Under the conditions of the study, no difference in the inhibition of growth between these two strains was noted at any of the doses tested.  Since the test measures the inhibition of growth in response to the test article, the requirement that chemicals be tested to the limits of cytotoxicity was satisfied.  The positive controls, 2-(2-furyl)-3-(5-nitro-2-furyl)acrlamide (AF-2), caused a differential growth inhibition, whereas the negative controls (NaOH, HCL, and Kanamycin) produced no significant difference in growth inhibition.  The test system was therefore sensitive to agents that damage DNA.  Under the conditions of the test, the test article failed to cause damage to DNA that could be detected by this repair assay.
870.5550 Unschedule DNA synthesis in mammalian cells in culture
40345614 (1984)
Acceptable/guideline
0.1 to 5240 μg/mL
In an unscheduled DNA synthesis assay (MRID 40345614), primary rat hepatocyte cultures were exposed to HOE 039886 in deionized water at 15 concentrations ranging from 0.1 to 5240 μg/mL for 18 - 19 hours. HOE 039866 was tested up to cytotoxic concentrations as evidenced by decreased survival rate as low as 34%  There was no evidence that unscheduled DNA synthesis was induced by the test material.
870.6200
Acute Neurotoxicity -rat
45190704 (1999)
Acceptable/nonguideline
0, 10, 100 or 500 mg/kg
NOAEL= 500 mg/kg in males and females
LOAEL= Not established in both sexes
870.6200
Acute Neurotoxicity -rat
45190703 (1999)
Acceptable/nonguideline
0, 10, 100 or 500 mg/kg
NOAEL= 500 mg/kg in males and females
LOAEL= Not established in both sexes

870.6200b Repeat Dose Neurotoxicity-rat (37-day study)
45179101, 45179102, 45297001 (2000)
Acceptable/nonguideline
0, 20, 200 or 2000 ppm
0/0, 1.5/1.8, 14.9/17.1 or 143.3/161.5 mg/kg/day, M/F
NOAEL= 1.5 mg/kg/day in males, 1.8 mg/kg/day in females
LOAEL= 14.9 mg/kg/day in males, 17.1 mg/kg/day in females, based on the inhibition of glutamate synthetase in the brain
870.6200b Repeat Dose Neurotoxicity-rat (90-day study)
42768201 (1993)
Unacceptable/guideline
0, 7500, 10000 or 20000 ppm
0/0, 521.45/573.79, 685.95/740.57 or  1351.09/1442.64 mg/kg/day, M/F
NOAEL= Not established
LOAEL= 521.45 mg/kg/day in males, 573.79 mg/kg/day in females based on increases in the incidence of decreased exploratory activity, decreased alertness, decreased startle response and meiosis
870.6300. Developmental Neurotoxicity study  -  rats.
46455701 (2004)
Acceptable/Non-guideline
0, 14, 69 or 292 mg/kg/day (during gestation)
Maternal:
NOAEL = 69 mg/kg/day.
LOAEL = 292 mg/kg/day based on decreased body weight, body weight gain and food consumption during gestation and lactation.
Developmental:
NOAEL  -  Not established.
LOAEL = 14 mg/kg/day based on altered brain morphogenics.
870.7485 Metabolism and pharmacokinetics - rat
43766913 (1993)
Acceptable/nonguideline
2.0 mg/kg single dose
In a metabolism study (85-1), groups of Wistar rats (5/sex) received a single dose (2 mg/kg) of 14C-Hoe 039866 (glufosinate ammonium) by gavage. The majority of the radioactivity (95-98% of the dose) was eliminated during the first 24 hrs after dosing. The parent compound, Hoe 039866, accounted for most of the eliminated radioactivity in the urine and feces of both males (80% of the dose) and females (73% of the dose). The metabolite, Hoe 061517, was consistently found in both urine and feces of both sexes. Hoe 099730 (7-8% of the dose) and Hoe 042231 (3% of the dose) were found in the feces of both male and female rats and none in the urine.
870.7485 Metabolism and pharmacokinetics - rat
43766914, 43778402 (1995)
Acceptable/nonguideline
500 mg/kg single dose

In a metabolism study, groups of Wistar rats (5/sex or 2/sex) received a single dose (500 mg/kg) of 14C-Hoe 039866 (glufosinate ammonium) by gavage. Animals were sacrificed at various times (2, 6, 24, and 96 hrs) after dosing.  The majority of the radioactivity was eliminated during the first 24 to 48 hrs after dosing. The parent compound, Hoe 039866, accounted for the majority of the radioactivity eliminated in the excreta of both males (80% of the dose) and females (88% of the dose).  This finding is consistent with the results of a previous metabolism studies (MRID No. 40345638 and MRID No. 43766913).  The metabolite, Hoe 061517, was consistently found in both urine (0.22-1.20% of the dose) and feces (0.44-1.36% of the dose) of both sexes. Hoe 099730 was found in feces (0.28-1.72% of the dose) of both male and female rats and barely above or at the level of the detection in the urine of both sexes (0.02-0.04% of the dose). Hoe 042231 was mainly found in the feces of both male and females (0.2-0.28% of the dose).  Very little if any of administered Hoe 039866 was sequestered in any tissues examined.
870.7485 Metabolism and pharmacokinetics - rat
40345640 (1985)
Acceptable/nonguideline
30 mg/kg single dose
Groups of Wistar rats (5/sex) were orally administered a single nominal dose (30 mg/kg) of  14C-HOE 039866. Rapid elimination during the first 24 hr for both males and females was observed.  The major route of excretion was via feces (88% and 84% of the administered radioactivity for males and females, respectively).  Within seven days of post dosing, greater than 94% of the dose was eliminated.  Kinetics analysis indicated that the process of excretion was a two-phase process.  The tissue radioactivity level for kidneys, liver and gonads was just above the background level.
870.7485 Metabolism and pharmacokinetics - rat
43766913 (1993)
Acceptable/nonguideline
2.0 mg/kg single dose

