Guidance for RFS 2011 Annual

            Compliance Reporting
&EPA
United States
Environmental Protection
Agency

-------
         Guidance for RFS 2011 Annual
               Compliance Reporting
                        Compliance Division
                  Office of Transportation and Air Quality
                  U.S. Environmental Protection Agency
United States
Environmental Protection
Agency
EPA-420-B-11-060
December 2011

-------
 Guidance for RFS 2011 Annual Compliance Reporting

This guidance document is intended to assist obligated parties and renewable fuel exporters in
reporting their RFS2 Renewable Volume Obligations (RVOs) reporting for the 2011 compliance
year.  The reports for 2011 are due February 28, 2012. In addition to this guidance document,
EPA has posted RVO Q&As that can be found on the RFS web site at:
http://www.epa.gov/otaq/fuels/renewablefuels/compliancehelp/rfs2-aq.htmtf7.

Any obligated party, as described in §80.1406, that produced or imported gasoline or MVNRLM
diesel fuel for use in the contiguous 48 states plus Hawaii (Alaska if they opt-in) during a given
compliance period must submit an RFS2 Annual Compliance Report pursuant to §80.1451(a).

Any exporter of renewable fuels, as described in §80.1430, that exported a volume of renewable
fuel from the contiguous 48  states plus Hawaii (Alaska if they opt-in) during a given compliance
period must submit an RFS2 Annual Compliance Report pursuant to  §80.1451(a).

Parties that have more than one business activity that generate multiple Renewable Volume
Obligations (RVOs), must report the information separately (i.e. imports, exports, and refining
obligations must be met separately). Further, prior to retiring RFS2 RINs for compliance,
gasoline and diesel refiners are required to indicate the compliance level that they choose to
report based on (aggregate or refinery by refinery) in the OTAQReg:  Fuels Programs
Registration interface on Central Data Exchange (CDX). Note: The compliance level only needs
to be indicated in OTAQReg once unless the company plans to change their compliance level.
However, if the obligated party carries a deficit from one year to the next, then the party must
maintain the same approach to aggregation in the next calendar year per §80.1427(b)(l)(iv).

The guidance document will briefly discuss features that have been implemented in EMTS to
assist obligated parties and renewable fuel exporters with their RFS2  annual compliance
requirements. These features will aid users in completing their RFS0302 Annual Compliance
Report, which is required pursuant to §80.1451(a). For more information on all EMTS features,
please visit the EMTS  documents webpage at:
http://www.epa.gov/otaq/fuels/renewablefuels/emtshtml/emtsdocuments.htm

Regulated parties may use this document to aid in achieving compliance with the RFS2 program
regulations.  However, this document does not in any way alter the requirements of those
regulations.  This document does not establish or change legal rights  or obligations.  It does not
establish binding rules or requirements and is not fully determinative of the issues addressed.
Agency decisions in any particular case will be made applying the law and regulations on the
basis of specific facts and actual action.

-------
Table of Contents
1.0 General Information for Obligated Parties	3
  1.1 What information do I have to submit for 2010 Annual Compliance?	3
  1.2 What RINs can be used to satisfy each Renewable Volume Obligation?            3
  1.3 What is the last day that I can obtain RINs for compliance?                      5
  1.4 EMTS Features	7
2.0 Obligated Parties: Gasoline or Diesel Refiners	8
  2.1 Refiners: Selecting Compliance Level in CDX	8
  2.2 Refiners: RFS0302 Guidance                                                 9
  2.3 Refiners: Deficit Carryovers	10
3.0 Obligated Parties: Gasoline or Diesel Importers	11
  3.1   Importers: RFS0302 Guidance                                             11
  3.2 Importers: Deficit Carryovers	12
4.0   Renewable Fuel Exporters	13
  4.1 Exporters: RFS0302 Guidance                                                13
  4.2 Exporters: Deficit Carryovers	14
5.0   Purchasing Cellulosic Biofuel Waiver Credits	15
  5.1 Pay.gov Electronic Payments	15
      5.1.1 Adding Pay.gov Application to an Existing CDX Account	15
      5.1.2 Accessing the Cellulosic Biofuel Waiver Credit Program Application	18
  5.2 Electronic Payments via Fedwire	25
  5.3 Mail Payment	25

-------
1.0 General Information for Obligated Parties

All obligated parties are required to submit the RFS0302: RFS2 Annual Compliance Report.
The RFS0302 report is used to demonstrate compliance with the Renewable Volume Obligations
that obligated parties and renewable fuel exporters acquired based on their compliance year
activities.

The following information is general information for all obligated parties and exporters. Specific
information based on the business activities of an obligated party or exporter can be found in
sections 2 through 4.

1.1 What information do  I have to submit for 2010 Annual Compliance?

Obligated parties and renewable fuel exporters are required to submit all information listed in
§80.1451(a).  All of the required RFS2 RIN information and the majority of the required RFS1
RIN information will be entered and submitted in the RFS0302 report.

Note: 2011 is the last year RFS1 RINs can be used for compliance purposes.

