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Displaying 16 - 30 of 97 results
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If a party buys a batch of ethanol, and through testing determines that the ethanol is synthetic (non-renewable), what happens to the RINs?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If a volume of renewable fuel for which RINs have been generated is found to not be a valid renewable fuel under the RFS program, then the associated RINs are likewise deemed invalid. See regulation Section 80.1131. If…
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If you have a spill, does the K code change to 2 for the spilled volume?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No, the K code is not changed as the result of a spill. (Refer to section 80.1132 of the regulation regarding retirement of RINs due to a spill.) Question and Answer was originally posted at: Questions and Answers…
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Can a producer aggregate multiple shipments into a single batch up to a threshold quantity as long as the batch is within one calendar month?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. In the context of generating RINs and specifying the BBBBB code, producers and importers have the option to define a batch as being comprised of several discreet shipments within a calendar month, so long as the total…
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Does compliance under OSHA's PSM demonstrate compliance with the risk management program?
The Clean Air Act Amendments of 1990 (CAAA) mandated the Occupational Safety and Health Administration (OSHA) to develop a regulatory program to protect workers from the risk of accidents that involve hazardous chemicals. OSHA promulgated its Process Safety Management Standard (PSM) on February 24, 1992 (57 FR 6356), codified at…
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Applicability of compliance audit provisions to non-prevention program elements
I have a Program 2 covered process and a Program 3 covered process at my stationary source. I am required (by 40 CFR Section 68.58 and 40 CFR Section 68.79) to certify compliance with prevention program requirements every three years. These compliance audits specifically address the prevention program portions of…
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Does a five-year update satisfy the requirement to conduct a compliance audit?
The owner or operator of a stationary source with a Program 2 or Program 3 process must conduct a compliance audit at least every three years to ensure compliance with the prevention program requirements and must revise and update the risk management plan (RMP) at least every five years (§§68.58…
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RMP Program Level 2 and 3 compliance audit frequency
Pursuant to the risk management program regulations, facilities with Program Level 2 and 3 processes must perform compliance audits at least once every three years (40 CFR §§68.58 and 68.79). Do regulated facilities have to perform the audits within exactly three years or can facilities perform the audits any time…
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Does a PHA for OSHA satisfy EPA's PHA requirement for Program 3?
The risk management program regulations require that an initial process hazard analysis (PHA) for each Program 3 process be completed no later than June 21, 1999 (or by the time the process first has more than a threshold quantity of a regulated substance, if that occurs after June 21, 1999)…
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Do compliance audits cover non-prevention program requirements?
Does the compliance audit requirement cover all of the Part 68 requirements or just the prevention program requirements? The compliance audit requirement applies only to the prevention programs under Subpart C. If you have a Program 2 process, you must certify that you have evaluated compliance with the Program 2…
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How often must employees complete refresher training?
How often must employees of facilities that are subject to the risk management program complete refresher training? A facility owner or operator must provide refresher training at least every three years, and more often if necessary, to each employee operating a process in order to ensure that the employee understands…
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Hot Work Permit Procedures and Date
Stationary sources subject to the Program 3 Prevention Program requirements in 40 CFR Part 68, Subpart D, must include in their Risk Management Plan (RMP) the date of the most recent review or revision of hot work permit procedures in Section 7.13. What are hot work permit procedures and what…
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I will be making renewable gasoline from renewable crude. Section 80.1115(b)(6) of the regulations says I must use an Equivalence Value of 1.0 even though renewable gasoline clearly warrants a higher Equivalence Value. Can I submit a petition?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. See regulation Section 80.1115(c)(2). However, for renewable fuels other than renewable diesel which are made from renewable crudes, information on the energy content and/or renewable content may be difficult to obtain. This is why we designated the…
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Regulation Section 80.1126(d)(1), which says "must," seems in conflict with Section 80.1126(d)(2) which says "may". Is the correct reading that any volume of renewable fuel that leaves a producer's gate on or after 9/1/07 MUST have RINs assigned?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Renewable fuel producers and importers may generate RINs for renewable fuel they own on September 1, 2007 that was produced or imported earlier, and must generate RINs for renewable fuel produced or imported on or after September 1…
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What is the Equivalence Value for E85? Is it 0.85 since its renewable content is only 85 percent?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. Equivalence Values are generated and apply to renewable fuel at the point of production or importation, not at the point of blending. Thus it is denatured ethanol, not E85 (nor E10) to which the Equivalence Value applies…
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Who actually calculates the RVO? The refinery or EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Each obligated party calculates the RVO itself, based on its annual gasoline volume. See regulation Sections 80.1152(a)(1)(v) and (vi). Question and Answer was originally posted at: Questions and Answers on the Renewable Fuel Standard Program (PDF) (55 pp…
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