In a metabolism study (85-1), groups of Wistar rats (5/sex) received a single dose (2 mg/kg) of 14C-Hoe 039866 (glufosinate ammonium) by gavage. The majority of the radioactivity (95-98% of the dose) was eliminated during the first 24 hrs after dosing. The parent compound, Hoe 039866, accounted for most of the eliminated radioactivity in the urine and feces of both males (80% of the dose) and females (73% of the dose). The metabolite, Hoe 061517, was consistently found in both urine and feces of both sexes. Hoe 099730 (7-8% of the dose) and Hoe 042231 (3% of the dose) were found in the feces of both male and female rats and none in the urine.
870.7485 Metabolism and pharmacokinetics - rat
40345642 (1985)
Acceptable/nonguideline
2.0 mg/kg/day (repeat dose 14 days)
Groups of Wistar rats (6/sex) were orally administered (gavage) unlabeled HOE 039866 for 14 days and 14C-HOE039866 at the 15th day at a nominal dose of 2 mg/kg.  The majority of the radioactivity was excreted within 24 hr after the last dose.  The major route of elimination was via feces.  There was also a two-phased elimination process.  More radioactivity was found in the tissues of animals dosed repeatedly than that of animals receiving a single dose.
870.7600
Dermal Penetration-rat
40345620 (1986)
Acceptable/guideline
0, 0.1, 1.0 or 10.0  mg/6cm2
The results indicate that at the low dose (0.1 mg) 42.5 to 50.8% of the applied radioactivity was absorbed whereas at the high dose (10 mg) 26% was absorbed.  After removal and washing of the treated skin a substantial amount of the radioactivity still remained in the skin, and it was gradually absorbed and eliminated.  Radioactivity was found in both feces and urine samples, but the majority of HOE 039866 was eliminated in the urine.  In all organs/tissues examined, radioactivity was found to reach a maximum level either at four or 10 hr after exposure.  Subsequently, the radioactivity dropped rapidly.  The amount of radioactivity found in the brain was very minimal relative to that of kidneys and liver.
870.7600.  Dermal penetration  -  rat
45922103 (1995)
Acceptable/Guideline
12, 116 or 1218 μg/cm2 .
A dermal absorption factor of 9% can be supported based on similar total absorbed and remaining on the skin at 10 and 24 hours
                             HOE 061517 Metabolite
870.3100
90-Day oral toxicity rodents-rat

44076206 (1988)
Acceptable/guideline)
0, 400, 1600 or 6400 ppm
0/0, 30/32, 102/113 or 420/439 mg/kg/day M/F

NOAEL = 102 mg/kg/day in males, 113 mg/kg/day in females
LOAEL = 420 mg/kg/day in males, 439 mg/kg/day in females based on increased in reticulocytes and increased in absolute and relative liver weights in males

870.3100
90-Day oral toxicity rodents-mice

44076207 (1989)
Acceptable/guideline)
0, 320, 1600, 3200 or 8000 ppm
0/0, 46/47, 209/220, 496/561 or 1121/1340 mg/kg/day M/F

NOAEL = 1121 mg/kg/day in males, 1340 mg/kg/day in females
LOAEL = Not established

870.3700a
Prenatal developmental in rodents- rat

44076209 (1994)
Acceptable/nonguideline
0, 100, 300 or 900 mg/kg/day

Maternal: NOAEL = 300 mg/kg/day
LOAEL = 900 mg/kg/day based on one death and clinical findings (persistent piloerection and/or increased urinary output)
Developmental: NOAEL = 300 mg/kg/day
LOAEL =900 mg/kg/day based on increases in the incidences of total litter loss and in the fetal and litter incidences of wavy and/or thickened ribs
870.3700b Prenatal developmental in nonrodents- rabbit
44076210 (1994)
Unacceptable/guideline
0, 50, 100 or 200 mg/kg/day
Maternal: NOAEL = 50 mg/kg/day
LOAEL = 100 mg/kg/day based on increased abortions, mortality, and reductions in food and water consumption, body weight gain, and fecal output
Developmental: NOAEL = 200 mg/kg/day
LOAEL = Not observed
                             HOE 099730 metabolite

870.3100
90-Day oral toxicity rodents-rat

44076201 (1994)
Acceptable/guideline
0, 400, 2000 or 10,000 ppm
0/0, 29/32, 147/162 or 738/800 mg/kg/day M/F

NOAEL = 147 mg/kg/day in males, 162 mg/kg/day in females
LOAEL = 738 mg/kg/day in males, 800 mg/kg/day in females based on glutamine synthetase inhibition in the brain

870.3100
90-Day oral toxicity rodents-mice

44076202 (1994)
Acceptable/guideline
0, 500, 2000 or 8000 ppm
0/0, 83/110, 324/436 or 1296/1743 mg/kg/day M/F

NOAEL = Not established for males, 110 mg/kg/day in females
LOAEL = 83 mg/kg/day in males, 436 mg/kg/day in females based on glutamine synthetase inhibition in the brain

870.3150 Subchronic Nonrodent Oral Toxicity-dog

44076203 (1994)
Acceptable/guideline
0, 500, 2000 or 8000 ppm
0/, 19/21, 72/79 or 289/300 mg/kg/day M/F

NOAEL = 19 mg/kg/day in males, 21 mg/kg/day in females
LOAEL = 72 mg/kg/day in males, 79 mg/kg/day in females based on glutamine synthetase inhibition in the brain

870.3700a
Prenatal developmental in rodents- rat

44076204 (1993)
Acceptable/guideline
0 or 1000 mg/kg/day

Maternal: NOAEL = 1000 mg/kg/day
LOAEL = Not observed
Developmental: NOAEL = 1000 mg/kg/day
LOAEL = Not observed

