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. ------- |