['Air Programs']
['Mobile Emission Sources']
08/11/2023
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(a) Pursuant to this section, a party may petition EPA to assign a D code for their renewable fuel if any of the following apply:
(1) The renewable fuel pathway has not been evaluated by EPA to determine if it qualifies for a D code pursuant to §80.1426(f).
(2) The renewable fuel pathway has been determined by EPA not to qualify for a D code pursuant to §80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA.
(3) The renewable fuel pathway has been determined to qualify for a certain D code pursuant to §80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA that may qualify their fuel pathway for a different D code.
(b)(1) Any petition under paragraph (a) of this section shall include all the following:
(i) The information specified under 40 CFR1090.805.
(ii) A technical justification that includes a description of the renewable fuel, feedstock(s), and biointermediate(s) used to make it, and the production process. The justification must include process modeling flow charts.
(iii) A mass balance for the pathway, including feedstocks and biointermediates, fuels produced, co-products, and waste materials production.
(iv) Information on co-products, including their expected use and market value.
(v) An energy balance for the pathway, including a list of any energy and process heat inputs and outputs used in the pathway, including such sources produced off site or by another entity.
(vi) Any other relevant information, including information pertaining to energy saving technologies or other process improvements.
(vii) EPA may ask for additional information to complete the lifecycle greenhouse gas assessment of the new fuel or pathway.
(2) For those companies who use a feedstock not previously evaluated by EPA under this subpart, the petition must include all the following in addition to the requirements in paragraph (b)(1) of this section:
(i) Type of feedstock and description of how it meets the definition of renewable biomass.
(ii) Market value of the feedstock.
(iii) List of other uses for the feedstock.
(iv) List of chemical inputs needed to produce the renewable biomass source of the feedstock and prepare the renewable biomass for processing into feedstock.
(v) Identify energy needed to obtain the feedstock and deliver it to the facility. If applicable, identify energy needed to plant and harvest the renewable biomass source of the feedstock and modify the source to create the feedstock.
(vi) Current and projected quantities of the feedstock that will be used to produce the fuel, including information on current and projected yields for feedstocks that are harvested or collected.
(vii) The Administrator may ask for additional information to complete the lifecycle Greenhouse Gas assessment of the new fuel or pathway.
(c)(1) A company may only submit one petition per pathway. If EPA determines the petition to be incomplete, then the company may resubmit.
(2) The petition must be signed and certified as meeting all the applicable requirements of this subpart by the responsible corporate officer of the applicant company.
(3) If EPA determines that the petition is incomplete then EPA will notify the applicant in writing that the petition is incomplete and will not be reviewed further. However, an amended petition that corrects the omission may be re-submitted for EPA review.
(4) If the fuel or pathway described in the petition does not meet the definition of renewable fuel, advanced biofuel, cellulosic biofuel, or biomass-based diesel, then EPA will notify the applicant in writing that the petition is denied and will not be reviewed further.
(d) A D code must be approved prior to the generation of RINs for the fuel in question. During petition review EPA will evaluate whether a feedstock meets the 75% cellulosic content threshold allowing cellulosic RINs to be generated for the entire fuel volume produced. EPA may ask for additional information to complete this evaluation.
(e) The petition under this section shall be submitted on forms and following procedures as prescribed by EPA.
[75 FR 26037, May 10, 2010, as amended at 79 FR 42160, July 18, 2014; 85 FR 78467, Dec. 4, 2020; 87 FR 39662, July 1, 2022; 88 FR 44582, July 12, 2023]
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