870.3700b Prenatal developmental in nonrodents- rabbit

44076205 (1995)
Acceptable/guideline
0, 64, 160 or 400 mg/kg/day

Maternal: NOAEL = 64 mg/kg/day
LOAEL = 160 mg/kg/day based on reduced feed consumption
Developmental: NOAEL = 64 mg/kg/day
LOAEL = 160 based on uni- or bilateral extra at the 13[th] thoracic vertebra

870.6200
Acute Neurotoxicity -rat

45190702 (1999)
Acceptable/nonguideline
0, 100, 1000 or 2000 mg/kg

NOAEL= 1000 mg/kg in males and females
LOAEL= 2000 mg/kg in males and females based on clinical signs of toxicity including sedation, ruffled fur, and diarrhea

870.6200
Acute Neurotoxicity -rat

45190701 (1999)
Acceptable/nonguideline
0, 100, 1000 or 2000 mg/kg

NOAEL= 100 mg/kg in males and females
LOAEL= 1000 mg/kg in males and females based on decreased body weight gain

870.6200b Repeat Dose Neurotoxicity-rat

45179101, 45179102, 45297001 (2000); Acceptable/nonguideline
0, 20, 200 or 2000 ppm
0/0, 1.6/1.75, 15.5/17.7 or 158.9/179.4 mg/kg/day, M/F

NOAEL= 158.9 mg/kg/day in males, 179.4 mg/kg/day in females
LOAEL= Not established in males and females

                 HOE 058192 (L-isomer of glufosinate ammonium)

870.3100
90-Day oral toxicity rodents-rat

44068501 (1989)
Acceptable/guideline
0, 25, 250, 1250 or 2500 ppm
0/0, 1.9/1.9, 18.5/19.8, 91.8/100.3 or 186.4/194.3  mg/kg/day M/F

NOAEL = 18.5 mg/kg/day in males, 19.8 mg/kg/day in females
LOAEL = 91.8 mg/kg/day in males, 100.3 mg/kg/day in females based on increased ammonia levels in the plasma and urine and slight kidney weight increases

870.3150 Subchronic Nonrodent Oral Toxicity-dog

44068502 (1989)
Acceptable/guideline
0, 2, 5 or 8.5 mg/kg/day

NOAEL = 2 mg/kg/day
LOAEL = 5 mg/kg/day based on increased plasma and kidney ammonia levels

870.3700b Prenatal developmental in nonrodents- rabbit

43829405 (1992)
Acceptable/guideline
0, 1.25, 2.50, or 5.00 mg/kg/day

Maternal: NOAEL = 1.25 mg/kg/day ; LOAEL = 2.50 mg/kg/day based on decrease in body weight gains and food consumption, neurotoxic signs and abortions
Developmental: NOAEL = 1.25 mg/kg/day; LOAEL = 2.50 mg/kg/day based on an increase in post implantation loss (fetal resorptions)

Appendix B.  Magnitude of the Residue Considerations

Citrus Fruit
For citrus fruits, a total of twenty three magnitude of the residue field trials were conducted for orange, lemon, and grapefruit.  A summary of the residue data is presented in Table B.1.  Eight of the 23 trials used a non-ionic antifoam adjuvant.  Following three broadcast applications at a target rate of 1.50 lb ai/A/application, with a 14-day RTI and a 14-day PHI, residues of glufosinate ammonium (GA) and its two metabolites, glufosinate propanoic acid (MPP) and N-acetylglufosinate (NAG) were not detected above the limit of quantitation (LOQ) (0.05 ppm) in/on oranges, lemons, or grapefruit.  Residue decline studies performed on each of the three representative crop types at PHIs of 7, 11, 14, 17, and 21 days showed residues below the LOQ for all residues of concern.  Accordingly, the appropriate tolerance level for citrus fruit is 0.15 ppm [computed as the sum of the LOQs for each of the three residues of concern].

Stone Fruit
For peach, nine crop field trials were conducted, all without adjuvant.  Following two broadcast applications at a target rate of 1.50 lb ai/A/application, with a 28-day RTI and a 14-day PHI, there were no residues of GA, MPP or NAG detected above the LOQ (0.05 ppm) in/on peach samples.  There were no residue decline studies performed for peach.

For plum and cherry, six crop field trials each were conducted.  Five of the 12 trials for plum and cherries used a non-ionic antifoam adjuvant.  Following two broadcast applications at a target rate of 1.50 lb ai/A/application, with a 28-day RTI and a 14-day PHI, residues of GA and NAG were not detected above the LOQ (0.05 ppm).  One cherry trial and one plum trial showed MPP residues above the LOQ.  Thus, for cherries, the highest average field trial (HAFT) was 0.083 ppm with a maximum residue of 0.098 ppm MPP.  For total glufosinate ammonium, the cherry HAFT was 0.183 ppm with a maximum residue of 0.198 ppm.  For plums, the HAFT was 0.0655 ppm with a maximum residue of 0.066 ppm MPP.  For total glufosinate ammonium, the plum HAFT was 0.1655 ppm with a maximum residue of 0.166 ppm.  Results from the residue decline studies performed on both crops at PHIs of 7, 11, 14, 17, and 21 days indicated that total glufosinate ammonium residues in cherry and plum were found to be near or below the LOQ at all PHIs;  therefore, a trend was not observed.  The recommended stone fruit tolerance level was based on the cherry data; the maximum total glufosinate ammonium residue of 0.198 ppm indicates a stone fruit tolerance level of 0.25 ppm is appropriate.