Pursuant to 80.1451(a)(xi) parties are required to submit a list of all RFS1 RINs retired for
compliance.  The RFS2 REST information submitted on the RFS0302 report satisfies all of the
requirements in 80.1451(a).  Therefore, a partial EMTS Transaction History report showing all
RINs retired for compliance purposes does not need to be submitted  on February 28 but will be
submitted on Quarter 1 reports instead. However, all individual RFS1 RIN numbers retired for
compliance will be retired via the RFS0201: RFS1 RIN Transaction Report and the aggregate
amount of RINs retired will be reported on the  RFS0302.
    •   If RFS1 RINs have been retired for compliance during the first quarter 2012 (before
       February 28), a partial RFS0201 report  must be filed with only the RFS1 RINs being
       retired for compliance.
    •   If all RFS1 RINs have been  retired for compliance during the fourth quarter, then a
       partial RFS0201 report will  not have to be filled out.

1.2 What RINs can be used to satisfy each Renewable Volume Obligation?

In 2011, both RFS1 RINs and RFS2 RINs (transacted in EMTS) may be used for compliance
purposes.  For 2012 compliance, unused 2010 RFS1 RINs are not eligible to be used for
compliance purposes.

Different Types of RINs:
Under RFS2, certain types of RINs  can be used to fulfill various obligations.  Pursuant to 40
CFR 80.1427(a)(2)-(4), the  following types of RINs may be used to satisfy the specific RVOs:

RINs Generated Under RFS1

    •   A RIN generated pursuant to §80.1126  with a D code of 2 and an RR code of 15, 16, or
       17 is deemed equivalent to a RIN with a D code of 4 generated pursuant to §80.1426.

-------
   •   A REST generated pursuant to §80.1126 with a D code of 1 and RR code of 25 is deemed
       equivalent to a RIN with a D code of 3 generated pursuant to §80.1426.
   •   All other RINs generated pursuant to §80.1126 are deemed equivalent to RINs with a D
       code of 6 generated pursuant to §80.1426.

Note: RFS1 RINs will still be identified as they were in RFS1 regardless of the D code
equivalent specified in the regulations (i.e. RFS1 RINs cannot be changed to RFS2 D codes or
RR codes).

RINs Generated Under RFS2

   •   RINs with a D code of 3 or 7 are valid for compliance with the cellulosic biofuel RVO.
       Note: If a RIN with a D code of 7 is used to meet the biomass-based diesel RVO, then it
       may not be used to satisfy the cellulosic biofuel RVO.
   •   RINs with a D code of 4 or 7 are valid for compliance with the biomass-based diesel
       RVO. Note: If a RIN with a D code  of 7 is used to meet the cellulosic biofuel RVO, then
       it may not be used to satisfy the biomass-based diesel RVO.
   •   RINs with a D code of 3, 4, 5, or 7 are valid for compliance with the advanced biofuel
       RVO.
   •   RINs with a D code of 3, 4, 5, 6, or 7 are valid for compliance with the renewable fuel
       RVO.

Renewable Volume Obligation Nesting:
RVOs are "nested," meaning that certain types of RINs can be used to satisfy multiple RVOs.
For example, a RIN with  a D code of 4 may be used toward satisfying a biomass-based diesel
RVO, an advanced biofuel RVO, and renewable fuel RVO for the same compliance year.
However, a RIN with a D code of 5 or 6 may not be used to meet a biomass-based diesel RVO.
Table 1 - Which RIN D codes can satisfy each Renewable Volume Obligation (RVO)
pursuant to 40 CFR 80.1427(a)(2)-(4)?
DCode
3
4
5
6
7
Cellulosic
Biofuel RVO
X



X*
Biomass-Based
Diesel RVO

X


X*
Advanced
Biofuel RVO
X
X
X

X
Renewable Fuel
RVO
X
X
X
X
X
Note: X* indicates a RIN with a D code of 7 may be used to meet either the Cellulosic Biofuel
RVO or the Biomass-Based Diesel RVO, but not both RVOs pursuant to 40 CFR 80.1427(3)(ii).

-------
Additional Notes:
    1)  When filling out the RFS0302 report, parties must carry the entire number of RINs used
       for compliance purposes throughout the nested standards regardless of showing an excess
       of RINs for another RVO category, (e.g. In a given compliance year, the number of
       cellulosic biofuel and biomass-based diesel may cover the advanced biofuel RVO in
       excess.  The number of RINs retired should not be reduced to equal the advanced biofuel
       RVO, but instead should show a retirement in excess for the advanced biofuel RVO row.)

             For example:
          •  An  obligated party uses 400 D3 RFS2 RINs for compliance, then 400 must appear
             in field 24 for the rows with "CB", "AF", and "RF" in field 9.
          •  An  obligated party uses 110,000 D4 RFS2 RINs for compliance, then 110,000
             must appear in field 25 for the rows with "BD", "AF", and "RF" in field 9.

    2)  RINs can only be used in one compliance year

             For example:
          •  An  obligated party cannot use a D5 RIN to fulfill the advanced biofuel RVO 2010
             and then use the same RIN to fulfill the renewable  fuel RVO in 2011.

1.3 What is the last day that I can obtain RINs for compliance?

Both RFS1  and RFS2 RINs used to meet the 2011 obligation may be traded until February 28,
2012. For the 2011 compliance year, the RFS0302: RFS2 2011 Annual Compliance Report must
be submitted on February 28, 2012. The RFS0300: Annual Compliance Report was for
compliance years 2007 through 2009, and the RFS0301:  RFS2 2010 Annual Compliance Report
was for compliance year 2010.

