Guidance for Updating Engineering

            Reviews and Other Facility Registration
            Information
&EPA
United States
Environmental Protection
Agency

-------
      Guidance for Updating Engineering
   Reviews and Other Facility Registration
                     Information
                      Compliance Division
                 Office of Transportation and Air Quality
                 U.S. Environmental Protection Agency
United States
Environmental Protection
Agency
EPA-420-B-12-064
November 2012

-------
  GUIDANCE FOR UPDATING ENGINEERING REVIEWS AND OTHER FACILITY
                          REGISTRATION INFORMATION

Who must submit updated Registration Information and an updated Engineering Review
by January 31, 2013?
      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

What are the Requirements for the 2013 Updated Registration Information and
Engineering Review?
      40 CFR 80.1450(d)(3) requires all producers of renewable fuel and foreign ethanol
      producers to update registration information and submit an updated independent third-
      party engineering review. All information previously submitted in support of registration
      should be reviewed and brought up to date, using the process described below. An
      updated third party engineering report, with a new signature by  a qualified independent
      third party engineer, must be submitted; an addendum is not sufficient.  In addition to
      conducting the engineering review and providing the written report and verification
      required by 80.1450(b)(2),  the updated independent third-party engineering review must,
      pursuant to  80.1450(d)(3)(iii), include a detailed review of the renewable fuel producer's
      calculations used to determine the volume of RINs (VRiN)for a representative sample of
      batches of each type of renewable fuel produced since the 2010 registration.
      80.1450(d)(3)(iii) refers to VRIN calculations as required by 80.1426(f). Representative
      samples must be selected in accordance with 40 CFR 80.127.

      EPA intends to initiate a process to deactivate the RFS2 Part 80 registration of any 2010
      cohort RFS2 producer facility that has not submitted an updated registration and
      engineering review by January 31, 2013.

What is the Process for Submitting Updated Registration Information and an Updated
Engineering Review?
            Confirm/update company and facility information in EPA's Central Data
             Exchange (CDX). (See instructions below for entering  a confirmation.)  This
             should be initiated within CDX/OTAQReg, signed (electronically) by the
             Responsible Corporate Officer (RCO) and submitted following the procedures
             described below.
                 o Confirm/update records that support the facility's baseline volume (most
                   recent applicable air permits and/or copies of documents demonstrating
                   each facility's actual peak capacity)
                         For permitted capacity, a current permit must be on file
                         For actual peak capacity, current production records must be on
                          file
            Confirm/update all process heat fuel (including name and address of supplier(s))
            Confirm/update any applicable separation plan submitted pursuant to
             80.1426(f)(5)
                 o yard waste

-------
                 o  municipal solid waste
                 o  separated food waste
                         Must be submitted by any company that has selected any of the
                          following as a feedstock for an approved pathway (80.1426 Table
                          1) in CDX:
                                non-cellulosic portions of separated food waste,
                                cellulosic components of separated food waste,
                         May be required from a company that has selected the following as
                          a feedstock for an approved pathway (80.1426 Table 1) in CDX:
                                biogenic waste oils/fats/greases
                                    o   In order to expedite the review we suggest that
                                        companies submit details of the feedstock(s) they
                                        are using if a separated food waste plan is not
                                        applicable. Companies should supply enough
                                        information to demonstrate that the  feedstock
                                        qualifies as renewable biomass.
            Submit a complete engineering review with all required information and all
             required supporting documentation as described in 80.1450(b)(2).
            In order to ensure that the information is properly updated we suggest that the
             third party engineer conduct the on-site visit no more than 120 days prior to
             January 31, 2013. If an on-site visit was completed outside this timeframe, contact
             EPA's Fuels Program Support by email at support@epamts-support.com.

What Other Information is Helpful to Know?
      Copying and pasting entire sections/paragraphs of the regulations into the engineering
       review is unnecessary.
      The engineering review requires detailed explanations for several items, generally yes/no
       answers are not sufficient and could lead to delays in EPA's review process.
      Submit all required supporting documentation (permits, plans, process). Simply stating
       that a document was reviewed (ie: Engineer reviewed air permit) is not sufficient.

Where Can I Get More Information?
       Complete engineering review guidance:
       http://www.epa.gov/otaq/fuels/renewablefuels/compliancehelp/420bl0024.pdf

       Registration requirements under  80.1450: http://www.ecfr.gov/cgi-bin/text-
       Jdx?c=ecfr&SID=le60aa73a7998cedc70031075bffc46b&rgn=div8&view=text&node=40
       :17.0.1.1.9.13.93.28&idno=40

       Contact the Fuels Program Support: support@epamts-support.com

How do I "confirm" my CDX registration?
      From OTAQReg, select your company and  "edit" from the top right corner.
      At this point you can make any necessary edits or select "review". This will generate a
       view of your existing registration, at the bottom, select "continue".

-------
      Print, sign and submit with required documentation using one of the procedures outlined
       below.

How to submit registration information to EPA?
      Updated Registration Information and an Updated Engineering Reviews may also be
       mailed via US Mail or courier to the corresponding address:

       US Mail:                                 Commercial Delivery:
       U.S. Environmental Protection Agency      U.S. Environmental Protection Agency
       Fuels Programs Registration (6406J)        Fuels Programs Registration
       1200 Pennsylvania Avenue, NW           Room 647C; 202-343-9038
       Washington, DC 20460                   1310 L Street, NW
                                               Washington, DC 20005

      EPA intends to update DCFUELS to allow for uploading of required registration
       documentation. Once DCFUELS is available for this update, EPA will announce via an
       Enviroflash this new functionality along with specific instructions. Producers will have
       the option of using DCFUELS  for submitting documentation pursuant to 80.1450(d)(3).

Regulated parties may use these guidelines to aid in achieving compliance with the RFS2
program regulations. However, these guidelines do not in any way alter the requirements of those
regulations. While the guidance provided in these guidelines reflect the Agency's general plans
for implementation of the regulations at this time, some of the guidance may change as
additional information becomes available, or as the Agency further considers certain issues.
These compliance guidelines  do not establish or change legal rights or obligations. They do not
establish binding rules or requirements and are 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.

-------