Pome Fruit
For pear, six crop field trials were conducted.  In all trials, ammonium sulfate fertilizer was added to each tank mixture.  Two sites received a non-ionic antifoam adjuvant.  Following three broadcast applications at a target rate of 1.50 lb ai/A/application, with a 14-day RTI and a 14-day PHI, residues of GA and NAG in/on pear were less than the LOQ (0.05 ppm).  However, one pear trial found MPP residues above the LOQ.  Specifically, the pear HAFT for MPP was 0.081 ppm, and the maximum residue was 0.089 ppm.  For total glufosinate ammonium, the pear HAFT was 0.181 ppm with a maximum residue of 0.189 ppm.  Results from the residue decline study with PHIs of 7, 9, 14, 16, and 21 days showed all residues of concern were below the LOQ at all sampling intervals.

The established apple tolerance of 0.05 ppm is based on the same use pattern used in the pear trials.  Accordingly, it is appropriate to recommend a pome fruit tolerance based on the pear trials.  The maximum total glufosinate ammonium residues of 0.189 ppm indicates a pome fruit tolerance level of 0.25 ppm is appropriate.

Olive
For olive, three crop field trials were conducted.  In all trials, ammonium sulfate fertilizer was added to each tank mixture.  In two of the trials, a non-ionic antifoam adjuvant was also added to the tank mixture.  Following three broadcast applications at a target rate of 1.50 lb ai/A/application, with a 14-day RTI and a 14-day PHI, there were no residues of GA, MPP, or NAG detected above the LOQ (0.05 ppm) in/on olive samples.  There were no residue decline studies performed for olive.  The appropriate tolerance level for olive is 0.15 ppm [computed as the sum of the LOQs for each of the three residues of concern].

Sweet Corn
For sweet corn, twelve crop field trials were conducted (see Table B.2).  Two of the trials in Arlington, Wisconsin were conducted in the same field in the same year, and therefore cannot be considered independent.  In all trials, ammonium sulfate fertilizer was added to each tank mixture, but no adjuvant was used.  Following two foliar applications at a rate of 0.375 lb ai/A, with a RTI of 14 days and a PHI of 30-50 days, maximum total glufosinate ammonium residues in/on sweet corn ears, forage and stover were 0.19, 0.79, and 3.70 ppm, respectively.  The tolerance levels for sweet corn commodities were determined using the Organization for Economic Cooperation and Development (OECD) tolerance calculation procedures.  Thus, the recommended tolerance levels for sweet corn ears, forage, and stover are 0.30, 1.5, and 6.0 ppm, respectively.

TABLE B.1.  Summary of Total Glufosinate Ammonium Residues (sum of GA + MPP + NAG) in Fruits and Olive.
Commodity
                         Total Applic. Rate (lb ai/A)

                                  PHI (days)
                             Residue Levels (ppm)

                                     n[1]
                                     Min.
                                     Max.
                                     HAFT
                                    Median
                                     Mean
Orange
                                 4.38 to 4.61

                                      14
                                      24
                                   <0.15
                                   <0.15
                                   <0.15
                                      NA
                                      NA
Lemon
                                 4.50 to 4.53

                                      14
                                      10
                                   <0.15
                                   <0.15
                                   <0.15
                                      NA
                                      NA
Grapefruit
                                 4.47 to 4.58

                                      14
                                      12
                                   <0.15
                                   <0.15
                                   <0.15
                                      NA
                                      NA
Pear
                                 4.45 to 4.57

                                      14
                                      12
                                   <0.15
                                     0.189
                                     0.181
                                     0.15
                                     0.155
Cherry
                                 3.00 to 3.11

                                      14
                                      12
                                   <0.15
                                     0.198
                                     0.183
                                     0.15
                                     0.156
Plum
                                 2.92 to 3.03

                                      14
                                      12
                                   <0.15
                                     0.166
                                    0.1655
                                     0.15
                                     0.153
Peach
                                 2.86 to 3.07
                                      14
                                      18
                                   <0.15
                                   <0.15
                                   <0.15
                                      NA
                                      NA
Olive
                                 4.50 to 4.52

                                      14
                                       6
                                   <0.15
                                   <0.15
                                   <0.15
                                      NA
                                      NA
[1]  Two values per field trial.

TABLE B.2.  Summary of Total Glufosinate Ammonium Residues (sum of GA + MPP + NAG) in Sweet Corn.
Commodity
                         Total Applic. Rate (lb ai/A)
                                  PHI (days)
                             Residue Levels (ppm)

                                     n[1]
                                     Min.
                                     Max.
                                     HAFT
                                    Median
                                     Mean
Sweet Corn, Ears
                                     0.75
                                     30-50
                                      11
                                     0.10
                                     0.19
                                     0.19
                                     0.10
                                     0.11
Sweet Corn, Forage
                                     0.75
                                     30-50
                                      11
                                     0.18
                                     0.79
                                     0.79
                                     0.31
                                     0.39
Sweet Corn, Stover
                                     0.75
                                     30-50
                                      11
                                     0.16
                                      3.7
                                      3.7
                                     1.53
                                     1.42
[1] One value per field trial:  replicate averages.


(d) (1) The 2010 price for cellulosic biofuel waiver credits is
$1.56 per waiver credit.
    (2) The 2011 price for cellulosic biofuel waiver credits is $1.13
per waiver credit.
    (3) The 2012 price for cellulosic biofuel waiver credits is $0.78
per waiver credit.

