                          accuracy SQC requirements.
80.47(n)(2)(i), 80.47(o)(2)(i), and      Clarification in Precision SQC
 80.47(p)(3)(i).                          requirements that the test
                                          facility's long term precision
                                          standard deviation, as
                                          demonstrated by control
                                          charts, is expected to meet
                                          applicable precision criterion
                                          for the test method.
80.585(d)(1) and (2)...................  Removing reference to expired
                                          provisions related to approval
                                          of test methods approved by
                                          VCSBs.
80.1240(a)(1)(i) and 80.1603(f)(1).....  Clarifying that gasoline
                                          benzene and sulfur credits
                                          must be used for compliance
                                          purposes (i.e., retired)
                                          instead of simply being
                                          obtained.
80.1401................................  Adding definition of foreign
                                          renewable fuel producer, non-
                                          renewable feedstock, non-RIN-
                                          generating foreign producer,
                                          and RIN-generating foreign
                                          producer; amended by revising
                                          the definition of foreign
                                          ethanol producer and renewable
                                          fuel.
80.1426(a)(2), 80.1426(c)(4)-(5),        Applying the new and revised
 80.1450(b), 80.1450(d)(1), 80.1451(b),   definitions in 80.1401.
 80.1451(b)(1)(ii)(D),
 80.1451(g)(1)(ii)(D), 80.1454(q),
 80.1466, 80.1472(b)(3)(i),
 80.1472(b)(3)(ii)(B), and
 80.1472(b)(3)(iii).
80.1440................................  Adding a new paragraph related
                                          to RIN responsibilities for
                                          renewable fuel used for
                                          purposes subject to national
                                          security exemptions.
80.1450(b)(1)(ix)(A),                    Clarifying the term
 80.1451(b)(1)(ii)(I),                    ``denaturant'' to mean
 80.1451(g)(1)(ii)(I), 80.1452(b)(11),    ``ethanol denaturant.''
 and 80.1464(b)(1)(ii).
80.1450(g)(9)..........................  Clarifying the third-party
                                          auditor registration updates
                                          language to make QAP updates
                                          consistent with registration
                                          updates.
80.1466(d)(3)(ii)......................  Revising erroneous reference
                                          for third-party independence
                                          requirements from
                                          80.65(e)(2)(iii) to
                                          80.65(f)(2)(iii).
80.1469(f)(1)..........................  Clarifying to clearly link
                                          updates to quality assurance
                                          plans with updates to a third-
                                          party auditor's registration
                                          under 80.1450(g)(9).
80.1501(b)(3)(i).......................  Clarifying that the word
                                          ``ATTENTION'' should be in
                                          black font, not orange.
80.1600................................  Removing the duplicative
                                          definition of ``Ethanol
                                          denaturant,'' which is already
                                          defined in 80.2(iiii).
80.1609(a).............................  Revising cross-reference to
                                          80.1603(d)(3).
80.1616(c)(3)..........................  Clarifying that Tier 2 credits
                                          generated from January 1, 2017
                                          through December 31, 2019,
                                          must be used between January
                                          1, 2017 and December 31, 2019.
80.1650(b)(3)..........................  Clarifying that the oxygenate
                                          blender registration dates
                                          also apply to persons who
                                          blend oxygenate into CBOB and
                                          conventional gasoline.
80.1650(e)(1)(iii)(A) and                Clarifying that records are
 80.1650(g)(1)(iii)(A).                   kept at the oxygenate
                                          production ``facility''
                                          (instead of the oxygenate
                                          production ``refinery'').
------------------------------------------------------------------------

X. Public Participation

    Many interested parties participated in the rulemaking process that
culminates with this final rule. This process provided opportunity for
submitting written public comments following the proposal that we
published on July 29, 2019 (84 FR 36762) and the supplemental notice of
proposed rulemaking published on October 28, 2019. We also held public
hearings on July 31, 2019 and October 30, 2019, at which many parties
provided both verbal and written testimony. All comments received, both
verbal and written, are available in Docket ID No. EPA-HQ-OAR-2019-0136
and we considered these comments in developing the final rule. Public
comments and EPA responses are discussed throughout this preamble and
in the accompanying RTC document, which is available in the docket for
this action.

XI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket. EPA prepared an analysis of illustrative costs associated with
the 2020 percentage standards. This analysis is presented in Section V.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is considered an Executive Order 13771 regulatory
action. Details on the estimated costs of the 2020 percentage standards
can be found in EPA's analysis of the illustrative costs. This analysis
is presented in Section V.

C. Paperwork Reduction Act (PRA)

    The existing Information Collection Request (ICR) covering the RFS
program is entitled ``Recordkeeping and Reporting for the Renewable
Fuel Standard Program,'' EPA ICR No. 2546.01, OMB Control Number 2060-
0725; expires August 31, 2022. The existing RFS ICR covers
registration, recordkeeping, and reporting requirements currently in 40
CFR part 80, subpart M. The changes affecting RVO calculations will not
change the recordkeeping and reporting burdens vis-[agrave]-vis the
existing collection. However, certain of the amendments in this action
will result in an additional burden. The information collection
activities related to the amendments to the RFS regulations in this
rule have been submitted for approval to the Office of Management and
Budget (OMB) under the PRA. You can find a copy of the ICR in the
docket for this rule, identified by EPA ICR Number 2595.02, OMB Control
Number 2060-NEW, and it is briefly summarized here. The parties for
whom we anticipate an increase in burden are generally described as RIN
generators (specifically, those who are producers of renewable fuel)
due the amendments related to pathways, and those who are generally
described as obligated parties (specifically, those who are refiners
and importers) due to the provisions for certified NTDF. The supporting
statement clearly indicates the amendments and includes detailed tables
with regulatory burden laid out by type of party, regulatory citation,
description of information to be collected, estimated burden in hours
and dollars, and reporting form or format. Certain amendments in this
action are related to non-RFS fuels programs, but these amendments are
mostly technical corrections (e.g., address corrections) and do not
impose any additional recordkeeping and reporting burden.
The Following Summarizes the Burden
    Respondents/affected entities: The respondents to this information
collection are RIN generators and obligated parties under the RFS
program, and fall into the following general industry categories:
Petroleum refineries, ethyl alcohol manufacturers, other basic organic
chemical manufacturing, chemical and allied products merchant
wholesalers, petroleum bulk stations and terminals, petroleum and
petroleum products merchant wholesalers, gasoline service stations, and
marine service stations.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 6,042.
    Total number of responses: 357,512.
    Frequency of response: Annually and occasionally.
    Total estimated burden: 32,548 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $3,511,813 (per year).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves
this ICR, EPA will announce that approval in the Federal Register and
publish a technical amendment to 40 CFR part 9 to display the OMB
control number for the approved information collection activities
contained in this final rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule.
    With respect to the amendments to the RFS regulations and other
fuels programs, this action makes relatively minor corrections and
modifications to those regulations, and we do not anticipate that there
will be any significant adverse economic impact on directly regulated
small entities.
    The small entities directly regulated by the annual percentage
standards associated with the RFS volumes are small refiners, which are
defined at 13 CFR 121.201. With respect to the 2020 percentage
standards, we have evaluated the impacts on small entities from two
perspectives: As if the standards were a standalone action or if they
are a part of the overall impacts of the RFS program as a whole.
    When evaluating the standards as if they were a standalone action
separate and apart from the original rulemaking that established the
RFS2 program, the standards could be viewed as increasing the
cellulosic biofuel, advanced biofuel, and total renewable fuel volume
requirements by 170 million gallons between 2019 and 2020. To evaluate
the impacts of the volume requirements on small entities relative to
2019, we have conducted a screening analysis \245\ to assess whether we
should make a finding that this action will not have a significant
economic impact on a substantial number of small entities. Currently
available information shows that the impact on small entities from
implementation of this rule will not be significant. We have reviewed
and

assessed the available information, which shows that obligated parties,
including small entities, are generally able to recover the cost of
acquiring the RINs necessary for compliance with the RFS standards
through higher sales prices of the petroleum products they sell than
would be expected in the absence of the RFS program.\246\ This is true
whether they acquire RINs by purchasing renewable fuels with attached
RINs or purchase separated RINs. The costs of the RFS program are thus
generally being passed on to consumers in the highly competitive
marketplace. Even if we were to assume that the cost of acquiring RINs
was not recovered by obligated parties, and we used the maximum values
of the costs discussed in Section V and the gasoline and diesel fuel
volume projections and wholesale prices from the October 2019 version
of EIA's Short Term Energy Outlook, along with current wholesale
biofuel prices, a cost-to-sales ratio test shows that the costs to
small entities of the RFS standards are far less than 1 percent of the
value of their sales.
---------------------------------------------------------------------------

    \245\ ``Screening Analysis for the Final Renewable Fuel
Standards for 2020,'' memorandum from Dallas Burkholder and Nick
Parsons to EPA Air Docket EPA-HQ-OAR-2018-0205.
    \246\ For a further discussion of the ability of obligated
parties to recover the cost of RINs see ``Denial of Petitions for
Rulemaking to Change the RFS Point of Obligation,'' EPA-420-R-17-
008, November 2017.
---------------------------------------------------------------------------

    While the screening analysis described above supports a
certification that this rule will not have a significant economic
impact on small refiners, we continue to believe that it is more
appropriate to consider the standards as a part of our ongoing
implementation of the overall RFS program. When considered this way,
the impacts of the RFS program as a whole on small entities were
addressed in the RFS2 final rule, which was the rule that implemented
the entire program as required by EISA 2007.\247\ As such, the Small
Business Regulatory Enforcement Fairness Act (SBREFA) panel process
that took place prior to the 2010 rule was also for the entire RFS
program and looked at impacts on small refiners through 2022.
---------------------------------------------------------------------------

    \247\ 75 FR 14670 (March 26, 2010).
---------------------------------------------------------------------------