Additional RFS2 EMTS RIN Notes:
    1.  In order to  retire RFS2 RINs for compliance by the deadline, all transactions must be
       completed and processed in EMTS prior to the deadline. Although EMTS can accept and
       process certain transactions rather quickly, RIN retirements may take longer to process
       when multiple RIN batches are involved. Therefore, parties should try to complete their
       RIN retirements by February 21, 2012.  If EMTS is unable to  process the transactions by
       February 28, then those RINs will be unavailable for retirement for that compliance year.

    2.  As discussed above, RIN retirements may take longer to process when multiple RIN
       batches are involved. Due to a longer processing time, a session in the EMTS User
       Interface may timeout prior to the processing completion.  Therefore, EPA suggests that
       parties who intend  to retire a large quantity of RINs for compliance use an XML file.
       XML files  should be submitted at least one week prior to the compliance deadline (e.g.
       February 21).  Obligated parties using the web user interface should retire no more than
       one  million RINs at a time to avoid system delays.

-------
3.  RINs may not be retired for compliance purposes after February 28, 2012 for the 2011
   compliance year.

-------
1.4  EMTS Features
Compliance Data User Interface in EMTS
                                                                               Home | Contact Us I Help | Logout
                                                                    in as: LucyPelt for RAP Inc. GEN Biodiesel (4671)
   View Aggregate RINs Retired for Obligation
                                                                             T Transaction Din
    The following grid displays the number of RINs your organization has retired for obligation.
                                 Your organization has 0
                                 un-submitted
                                 transactions in the
                                 transaction bin.
                                                                             View Transaction Bin
                                                                             *  Organizations
                                                                             >  Quick Search
        Fuel (D-Code)
   Advanced Biofuel (D=5)       2010       2010
   Biomass-Based Diesel (D-4)    2010       2010
   Renewable Fuel (0=6)        2010       2010
   Export options: CSV I Excel I PDF
Aggregated Importer
Aggregated Importer
Refinery by Refinery
                       34000
                       71500
Valley Medico Plant 12 (46711)     39000
The Compliance Data user interface page in EMTS is a listing of all RINs retired for compliance,
broken out by:
    •   RIN Type (D code)
    •   RIN Year
    •   Compliance Level (AGREF, AGIMP, EXPRT, or refinery-by-refinery)
    •   RIN Quantity
Obligated parties should use this page to accurately reflect the correct RIN quantities that have
been retired for compliance on the Annual  Compliance Report.  This page will assist parties to
complete fields 18 through 27 of the RFS0302: 2011 Annual Compliance Report.
This interface can be found under the Reports Tab on the horizontal toolbar in EMTS.

-------
2.0 Obligated Parties: Gasoline or Diesel Refiners

Refiners of gasoline or diesel may comply in the aggregate or on a refinery-by-refinery basis.
Prior to the retirement of RFS2 RINs in EMTS, refiners must update their registration via the
OTAQReg: Fuels Programs Registration application to indicate how they plan to comply.

Note: The compliance level only needs to be indicated in OTAQReg once unless the company
plans to change their compliance level. However, if the obligated party carries a deficit from one
year to the next, then the party must maintain the same approach to aggregation in the next
calendar year per §80.1427(b)(l)(iv).

2.1 Refiners: Selecting Compliance Level in CDX

Pursuant to 80.1406(c)(l), an obligated party may comply with its annual compliance
requirements for all of its refineries in aggregate, or for each refinery individually. However, if
the obligated party carries a deficit from one year to the next, then the party must maintain the
same approach to aggregation in the next calendar year per §80.1427(b)(l)(iv).

Note: The compliance level only needs to be indicated in OTAQReg once unless the company
plans to change their compliance level. The compliance level must be submitted and activated
by EPA prior to the retirement of RINs for compliance.

In order to select the compliance level, a CDX user will login to CDX and:
    1.  Select the OTAQReg: Fuels Programs Registration link.
    2.  On the OTAQ Registration Program Home page, select your company by clicking the
       Company Name.
    3.  Select the EDIT button in the top right corner of the page.
    4.  Scroll down to the bottom of the page and select the compliance level.

  • Refiner Compliance Level	
   * Pursuant to 80.1 406(c)(l), an obligated party may comply with its annual compliance requirements for all of its refineries in
   the aggregate, or for each refinery individually. However, if the obligated party carries a deficit from one year to the next, then
   the party must maintain the same approach to aggregation in the next calendar year. Please indicate the compliance level
   below:

   '•-*' Aggregation of Refineries

   >-j N:A (Eiodiesel Producers Only)
   O Refinery-by-refine
                  ry
       Once the compliance level has been selected, if no other updates need to be made in the
       registration, click Review at the top corner of the page.
       Review the information.  The user will be unable to edit any information on this page.  If
       the information looks correct, click Submit at the bottom of the page.
       The user must save and print out the PDF forms that are generated on the Company
       Information: Print and  Sign page  Once the forms are printed, click Continue.

