Posted July 7, 2014
On July 2, the U.S. Environmental Protection Agency (EPA) issued two final rules concerning the renewable fuel standard (RFS), according to a Biomass article by Erin Voegele available here. A recent blog post on RFS is available here.
The first rule establishes new fuel pathways and amends the RFS in several ways.
It qualifies new cellulosic and advanced fuel pathways under the RFS, including those for “compressed and liquefied natural gas produced from biogas and landfills, municipal waste-water treatment facility digesters, agricultural digesters, and separated MSW.”
The pathways rule also clarifies several regulations that address registration, recordkeeping, or reporting requirements. It states that producers must include information on the types of residues that will be used. Producers must also record and report quantities of specific types of residues used during production to the EPA. Additionally, the rule states that corn kernel fiber qualifies as a crop residue.
The second rule finalizes the voluntary quality assurance plan (QAP) for RFS.
The new programs provides an “affirmative defense against liability for civil violations under certain conditions for the transfer or use of invalidly generated” Renewable Identification Number (RIN).
The rule also establishes a third-party quality assurance program option for RINs that regulated parties may use as a “supplemental to the buyer beware liability prescribed” under RFS regulations. Additionally, the rule establishes independent third-party auditors qualifications, and sets biofuel production facilities audit requirements.
The pathways rule will be in effect 30 days after it is published in the Federal Register, and the QAP will be in effect 60 days after publication in the Federal Register
For more information on the Renewable Energy, please visit the National Agricultural Law Center’s website here.
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