    For the SBREFA process for the RFS2 final rule, we conducted
outreach, fact-finding, and analysis of the potential impacts of the
program on small refiners, which are all described in the Final
Regulatory Flexibility Analysis, located in the rulemaking docket (EPA-
HQ-OAR-2005-0161). This analysis looked at impacts to all refiners,
including small refiners, through the year 2022 and found that the
program would not have a significant economic impact on a substantial
number of small entities, and that this impact was expected to decrease
over time, even as the standards increased. For gasoline and/or diesel
small refiners subject to the standards, the analysis included a cost-
to-sales ratio test, a ratio of the estimated annualized compliance
costs to the value of sales per company. From this test, we estimated
that all directly regulated small entities would have compliance costs
that are less than one percent of their sales over the life of the
program (75 FR 14862, March 26, 2010).
    We have determined that this final rule will not impose any
additional requirements on small entities beyond those already
analyzed, since the impacts of this rule are not greater or
fundamentally different than those already considered in the analysis
for the RFS2 final rule assuming full implementation of the RFS
program. This rule increases the 2020 cellulosic biofuel, advanced
biofuel, and total renewable fuel volume requirements by 170 million
gallons relative to the 2019 volume requirements, but those volumes
remain significantly below the statutory volume targets analyzed in the
RFS2 final rule. Compared to the burden that would be imposed under the
volumes that we assessed in the screening analysis for the RFS2 final
rule (i.e., the volumes specified in the Clean Air Act), the volume
requirements in this rule reduce burden on small entities. Regarding
the BBD standard, we are maintaining the volume requirement for 2021 at
the same level as the 2020 volume requirement we finalized in the 2019
final rule.\248\ While this volume is an increase over the statutory
minimum value of 1 billion gallons, the BBD standard is a nested
standard within the advanced biofuel category, which we are
significantly reducing from the statutory volume targets. As discussed
in Section VI, the BBD volume requirement is below what is anticipated
to be produced and used to satisfy the advanced biofuel requirement.
The net result of the standards being finalized in this action is a
reduction in burden as compared to implementation of the statutory
volume targets assumed in the RFS2 final rule analysis.
---------------------------------------------------------------------------

    \248\ Moreover, we note that the 2021 BBD volume only
establishes the maximum BBD volume for that year and may be adjusted
in subsequent actions. This volume does not directly regulate any
entity. We intend to translate this volume, subject to any
appropriate adjustments, into a percentage standard in the 2021
annual rulemaking. We also acknowledge that today's action does
impose the 2020 BBD percentage standard. As we explain in Section VI
and in the preamble to the 2019 final rule, this percentage standard
is not practically binding, as we expect obligated parties to rely
on BBD RINs, in excess of this standard, to satisfy the 2020
advanced biofuel standard. Thus, any impact on directly regulated
entities from the 2020 BBD percentage standard is subsumed into the
impact of the 2020 advanced biofuel standard. As we explain in this
section and the screening memo, we find that the 2020 advanced
biofuel standard will not have a significant economic impact on a
substantial number of small entities under the RFA.
---------------------------------------------------------------------------

    While the rule will not have a significant economic impact on a
substantial number of small entities, there are compliance
flexibilities in the program that can help to reduce impacts on small
entities. These flexibilities include being able to comply through RIN
trading rather than renewable fuel blending, 20 percent RIN rollover
allowance (up to 20 percent of an obligated party's RVO can be met
using previous-year RINs), and deficit carry-forward (the ability to
carry over a deficit from a given year into the following year,
provided that the deficit is satisfied together with the next year's
RVO). In the RFS2 final rule, we discussed other potential small entity
flexibilities that had been suggested by the SBREFA panel or through
comments, but we did not adopt them, in part because we had serious
concerns regarding our authority to do so.
    Additionally, we realize that there may be cases in which a small
entity may be in a difficult financial situation and the level of
assistance afforded by the program flexibilities is insufficient. For
such circumstances, the program provides hardship relief provisions for
small entities (small refiners), as well as for small refineries.\249\
As required by the statute, the RFS regulations include a hardship
relief provision (at 40 CFR 80.1441(e)(2)) that allows for a small
refinery to petition for an extension of its small refinery exemption
at any time based on a showing that the refinery is experiencing a
``disproportionate economic hardship.'' EPA regulations provide similar
relief to small refiners that are not eligible for small refinery
relief (see 40 CFR 80.1442(h)). We have currently identified a total of
9 small refiners that own 11 refineries subject to the RFS program, all
of which are also small refineries.
---------------------------------------------------------------------------

    \249\ See CAA section 211(o)(9)(B).
---------------------------------------------------------------------------

    We evaluate these petitions on a case-by-case basis and may approve
such petitions if it finds that a disproportionate economic hardship
exists. In evaluating such petitions, we consult with the U.S.
Department of Energy and consider the findings of DOE's 2011 Small
Refinery Study and other economic factors. To date, EPA has adjudicated
petitions for exemption from 37 small refineries for the 2018 RFS
standards (10 of which are owned by a small refiner).\250\ We have not
yet

adjudicated any small refinery exemption petitions for the 2019 or 2020
RFS standards.
---------------------------------------------------------------------------

    \250\ Information about the number of SREs granted can be found
at: https://www.epa.gov/fuels-registration-reporting-and-compliance-help/rfs-small-refinery-exemptions.
---------------------------------------------------------------------------

    In sum, this final rule will not change the compliance
flexibilities currently offered to small entities under the RFS program
(including the small refinery hardship provisions we continue to
implement) and available information shows that the impact on small
entities from implementation of this rule will not be significant
viewed either from the perspective of it being a standalone action or a
part of the overall RFS program. We have therefore concluded that this
action will not have any significant adverse economic impact on
directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action
implements mandates specifically and explicitly set forth in CAA
section 211(o) and we believe that this action represents the least
costly, most cost-effective approach to achieve the statutory
requirements.

F. 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and affects transportation fuel refiners, blenders, marketers,
distributors, importers, exporters, and renewable fuel producers and
importers. Tribal governments will be affected only to the extent they
produce, purchase, or use regulated fuels. Thus, Executive Order 13175
does not apply to this action.

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

    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it implements specific standards established by Congress
in statutes (CAA section 211(o)) and does not concern an environmental
health risk or safety risk.

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

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action establishes the required
renewable fuel content of the transportation fuel supply for 2020,
consistent with the CAA and waiver authorities provided therein. The
RFS program and this rule are designed to achieve positive effects on
the nation's transportation fuel supply, by increasing energy
independence and security and lowering lifecycle GHG emissions of
transportation fuel.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This regulatory action does not affect the level of protection provided
to human health or the environment by applicable air quality standards.
This action does not relax the control measures on sources regulated by
the RFS and other fuels regulations.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).

XII. Statutory Authority

    Statutory authority for this action comes from sections 114, 203-
05, 208, 211, and 301 of the Clean Air Act, 42 U.S.C. 7414, 7522-24,
7542, 7545, and 7601.

List of Subjects

40 CFR Part 79

    Environmental protection, Fuel additives, Gasoline, Motor vehicle
pollution, Penalties, Reporting and recordkeeping requirements.

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

    Dated: December 19, 2019.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR parts
79 and 80 as follows:

PART 79--REGISTRATION OF FUEL AND FUEL ADDITIVES

0
1. The authority citation for part 79 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7524, 7545 and 7601.

Subpart F--Testing Requirements for Registration

0
2. Section 79.51 is amended by revising the last sentence of paragraph
(f)(6)(iii) to read as follows:

Sec.  79.51  General requirements and provisions.

* * * * *
    (f) * * *
    (6) * * *
    (iii) * * * The registrants' communications should be sent to the
following address: Attn: Fuel/Additives Registration, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code
6405A, Washington, DC 20460.
* * * * *

0
3. Section 79.59 is amended by revising the last sentence of paragraph
(a)(1) introductory text to read as follows:

Sec.  79.59  Reporting requirements.

    (a) * * *
    (1) * * * Forms for submitting this data may be obtained from EPA
at the following address: Attn: Fuel/Additives Registration, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Mail Code
6405A, Washington, DC 20460.
* * * * *

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

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

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Subpart A--General Provisions

0
5. Section 80.10 is added to read as follows:

Sec.  80.10  Addresses.

    (a) For submitting notifications, applications, petitions, or other
communications with EPA, use one of the following addresses for
mailing:
    (1) For U.S. Mail: Attn: [TITLE AS DIRECTED], U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code 6405A,
Washington, DC 20460.
    (2) For commercial service: Attn: [TITLE AS DIRECTED], U.S.
Environmental Protection Agency, William Jefferson Clinton Building
North, Mail Code 6405A, Room 6520V, 1200 Pennsylvania Ave. NW,
Washington, DC 20004; Phone: 1-800-385-6164.
    (b) [Reserved]

Subpart B--Controls and Prohibitions

0
6. Section 80.27 is amended by revising paragraphs (b) and (e)(1)(i) to
read as follows:

Sec.  80.27  Controls and prohibitions on gasoline volatility.

* * * * *
    (b) Determination of compliance. Compliance with the standards
listed in paragraph (a) of this section shall be determined by the use
of the sampling methodologies specified in Sec.  80.8 and the testing
methodology specified in Sec.  80.46(c) until December 31, 2015, and
Sec.  80.47 beginning January 1, 2016.
* * * * *
    (e) * * *
    (1) * * *
    (i) Any person may request a testing exemption by submitting an
application that includes all the information listed in paragraphs
(e)(3) through (6) of this section to the attention of ``Test
Exemptions'' to the address in Sec.  80.10(a).
* * * * *

Subpart D--Reformulated Gasoline

0
7. Section 80.46 is amended by:
0
a. Revising paragraphs (a), (b), (d), (e), (f), and (g); and
0
b. Removing and reserving paragraphs (h)(1)(iv), (v), (vii), (viii),
(x), (xiii), (xv), and (xvi).
    The revisions read as follows:

Sec.  80.46  Measurement of reformulated gasoline and conventional
gasoline fuel parameters.

    (a) Sulfur. Sulfur content of gasoline and butane must be
determined by use of the following methods:
    (1)(i) Through December 31, 2015, the sulfur content of gasoline
must be determined by ASTM D2622.
    (ii) Beginning January 1, 2016, the sulfur content of gasoline must
be determined by a test method approved under Sec.  80.47.
    (2)(i) Through December 31, 2015, the sulfur content of butane must
be determined by ASTM D6667.
    (ii) Beginning January 1, 2016, the sulfur content of butane must
be determined by a test method approved under Sec.  80.47.
    (b) Olefins. Olefin content must be determined by use of the
following methods:
    (1) Through December 31, 2015, olefin content must be determined
using ASTM D1319.
    (2) Beginning January 1, 2016, olefin content must be determined by
a test method approved under Sec.  80.47.
* * * * *
    (d) Distillation. Distillation parameters must be determined by use
of the following test methods:
    (1) Through December 31, 2015, distillation parameters must be
determined using ASTM D86.
    (2) Beginning January 1, 2016, distillation parameters must be
determined by a test method approved under Sec.  80.47. (Note: The
precision estimates for reproducibility in ASTM D86-12 do not apply;
see Sec.  80.47(h).)
    (e) Benzene. Benzene content must be determined by use of the
following test methods:
    (1) Through December 31, 2015, benzene content must be determined
using ASTM D3606, except that instrument parameters shall be adjusted
to ensure complete resolution of the benzene, ethanol, and methanol
peaks because ethanol and methanol may cause interference with ASTM
D3606 when present.
    (2) Beginning January 1, 2016, benzene content must be determined
by a test method approved under Sec.  80.47.
    (f) Aromatic content. Aromatic content must be determined by use of
the following methods:
    (1) Through December 31, 2015, aromatic content must be determined
using ASTM D5769, except the sample chilling requirements in section 8
of this standard method are optional.
    (2) Beginning January 1, 2016, aromatic content must be determined
by a test method approved under Sec.  80.47.
    (g) Oxygen and oxygenate content analysis. Oxygen and oxygenate
content must be determined by use of the following methods:
    (1) Through December 31, 2015, oxygen and oxygenate content must be
determined using ASTM D5599.
    (2) Beginning January 1, 2016, oxygen and oxygenate content must be
determined by a test method approved under Sec.  80.47.
* * * * *

0
8. Section 80.47 is amended by revising paragraphs (b), (c)(2)(i) and
(ii), (c)(3), (d)(2), (e)(2), (f)(2), (g)(2), (h)(2), (i)(2), (j)(2),
(l)(2)(i), (l)(4), (n)(1), (n)(2)(i), (o)(1), (o)(2)(i), (p)(1),
(p)(2)(i), and (p)(3)(i) to read as follows:

Sec.  80.47  Performance-based Analytical Test Method Approach.