-------
       Note:  The PDF registration must be printed and signed by the responsible corporate
       officer (RCO) that EPA currently has on file for the company. These forms must be sent
       to EPA by either:

               TTOA/r.,                            Commercial Delivery:
               US Mail:                    TT „ _   .      ^ , _  ^   .J  .
  TTO  _  .         ,_     .    .             U.S. Environmental Protection Agency
  U.S. Environmental Protection Agency            _   , „        „   .  .  ..   °    J
   17   i n       n  •  4.  *•   f£A^T\             Fuels Programs Registration
   Fuels Programs Registration (6406J)              _    ^^^ ™~-,„-, ,™oo
     IIAAT,      i   -A      \ni7-               Room 647C, 202-343-9038
     1200 Pennsylvania Avenue, NW                  , 0, „ T '    ^ , „,,
         „,  ,.      T^™,,™                      1310 L Street, NW
         Washington, DC 20460                                  '
                0                                  Washington, DC 20005


   8.  You will be taken back to the OTAQ Registration Home page where you should be able
       to see  a pending company update request.

2.2 Refiners: RFS0302 Guidance (also available in the RFS0302 report instructions)

The RFS0302 reporting instructions can be found on the Renewable Fuel Standards Reporting
Forms web page at http://www.epa.gov/otaq/fuels/reporting/rfs.htm.

In [Field No. 8] of the RFS0302 report, the refiner must enter either AGREF (aggregate) or the 5
digit facility ID (refinery-by-refinery). Regardless, the refiner will have at least four rows, one
for each RVO (renewable fuel, advanced biofuel, biomass-based diesel and cellulosic biofuel.)

Note: If complying refinery-by-refinery, the obligated party should have one row for each RVO
at each refinery (e.g. 2 refineries will have 8 rows, 3  refineries will have 12 rows, etc.).

   Fields that must contain "NA" in the RFS0302: RFS2 2010 Annual Compliance Report
   •   For a row with field 9 as CB, "NA" must be entered in field 15,16,20,21,22,23,24,25
   •   For a row with field 9 as BD, "NA" must be entered in field
       16,17,18,19,22,23,24,25,28,29,30
   •   For a row with field 9 as AB, "NA" must be entered in field 16,24,25,28,29,30
   •   For a row with field 9 as RF, "NA" must be entered in field 28,29,30

   Prior-year RIN limits
   •   For a row with field 9 as CB, the amount of prior year 2010 RINs that may be used for
       compliance must satisfy the following formula:
                      [No. 17] +  [No. 18] + [No. 26] < 0.20 x [No.  13]
   •   For a row with field 9 as BD, the amount of prior year 2010 RINs that may be used for
       compliance must satisfy the following formulas:
                      [No. 15] +  [No. 20] + [No. 26] < 0.20 x [No.  13]
   •   For a row with field 9 as AB, the amount of prior year 2010 RINs that may be used for
       compliance must satisfy the following formulas:
       [No. 15] + [No. 17] + [No. 18] + [No. 20] + [No. 22] +  [No. 26] < 0.20 x [No.  13]

   •   For a row with field 9 as RF, the amount of prior year 2010 RINs that may be used for
       compliance must satisfy the following formulas:

-------
[No. 15] + [No. 17] + [No. 18] + [No. 20] + [No. 22] + [No. 24] + [No. 26] < 0.20 x [No. 13]

2.3 Refiners: Deficit Carryovers

An obligated party who fails to meet its obligation in a given year may carryover a deficit into
the following year pursuant to 40 CFR 80.1427(b) given that they meet the following
requirements:
   •   A deficit has not been carried over from the previous year for that specific RVO; and
   •   The party meets all RVOs of the deficit category in the following year.

A deficit is calculated according to the following formula:

                       D;= RVO;- [(ERINNUM)i+ (ERINNUM)i-l]

Where:

       D;= The deficit, in gallons, generated in calendar year i that must be carried over to year
       i+1 if allowed pursuant to paragraph (b)(l) of this section.

       RVO;= The Renewable Volume Obligation for the obligated party or renewable fuel
       exporter for calendar year i, in gallons.

       (ERINNUM)i= Sum of all acquired gallon-RINs that were generated in year i and are
       being applied towards the RVO;, in gallons.

       (ERINNUM)i-l= Sum of all acquired gallon-RINs that were generated in year i-1 and are
       being applied towards the RVO;, in gallons.
                                                                                    10

-------
3.0 Obligated Parties: Gasoline or Diesel Importers

Importers of gasoline or diesel must comply in aggregate.

In [Field No. 8] of the RFS0302 report, the importer must enter AGIMP and will have four rows,
one for each RVO.

3.1 Importers: RFS0302 Guidance

The RFS0302 reporting instructions can be found on the Renewable Fuel Standards Reporting
Forms web page at http://www.epa.gov/otaq/fuels/reporting/rfs.htm.