0
5. Section 80.1415 is amended by revising paragraph (c)(2) to read as
follows:

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

* * * * *
    (c) * * *
    (2) The application for an equivalence value shall include a
technical justification that includes all the following:
    (i) A calculation for the requested equivalence value according to
the equation in paragraph (c)(1) of this section, including supporting
documentation for the value of EC used in the calculation such as a
certificate of analysis from a laboratory that verifies the lower
heating value in Btu per gallon of the renewable fuel produced.
    (ii) For each feedstock, component, or additive that is used to
make the renewable fuel, provide a description, the percent input, and
identify whether or not it is renewable biomass or is derived from
renewable biomass.
    (iii) For each feedstock that also qualifies as a renewable fuel,
state whether or not RINs have been previously generated for such
feedstock.
    (iv) A description of the renewable fuel and the production
process, including a block diagram that shows all inputs and outputs at
each step of the production process with a sample quantity of all
inputs and outputs for one batch of renewable fuel produced.
* * * * *

0
6. Section 80.1426 is amended as follows:
0
a. By revising paragraph (f)(1).
0
b. By revising paragraph (f)(5)(ii).

Sec.  80.1426  How are RINs generated and assigned to batches of
renewable fuel by renewable fuel producers or importers?

* * * * *
    (f) * * *
    (1) Applicable pathways. D codes shall be used in RINs generated by
producers or importers of renewable fuel according to the pathways
listed in Table 1 to this section, paragraph (f)(6) of this section, or
as approved by the Administrator. In choosing an appropriate D code,
producers and importers may disregard any incidental, de minimis
feedstock contaminants that are impractical to remove and are related
to customary feedstock production and transport. Tables 1 and 2 to this
section do not apply to, and impose no requirements with respect to,
volumes of fuel for which RINs are generated pursuant to paragraph
(f)(6) of this section.
* * * * *
    (5) * * *
    (ii) (A) A feedstock qualifies under paragraph (f)(5)(i)(A) or
(f)(5)(i)(B) of this section only if it is collected according to a
plan submitted to and accepted by U.S. EPA under the registration
procedures specified in Sec.  80.1450(b)(1)(vii).
    (B) A feedstock qualifies under paragraph (f)(5)(i)(C) of this
section only if it is collected according to a plan submitted to and
approved by U.S. EPA.
* * * * *

0
7. Section 80.1429 is amended by revising paragraphs (b)(2) and (b)(9)
introductory text to read as follows:

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

* * * * *
    (b) * * *
    (2) Except as provided in paragraph (b)(6) of this section, any
party that owns a volume of renewable fuel must separate any RINs that
have been assigned to that volume once the volume is blended with
gasoline or fossil-based diesel to produce a transportation fuel,
heating oil, or jet fuel. A party may separate up to 2.5 RINs per
gallon of blended renewable fuel.
* * * * *
    (9) Except as provided in paragraphs (b)(2) through (b)(5) and
(b)(8) of this section, parties whose non-export renewable volume
obligations are solely related to either the importation of products
listed in Sec.  80.1407(c) or Sec.  80.1407(e) or to the addition of
blendstocks into a volume of finished gasoline, finished diesel fuel,
RBOB, or CBOB, can only separate RINs from volumes of renewable fuel if
the number of gallon-RINs separated in a calendar year is less than or
equal to a limit set as follows:
* * * * *

0
8. Section 80.1431 is amended by adding a new paragraph (c) to read as
follows:

Sec.  80.1431  Treatment of invalid RINs.

* * * * *
    (c) Notwithstanding paragraph (b) of this section, improperly
generated RINs may be used for compliance provided that all of the
following conditions and requirements are satisfied and the renewable
fuel producer or importer who improperly generated the RINs
demonstrates that the conditions and requirements are satisfied through
the reporting and recordkeeping requirements set forth below, that:
    (1) The number of RINs generated for a batch exceeds the number of
RINs that should have been properly generated.
    (2) The RINs were improperly generated as a result of a broken
meter,

an inadvertent temperature correction error, or an inadvertent
administrative error.
    (3) The renewable fuel producer or importer had in place at the
time the RINs were improperly generated a quality assurance/quality
control plan designed to ensure that process measuring equipment such
as meters and temperature probes are properly maintained and to prevent
inadvertent administrative errors.
    (4) The renewable fuel producer or importer has taken any
appropriate additional steps to prevent similar violations from
occurring in the future.
    (5) The improperly generated RINs have been transferred to another
party.
    (6) The renewable fuel producer or importer has not improperly
generated RINs for the reasons described in paragraph (c)(2) of this
section on more than five batches during any calendar year.
    (7) All of the following remedial actions have been implemented
within 30 days of the EMTS submission date of the improper RIN
generation:
    (i) The renewable fuel producer or importer retires an equal number
of valid RINs with the same D Code and RIN year as the properly
generated RINs, using an EMTS retire code of 110.
    (ii) The renewable fuel producer or importer reports all the
following information to EPA via EMTS, which EPA may make publicly
available:
    (A) Company name.
    (B) Company ID.
    (C) Facility name.
    (D) Facility ID.
    (E) The date the renewable fuel was produced.
    (F) The date the RINs were originally generated.
    (G) The number of RINs generated.
    (H) The number of RINs improperly generated.
    (I) RIN year.
    (J) D codes of generated RINs.
    (K) Batch numbers.
    (L) EMTS Transaction ID of the original generation.
    (M) An explanation of how the violation occurred, and why the
improperly generated RINs meet the criteria in paragraph (c)(2) of this
section.
    (N) Steps taken to prevent similar violations from occurring in the
future.
    (O) Information under paragraphs (c)(3), (c)(4), and (c)(5) of this
section.
    (P) Any additional information the Administrator may require.
    (8) The renewable fuel producer or importer maintains all records
relating to the improper RIN generation and the associated remedial
actions taken, including but not limited to any of the following:
    (i) All information regarding the generation of invalid RINs,
including information that is sufficient to demonstrate that the
improperly generated RINs meet the criteria in paragraph (c)(2) of this
section.
    (ii) Documents demonstrating that the renewable fuel producer or
importer has implemented the quality control/quality assurance plan
required in paragraph (c)(3) of this section, and has taken all
appropriate additional steps to prevent similar violations from
occurring in the future.
    (iii) All correspondence with EPA.
    (iv) All EMTS transactions (Generation, Buy, Sell and Retire).
    (v) All Product Transfer Documents (PTDs).
    (d) If EPA determines that a renewable fuel producer improperly
generated RINs but did not meet the requirements set forth in paragraph
(c) of this section, then the requirements of paragraph (b) of this
section apply from the moment that the invalid RINs were generated in
EMTS. Once the RIN generator has identified improperly generated RINs
to EPA, then EPA may remove these improperly generated RINs from EMTS.

