Guidance for Updating Engineering

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

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      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-13-043
September 2013

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  GUIDANCE FOR UPDATING ENGINEERING REVIEWS AND OTHER FACILITY
                          REGISTRATION INFORMATION

Who must submit updated Registration Information and an updated Engineering Review
by January 31, 2014?
       For all producers of renewable fuel and foreign ethanol producers registered in calendar
       year 2011, the updated registration information and independent third-party engineering
       review shall be submitted to EPA by January 31, 2014.

What are the Requirements for the 2014 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 supporting documentation must be electronically signed and submitted by a qualified
independent third party engineer; an addendum is not sufficient.  EPA recommends that the
engineer uses the Engineering Review Template when writing the engineering review. The PE
should upload the signed and stamped page with the engineering review.
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 2011 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 2011 cohort
RFS2 producer facility that has not submitted an updated registration and engineering review by
January 31,2014.

How does the renewable fuel producer review and update their registration information in
EPA's Central Data Exchange (CDX)?
          1.  As a user associated with your company in CDX OTAQReg with the Company
             Editor role, log-in to CDX, click "Fuels Programs Registration" to access
             OTAQReg, click your company's name under "Company Information", and
             select the "Edit" button in the upper right portion of the webpage.
          2.  At this point you can make any necessary edits to your Company Details. Be sure
             to then select the "Facility Details" tab and click the name of any listed facilities
             to review your facility registration information.
          3.  After making any necessary edits to your facility information, click the "Save
             Facility" button. Once all facilities that require an engineering review update
             have been reviewed in CDX OTAQReg, click the "Review" button. This will

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             generate a view of your existing registration, select "continue" at the bottom of
             the screen.
          4.  You can then click the "Sign Electronically" or "Print, Sign, and Mail button" to
             generate your request. Be sure to then save a copy of your request, have the RCO
             sign this document, and send all pages to EPA to the appropriate address listed at
             the bottom of this document.
                 o  Note, if your RCO is registered for RCO e-signature capability, your
                    request will be listed with the status "Awaiting RCO Electronic Signature"
                    under "Pending Requests" on your CDX OTAQReg. In this case, the
                    RCO should log-in to CDX OTAQReg to electronically submit the request
                    to EPA.

What documents must the renewable fuel producers supply to the third-party professional
engineer?
          1.  Records that support the facility's baseline volume, permitted capacity, and/or
             actual peak capacity as listed in CDX OTAQReg (most recent  applicable air
             permits and/or copies of documents demonstrating each facility's actual peak
             capacity)
                 o  For permitted capacity, a current permit that lists the registered/requested
                    capacity volume
                 o  For actual peak capacity, current production records
          2.  Current process heat fuel supply plan pursuant to 80.1450(b)(l)(iv) (including
             name and address of supplier(s))
          3.  Revised version of 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,
                                • biogenic waste oils/fats/greases
                                     > 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.

What must the third-party independent  professional engineer submit to EPA and how does
the engineer submit this  information?

          1.  The third-party independent professional engineer who completes the engineering
             review and on-site facility visit must first associate with the renewable fuel
             producer in CDX OTAQReg with the "Independent Third-Party Engineer" role.

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This role will allow the professional engineer to review the company's
registration information and also electronically submit the engineering review and
all required supporting documentation
See the New User with an EPA Registered Company guide for assistance with
associating with a company in CDX OTAQReg
   o When first creating a CDX account and adding the OTAQReg program
      service, be sure to register under your third-party organization
          •  After this initial CDX registration, you will be able to enter the
             OTAQReg program service and initiate a Company Association
             Request for the registered renewable fuel producer you are
             reviewing.
In order to review a company's CDX OTAQReg registration information after
associating with the company, the professional engineer will need to log-in to
CDX, click on "Fuels Programs Registration", click on the company's name
under "Company Information", click the "View Request" button (if visible), click
the "Facility Details" tab, and click the name of the appropriate facility.
The third-party independent professional engineer must electronically submit a
complete engineering review with all required information and all required
supporting documentation as described in 80.1450(b)(2).  EPA recommends that
the engineer use the Engineering Review Template when writing the engineering
review.
   o The professional  engineer will need to log-in to CDX and click the "Add
      Program Service" button to add the OTAQDCFUEL program service if
      they do not already have this Program Service listed in CDX.
   o Once the professional engineer has the OTAQDCFUEL program service,
      they will be able to click the "OTAQ DC Fuel Application" link on their
      MyCDX home page.  They will be prompted to confirm the company's
      RCO information and identify  as a professional engineer submitting an
      engineering review.
   o The professional  engineer will then need to click the "Original" radio
      button and attach the engineering review along with the supporting
      documentation and click the "Encrypt and Sign" button.
          •  If the engineering review and supporting documentation consist of
             multiple files, please zip these files into a single zip file using an
             appropriate program (e.g., Winzip).
          •  Note: If, after the initial submission of the engineering review and
             supporting documentation, the professional engineer needs to
             submit additional and/or amended materials, the professional
             engineer should select the "Resubmission" radio button and
             provide a comment in OTAQDCFUEL indicating the date of the
             original submission and the reason for resubmission.
   o The professional  engineer must then select the "Third Party Engineering
      Review" checkbox, click the accept button, and follow the e-signature
      instructions to submit the engineering review to EPA.
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

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             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.
   •   The third-party independent professional engineer who conducts the on-site review and
       writes the engineering review must also sign and submit the engineering review
       electronically in CDX OTAQDCFUEL. Engineering review updates submitted by other
       individuals, or submitted by mail, will not be accepted.

Where Can I Get More Information?
       EPA's Engineering Review Template:
       http://www.epa.gov/otaq/fuels/renewablefuels/documents/420bl3044.docx

       Complete engineering review guidance:
       http://www.epa.gov/otaq/fuels/renewablefuels/compliancehelp/420bl0024.pdf
       Registration requirements under § 80.1450

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

How do I send my CDX OTAQReg-generated Company Update Request to EPA?
       The RCO-signed Company Update Request may be sent to one of the following
       addresses:

       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

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.

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