   Fields that must contain "NA" in the RFS0302: RFS2 2010 Annual Compliance Report
   •  For a row with field 9 as CB, "NA" must be entered in field 15,16,20,21,22,23,24,25
   •  For a row with field 9 as BD, "NA" must be entered in field
       16,17,18,19,22,23,24,25,28,29,30
   •  For a row with field 9 as AB, "NA" must be entered in field 16,24,25,28,29,30
   •  For a row with field 9 as RF, "NA" must be entered in field 28,29,30

   Prior-year RIN limits
   •  For a row with field 9 as CB, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formula:
                     [No.  17] + [No. 18] + [No. 26] < 0.20 x [No. 13]
   •  For a row with field 9 as BD, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formulas:
                     [No.  15] + [No. 20] + [No. 26] < 0.20 x [No. 13]
   •  For a row with field 9 as AB, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formulas:
       [No. 15] + [No. 17] + [No. 18] + [No. 20] + [No. 22]  + [No. 26] < 0.20 x [No. 13]
   •  For a row with field 9 as RF, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formulas:
  [No. 15] + [No. 17] + [No.  18] + [No. 20] + [No. 22] + [No. 24]  + [No. 26] < 0.20 x [No. 13]
                                                                                 11

-------
3.2 Importers: Deficit Carryovers

An obligated party who fails to meet its obligation in a given year may carryover a deficit into
the following year pursuant to 40 CFR 80.1427(b) given that they meet the following
requirements:
   •   A deficit has not been carried over from the previous year for that specific RVO; and
   •   The party meets all RVOs of the deficit category in the following year;.

A deficit is calculated according to the following formula:

                       D;= RVO;- [(ERINNUM)i+ (ERINNUM)i-l]

Where:

       D;= The deficit, in gallons, generated in calendar year i that must be carried over to year
       i+1 if allowed pursuant to paragraph (b)(l) of this section.

       RVO;= The Renewable Volume Obligation for the obligated party  or renewable fuel
       exporter for calendar year i, in gallons.

       (ERINNUM)i= Sum of all acquired gallon-RINs that were generated in year i and are
       being applied towards the RVO;, in gallons.

       (ERINNUM)i-l= Sum of all acquired gallon-RINs that were generated in year i-1 and are
       being applied towards the RVO;, in gallons.
                                                                                     12

-------
4.0 Renewable Fuel Exporters

Renewable fuel exporters must comply in aggregate.

In [Field No. 8] of the RFS0302 report, the exporter must enter EXPRT and will have between
one and four rows based on the export activity.

Note: Renewable fuel exporters that have an RVO other than renewable fuel incur nested
obligations (e.g. for an export of biodiesel, an exporter will have a Biomass-Based Diesel RVO,
an Advanced Biofuel RVO, and a Renewable Fuel RVO).  Table 2 describes which volumes of
renewable fuel need to be included when an exporter calculates their RVO(s), pursuant to
§80.1407.

       Table 2 - This table provides examples of which volumes of a renewable fuel export
           incur specific Renewable Volume Obligations (RVO) pursuant to §80.1430.
Renewable Fuel
Export
Biodiesel
Non-Ester
Renewable Diesel
Cellulosic Biofuel
Cellulosic Diesel
Advanced Biofuel
Renewable Fuel
Cellulosic
Biofuel RVO
No
No
Yes
Biomass-Based
Diesel RVO
Yes
Yes
No
Either Cellulosic Biofuel or
Biomass-Based Diesel (only 1)
No
No
No
No
Advanced
Biofuel RVO
Yes
Yes
Yes
Yes
Yes
No
Renewable
Fuel RVO
Yes
Yes
Yes
Yes
Yes
Yes
4.1 Exporters: RFS0302 Guidance

The RFS0302 reporting instructions can be found on the Renewable Fuel Standards Reporting
Forms web page at http://www.epa.gov/otaq/fuels/reporting/rfs.htm.

   Fields that must contain "NA" in the RFS0302: RFS2 2010 Annual Compliance Report
   •  For a row with field 9 as CB, "NA" must be entered in field 15,16,20,21,22,23,24,25
   •  For a row with field 9 as BD, "NA" must be entered in field
      16,17,18,19,22,23,24,25,28,29,30
   •  For a row with field 9 as AB, "NA" must be entered in field 16,24,25,28,29,30
   •  For a row with field 9 as RF, "NA" must be entered in field 28,29,30

   Prior-year RIN limits
   •  For a row with field 9 as CB, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formula:
                     [No.  17] + [No. 18] + [No. 26] < 0.20 x  [No. 13]
   •  For a row with field 9 as BD, the amount of prior year 2010 RINs that may be used for
      compliance must satisfy the following formulas:
                                                                                  13

-------
                      [No. 15] + [No. 20] + [No. 26] < 0.20 x [No.  13]
   •   For a row with field 9 as AB, the amount of prior year RINs that may be used for
       compliance must satisfy the following formulas:
       [No.  15] + [No.  17] + [No. 18] + [No. 20] + [No. 22] + [No. 26] < 0.20 x [No. 13]
   •   For a row with field 9 as RF, the amount of prior year RINs that may be used for
       compliance must satisfy the following formulas:
  [No. 15] + [No. 17] + [No. 18] + [No. 20] + [No. 22] + [No. 24] + [No. 26] < 0.20 x [No. 13]

4.2 Exporters: Deficit Carryovers

An obligated party who fails to meet its obligation in a given year may carryover a deficit into
the following year pursuant to 40 CFR 80.1427(b) given that they meet the following
requirements:
   •   A deficit has not been carried over from the previous year for that specific RVO; and
   •   The party meets all RVOs of the deficit category in the following year.