* * * * *
    (b) Precision and accuracy criteria for approval for the absolute
fuel parameter of gasoline sulfur--(1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline sulfur standard at Sec. Sec.
80.195 and 80.1603, the maximum allowable standard deviation computed
from the results of a minimum of 20 tests made over 20 days (tests may
be arranged into no fewer than five batches of four or fewer tests
each, with only one such batch allowed per day over the minimum of 20
days) on samples using good laboratory practices taken from a single
homogeneous commercially available gasoline must be less than or equal
to 1.5 times the repeatability ``r'' divided by 2.77, where ``r''
equals the ASTM repeatability of ASTM D7039 (Example: A 10 ppm sulfur
gasoline sample: Maximum allowable standard deviation of 20
tests<=1.5*(1.73ppm/2.77) = 0.94 ppm). The 20 results must be a series
of tests with a sequential record of analysis and no omissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
    (2) Accuracy. Beginning January 1, 2016, for motor vehicle
gasoline, gasoline blendstock, and gasoline fuel additives subject to
the gasoline sulfur standard at Sec. Sec.  80.195 and 80.1603:
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm shall
not differ from the accepted reference value (ARV) of the standard by
more than 0.47 ppm sulfur,

where the accuracy criteria is 0.75*(1.5*r/2.77), where ``r'' is the
repeatability for ARV of the commercially available gravimetric sulfur
standard (Example: 0.75*(1.5*1.15ppm/2.77) = 0.47 ppm);
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm shall
not differ from the ARV of the standard by more than 0.94 ppm sulfur,
where the accuracy criteria is 0.75*(1.5*r/2.77), where ``r'' is the
repeatability for ARV of the commercially available gravimetric sulfur
standard (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94 ppm); and
    (iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of
this section, individual test results shall be compensated for any
known chemical interferences using good laboratory practices.
    (3) The test method specified at Sec.  80.46(a)(1) is exempt from
the requirements of paragraphs (b)(1) and (2) of this section.
    (c) * * *
    (2) * * *
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm, say 10
ppm, shall not differ from the ARV of the standard by more than 0.47
ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where
``r'' is the repeatability for ARV of the commercially available
gravimetric sulfur standard (Example: 0.75*(1.5*1.15ppm/2.77) = 0.47
ppm);
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm, say 20
ppm, shall not differ from the ARV of the standard by more than 0.94
ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where
``r'' is the repeatability for ARV of the commercially available
gravimetric sulfur standard (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94
ppm); and
* * * * *
    (3) The test method specified at Sec.  80.46(a)(2) is exempt from
the requirements of paragraphs (c)(1) and (2) of this section.
    (d) * * *
    (2) The test method specified at Sec.  80.46(b)(1) is exempt from
the requirements of paragraph (d)(1) of this section.
    (e) * * *
    (2) The test method specified at Sec.  80.46(f)(1) is exempt from
the requirements of paragraph (e)(1) of this section.
    (f) * * *
    (2) The test method specified at Sec.  80.46(g)(1) is exempt from
the requirements of paragraph (f)(1) of this section.
    (g) * * *
    (2) The test method specified at Sec.  80.46(c)(1) is exempt from
the requirements of paragraph (g)(1) of this section.
    (h) * * *
    (2) The test method specified at Sec.  80.46(d)(1) is exempt from
the requirements of paragraph (h)(1) of this section.
    (i) * * *
    (2) The test methods specified at Sec.  80.46(e)(1) are exempt from
the requirements of paragraph (i)(1) of this section.
    (j) * * *
    (2) The test method specified at Sec.  80.2(z) is exempt from the
requirements of paragraph (j)(1) of this section.
* * * * *
    (l) * * *
    (2)(i) The test facility demonstrates that the test method meets
the applicable precision information for the method-defined or non-VCSB
absolute fuel parameter as described in this section.
* * * * *
    (4) The test methods specified at Sec. Sec.  80.2(z) and
80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
are exempt from the requirements of paragraphs (l)(1) through (3) of
this section.
* * * * *
    (n) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests on every
instrument with a commercially available gravimetric reference
material, or check standard as defined in ASTM D6299 at least three
times a year using good laboratory practices. The facility must
construct ``MR'' and ``I'' charts with control lines as described in
section 8.4 and appropriate Annex sections of this standard practice.
In circumstances where the absolute difference between the mean of
multiple back-to-back tests of the standard reference material and the
ARV of the standard reference material is greater than 0.75 times the
published reproducibility of the test method, the cause of such
difference must be investigated by the facility. Records of the
standard reference materials measurements as well as any investigations
into any exceedance of these criteria must be kept for a period of five
years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root
[(0.75R)caret2 + (0.75R)caret2/L], where L = the
number of single results obtained from different labs used to calculate
the consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) shall be investigated by personnel of
the facility and records kept for a period of five years. The test
facility's long term site precision standard deviation, as demonstrated
by the ``I'' chart and ``M'' chart, must meet the applicable precision
criterion as described in paragraph (b)(1) or (c)(1) of this section.
* * * * *
    (o) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests of every
instrument with a commercially available check standard as defined in
ASTM D6299 at least three times a year using good laboratory practices.
The check standard must be an ordinary fuel with levels of the fuel
parameter of interest close to either the applicable regulatory
standard or the average level of use for the facility. For facilities
using a VCSB designated method defined test method, the ARV of the
check standard must be determined by the respective designated test
method for the fuel parameter following the guidelines of ASTM D6299.
Facilities using a VCSB alternative method defined test method must use
the ARV of the check standard as determined in a VCSB Inter Laboratory
Crosscheck Program (ILCP) or a commercially available ILCP following
the guidelines of ASTM D6299. If the ARV is not provided in the ILCP,
accuracy must be assessed based upon the respective EPA-designated test
method using appropriate production samples. The facility must
construct ``MR'' and ``I'' charts with control lines as described in
section 8.4 and appropriate Annex sections of this standard practice.
In circumstances where the absolute difference between test results and
the ARV of the check

standard based on the designated primary test method is greater than
0.75 times the published reproducibility of the designated primary test
method, the cause of such difference must be investigated by the
facility. Participation in a VCSB ILCP or a commercially available ILCP
meeting the ASTM D6299 requirements for ILCP check standards, based on
the designated primary test method, at least three times a year, and,
meeting the requirements in this section for absolute differences
between the test results and the ARV of the check standard based on the
designated primary test method of less than 0.75 times the published
reproducibility of the designated primary test method obtained through
participation in the ILCP satisfies this Accuracy SQC requirement
(Examples of VCSB ILCPs: ASTM Reformulated Gasoline ILCP or ASTM motor
gasoline ILCP). Records of the standard reference materials
measurements as well as any investigations into any exceedance of these
criteria must be kept for a period of five years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root
[(0.75R)caret2 + (0.75R)caret2/L], where L = the
number of single results obtained from different labs used to calculate
the consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) shall be investigated by personnel of
the facility and records kept for a period of five years. The test
facility's long term site precision standard deviation, as demonstrated
by the ``I'' chart and ``M'' chart, must meet the applicable precision
criterion as described in paragraph (d)(1), (e)(1), (f)(1), (g)(1),
(h)(1), (i)(1), or (j)(1) of this section.
* * * * *
    (p) * * *
    (1)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
minimal matrix effects. Every facility shall conduct tests on every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable
regulatory standard or the average level of use for the facility.
Facilities using a Non-VCSB alternative method defined test method must
use the ARV of the check standard as determined in either a VCSB Inter
Laboratory Crosscheck Program (ILCP) or a commercially available ILCP
following the guidelines of ASTM D6299. If the ARV is not provided in
the ILCP, accuracy must be assessed based upon the respective EPA
designated test method using appropriate production samples. The
facility must construct ``MR'' and ``I'' charts with control lines as
described in section 8.4 and appropriate Annex sections of this
standard practice. In circumstances where the absolute difference
between the mean of multiple back-to-back tests of the standard
reference material and the ARV of the standard reference material is
greater than 0.75 times the published reproducibility of the fuel
parameter's respective designated test method, the cause of such
difference must be investigated by the facility. Records of the
standard reference materials measurements as well as any investigations
into any exceedance of these criteria must be kept for a period of five
years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root
[(0.75R)caret2 + (0.75R)caret2/L], where L = the
number of single results obtained from different labs used to calculate
the consensus ARV.
    (2)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
high sensitivity to matrix effects. Every facility shall conduct tests
on every instrument with a production fuel on at least a quarterly
basis using good laboratory practices. The production fuel must be
representative of the production fuels that are routinely analyzed by
the facility. The ARV of the production fuel must be determined by the
respective reference installation of the designated test method for the
fuel parameter following the guidelines of ASTM D6299. The facility
must construct ``MR'' and ``I'' charts with control lines as described
in section 8.4 and appropriate Annex sections of this standard
practice. In circumstances where the absolute difference between the
mean of multiple back-to-back tests of the standard reference material
and the ARV of the standard reference material is greater than 0.75
times the published reproducibility of the test method must be
investigated by the facility. Documentation on the identity of the
reference installation and its control status must be maintained on the
premises of the method-defined alternative test method. Records of the
standard reference materials measurements as well as any investigations
into any exceedances of this criterion must be kept for a period of
five years.
* * * * *
    (3)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) shall be investigated by personnel of
the facility and records kept for a period of five years. The test
facility's long term site precision standard deviation, as demonstrated
by the ``I'' chart and ``M'' chart, must meet the applicable precision
criterion as described in paragraph (b)(1), (c)(1), (d)(1), (e)(1),
(f)(1), (g)(1), (h)(1), (i)(1), or (j)(1) of this section.
* * * * *

0
9. Section 80.69 is amended by revising paragraph (a)(11)(viii)(C) to
read as follows:

Sec.  80.69  Requirements for downstream oxygenate blending.

