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• Determining frequency of coordination activities
  

  The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if coordination activities should occur more often than annually? Ultimate responsibility…

  • Last published: June 5, 2024

• Please clarify whether oxygenates blended into either conventional gasoline or Reformulated Blendstock for Oxygenate Blending (RBOB) downstream of the refinery need to be included in sulfur compliance calculations.

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.205(c) provides that a refiner or importer may include oxygenates added downstream from the refinery or import facility if the requirements under § 80.69(a) or § 80.101(d)(4)(ii) of the RFG/CG regulations are met. Therefore, a refiner or…

  • Last published: August 2, 2024

• Who Must Develop an Emergency Response Program?

  The risk management program regulations require the owner or operator of a covered stationary source to develop and implement an emergency response program as described in 40 CFR §68.95, which must include an emergency response plan, emergency response equipment procedures, employee training, and procedures to ensure the program is up-to-date…

  • Last published: September 30, 2024

• In the NPRM, the sulfur standards were expressed without decimal places, but the final rule provides that the standards are expressed with two decimal places (§§ 80.195, 205). Why did EPA include this change?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . EPA included the decimal places to ensure that the sulfur standards are not exceeded by rounding down actual average sulfur levels. We do not believe reporting the average sulfur level to two decimals creates any additional burden as…

  • Last published: July 15, 2024

• It is our understanding that, if a portion of the gasoline produced by a refinery located within the GPA is sold outside of the United States, that gasoline is not subject to the sulfur standards and it only has to meet the standards of the country to whi

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Gasoline that is exported for sale outside the United States is not subject to the requirements of the gasoline sulfur rule, including gasoline produced by a refiner located within the GPA. See § 80.200(c).

  • Last published: July 15, 2024

• Is there any volume cap when using previously-retired 2008 or 2009 biodiesel RINs to satisfy an obligated party?s 2010 Biomass Based Diesel RVO? Can 2008 or 2009 biodiesel RINs that were previously-retired in 2009 also be used to satisfy Advanced Biofuel

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . 2008 and 2009 biodiesel and renewable diesel RINs (that is, RFS1 RINs with a D code of 2 and RR code of 15 or 17) used for compliance purposes in 2009 can also be used to reduce the…

  • Last published: August 2, 2024

• 6. Is commingling of different types of ethanol permitted? If so, what systems must be employed?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . With one exception, the RFS program places no restrictions on the mixing of ethanol produced in different facilities, by different feedstocks, or through different processes. Also, RINs assigned to ethanol are fungible, in that a specific assigned RIN…

  • Last published: July 15, 2024

• If a facility is grandfathered, is it also exempt from the requirement that feedstocks must be renewable biomass?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Even if a facility is exempt from the 20% GHG reduction requirement, in order to generate RINs, the facility is still required to use feedstocks that meet the definition of renewable biomass. The definition of renewable fuel in…

  • Last published: July 15, 2024

• The regulations at 80.1427(a)(7)(iii) say that 2008 biodiesel RINS + 2009 biodiesel RINs cannot exceed 20% of the 2010 RVO. Does this mean that 80% of the 2010 biomass-based diesel RVO has to come from 2010 RINs?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The 20% rollover cap under RFS2 is the same as the rollover cap under the RFS1 program. However, the rollover cap only places a limit on previous year RINs that were NOT used for compliance in 2008 or…

  • Last published: July 24, 2024

• Remote coordination with local authorities
  

  The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…

  • Last published: June 5, 2024

• Is corn oil extracted from distiller?s grains and solubles (DGS) eligible for RINs under RFS2?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Biodiesel or renewable diesel made from non-food grade corn oil extracted from DGS that is made from renewable biomass is eligible to generate RINs. See Table 1 to 80.1426.

  • Last published: July 15, 2024

• Under section 80.1405, the standard for biomass based diesel (BBD) is calculated via a fraction, the numerator of which is equal to the RFV for BBD in compliance year i times 1.5. For 2010 only, would you agree that, using the example of the calculation f

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The percentage standard for biomass-based diesel in years 2011 and beyond will be based upon the volumes specified in CAA 211(o)(2)(B)(i)(IV), unless some portion of that volume is waived per CAA 211(o)(7)(E). For 2010, the numerator of the…

  • Last published: July 23, 2024

• Emergency Response Coordination Activities Effective Date

  The RMP Amendments finalized on January 13, 2017 included a requirement for owners or operators of a stationary source to engage in emergency response coordination activities (40 CFR §68.93). The regulatory text in 40 CFR §68.10(b) states that compliance with these activities must be completed by March 14, 2018. Because…

  • Last published: September 30, 2024

• Types of Information Relevant for Response Planning

  The Risk Management Program emergency response coordination activities require the owner and operator of a stationary source to provide to the local emergency planning and response organizations: the stationary source’s emergency response plan if one exists; emergency action plan; updated emergency contact information; and any other information that local emergency…

  • Last published: September 30, 2024

• Are exercises required as a part of the emergency response program requirements under 40 CFR Part 68, Subpart E?

  Yes. At least once each calendar year, the owner or operator of a stationary source with any Program 2 or Program 3 process must conduct an exercise of the stationary source's emergency response notification mechanisms per 40 CFR 68.90(b)(3) or 68.95(a)(1)(i), as appropriate, before December 19, 2024, and annually thereafter…

  • Last published: February 20, 2025