A deficit is calculated according to the following formula:

                       D;= RVOi- [(ERINNUM)i+ (ERINNUM)i-l]

Where:

       D;= The deficit, in gallons, generated in calendar year i that must be carried over to year
       i+1 if allowed pursuant to paragraph (b)(l) of this section.

       RVO;= The Renewable Volume Obligation for the obligated party or renewable fuel
       exporter for calendar year i, in gallons.

       (ERINNUM)i= Sum of all acquired gallon-RINs that were generated in year i and are
       being applied towards the RVO;, in gallons.

       (ERINNUM)i-l= Sum of all acquired gallon-RINs that were generated  in year i-1 and are
       being applied towards the RVO;, in gallons.
                                                                                    14

-------
5.0 Purchasing Cellulosic Biofuel Waiver Credits

Any obligated party, as described in §80.1406, that produces or imports Gasoline or MVNRLM
Diesel fuel for use in the contiguous 48 states plus Hawaii (Alaska if they opt-in) during a given
compliance period, must submit an RFS2 Annual Compliance Report under §80.1451(a).

Pursuant to §80.1456, if EPA reduces the applicable volume of cellulosic biofuel pursuant to
section 21 l(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) for any given
compliance year, then EPA will provide cellulosic biofuel waiver credits for purchase for that
compliance year. This excludes biodiesel producers registered as diesel refiners and does not
apply to renewable fuel exporters.

EPA has three methods for obligated parties to purchase EPA Cellulosic Biofuel Waiver Credits
(Only one may be used):
    1.  Pay.gov electronic payment (credit card, debit card, or eCheck);
    2.  Fedwire payment (bank wire transfer); or
    3.  Mail Payment (paper check).
5.1 Pay.gov Electronic Payments


The OTAQ Cellulosic Biofuel Wavier Credits application is hosted by the Central Data
Exchange (CDX). CDX is the system that EPA has provided to all programs to standardize and
centralize the reporting functions and data submissions that are required of the various EPA
regulated communities. In order to access Cellulosic Biofuel Waiver Credits, users must first be
registered users of CDX.
5.1.1  Adding Pay.gov application to an existing CDX account:
In order to access Pay.gov, the user must add the application to their CDX account. Please add
the Pay.gov application by following these steps:
   •   Login to CDX (http://cdx.epa.gov)
   •   You will be at the MyCDX page.  Please select the "Edit Current Account Profiles" link:
                                                                                     15

-------
 Welcome,
Central  Data  Exchange- MyCDX

                         Last Login:
                         Registered Since:
                         Re certification Date:
                         February 22, 2011
                         May 7, 2009
                         May 7, 2009
 CDX Registration Status:  Active
                           You have 3 new messages in your Inbox
 Change System
 Password
 Edit Personal
 Information
/fdit Current ^"N
\Account Profiles/
Add New
Employer Profile
 Available Account Profiles:
   On the Edit Organization Profiles, select the "Add New Program" link:

                       Program Status

                       > Edit Organization Contact Information

                         OTAQEMTS
                         OTAQREG
                        •Add New Program
                        Add additional programs for Compass,
                        "•^	^~~^

•  On the Add Program page, find the "Cellulosic Biofuel Waiver Credits Pay.gov
   Application (OTAQWaiverCredits) and click "Add":
                                                                                   16

-------
         Assessment Cleanup and Redevelopment Exchange System (ACRES): O
                                      Environmental Appeals Board (EAB): O
                                 Audit Policy Self-Disclosure (eDisclosure): O
                         Facility Registry System - Update Service (FRS-US): O
               Great Lakes Environmental Database Query System (GLENDA): O
               Exchange Network Grant Semi-Annual Reporting Forms (IEPB): O
                                      Lead-Based Paint Program (LEAD;:: O
                        LT2: LT2, Stage 2. and IDSE Plan/Report Entry (LT2): O
             National Environmental Methods Index Contaminants (NEMI-CBR): O
                                      Ozone Depleting Substances  (ODS): O
      Cellulosic Biofuel Waiver Credits Pay.gov Application (QTAQWaiverCredits):(»)"
                                          Radionuclide NESHAPs  (RAD): O
                                           Radiation Network (RADNET): O
                              Stormwater Notice of Intent (eNOI) (SWENOI): O
                       Toxic Release Inventory Made Easy Web fTRIMEweb}: O
                                      TRI State Data Exchange (TRISDX): O
                                                        TSCAfTSCA): O
                     Toxic Substance Control Act- HaSD Form (TSCA-HASD): O
                                Compliance  Information Systems (VERIFY): O
         Request Manufacturer Code for OTAQ Compliance (VERIFY MFR REG): O
                               Water Contaminant Information Tool (WCIT): O
JJ
                              ADD      CANCEL
•   On the Add Role page, all fields are completed with the exception of the "ID" field. Per
    the instructions, please enter "N/A" and click "Add":
                                                                                         17

-------
                                           Add Program ID

        Use the TAB key to move from field to field. * = REQUIRED FIELD
                                 Role:
A SUBMITTER v
                      Program ID Type:
                    Submission Method:  WEBFORM
                                                        Please enter N/A.
    •  You will then receive the following message:
 MvCDX> Registration
  Congratulations! You have successfully completed the online portion of CDX registration. You should receive an e-mail confirmation shortly confirming receipt of your information
Note:  EPA must activate the addition ofPay.gov to your CDX profile.  Until EPA has activated
this, you will not be able to see the Pay.gov application.