    (a) * * *
    (11) * * *
    (viii) * * *
    (C) The survey plan must be sent to the attention of ``RFG Program
(Survey Plan)'' to the address in Sec.  80.10(a);
* * * * *

Subpart E--Anti-Dumping

0
10. Section 80.93 is amended by revising paragraph (d)(4) to read as
follows:

Sec.  80.93  Individual baseline submission and approval.

* * * * *
    (d) * * *
    (4) For U.S. Postal delivery, the petition shall be sent to the
attention of ``RFG Program (Baseline Petition)'' to the address in
Sec.  80.10(a).
* * * * *

Subpart G--Detergent Gasoline

0
11. Section 80.174 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec.  80.174  Addresses.

* * * * *
    (b) Other detergent registration and certification data, and
certain other information which may be specified in this subpart, shall
be sent to the attention of ``Detergent Additive Certification'' to the
address in Sec.  80.10(a).
    (c) Notifications to EPA regarding program exemptions, detergent
dilution and commingling, and certain other information which may be
specified in this subpart, shall be sent to the attention of
``Detergent Enforcement Program'' to the address in Sec.  80.10(a).

Subpart H--Gasoline Sulfur

0
12. Section 80.235 is amended by revising paragraph (b) to read as
follows:

Sec.  80.235  How does a refiner obtain approval as a small refiner?

* * * * *
    (b) Applications for small refiner status must be sent to the
attention of ``Gasoline Sulfur Program (Small Refiner)'' to the address
in Sec.  80.10(a).
* * * * *

0
13. Section 80.290 is amended by revising paragraph (b) to read as
follows:

Sec.  80.290  How does a refiner apply for a sulfur baseline?

* * * * *
    (b) The sulfur baseline request must be sent to the attention of
``Gasoline Sulfur Program (Sulfur Baseline)'' to the address in Sec.
80.10(a).
* * * * *

Subpart I--Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and
Marine Diesel Fuel; and ECA Marine Fuel

0
14. Section 80.533 is amended by revising paragraph (b) as follows:

Sec.  80.533  How does a refiner or importer apply for a motor vehicle
or non-highway baseline for the generation of NRLM credits or the use
of the NRLM small refiner compliance options?

* * * * *
    (b) The baseline must be sent to the attention of ``Nonroad Rule
Diesel Fuel Baseline'' to the address in Sec.  80.10(a).
* * * * *

0
15. Section 80.574 is amended by revising paragraph (b) as follows:

Sec.  80.574  What labeling requirements apply to retailers and
wholesale purchaser-consumers of ECA marine fuel beginning June 1,
2014?

* * * * *
    (b) Alternative labels to those specified in paragraph (a) of this
section may be used as approved by EPA. Send requests to the attention
of ``ECA Marine Fuel Alternative Label Request'' to the address in
Sec.  80.10(a).

0
16. Section 80.585 is amended:
0
a. In paragraph (d)(1), by removing ``paragraph (a) or (b)'' and adding
``paragraph (b)'' in its place;
0
b. In the first sentence of paragraph (d)(2), by removing ``paragraph
(a) or (b)'' and adding ``paragraph (b)'' in its place; and
0
c. By revising paragraph (d)(4).
    The revision reads as follows:

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

* * * * *
    (d) * * *
    (4) The approval of any test method under paragraph (b) of this
section shall be valid from the date of approval from the
Administrator.
* * * * *

0
17. Section 80.595 is amended by revising paragraph (b) to read as
follows:

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

* * * * *
    (b) The volume baseline must be sent via certified mail with return
receipt or express mail with return receipt to the attention of
``Diesel Baseline'' to the address in Sec.  80.10(a).
* * * * *

0
18. Section 80.607 is amended by revising paragraph (a) to read as
follows:

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

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

0
Subpart J--Gasoline Toxics

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

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

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

Subpart L--Gasoline Benzene

0
20. Section 80.1240 is amended in paragraph (a)(1)(i) in the equation
by revising the definition ``OC'' to read as follows:

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

    (a) * * *
    (1)(i) * * *
    OC = Benzene credits used by the refinery or importer to show
compliance (gallons benzene).
* * * * *

0
21. Section 80.1285 is amended by revising paragraph (b) to read as
follows:

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

* * * * *
    (b) For U.S. Postal delivery, the benzene baseline application
shall be sent to the attention of ``MSAT2 Benzene'' to the address in
Sec.  80.10(a).
* * * * *

0
22. Section 80.1340 is amended by revising paragraph (b) to read as
follows:

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

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

Subpart M--Renewable Fuel Standard

0
23. Section 80.1401 is amended by:
0
a. Adding in alphabetical order definitions for ``Certified non-
transportation 15 ppm distillate fuel,'' ``Co-processed cellulosic
diesel,'' and ``Covered location'';
0
b. Revising the definition of ``Exporter of renewable fuel'' and
``Foreign ethanol producer'';
0
c. Adding in alphabetical order a definition for ``Foreign renewable
fuel producer'';
0
d. Revising paragraph (2) in the definition of ``Heating oil'';
0
e. Adding in alphabetical order definitions for ``Non-renewable
feedstock'' and ``Non-RIN-generating foreign producer'';
0
f. Revising paragraph (2) in the definition of ``Renewable fuel''; and
0
g. Adding in alphabetical order a definition for ``RIN-generating
foreign producer''. The additions and revisions read as follows:

Sec.  80.1401  Definitions

* * * * *
    Certified non-transportation 15 ppm distillate fuel or certified
NTDF means distillate fuel that meets all of the following:
    (1) It has been certified as complying with the 15 ppm sulfur
standard, cetane/aromatics standard, and all applicable sampling,
testing, and recordkeeping requirements of subpart I of this part.
    (2) It has been designated as 15 ppm heating oil, 15 ppm ECA marine
fuel, or other non-transportation fuel (e.g., jet fuel, kerosene,
heating oil, or No. 4 fuel) on its product transfer document and has
not been designated as MVNRLM diesel fuel.
    (3) The PTD for the distillate fuel meets the requirements in Sec.
80.1453(e).
* * * * *
    Co-processed cellulosic diesel is any renewable fuel that meets the
definition of cellulosic biofuel, as defined in this section 80.1401,
and meets all of the requirements of paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive,
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester
renewable diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under
40 CFR part 79, if the fuel or fuel additive is intended for use in a
motor vehicle.
    (2) Co-processed cellulosic diesel includes heating oil and jet
fuel made from cellulosic feedstocks and cellulosic biofuel produced as
a result of co-processing cellulosic feedstocks with petroleum.
* * * * *
    Covered location means the contiguous 48 states, Hawaii, and any
state or territory that has received an approval from the Administrator
to opt-in to the RFS program under Sec.  80.1443.
* * * * *
    Exporter of renewable fuel means all buyers, sellers, and owners of
the renewable fuel in any transaction that results in renewable fuel
being transferred from a covered location to a destination outside of
the covered locations.
* * * * *
    Foreign ethanol producer means a foreign renewable fuel producer
who produces ethanol for use in transportation fuel, heating oil, or
jet fuel but who does not add ethanol denaturant to their product as
described in paragraph (2) of the definition of ``renewable fuel'' in
this section.
    Foreign renewable fuel producer means a person from a foreign
country or from an area outside the covered locations who produces
renewable fuel (including neat (undenatured) ethanol for use in
transportation fuel, heating oil, or jet fuel).
* * * * *
    Heating oil * * *
    (2) A fuel oil that is used to heat or cool interior spaces of
homes or buildings to control ambient climate for human comfort. The
fuel oil must be liquid at 60 degrees Fahrenheit and 1 atmosphere of
pressure, and contain no more than 2.5% mass solids.
* * * * *
    Non-renewable feedstock means a feedstock that does not meet the
definition of renewable biomass.
    Non-RIN-generating foreign producer means a foreign renewable fuel
producer that has been registered by EPA to produce renewable fuel for
which RINs have not been generated.
* * * * *
    Renewable fuel * * *
    (2) Ethanol covered by this definition shall be denatured using an
ethanol denaturant as required in 27 CFR parts 19 through 21. Any
volume of ethanol denaturant added to the undenatured ethanol by a
producer or importer in excess of 2 volume percent shall not be
included in the volume of ethanol for purposes of determining
compliance with the requirements under this subpart.
* * * * *
    RIN-generating foreign producer means a foreign renewable fuel
producer that has been registered by EPA to generate RINs for renewable
fuel it produces.
* * * * *

0
24. Section 80.1405 is amended by adding paragraph (a)(11) and revising
the definitions of GEi and DEi in the equation in
paragraph (c) to read as follows:

Sec.  80.1405  What are the Renewable Fuel Standards?

    (a) * * *
    (11) Renewable Fuel Standards for 2020. (i) The value of the
cellulosic biofuel standard for 2020 shall be 0.34 percent.
    (ii) The value of the biomass-based diesel standard for 2020 shall
be 2.10 percent.
    (iii) The value of the advanced biofuel standard for 2020 shall be
2.93 percent.
    (iv) The value of the renewable fuel standard for 2020 shall be
11.56 percent.
* * * * *
    (c) * * *
    GEi = The total amount of gasoline projected to be
exempt in year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.
    DEi = The total amount of diesel fuel projected to be
exempt in year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.
* * * * *

0
25. Section 80.1407 is amended by adding paragraphs (f)(9) through (11)
to read as follows:

Sec.  80.1407.  How are the Renewable Volume Obligations calculated?

* * * * *
    (f) * * *
    (9) Distillate fuel with a sulfur content greater than 15 ppm that
is clearly designated for a use other than transportation fuel, such as
heating oil or ECA marine fuel.
    (10) Distillate fuel that meets a 15 ppm sulfur standard, is
designated for non-transportation use, and that remains completely
segregated from MVNRLM diesel fuel from the point of production through
to the point of use for a non-transportation purpose, such as heating
oil or ECA marine fuel.
    (11) Certified NTDF, if the refiner or importer has a reasonable
expectation that the fuel will be used for non-transportation purposes.
To establish a reasonable expectation that the fuel will be used for
non-transportation purposes, a refiner or importer must, at a minimum,
be able to demonstrate that they supply areas that use heating oil, ECA
marine fuel, or 15 ppm distillate fuel for non-transportation purposes
in quantities that are consistent with past practices or changed
circumstances. EPA may consider any other relevant information,
including the price of the fuel, in assessing whether a refiner or
importer has a reasonable expectation that the fuel will be used for
non-transportation purposes.

0
26. Section 80.1408 is added to read as follows:

Sec.  80.1408.  What are the requirements for parties that own and
redesignate certified NTDF as MVNRLM diesel fuel?