0
9. Section 80.1449 is amended by revising paragraph (a) introductory
text to read as follows:

Sec.  80.1449  What are the Production Outlook Report requirements?

    (a) By June 1 of each year (September 1 for the report due in
2010), a registered renewable fuel producer or importer must submit and
an unregistered renewable fuel producer may submit all of the following
information for each of its facilities, as applicable, to EPA:
* * * * *

0
10. Section 80.1450 is amended by revising paragraphs (d)(1) through
(d)(3) to read as follows:

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

* * * * *
    (d) * * *
    (1) Any producer of renewable fuel, and any foreign ethanol
producer who makes changes to his facility that will allow him to
produce renewable fuel, as defined in Sec.  80.1401 that is not
reflected in the producer's registration information on file with EPA
must update his 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. The
producer may also submit an addendum to the independent third-party
engineering review on file with EPA provided the addendum meets all the
requirements in paragraph (b)(2) of this section and verifies for EPA
the most up-to-date information at the producer's existing facility.
    (2) Any producer of renewable fuel and any foreign ethanol producer
who makes any other changes to a facility that will affect the
producer's registration information but will not affect the renewable
fuel category for which the producer is registered per paragraph (b) of
this section must update his registration information 7 days prior to
the change.
    (3) All producers of renewable fuel and foreign ethanol producers
must update registration information and submit an updated independent
third-party engineering review according to the schedule in paragraph
(d)(3)(i) or (d)(3)(ii) of this section, and including the information
specified in paragraph (d)(3)(iii) of this section:
    (i) For all producers of renewable fuel and foreign ethanol
producers registered in calendar year 2010, the updated registration
information and independent third-party engineering review shall be
submitted to EPA by January 31, 2013, and by January 31 of every third
calendar year thereafter; or
    (ii) For all producers of renewable fuel and foreign ethanol
producers registered in any calendar year after 2010, the updated
registration information and independent third-party engineering review
shall be submitted to EPA by January 31 of every third calendar year
after the first year of registration.
    (iii) In addition to conducting the engineering review and written
report and verification required by paragraph (b)(2) of this section,
the updated independent third-party engineering review shall include a
detailed review of the renewable fuel producer's calculations used to
determine VRIN of a representative sample of batches of each
type of renewable fuel produced since the last registration. The
representative sample shall be selected in accordance with the sample
size guidelines set forth at Sec.  80.127.
* * * * *

0
11. Section 80.1451 is amended by revising paragraph (a)(1)(xi) to read
as follows:

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

    (a) * * *
    (1) * * *
    (xi) A list of all RINs generated prior to July 1, 2010 that were
retired for compliance in the reporting period.
* * * * *

0
12. Section 80.1452 is amended revising paragraphs (b)(2), (b)(4), and
(b)(5) to read as follows:

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

* * * * *
    (b) * * *
    (2) The EPA company registration number of the renewable fuel
producer or foreign ethanol producer, as applicable.
* * * * *
    (4) The EPA facility registration number of the facility at which
the renewable fuel producer or foreign ethanol producer produced the
batch, as applicable.
    (5) The EPA facility registration number of the importer that
imported the batch, if applicable.
* * * * *

0
13. Section 80.1460 is amended by adding a new paragraph (b)(6) to read
as follows:

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

* * * * *
    (b) * * *
    (6) Generate a RIN for fuel for which RINs have previously been
generated.
* * * * *

0
14. Section 80.1464 is amended as follows:
0
a. By revising paragraph (a)(2) heading and paragraph (a)(2)(i).
0
b. By adding paragraphs (a)(2)(iii) and (a)(2)(iv).
0
c. By revising paragraph (a)(3)(ii).
0
d. By revising paragraph (b)(2) heading and paragraph (b)(2)(i).
0
e. By adding paragraphs (b)(2)(iii) and (b)(2)(iv).
0
f. By revising paragraph (b)(3)(ii).
0
g. By revising paragraph (c)(1) heading.
0
h. By adding paragraphs (c)(1)(iii) and (c)(1)(iv).