In order to activate the Pay.gov application, users must submit a letter, on company letterhead
requesting the activation of the Pay.gov application:

To Whom It May Concern:
I, [Insert RCO name], [Insert RCO Title], of [Insert Company Name and EPA ID] establish
[User Name] of [User Company] as a delegate for the purpose of submitting the following
reports for me to the US Environmental Protection Agency via the Central Data Exchange
(CDX):

OTAQWaiverCredits: Cellulosic Biofuel Waiver Credits Pay.gov Application—Company
Submitter Role—Pay.gov portal: Pay.gov is used to purchase cellulosic biofuel waiver credits to
be applied to a company's RVO. In order to use this application, the user must know the amount
of cellulosic biofuel waiver credits that the company needs.  Additionally, a company may not
purchase more credits than their company needs; nor may a company transfer credits to another
party.
RCO Wet Ink Signature      5.1.2 Accessing the Cellulosic Biofuel Waiver Credit Program
Application
                                                                                        18

-------
In order to access the Cellulosic Biofuel Waiver Credit Program Application, the
"OTAQWaiverCredits: Cellulosic Biofuel Waiver Credits Pay.gov Application" must be active
in the user profile. Once it is active, it will show up on the MyCDX homepage. Click on the
"OTAQWaiverCredits: Cellulosic Biofuel Waiver Credits Pay.gov Application" link to continue.
       The Cellulosic Biofuel Waiver Credit Program Home page looks like this:
    Cellulosic Biofuel waiver Credits
                    Cellulosic Biofuel Waiver Credit Home
                      About Cellulosic Biofuel Waiver Credits
                         40CFR 80.1405f

                         6(b) Use of cellules
    •   Once on the homepage, click on "Purchase Credits" link to the left of the page.

    •   The "Purchase Information" page is where you will provide your payment information:
    Cellulosic Biofuel Waiver Credits
                    Purchase Credits
                       Purchase Information
                      Price per credit for 2 010: $ 1. 56

                      Company:

                      Compliance Leve

                      Facility ID:

                      Number of Credits
                                                                                         19

-------
   The following information must be provided on the Purchase Credits page:
      o   Company Name (selected from the drop down menu);
      o   Compliance Level;
      o   Facility ID (only required if complying on a refinery by refinery basis); and
      o   Number of Credits to be purchased.
   Once all the information has been entered on the Purchase Credits page, click the
   "Calculate Total" button.
   This will direct you to the Review Purchase Information page:
Cellulosic Biofuel Waiver Credits
                Review  Purchase Information
                  Purchase Information
                  You are purchasing 300 credits at a price of 11.56 per credit for a total of $ 468.00.

                  Note: Your order will not be complete until you submit payment information to Pay.gov
   Confirm the following information on the Purchase Information page:
      o  Amount of credits being purchased;
      o  Per-credit price; and
      o  Total purchasing price.
   If all the information looks correct click the "Continue to Pay.gov" button.
                                                                                   20

-------
21

-------
   •  The Payment Information must be entered in order to continue with the purchase:
•3-EPA
              United States Environmental Protection Agency
Cellulosic Biofuel Waiver Credits
System Message
     The system has populated the Payment Date with the next available payment date.
  Online Payment
  Step 1: Enter Payment Information
  Pay Via Bank Account (ACH) About ACH Del>it
  Requhed fields ate indicated with a ted asterisk*
Return to your originating application
                       Account Holdei Name:
                           Payment Amount: $312.00
                              Account Type:
                           Routing Numhei:
                           Account Number:)
                    Confirm Account Number: |
                             Check Numbet:
                                              Routing Number
 Account Number
       I
R3^1?E,71C
                Check Number
                     I
                             Payment Date: 02/10/2011
                          Number of Credits: 200
                     Total Purchase (in USD): 312.0
                            Company Name: MRR Inc
                               Company ID: 3244
     Facility ID (only if complying on a Refinei by
                              Refiner basis):
       Select the"Continue with ACH
                                 Continue with ACH PayrnentJJ) Cancel
                                                      he next step in the ACH Debit Payment Process.
 Note: Please avoid navigating the site using your browser's Back Button - this may lead to incomplete data being transmitted
 and pages being loaded incorrectly. Please use the links provided whenever possible.
   •  Once all the information is added, click the "Continue with ACH Payment" button to
      continue.
                                                                                              22