    (a) Beginning January 1, 2021, a party that owns certified NTDF,
and only a party that owns certified NTDF, may redesignate NTDF as
MVNRLM diesel fuel if they meet all of the following requirements:
    (1) Register as a refiner and register each facility where
redesignation occurs as a refinery under Sec.  80.76. NTDF may only be
redesignated as MVNRLM diesel fuel at a facility registered as a
refinery.
    (2) At each facility, calculate a balance of MVNRLM diesel fuel
during each annual compliance period according to the following
equation:

MVNRLMBAL = MVNRLMO + MVNRLMINVCHG-
MVNRLMI

Where:

MVNRLMBAL = the balance for MVNRLM diesel fuel for the
compliance period.
MVNRLMI = the total volume of all batches of fuel
designated as MVNRLM diesel fuel owned when the fuel was received at
the facility and acquired at the facility during the compliance
period. Any MVNRLM diesel fuel produced (apart from redesignation of
NTDF to MVNRLM diesel fuel) or imported into the facility must also
be included in this volume.
MVNRLMO = the total volume of all batches of fuel
designated as MVNRLM diesel fuel owned and sold or transferred to
other parties at the facility during the compliance period.
MVNRLMINVCHG = the volume of MVNRLM diesel fuel owned at
the end of the compliance period minus the volume of MVNRLM diesel
fuel owned at the beginning of the compliance period, including
accounting for any corrections in inventory due to volume swell or
shrinkage, difference in measurement calibration between receiving
and delivering meters, and similar matters, where corrections that
increase inventory are defined as positive.

    (i) If MVNRLMBAL is greater than 0, an RVO is incurred
by the redesignating party for the volume of diesel fuel equal to
MVNRLM. The redesignating party must also comply with all of the
following:
    (A) The reporting requirements of Sec.  80.1451(a)(1)(xix).
    (B) The recordkeeping requirements of Sec.  80.1454(t).
    (C) The attest engagement requirements of Sec. Sec.  80.1464 and
80.1475, as applicable.
    (ii) If MVNRLMBAL is less than or equal to 0, no RVO is
incurred by the redesignating party for any redesignated certified
NTDF. These parties must comply with all of the following:
    (A) The reporting requirements of Sec.  80.1451(i).
    (B) The recordkeeping requirements of Sec.  80.1454(t).
    (b) Parties that incur an RVO under paragraph (a)(2)(i) of this
section must comply with all applicable requirements for obligated
parties under this subpart.
    (c) The provisions of this section do not apply to gasoline or
diesel fuel that is designated for export.

0
27. Section 80.1415 is amended by revising paragraph (c)(4) to read as
follows:

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

* * * * *
    (c) * * *
    (4) Applications for equivalence values must be sent to the
attention of ``RFS2 Program (Equivalence Value Application)'' to the
address in Sec.  80.10(a).
* * * * *

0
28. Section 80.1426 is amended:
0
a. By revising the section heading and paragraphs (a)(1)(iii), (a)(2),
and (c)(4) and (5); and
0
b. In paragraph (f)(1), in Table 1 to Sec.  80.1426, by revising the
entries F, H, I, and M.
    The revisions read as follows:

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

    (a) * * *
    (1) * * *
    (iii) The fuel was produced in compliance with the registration
requirements of Sec.  80.1450, the reporting requirements of Sec.
80.1451, the recordkeeping requirements of Sec.  80.1454, all
conditions set forth in an approval document for a pathway petition
submitted under Sec.  80.1416, and all other applicable regulations of
this subpart M.
* * * * *
    (2) To generate RINs for imported renewable fuel, including any
renewable fuel contained in imported transportation fuel, heating oil,
or jet fuel, importers must obtain information from a non-RIN-
generating foreign renewable fuel producer that is registered pursuant
to Sec.  80.1450 sufficient to make the appropriate determination
regarding the applicable D code and compliance with the renewable
biomass definition for each imported batch for which RINs are
generated.
* * * * *
    (c) * * *
    (4) Importers shall not generate RINs for renewable fuel imported
from a non-RIN-generating foreign renewable fuel producer unless the
foreign renewable fuel producer is registered with EPA as required in
Sec.  80.1450.
    (5) Importers shall not generate RINs for renewable fuel that has
already been assigned RINs by a RIN-generating foreign renewable fuel
producer.
* * * * *
    (f) * * *
    (1) * * *

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

                                                  * * * * * * *
F...............  Biodiesel, renewable     Soy bean oil; Oil from       One of the following:                  4
                   diesel, jet fuel and     annual covercrops; Oil       Transesterification with
                   heating oil.             from algae grown             or without esterification
                                            photosynthetically;          pre-treatment, or
                                            Biogenic waste oils/fats/    Hydrotreating; excludes
                                            greases; Camelina sativa     processes that co-process
                                            oil; Distillers corn oil;    renewable biomass and
                                            Distillers sorghum oil;      petroleum.
                                            Commingled distillers corn
                                            oil and sorghum oil.

                                                  * * * * * * *
H...............  Biodiesel, renewable     Soy bean oil; Oil from       One of the following:                  5
                   diesel, jet fuel and     annual covercrops; Oil       Transesterification with
                   heating oil.             from algae grown             or without esterification
                                            photosynthetically;          pre-treatment, or
                                            Biogenic waste oils/fats/    Hydrotreating; includes
                                            greases; Camelina sativa     only processes that co-
                                            oil; Distillers corn oil;    process renewable biomass
                                            Distillers sorghum oil;      and petroleum.
                                            Commingled distillers corn
                                            oil and sorghum oil.
I...............  Naphtha, LPG...........  Camelina sativa oil;         Hydrotreating..............            5
                                            Distillers sorghum oil;
                                            Distillers corn oil;
                                            Commingled distillers corn
                                            oil and distillers sorghum
                                            oil.

                                                  * * * * * * *
M...............  Renewable Gasoline and   Crop residue, slash, pre-    Catalytic Pyrolysis and                3
                   Renewable Gasoline       commercial thinnings, tree   Upgrading, Gasification
                   Blendstock; Co-          residue, and separated       and Upgrading, Thermo-
                   Processed Cellulosic     yard waste; biogenic         Catalytic
                   Diesel, Jet Fuel, and    components of separated      Hydrodeoxygenation and
                   Heating Oil.             MSW; cellulosic components   Upgrading, Direct
                                            of separated food waste;     Biological Conversion,
                                            and cellulosic components    Biological Conversion and
                                            of annual cover crops.       Upgrading utilizing
                                                                         natural gas, biogas, and/
                                                                         or biomass as the only
                                                                         process energy sources
                                                                         providing that process
                                                                         used converts cellulosic
                                                                         biomass to fuel; any
                                                                         process utilizing biogas
                                                                         and/or biomass as the only
                                                                         process energy sources
                                                                         which converts cellulosic
                                                                         biomass to fuel.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
29. Section 80.1427 is amended by revising the definition of
``RVOi'' in paragraph (b)(2) and by revising paragraph
(c)(2) to read as follows:

Sec.  80.1427  How are RINs used to demonstrate compliance?

* * * * *
    (b) * * *
    (2) * * *
    RVOi = The Renewable Volume Obligation for the obligated
party or exporter of renewable fuel for calendar year i, in gallons.
* * * * *
    (c) * * *
    (2) In fulfillment of its ERVOs, each exporter of renewable fuel is
subject to the provisions of paragraphs (a)(2), (3), (6), and (8) of
this section.
* * * * *

0
30. Section 80.1429 is amended by revising paragraph (b)(3) to read as
follows:

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

* * * * *
    (b) * * *
    (3) Any exporter of renewable fuel must separate any RINs that have
been assigned to the exported renewable fuel volume. An exporter of
renewable fuel may separate up to 2.5 RINs per gallon of exported
renewable fuel.
* * * * *

0
31. Section 80.1430 is amended by paragraph (a), the definition of
``k'' in paragraph (b)(1), and paragraphs (c), (d)(1), and (e)
introductory text and adding paragraph (h) to read as follows:

Sec.  80.1430  Requirements for exporters of renewable fuels.

    (a) Any exporter of renewable fuel, whether in its neat form or
blended shall acquire sufficient RINs to comply with all applicable
Renewable Volume Obligations under paragraphs (b) through (e) of this
section representing the exported renewable fuel. No provision of this
section applies to renewable fuel purchased directly from the renewable
fuel producer and for which the exporter of renewable fuel can
demonstrate that no RINs were generated through the recordkeeping
requirements of Sec.  80.1454(a)(6).
    (b) * * *
    (1) * * *
    k = A discrete volume of renewable fuel that the exporter of
renewable fuel knows or has reason to know is cellulosic biofuel that
is exported in a single shipment.
* * * * *
    (c) If the exporter of renewable fuel knows or has reason to know
that a volume of exported renewable fuel is cellulosic diesel, the
exporter of renewable fuel must treat the exported volume as either
cellulosic biofuel or biomass-based diesel when determining his
Renewable Volume Obligations pursuant to paragraph (b) of this section.
    (d) * * *
    (1) If the equivalence value for a volume of exported renewable
fuel can be determined pursuant to Sec.  80.1415 based on its
composition, then the appropriate equivalence value shall be used in
the calculation of the exporter of renewable fuel's Renewable Volume
Obligations under paragraph (b) of this section.
* * * * *
    (e) For renewable fuels that are in the form of a blend at the time
of export, the exporter of renewable fuel shall determine the volume of
exported renewable fuel based on one of the following:
* * * * *
    (h) Each person meeting the definition of exporter of renewable
fuel for a particular export transaction is jointly and severally
liable for completion of the requirements of this section and all
associated RIN retirement demonstration, registration, reporting, and
attest engagement obligations under this subpart. However, these
requirements for exporters of renewable fuel must be met only once for
any export transaction.

0
32. Section 80.1431 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  80.1431  Treatment of invalid RINs.

* * * * *
    (b) * * *
    (2) Invalid RINs cannot be used to achieve compliance with the
Renewable Volume Obligations of an obligated party or exporter of
renewable fuel, regardless of the party's good faith belief that the
RINs were valid at the time they were acquired.
* * * * *

0
33. Section 80.1434 is added to read as follows:

Sec.  80.1434  RIN retirement.