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

* * * * *
    (a) * * *
    (2) RIN transaction reports and product transfer documents.
    (i) Obtain and read copies of a representative sample, selected in
accordance with the guidelines in Sec.  80.127, of each RIN transaction
type (RINs purchased, RINs sold, RINs retired, RINs separated, RINs
reinstated) included in the RIN transaction reports required under
Sec.  80.1451(a)(2) for the compliance year.
* * * * *
    (iii) Verify that the product transfer documents for the
representative samples under paragraph (a)(2)(i) of this section of
RINs sold and the RINs purchased contain the applicable information
required under Sec.  80.1453 and report as a finding any product
transfer document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the
product transfer documents reviewed pursuant to paragraph (a)(2)(iii)
of this section and report as a finding any exceptions.
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the RIN activity reports; compare the
RIN transaction samples reviewed under paragraph (a)(2) of this section
with the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies; compute the total number of
current-year and prior-year RINs owned at the start and end of each
quarter, purchased, separated, sold, retired and reinstated, and for
parties that reported RIN activity for RINs assigned to a volume of
renewable fuel, the volume and type of renewable fuel (as defined in
Sec.  80.1401) owned at the end of each quarter; as represented in
these documents; and state whether this information agrees with the
party's reports to EPA.
    (b) * * *
    (2) RIN transaction reports and product transfer documents.
    (i) Obtain and read copies of a representative sample, selected in
accordance with the guidelines in Sec.  80.127, of each transaction
type (RINs purchased, RINs sold, RINs retired, RINs separated, RINs
reinstated) included in the RIN transaction reports required under
Sec.  80.1451(b)(2) for the compliance year.
* * * * *
    (iii) Verify that the product transfer documents for the
representative samples under paragraph (b)(2)(i) of this section of
RINs sold and the RINs purchased contain the applicable information
required under Sec.  80.1453 and report as a finding any product
transfer document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the
product transfer documents reviewed pursuant to paragraph (b)(2)(iii)
of this section and report as a finding any exceptions.
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the RIN activity reports; compare the
RIN transaction samples reviewed under paragraph (b)(2) of this section
with the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies; report the total number of each
RIN generated during each quarter and compute and report the total
number of current-year and prior-year RINs owned at the start and end
of each quarter, purchased, separated, sold, retired and reinstated,
and for parties that reported RIN activity for RINs assigned to a
volume of renewable fuel, the volume of renewable fuel owned at the end
of each quarter, as represented in these documents; and state whether
this information agrees with the party's reports to EPA.
* * * * *
    (c) * * *
    (1) RIN transaction reports and product transfer documents.
* * * * *
    (iii) Verify that the product transfer documents for the
representative samples under paragraph (c)(1)(i) of this section of
RINs sold and RINs purchased contain the applicable information
required under Sec.  80.1453 and report as a finding any product
transfer document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the
product transfer documents reviewed pursuant to paragraph (c)(1)(iii)
of this section and report as a finding any exceptions.
* * * * *

0
15. Section 80.1465 is amended by revising paragraph (h)(2) to read as
follows:

Sec.  80.1465  What are the additional requirements under this subpart
for foreign small refiners, foreign small refineries, and importers of
RFS-FRFUEL?

* * * * *
    (h) * * *
    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign refiner, provided EPA agrees in
advance as to the third party and the nature of the surety agreement.
* * * * *

0
16. Section 80.1466 is amended by revising paragraph (h)(2) to read as
follows:

Sec.  80.1466  What are the additional requirements under this subpart
for RIN- generating foreign producers and importers of renewable fuels
for which RINs have been generated by the foreign producer?

* * * * *

    (h) * * *
    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign producer, provided EPA agrees in
advance as to the third party and the nature of the surety agreement.
* * * * *

0
17. Section 80.1467 is amended by revising paragraphs (e)(1), (e)(2),
and (g)(2) to read as follows:

Sec.  80.1467  What are the additional requirements under this subpart
for a foreign RIN owner?

* * * * *
    (e) * * *
    (1) The foreign entity shall post a bond of the amount calculated
using the following equation:

Bond = G * $ 0.01

Where:

Bond = Amount of the bond in U.S. dollars.
G = The total of the number of gallon-RINs the foreign entity
expects to obtain, sell, transfer or hold during the first calendar
year that the foreign entity is a RIN owner, plus the number of
gallon-RINs the foreign entity expects to obtain, sell, transfer or
hold during the next four calendar years. After the first calendar
year, the bond amount shall be based on the actual number of gallon-
RINs obtained, sold, or transferred so far during the current
calendar year plus the number of gallon-RINs obtained, sold, or
transferred during the four calendar years immediately preceding the
current calendar year. For any year for which there were fewer than
four preceding years in which the foreign entity obtained, sold, or
transferred RINs, the bond shall be based on the total of the number
of gallon-RINs sold or transferred so far during the current
calendar year plus the number of gallon-RINs obtained, sold, or
transferred during any immediately preceding calendar years in which
the foreign entity owned RINs, plus the number of gallon-RINs the
foreign entity expects to obtain, sell or transfer during subsequent
calendar years, the total number of years not to exceed four
calendar years in addition to the current calendar year.

    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign RIN owner, provided EPA agrees
in advance as to the third party and the nature of the surety
agreement.
* * * * *
    (g) * * *
    (2) Any RIN that is obtained, sold, transferred, or held that is in
excess of the number for which the bond requirements of this section
have been satisfied is an invalid RIN under Sec.  80.1431.
* * * * *
[FR Doc. 2011-33451 Filed 1-6-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Notices]
[Page 4030-4032]
[DOCID:fr22ja09-40]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

January 8, 2009.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: January 15, 2009, 10 a.m.

Place: Room 2C, 888 First Street, NE., Washington, DC 20426.

Status: Open.

Matters To Be Considered: Agenda.

    * Note --Items listed on the agenda may be deleted without
further notice.

FOR FURTHER INFORMATION CONTACT: Kimberly D. Bose, Secretary, Telephone
(202) 502-8400.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                                                 944TH--Meeting
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD02-1-000......................  Agency Administrative Matters.
A-2.....................  AD02-7-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
A-3.....................  AD06-3-000......................  Energy Market Update.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1.....................  AD09-3-000......................  Compliance with Mandatory Reliability Standards.
E-2.....................  OMITTED.........................
E-3.....................  OMITTED.........................
E-4.....................  OMITTED.........................
E-5.....................  RR08-6-001, RR07-14-002.........  North American Electric Reliability Corporation.
E-6.....................  QF09-37-001.....................  Ausra CA I, LLC.
E-7.....................  ER04-449-005....................  New York Independent System Operator, Inc. and New
                                                             York Transmission Owners.
                          ER04-449-006....................
                          ER04-449-009....................
                          ER04-449-010....................
                          ER04-449-011....................
                          ER04-449-012....................
                          ER04-449-013....................
                          ER04-449-014....................

