2 Analyses of this federal-register by attorneys

  1. Practical steps to mitigate RIN market fraud risk in light of EPA's Inspector General RFS audit report

    Eversheds Sutherland (US) LLPNicholas HillmanSeptember 28, 2023

    ideal for smaller companies.________Genscape, Inc. v. EPA, No. 19-3705 (6th Cir.). In 2019, EPA revoked Genscape’s QAP auditor registration and required Genscape to replace approximately 69 million RINs. In 2022, after years of negotiation, EPA and Genscape entered into a settlement agreement whereby Genscape would be required to purchase and retire 24 million RINs (a significantly lower number of RINs that Genscape fraudulently verified). DART is a searchable database consisting of information from the EMTS and the OTAQ Fuels Registration system, including RIN transactions. DC FUEL includes a portal for submitting quarterly and annual reports, including attest engagements and engineering reviews, and a database that securely stores such reports. EMTS receives and stores RIN transactions and associated information, and OTAQ Fuels Registration is the RFS program’s company and facility registration system.Renewable Fuel Standard (RFS) Program: Standards for 2023-2025 and Other Changes, 88 Fed. Reg. 44468, 44475 (July 12, 2023).[View source.]

  2. EPA Sets Final Renewable Fuels Standards for 2023, 2024, and 2025

    Bergeson & Campbell, P.C.Lynn L. BergesonAugust 9, 2023

    On July 12, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule establishing the applicable volumes and percentage standards for 2023 through 2025 for cellulosic biofuel, biomass-based diesel (BBD), advanced biofuel, and total renewable fuel. 88 Fed. Reg. 44468. The final rule also establishes the second supplemental standard addressing the judicial remand of the 2016 standard-setting rulemaking. Finally, according to EPA, the rule makes several regulatory changes to the Renewable Fuel Standard (RFS) program, including changes related to the treatment of biogas and other modifications to improve the program's implementation. As reported in our June 28, 2023, blog item, the final volume targets (billion Renewable Identification Numbers (RIN)) are as follows:202320242025Cellulosic biofuel0.841.091.38BBDa2.823.043.35Advanced biofuel5.946.547.33Renewable fuel20.9421.5422.33Supplemental standard0.25n/an/aa BBD is given in billion gallons. The rule will be effective September 11, 2023, except for amendatory instruction 30, which will be effective February 1, 2024, and amendatory instructions 41 and 42, which will be effective April 1, 2024.[View source.]