    (a) A RIN must be retired in any of the following cases:
    (1) Demonstrate annual compliance. Except as specified in paragraph
(b) of this section or Sec.  80.1456, each party that is an obligated
party under Sec.  80.1406 and is obligated to meet the RVO under Sec.
80.1407 must retire a sufficient number of RINs to demonstrate
compliance with an applicable RVO.
    (2) Exported renewable fuel. Any exporter of renewable fuel that
incurs an ERVO as described in Sec.  80.1430(a) shall retire RINs
pursuant to Sec. Sec.  80.1430(b) through (g) and 80.1427(c).
    (3) Volume error correction. A RIN must be retired when it was
based on incorrect volumes or volumes that have not been standardized
to 60 [deg]F as described in Sec.  80.1426(f)(8).
    (4) Import volume correction. Where the port of entry volume is the
lesser of the two volumes in Sec.  80.1466(e)(1)(i), the importer shall
calculate the

difference between the number of RINs originally assigned by the
foreign producer and the number of RINs calculated under Sec.  80.1426
for the volume of renewable fuel as measured at the port of entry, and
retire that amount of RINs in accordance with Sec.  80.1466(k)(4).
    (5) Spillage or disposal of renewable fuels. Except as provided in
Sec.  80.1432(c), in the event that a reported spillage or disposal of
any volume of renewable fuel, the owner of the renewable fuel must
notify any holder or holders of the attached RINs and retire a number
of gallon-RINs corresponding to the volume of spilled or disposed of
renewable fuel multiplied by its equivalence value in accordance with
Sec.  80.1432(b).
    (6) Contaminated or spoiled fuel. In the event that contamination
or spoliation of any volume of renewable fuel is reported, the owner of
the renewable fuel must notify any holder or holders of the attached
RINs and retire a number of gallon-RINs corresponding to the volume of
contaminated or spoiled renewable fuel multiplied by its equivalence
value.
    (i) If the equivalence value for the contaminated or spoiled volume
may be determined pursuant to Sec.  80.1415 based on its composition,
then the appropriate equivalence value shall be used.
    (ii) If the equivalence value for a contaminated or spoiled volume
of renewable fuel cannot be determined, the equivalence value shall be
1.0.
    (iii) If the owner of a volume of renewable fuel that is
contaminated or spoiled and reported establishes that no RINs were
generated to represent the volume, then no gallon-RINs shall be
retired.
    (7) Delayed RIN generation. In the event that a party generated a
delayed RIN as described in Sec.  80.1426(g)(1) through (4), parties
must retire RINs as described in accordance with Sec.  80.1426(g)(5)
and (6).
    (8) Invalid RIN. In the case that a RIN is invalid as described in
Sec.  80.1431(a), the RIN will be considered invalid and must be
retired as described in Sec.  80.1431(b).
    (9) Potentially invalid RINs. In the case that a RIN is identified
as a PIR under Sec.  80.1474(b)(1), the PIRs or replacement RINs must
be retired as described in Sec.  80.1474(b)(2) through (5).
    (10) Replacement. As required by Sec.  80.1431(b) or Sec.  80.1474,
any party that must replace an invalid RIN or PIR that was used for
compliance must retire valid RINs to replace the invalid RINs
originally used for any RVO.
    (11) Other. Any other instance identified by EPA.
    (b) In the case that retirement of a RIN is necessary, the
following provisions apply:
    (1) Any party affected by such retirement must keep copies and
adjust its records, reports, and compliance calculations in which the
retired RIN was used.
    (2) The retired RIN must be reported in the applicable reports
under Sec.  80.1451.
    (3) The retired RIN must be reported in the EPA Moderated
Transaction System pursuant to Sec.  80.1452(c).
    (4) Where the importer of renewable fuel is required to retire RINs
under paragraph (a)(5) of this section, the importer must report the
retired RINs in the applicable reports under Sec. Sec.  80.1451,
80.1466(k), and 80.1466(m).

0
34. Section 80.1440 is amended by revising the section heading and
paragraph (a) and adding paragraph (f) to read as follows:

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

    (a)(1) Renewable fuel blenders who handle and blend less than
250,000 gallons of renewable fuel per year, and who do not have one or
more reported or unreported Renewable Volume Obligations, are permitted
to delegate their RIN-related responsibilities to the party directly
upstream of them who supplied the renewable fuel for blending.
    (2) Renewable fuel blenders who handle and blend renewable fuel for
parties that have a national security exemption under paragraph (f) of
this section, or a national security exemption under any other subpart
of 40 CFR part 80 (e.g., Sec. Sec.  80.606, 80.1655), and who do not
have one or more reported or unreported Renewable Volume Obligations,
are permitted to delegate their RIN-related responsibilities to the
party directly upstream of them who supplied the renewable fuel for
blending.
* * * * *
    (f) The requirements described in paragraph (b) of this section may
be delegated directly upstream for renewable fuel (neat or blended)
that is produced, imported, sold, offered for sale, supplied, offered
for supply, stored, dispensed, or transported for use in any of the
following:
    (1) Tactical military vehicles, engines, or equipment having an EPA
national security exemption from emission standards under 40 CFR
85.1708, 89.908, 92.908, 94.908, 1042.635, or 1068.225.
    (2) Tactical military vehicles, engines, or equipment that are not
subject to a national security exemption from vehicle or engine
emissions standards as described in paragraph (f)(1) of this section
but, for national security purposes (for purposes of readiness for
deployment overseas), need to be fueled on the same transportation
fuel, heating oil, or jet fuel as the vehicles, engines, or equipment
for which EPA has granted such a national security exemption.

0
35. Section 80.1441 is amended by revising paragraph (h) to read as
follows:

Sec.  80.1441  Small refinery exemption.

* * * * *
    (h) Verification letters under paragraph (b) of this section,
petitions for small refinery hardship extensions under paragraph (e) of
this section, and small refinery exemption waiver notices under
paragraph (f) of this section shall be sent to the attention of ``RFS
Program'' to the address in Sec.  80.10(a).

0
36. Section 80.1442 is amended by revising paragraph (i) to read as
follows:

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

* * * * *
    (i) Small refiner status verification letters, small refiner
exemption waivers, or applications for extensions of the small refiner
temporary exemption under this section must be sent to the attention of
``RFS Program'' to the address in Sec.  80.10(a).

0
37. Section 80.1443 is amended by revising paragraph (d)(2) to read as
follows:

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

* * * * *
    (d) * * *
    (2) A petition submitted under this section should be sent to the
attention of ``RFS Program'' to the address in Sec.  80.10(a).
* * * * *

0
38. Section 80.1449 is amended by revising paragraph (d) to read as
follows:

Sec.  80.1449  What are the Production Outlook Report requirements?

* * * * *
    (d) Production outlook reports shall be sent to the attention of
``RFS Program (Production Output Reports)'' to the address in Sec.
80.10(a).
* * * * *

0
39. Section 80.1450 is amended by revising paragraphs (b) introductory
text, (b)(1)(vii)(A)(1), (b)(1)(vii)(B), (b)(1)(viii)(A), (b)(1)(ix)(A)
introductory

text, (b)(1)(xi)(A) and (B), the first sentence of paragraph (d)(1),
and paragraphs (g)(9) and (h) to read as follows:

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

* * * * *
    (b) Producers. Any RIN-generating foreign producer, any non-RIN-
generating foreign producer, or any domestic renewable fuel producer
that generates RINs must provide EPA the information specified under
Sec.  80.76 if such information has not already been provided under the
provisions of this part, and must receive EPA-issued company and
facility identification numbers prior to the generation of any RINs for
their fuel or for fuel made with their ethanol. Unless otherwise
specifically indicated, all the following registration information must
be submitted and accepted by EPA by July 1, 2010, or 60 days prior to
the generation of RINs, whichever date comes later, subject to this
subpart:
    (1) * * *
    (vii) * * *
    (A) * * *
    (1) The location of any establishment from which the waste stream
consisting solely of separated yard waste is collected.
* * * * *
    (B) For a producer of renewable fuel or a foreign producer of
ethanol made from separated food waste per Sec.  80.1426(f)(5)(i)(B) or
from biogenic waste oils/fats/greases:
    (1) A plan documenting the type(s) of separated food waste or
biogenic waste oils/fats/greases, the type(s) of establishment from
which the waste is collected, how the waste will be collected, a
description of ongoing verification measures that demonstrate such
waste consists only of food waste (and an incidental amount of other
components such as paper and plastics) or biogenic waste oils/fats/
greases that is kept separate from other waste materials, and if
applicable, how the cellulosic and non-cellulosic portions of the waste
will be quantified.
    (2) [Reserved]
* * * * *
    (viii) * * *
    (A) The location of the municipal waste establishment(s) from which
the separated municipal solid waste is collected or from which material
is collected that will be processed to produce separated municipal
solid waste.
* * * * *
    (ix) * * *
    (A) For a producer of ethanol from grain sorghum or a foreign
ethanol producer making product from grain sorghum and seeking to have
it sold as renewable fuel after addition of ethanol denaturant, provide
a plan that has been submitted and accepted by U.S. EPA that includes
the following information:
* * * * *
    (xi) * * *
    (A) An affidavit from the producer of the fuel oil meeting
paragraph (2) of the definition of ``heating oil'' in Sec.  80.1401
stating that the fuel oil for which RINs have been generated will be
sold for the purposes of heating or cooling interior spaces of homes or
buildings to control ambient climate for human comfort, and no other
purpose.
    (B) Affidavits from the final end user or users of the fuel oil
stating that the fuel oil meeting paragraph (2) of the definition of
``heating oil'' in Sec.  80.1401 is being used or will be used for
purposes of heating or cooling interior spaces of homes or buildings to
control ambient climate for human comfort, and no other purpose, and
acknowledging that any other use of the fuel oil would violate EPA
regulations and subject the user to civil and/or criminal penalties
under the Clean Air Act.
* * * * *
    (d) * * *
    (1) Any producer of renewable fuel or any foreign ethanol producer
that makes changes to their facility that will allow them to produce
renewable fuel that is not reflected in the producer's registration
information on file with EPA must update their registration information
and submit a copy of an updated independent third-party engineering
review on file with EPA at least 60 days prior to producing the new
type of renewable fuel. * * *
* * * * *
    (g) * * *
    (9) Registration updates. (i) Any independent third-party auditor
who makes changes to its quality assurance plan(s) that will allow it
to audit new renewable fuel production facilities, as defined in Sec.
80.1401, that is not reflected in the independent third-party auditor's
registration information on file with EPA must update its registration
information and submit a copy of an updated QAP on file with EPA at
least 60 days prior to auditing new renewable fuel production
facilities.
    (ii) Any independent third-party auditor who makes any changes
other than those specified in paragraphs (g)(9)(i), (iii), and (iv) of
this section that will affect the third-party auditor's registration
information must update its registration information 7 days prior to
the change.
    (iii) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated by a renewable fuel
facility for a pathway not covered in the independent third-party
auditor's QAPs.
    (iv) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated by any renewable fuel
facility not identified in the independent third-party auditor's
existing registration.
* * * * *
    (h) Deactivation of registration. (1) EPA may deactivate the
registration of any party required to register under this section Sec.
80.1450, using the process in paragraph (h)(2) of this section, if any
of the following criteria are met:
    (i) The party has reported no activity in EMTS for twenty-four
consecutive months.
    (ii) The party has failed to comply with the registration
requirements of this section.
    (iii) The party has failed to submit any required notification or
report within 30 days of the required submission date under Sec.
80.1451.
    (iv) The attest engagement required under Sec.  80.1464 has not
been received within 30 days of the required submission date.
    (v) The party fails to pay a penalty or to perform any requirements
under the terms of a court order, administrative order, consent decree,
or administrative settlement between the party and EPA.
    (vi) The party submits false or incomplete information.
    (vii) The party denies EPA access or prevents EPA from completing
authorized activities under sections 114 or 208 of the Clean Air Act
despite presenting a warrant or court order. This includes a failure to
provide reasonable assistance.
    (viii) The party fails to keep or provide the records required by
this subpart.
    (ix) The party otherwise circumvents the intent of the Clean Air
Act or of this subpart.
    (2) Except as provided in paragraph (h)(3) of this section, EPA
will use the following process whenever it decides to deactivate the
registration of a party:
    (i) EPA will provide written notification to the responsible
corporate officer identifying the reasons or deficiencies for which EPA
intends to deactivate the party's registration. The party will have
fourteen calendar days from the date of the notification to correct the
deficiencies identified or explain why there is no need for corrective
action.
    (ii) If the basis for EPA's notice of intent to deactivate
registration is the