-------
    •   The Authorize Payment page contains the payment summary. Users may opt to enter in
       an email address to receive a confirmation receipt if they choose.
              United States Environmental Protection Agency
Cellulosic  Biofuel Waiver Credits
  Online Payment
  Step 2: Authorize Payment
  Payment Summary   Edit this information
                                                           Return to your originating application
                                                                              Payment Date: 02/02/2011
                                                                          Number of Credits: 200
                                                                     Total Purchase (in USD): 312.0
                                                                            Company Name: MRR Inc
                                                                               Company ID: 3244
                                                    Facility ID (only if complying on a Refinei by
                                                                              Refiner basis):
  Email Confirmation Receipt
  To have a confirmation sent to you upon completion of this transaction, provide an email address and  confirmation below.
                 Email Address: |_
         Confirm Email Address:
Account Holder Name: Test
    Payment Amount: $312.00
       Account Type: Personal Checking
     Routing Number: 042000424
     Account Nunibei: 1111
      Check Number: 1111
                          CC:
                                                                             multiple email addresses wiit? i
  Authorization and Disclosure
  Retjuiied fields are indicated with a red asteriskj
  I agree to the authorization and disclosure languac
   Authorization  and Disclosure—Consumers and  Businesses

   The debit transaction(s) to which you are  agreeing are handled on behalf  of Federal
   agencies by  "Pay.gov," which  consists of services offered  by the U.S. Treasury
   Department's Financial Management Service. As  used in this document, "we" or "us"
   refers to the  Financial Management Service and its agents  and contractors operating
   Pay.gov. "You" refers to the  end-user reading  this document and agreeing  to it prior
   to engaging  in a debit transaction.

   I.  Consumers

   A.  Authorization

   You acknowledge that you have read and understand the consumer disclosure language and
   authorize the  Federal Reserve financial institution of Cleveland to debit the named
   financial institution account.  This authorisation is to  remain in full  force and
   effect until we have received notification of  its termination in such time and in such
   manner as to afford Pay.gov a reasonable opportunity to  act on it, or unless otherwise
   terminated for any reason by  Pay.gov.

   E.  Disclosure
  View Authorization and Disclosure in a separate window.
    Press the "Submit Payment" Button only oncjL_Pres=iinp] the button more than once could result in multiple transactions.
                                        Submit Payment Jj Cancel)
Note: Please avoid navigating the site using your browser's Back Button - this may lead to incomplete data being transmitted
and pages being loaded incorrectly. Please use the links provided whenever possible.
                                                                                                 23

-------
    •  If all the information is correct, the user must read accept the Authorization and
       Disclosure statement by clicking on the check box.  Then the user may click "Submit
       Payment".

    •  Once the submission has been accepted, the Credit  Purchase History Detail page will
       be displayed.  At the top of this page, it will indicate that the submission was a success:
         CeMil osic Biofue Waiver Credits
                       Credit Purchase History Detail
                         • Your payment has been successfully received

                          Purchase Information
                                    EP40TAQBIOFUEL0000201

                                    Success

                                    02/01/201 1 11:46 AH

                                    JENNIFERPAINE

                                    Jennifer L Paine
                         Company:

                         Compliance Level:

                         Number of Credits

                         Price per credit:

                         Total Purchase:
MRKInc [3244]

Aggregate Kefir

200

$1.56

$312.00

2010
Congratulations! You have successfully submitted your payment to purchase cellulosic biofuel
waiver credits.
If you have any general or technical questions related to the Central Data Exchange (CDX) you
may contact any of the following:

  • Telephone - Person-to-person telephone support is available from the CDX Help Desk 8:00
    am - 6:00 pm EST. Call our toll-free line at 888-890-1995.
  • Email - Send e-mail to Technical Support at helpdesk@epacdx.net with "Technical Support"
    in the Subject line.
  • Fax- Assistance requests are accepted 24 hours a day at 703-227-4199. Support personnel
    will respond to faxed requests Monday through Friday from 8:00 am to 6:00 pm EST.
                                                                                          24

-------
5.2 Electronic Payments via Fedwire

Be sure to include your Company Name, Company ID and reference "EPA Cellulosic Biofuel
Waiver Credits" on the funds transfer.

Receiving Financial Institution = TREAS NYC
Receiving FI ABA (routing #) = 021030004
Beneficiary Account = 68011233
Beneficiary Name = EPA

On the RFS0302 Report, [Field No. 29] = Fedwire

5.3 Mail Payment

Parties must submit the RFS2 Cellulosic Biofuel Waiver Credit Form along with their paper
checks. This form can be found on the RFS Reporting Forms webpage
http ://www. epa.gov/otaq/fuel s/reporting/rfs .htm.

In addition to the form mentioned above, paper checks must have the following information:

   •   Pay to the order of: U. S. EPA
   •   Memo: RFS2 - CB

Address for check payments:
US Environmental Protection Agency
Las Vegas Finance Center
PO Box 979087
St. Louis, MO  63197-9000

On the RFS0302 Report, [Field No. 29] = Mail

Additional Notes:
   •   Renewable Fuel Exporters and other non-obligated parties may not purchase EPA
       cellulosic biofuel waiver credits
   •   Pursuant to 80.1456(b)(2), EPA cellulosic biofuel waiver credits are nonrefundable.
   •   Pursuant to 80.1456(b)(3), EPA cellulosic biofuel waiver credits are nontransferable.
   •   Pursuant to 80.1456(b)(4), EPA cellulosic biofuel waiver credits may only be used for an
       obligated party's current year cellulosic biofuel RVO and not towards any prior year
       deficit cellulosic biofuel volume obligations.
                                                                                   25

-------