                          ER04-449-015....................
                          ER04-449-017....................
E-8.....................  ER07-521-005....................  New York Independent System Operator, Inc.
E-9.....................  OMITTED.........................
E-10....................  OMITTED.........................
E-11....................  EL08-12-001.....................  PJM Industrial Customer Coalition v. PJM
                                                             Interconnection, L.L.C.
E-12....................  OMITTED.........................
E-13....................  ER05-849-009....................  California Independent System Operator Corporation.
E-14....................  OMITTED.........................
E-15....................  ER08-1170-001...................  PJM Interconnection, L.L.C.
E-16....................  ER07-653-001....................  The United Illuminating Company.
E-17....................  OMITTED.........................
E-18....................  ER06-1458-000...................  E. On U.S., LLC.
                          ER06-1458-001...................
                          ER06-1458-002...................
E-19....................  EL03-37-009.....................  Town of Norwood Massachusetts v. National Grid USA,
                                                             New England Electric System, Massachusetts Electric
                                                             Company, and Narragansett Electric Light Company.
E-20....................  ER08-966-001....................  Northeast Utilities Service Company.
E-21....................  PA08-2-000......................  Southwest Power Pool, Inc.
E-22....................  ER03-563-064....................  Devon Power LLC.
E-23....................  ER00-3251-015...................  Exelon Generation Company, LLC.
                          ER00-3251-017...................
                          ER99-754-016....................  AmerGen Energy Company, LLC.
                          ER99-754-017....................
                          ER98-1734-014...................  Commonwealth Edison Company.
                          ER98-1734-016...................
                          ER01-1919-011...................  Exelon Energy Company.
                          ER01-1919-013...................
                          ER01-1147-006, ER01-1147-007....  PECO Energy Company.
                          ER01-513-021....................  Exelon West Medway, LLC.
                          ER01-513-022....................  Exelon Wyman, LLC, Exelon New Boston, LLC, Exelon
                                                             Framingham, LLC.
                          ER99-2404-011, ER99-2404-012....  Exelon New England Power Marketing, L.P.
E-24....................  ER08-412-002....................  Commonwealth Edison Company, Exelon Generation
                                                             Company, LLC.
E-25....................  EL08-72-000.....................  NRG Energy, Inc. v. Entergy Services, Inc.
E-26....................  EL08-84-000.....................  Arkansas Electric Energy Consumers, Inc. v. Entergy
                                                             Corporation, Entergy Services, Inc., Entergy
                                                             Arkansas, Inc., Entergy Gulf States, Louisiana,
                                                             Inc., Entergy Louisiana, L.L.C., Entergy
                                                             Mississippi, Inc., Entergy New Orleans, Inc. and
                                                             Entergy Texas, Inc.
E-27....................  ER06-787-002, ER06-787-003......  Idaho Power Company.
E-28....................  EL08-46-000, EL08-46-001........  MMC Energy, Inc. v. California Independent System
                                                             Operator Corporation.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1.....................  RP04-274-000....................  Kern River Gas Transmission Company.
                          RP04-274-009....................
                          RP00-157-015....................
G-2.....................  IN09-7-000......................  Tenaska Marketing Ventures, Tenaska Energy Services,
                                                             LLC, Tenaska Gas Company, Tenaska Gas Storage,
                                                             Tenaska Grimes, Inc., Tenaska Marketing, Inc.,
                                                             Tenaska Operations, Inc., Tenaska Storage Company.
                          IN09-8-000......................  ONEOK, Inc., ONEOK Partners, L.P., ONEOK Energy
                                                             Services Company, L.P., ONEOK Energy Marketing
                                                             Company, ONEOK Energy Services Canada, LTD, ONEOK
                                                             Field Services Company, L.L.C., ONEOK Midstream Gas
                                                             Supply, L.L.C., Bear Paw Energy, L.L.C., Kansas Gas
                                                             Service, a division of ONEOK, Inc.
                          IN09-11-000.....................  Klabzuba Oil & Gas, F.L.P.
                          IN09-12-000.....................  Jefferson Energy Trading, LLC, Wizco, Inc., Golden
                                                             Stone Resources, LLC.
G-3.....................  IN09-9-000......................  Seminole Energy Services, LLC, Seminole Gas Company,
                                                             LLC, Seminole High Plains, LLC, Lakeshore Energy
                                                             Services, LLC, Vanguard Energy Services, LLC.
G-4.....................  IN09-10-000.....................  National Fuel Marketing Company, LLC, NFM Midstream,
                                                             LLC, NFM Texas Pipeline, LLC, NFM Texas Gathering,
                                                             LLC.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-10359-039.....................  Snoqualmie River Hydro, Inc. Public Utility District
                                                             No. 1 of Snohomish County, Washington.
H-2.....................  P-2485-051, P-1889-070..........  FirstLight Hydro Generating Company.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP07-62-000.....................  AES Sparrows Point LNG, LLC.
                          CP07-63-000.....................  Mid-Atlantic Express, LLC.
                          CP07-64-000.....................
                          CP07-65-000.....................
C-2.....................  CP06-365-002....................  Bradwood Landing LLC.

                          CP06-366-002....................  NorthernStar Energy LLC.
                          CP06-376-002....................
                          CP06-377-002....................
C-3.....................  CP05-130-005....................  Dominion Cove Point, LNG, LP.
                          CP05-132-004....................
                          CP05-395-004....................
                          CP05-131-004....................  Dominion Transmission, Inc.
C-4.....................  CP08-431-000....................  Columbia Gas Transmission Corporation.
C-5.....................  CP09-34-000.....................  ConocoPhillips Alaska Natural Gas Corporation and
                                                             Marathon Oil Company.
----------------------------------------------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.

    A free Web cast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its Web cast. The Capitol Connection provides technical
support for the free Web casts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.

[FR Doc. E9-1089 Filed 1-21-09; 8:45 am]

BILLING CODE 6717-01-P