absence of EMTS activity under paragraph (h)(1)(i) of this section, a
stated intent to engage in activity reported through EMTS will be
sufficient to avoid deactivation of registration.
    (iii) If the party does not correct identified deficiencies under
paragraphs (h)(1)(ii) through (ix) of this section, or does not provide
an adequate explanation regarding why such correction is not necessary
within the time allotted for response, EPA may deactivate the party's
registration without further notice to the party.
    (3) In instances of willfulness or those in which public health,
interest, or safety requires otherwise, EPA may deactivate the
registration of the party without any notice to the party. EPA will
provide written notification to the responsible corporate officer
identifying the reasons EPA deactivated the registration of the party.
    (4) Impact of registration deactivation:
    (i) A party whose registration is deactivated shall still be liable
for violation of any requirements of this subpart.
    (ii) A party whose registration is deactivated will not be listed
on any public list of actively registered parties that is maintained by
EPA.
    (iii) A party whose registration is deactivated will not have
access to any of the electronic reporting systems associated with the
renewable fuel standard program, including the EPA Moderated
Transaction System (EMTS).
    (iv) A party whose registration is deactivated must submit any
corrections of deficiencies to EPA on forms, and following policies,
established by EPA.
    (v) If a party whose registration has been deactivated wishes to
re-register, they may seek to do so by submitting a new registration
pursuant to the requirements in paragraphs (a) through (c), (e), and
(g) of this section, as applicable.
* * * * *

0
40. Section 80.1451 is amended by:
0
a. Revising paragraphs (a)(1)(i) and (v);
0
b. Adding paragraph (a)(1)(xix);
0
c. Revising paragraphs (a)(4), (b) introductory text, (b)(1)(ii)(D) and
(I), (g)(1)(ii)(D) and (I);
0
d. Redesignating paragraphs (i) and (j) as paragraphs (j) and (k); and
0
e. Adding new paragraph (i). The revisions and additions read as
follows:

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

    (a) * * *
    (1) * * *
    (i) The obligated party's or exporter of renewable fuel's name.
* * * * *
    (v)(A) For the 2010 through 2019 compliance periods, the production
volume and import volume of all of the products listed in Sec.
80.1407(c) and (e) for the compliance period.
    (B) For the 2020 compliance period, separately, the production
volume and import volume of all of the gasoline products listed in
Sec.  80.1407(c), the production volume and import volume of all of the
MVNRLM diesel fuel products listed in Sec.  80.1407(e), and the
combined volume of all gasoline products and MVNRLM diesel fuel listed
in Sec.  80.1407(c) and (e) for the compliance period.
    (C) Beginning with the 2021 compliance period, separately, the
production volume and import volume for the compliance period of all of
the following:
    (1) All of the gasoline products listed in Sec.  80.1407(c).
    (2) All of the MVNRLM diesel fuel products listed in Sec.
80.1407(e).
    (3) The combined production volume of all gasoline products and
MVNRLM diesel fuel.
    (4) Distillate fuel that is not transportation fuel.
    (5) Distillate fuel that is certified NTDF.
* * * * *
    (xix) For parties that redesignate certified NTDF as MVNRLM diesel
fuel under Sec.  80.1408 at any time during the compliance period, the
volumes MVNRLMBAL, MVNRLMO,
MVNRLMINVCHG, and MVNRLMI as calculated in Sec.
80.1408(a)(2).
* * * * *
    (4) Reports required under this paragraph (a) must be signed and
certified as meeting all the applicable requirements of this subpart by
the owner or a responsible corporate officer of the obligated party or
exporter of renewable fuel.
    (b) Renewable fuel producers (domestic and foreign) and importers.
Any domestic producer or importer of renewable fuel who generates RINs,
or any RIN-generating foreign producer must submit to EPA reports
according to the schedule, and containing all of the following
information:
    (1) * * *
    (ii) * * *
    (D) The importer EPA facility registration number and foreign
renewable fuel producer company registration number, if applicable.
* * * * *
    (I) The volume of ethanol denaturant and applicable equivalence
value of each batch.
* * * * *
    (g) * * *
    (1) * * *
    (ii) * * *
    (D) The importer EPA facility registration number and foreign
renewable fuel producer company registration number, if applicable.
* * * * *
    (I) The volume of ethanol denaturant and applicable equivalence
value of each verified batch.
* * * * *
    (i) Parties that redesignate certified NTDF as MVNRLM diesel fuel
under Sec.  80.1408 at any time during the compliance period, but do
not incur an RVO under Sec.  80.1408(a)(2)(i), must submit a report to
EPA stating that they redesignated certified NTDF to MVNRLM diesel fuel
during the compliance period, but that their net redesignated volume
was less than or equal to zero, and they therefore did not incur an RVO
for the compliance period.
* * * * *

0
41. Section 80.1452 is amended by revising paragraph (b)(11) and the
last sentence in paragraph (c) introductory text to read as follows:

Sec.  80.1452  What are the requirements related to the EPA Moderated
Transaction System (EMTS)?

* * * * *
    (b) * * *
    (11) The volume of ethanol denaturant and applicable equivalence
value of each batch.
* * * * *
    (c) * * * The reportable event for a RIN separation or retirement
occurs on the date of separation or retirement as described in Sec.
80.1429 or Sec.  80.1434.
* * * * *

0
42. Section 80.1453 is amended by revising paragraphs (b) and (d) and
adding paragraph (e) to read as follows:

Sec.  80.1453  What are the product transfer document (PTD)
requirements for the RFS program?

* * * * *
    (b) Except for transfers to truck carriers, retailers, or wholesale
purchaser-consumers, product codes may be used to convey the
information required under paragraphs (a)(1) through (11) and (e) of
this section if such codes are clearly understood by each transferee.
* * * * *
    (d) For fuel oil meeting paragraph (2) of the definition of
``heating oil'' in Sec.  80.1401, the PTD of the fuel oil shall state:
``This volume of renewable fuel oil is designated and intended to be
used to heat or cool interior spaces of homes or buildings to control
ambient

climate for human comfort. Do NOT use for process heat or cooling or
any other purpose, as these uses are prohibited pursuant to 40 CFR
80.1460(g).''.
    (e) Beginning January 1, 2021, on each occasion when any party
transfers custody or ownership of certified NTDF, except when such fuel
is dispensed into motor vehicles or nonroad vehicles, engines, or
equipment, the transferor must provide to the transferee documents that
include all the following information, as applicable:
    (1) The transferor of certified NTDF must list all applicable
required information as specified at Sec.  80.590 and, if the
distillate fuel contains renewable fuel, all applicable required
information in paragraphs (a), (b), and (d) of this section.
    (2) The transferor must include the following statement on the PTD:
``15 ppm sulfur (maximum) certified NTDF--This fuel is designated for
non-transportation use.''

0
43. Section 80.1454 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1), (d)(4),
(h)(6)(iii), (j) introductory text, (j)(1), and (j)(2) introductory
text;
0
b. Removing vacant paragraph (k) designation;
0
c. Revising paragraphs (n) and (q);
0
d. Redesignating paragraph (t) as paragraph (w); and
0
e. Adding new paragraph (t).
    The revisions and addition reads as follows:

Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

    (a) Requirements for obligated parties and exporters of renewable
fuel. Beginning July 1, 2010, any obligated party (as described at
Sec.  80.1406) or exporter of renewable fuel (as described at Sec.
80.1430) must keep all of the following records:
    (1) Product transfer documents consistent with Sec.  80.1453 and
associated with the obligated party's or exporter of renewable fuel's
activity, if any, as transferor or transferee of renewable fuel or
separated RINs.
* * * * *
    (d) * * *
    (4) Domestic producers of renewable fuel made from any other type
of renewable biomass must have documents from their feedstock supplier
certifying that the feedstock qualifies as renewable biomass as defined
in Sec.  80.1401, describing the feedstock. Separated yard and food
waste, biogenic oils/fats/greases, and separated municipal solid waste
are also subject to the requirements in paragraph (j) of this section.
* * * * *
    (h) * * *
    (6) * * *
    (iii) The survey plan must be sent to the attention of ``RFS
Program'' to the address in Sec.  80.10(a).
* * * * *
    (j) A renewable fuel producer that produces fuel from separated
yard waste (as described in Sec.  80.1426(f)(5)(i)(A)), separated food
waste (as described in Sec.  80.1426(f)(5)(i)(B)), separated municipal
solid waste (as described in Sec.  80.1426(f)(5)(i)(C)), or biogenic
waste oils/fats/greases must keep all the following additional records:
    (1) For separated yard waste, separated food waste, and biogenic
waste oils/fats/greases:
    (i) Documents demonstrating the amounts, by weight, purchased of
separated yard waste, separated food waste, or biogenic waste oils/
fats/greases for use as a feedstock in producing renewable fuel.
    (ii) Documents demonstrating the location of any establishment(s)
from which the waste stream consisting solely of separated yard waste,
separated food waste, or biogenic waste oils/fats/greases is collected.
    (iii) Such other records as may be requested by the Administrator.
    (2) For separated municipal solid waste:
* * * * *
    (n) The records required under paragraphs (a) through (d), (f)
through (l), and (t) of this section and under Sec.  80.1453 shall be
kept for five years from the date they were created, except that
records related to transactions involving RINs shall be kept for five
years from the date of the RIN transaction.
* * * * *
    (q) The records required in paragraphs (b)(3) and (c)(1) of this
section must be transferred with any renewable fuel sent to the
importer of that renewable fuel by any non-RIN-generating foreign
producer.
* * * * *
    (t) Requirements for parties that redesignate certified NTDF as
MVNRLM diesel fuel. Parties that redesignate certified NTDF as MVNRLM
diesel fuel under Sec.  80.1408 must keep all of the following
additional records:
    (1) Records related to all transactions in which certified NTDF is
redesignated as MVNRLM diesel fuel.
    (2) Records related to all transactions in which MVNRLM diesel fuel
is redesignated to a non-transportation use.
    (3) Records related to the volume of MVNRLM diesel fuel received.
    (4) Records related to the volume of MVNRLM diesel fuel delivered.
    (5) Records related to the volume of certified NTDF received.
    (6) Records related to the volume of certified NTDF delivered.
* * * * *

0
44. Section 80.1460 is amended by adding paragraph (b)(7), revising
paragraph (g), and adding paragraph (j) to read as follows:

Sec.  80.1460  What acts are prohibited under the RFS program?

* * * * *
    (b) * * *
    (7) Generate a RIN for fuel that fails to meet all the conditions
set forth in an approval document for a pathway petition submitted
under Sec.  80.1416.
* * * * *
    (g) Failing to use a renewable fuel oil for its intended use. No
person shall use fuel oil that meets paragraph (2) of the definition of
``heating oil'' in Sec.  80.1401 and for which RINs have been generated
in an application other than to heat or cool interior spaces of homes
or buildings to control ambient climate for human comfort.
* * * * *
    (j) Redesignation violations. No person may exceed the balance
requirements at Sec.  80.1408(a)(2)(i) without incurring an RVO.

0
45. Section 80.1461 is amended by revising paragraphs (a)(1) and (2) to
read as follows:

Sec.  80.1461.  Who is liable for violations under the RFS program?

    (a) * * *
    (1) Any person who violates a prohibition under Sec.  80.1460(a)
through (d) or Sec.  80.1460(g) through (j) is liable for the violation
of that prohibition.
    (2) Any person who causes another person to violate a prohibition
under Sec.  80.1460(a) through (d) or Sec.  80.1460(g) through (j) is
liable for a violation of Sec.  80.1460(e).
* * * * *

0
46. Section 80.1463 is amended by revising paragraph (d) to read as
follows:

Sec.  80.1463  What penalties apply under the RFS program?

* * * * *
    (d) Any person liable under Sec.  80.1461(a) for a violation of
Sec.  80.1460(b)(1) through (4), (6), or (7) is subject to a separate
day of violation for each day that an invalid RIN remains available for
an obligated party or exporter of renewable fuel to demonstrate
compliance with the RFS program.

0
47. Section 80.1464 is amended by revising paragraphs (a) introductory
text, (a)(1)(i)(A), (a)(1)(iii), (a)(1)(iv)

introductory text, (a)(1)(iv)(A) and (D), and (a)(1)(v), adding
paragraph (a)(1)(vii), and revising the first sentence of paragraph
(b)(1)(ii) to read as follows:

Sec.  80.1464  What are the attest engagement requirements under the
RFS program?

* * * * *
    (a) Obligated parties and exporters of renewable fuel. The
following attest procedures shall be completed for any obligated party
(as described at Sec.  80.1406(a)) or exporter of renewable fuel (as
described at Sec.  80.1430):
    (1) * * *
    (i) * * *
    (A) The obligated party's volume of all products listed in Sec.
80.1407(c) and (e), or the exporter of renewable fuel's volume of each
category of exported renewable fuel identified in Sec.  80.1430(b)(1)
through (b)(4).
* * * * *
    (iii) For obligated parties, compare the volumes of products listed
in Sec.  80.1407(c), (e), and (f) reported to EPA in the report
required under Sec.  80.1451(a)(1) with the volumes, excluding any
renewable fuel volumes, contained in the inventory reconciliation
analysis under Sec.  80.133 and the volume of non-renewable diesel
produced or imported. Verify that the volumes reported to EPA agree
with the volumes in the inventory reconciliation analysis and the
volumes of non-renewable diesel produced or imported, and report as a
finding any exception.
    (iv) For exporters of renewable fuel, perform all of the following:
    (A) Obtain the database, spreadsheet, or other documentation that
the exporter of renewable fuel maintains for all exported renewable
fuel.
* * * * *
    (D) Select sample batches in accordance with the guidelines in
Sec.  80.127 from each separate category of renewable fuel exported and
identified in Sec.  80.1451(a); obtain invoices, bills of lading and
other documentation for the representative samples; state whether any
of these documents refer to the exported fuel as advanced biofuel or
cellulosic biofuel; and report as a finding whether or not the exporter
of renewable fuel calculated an advanced biofuel or cellulosic biofuel
RVO for these fuels pursuant to Sec.  80.1430(b)(1) or (3).
    (v) Compute and report as a finding the RVOs for the obligated
party or exporter of renewable fuel, and any deficit RVOs carried over
from the previous year or carried into the subsequent year, and verify
that the values agree with the values reported to EPA.
* * * * *
    (vii) For obligated parties that redesignate certified NTDF as
MVNRLM diesel fuel under Sec.  80.1408, perform the additional attest
engagement procedures described at Sec.  80.1475 and report any
findings in the report described in paragraph (d) of this section.
Parties that do not incur an RVO under Sec.  80.1408(a)(2)(i) and do
not otherwise need to complete an attest engagement under this
paragraph (a) do not need to arrange for the additional attest
engagement procedures under Sec.  80.1475 to be performed.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Obtain production data for each renewable fuel batch by type
of renewable fuel that was produced or imported during the year being
reviewed; compute the RIN numbers, production dates, types, volumes of
ethanol denaturant and applicable equivalence values, and production
volumes for each batch; report the total RINs generated during the year
being reviewed; and state whether this information agrees with the
party's reports to EPA. * * *
* * * * *

0
48. Section 80.1466 is amended by:
0
a. Revising the section heading, paragraphs (a) and (b), the paragraph
(c) subject heading, paragraphs (c)(1), (d)(1)(iii) and (v),
(d)(1)(vi)(B), (d)(3)(ii), (e)(2)(ii), (f) introductory text, (f)(1)
introductory text, (f)(1)(ii)(C), (f)(1)(v)(A) and (C), (f)(1)(vii),
(f)(2), (f)(4) through (8), (g), and (h) introductory text;
0
b. In the equation in paragraph (h)(1) revising the definition ``G'';
0
c. Revising paragraphs (h)(3)(iii), (h)(4), (i), (j)(2) through (4),
(k)(1), (k)(2)(ii), (k)(4)(ii), the paragraph (l) subject heading,
paragraphs (l)(1) introductory text, (l)(2)(i), (l)(3), (m)(3)(ii),
(m)(6)(i), (n) introductory text, (n)(1), (3), and (4), (o)
introductory text, and (o)(2); and
0
d. Adding paragraph (p).
    The revisions and addition read as follows:

Sec.  80.1466  What are the additional requirements under this subpart
for foreign renewable fuel producers and importers of renewable fuels?

    (a) Applicability. This section only applies to foreign renewable
fuel producers that are located outside the United States, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands (collectively
referred to in this section as ``the United States'').
    (b) General requirements. A registered foreign renewable fuel
producer under this section must meet all requirements that apply to
renewable fuel producers under this subpart.
    (c) Designation, RIN-generating foreign producer certification, and
product transfer documents. (1) Any registered foreign renewable fuel
producer must designate each batch of such renewable fuel as ``RFS-
FRRF'' at the time the renewable fuel is produced.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Obtain the EPA-assigned registration number of the foreign
renewable fuel producer.
* * * * *
    (v) Determine the date and time the vessel departs the port serving
the RIN-generating foreign producer.
    (vi) * * *
    (B) That the RFS-FRRF remained segregated from Non-RFS-FRRF and
other RFS-FRRF produced by a different foreign producer.
* * * * *
    (3) * * *
    (ii) Be independent under the criteria specified in Sec.
80.65(f)(2)(iii); and
* * * * *
    (e) * * *
    (2) * * *
    (ii) Where the port of entry volume is the lesser of the two
volumes in paragraph (e)(1)(i) of this section, the importer shall
calculate the difference between the number of RINs originally assigned
by the RIN-generating foreign producer and the number of RINs
calculated under Sec.  80.1426 for the volume of renewable fuel as
measured at the port of entry, and acquire and retire that amount of
RINs in accordance with paragraph (k)(3) of this section.
    (f) Foreign producer commitments. Any foreign renewable fuel
producer shall commit to and comply with the following provisions as a
condition to being registered as a foreign renewable fuel producer
under this subpart:
    (1) Any EPA inspector or auditor must be given full, complete, and
immediate access to conduct inspections and audits of the foreign
renewable fuel producer facility.
* * * * *
    (ii) * * *
    (C) Renewable fuel is stored or transported between the foreign
renewable fuel producer and the United States, including storage tanks,
vessels and pipelines.
* * * * *
    (v) * * *
    (A) The volume of renewable fuel.
* * * * *

    (C) Transfers of title or custody to renewable fuel.
* * * * *
    (vii) Any employee of the foreign renewable fuel producer must be
made available for interview by the EPA inspector or auditor, on
request, within a reasonable time period.
* * * * *
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign renewable fuel producer or any employee of the foreign
renewable fuel producer for any action by EPA or otherwise by the
United States related to the requirements of this subpart.
* * * * *
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign renewable
fuel producer or any employee of the foreign renewable fuel producer
related to the provisions of this section.
    (5) Applying to be an approved foreign renewable fuel producer
under this section, or producing or exporting renewable fuel under such
approval, and all other actions to comply with the requirements of this
subpart relating to such approval constitute actions or activities
covered by and within the meaning of the provisions of 28 U.S.C.
1605(a)(2), but solely with respect to actions instituted against the
foreign renewable fuel producer, its agents and employees in any court
or other tribunal in the United States for conduct that violates the
requirements applicable to the foreign renewable fuel producer under
this subpart, including conduct that violates the False Statements
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of
the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign renewable fuel producer, or its agents or
employees, will not seek to detain or to impose civil or criminal
remedies against EPA inspectors or auditors for actions performed
within the scope of EPA employment or contract related to the
provisions of this section.
    (7) The commitment required by this paragraph shall be signed by
the owner or president of the foreign renewable fuel producer company.
    (8) In any case where renewable fuel produced at a foreign
renewable fuel production facility is stored or transported by another
company between the production facility and the vessel that transports
the renewable fuel to the United States, the foreign renewable fuel
producer shall obtain from each such other company a commitment that
meets the requirements specified in paragraphs (f)(1) through (7) of
this section, and these commitments shall be included in the foreign
renewable fuel producer's application to be an approved foreign
renewable fuel producer under this subpart.
    (g) Sovereign immunity. By submitting an application to be an
approved foreign renewable fuel producer under this subpart, or by
producing and exporting renewable fuel to the United States under such
approval, the foreign renewable fuel producer, and its agents and
employees, without exception, become subject to the full operation of
the administrative and judicial enforcement powers and provisions of
the United States without limitation based on sovereign immunity, with
respect to actions instituted against the foreign renewable fuel
producer, its agents and employees in any court or other tribunal in
the United States for conduct that violates the requirements applicable
to the foreign renewable fuel producer under this subpart, including
conduct that violates the False Statements Accountability Act of 1996
(18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C.
7413).
    (h) Bond posting. Any RIN-generating foreign producer shall meet
the following requirements as a condition to approval as a RIN-