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08/11/2023
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(a)(1) Each gallon of a renewable fuel, or gallon equivalent pursuant to paragraph (b)(5) or (b)(6) of this section, shall be assigned an equivalence value by the producer or importer pursuant to paragraph (b) or (c) of this section.
(2) The equivalence value is a number that is used to determine how many gallon-RINs can be generated for a gallon of renewable fuel according to §80.1426.
(b) Equivalence values shall be assigned for certain renewable fuels as follows:
(1) Ethanol which is denatured shall have an equivalence value of 1.0.
(2) Biodiesel shall have an equivalence value of 1.5.
(3) Butanol shall have an equivalence value of 1.3.
(4) Non-ester renewable diesel with a lower heating value of at least 123,500 Btu/gal shall have an equivalence value of 1.7.
(5) 77,000 Btu LHV of renewable CNG/LNG or RNG shall represent one gallon of renewable fuel with an equivalence value of 1.0.
(6) 22.6 kWh of electricity shall represent one gallon of renewable fuel with an equivalence value of 1.0.
(7) For all other renewable fuels, a producer or importer must submit an application to EPA for an equivalence value following the provisions of paragraph (c) of this section. A producer or importer may also submit an application for an alternative equivalence value pursuant to paragraph (c) of this section if the renewable fuel is listed in this paragraph (b), but the producer or importer has reason to believe that a different equivalence value than that listed in this paragraph (b) is warranted.
(c) Calculation of new equivalence values.(1) The equivalence value for renewable fuels described in paragraph (b)(7) of this section shall be calculated using the following formula:
EqV = (R/0.972) * (EC/77,000)
Where:
EqV = Equivalence Value for the renewable fuel, rounded to the nearest tenth.
R = Renewable content of the renewable fuel. This is a measure of the portion of a renewable fuel that came from renewable biomass, expressed as a fraction, on an energy basis.
EC = Energy content of the renewable fuel, in Btu per gallon (lower heating value).
(2) The application for an equivalence value shall include a technical justification that includes all the following:
(i) A calculation for the requested equivalence value according to the equation in paragraph (c)(1) of this section, including supporting documentation for the value of EC used in the calculation such as a certificate of analysis from a laboratory that verifies the lower heating value in Btu per gallon of the renewable fuel produced.
(ii) For each feedstock, biointermediate, component, or additive that is used to make the renewable fuel, provide a description, the percent input, and identify whether or not it is renewable biomass or is produced from renewable biomass.
(iii) For each feedstock or biointermediate that also qualifies as a renewable fuel, state whether or not RINs have been previously generated for such feedstock.
(iv) A description of the renewable fuel and the production process, including a block diagram that shows all inputs and outputs at each step of the production process with a sample quantity of all inputs and outputs for one batch of renewable fuel produced.
(3) The Agency will review the technical justification and assign an appropriate equivalence value to the renewable fuel based on the procedure in this paragraph (c).
(4) Applications for equivalence values must be sent to the attention of "RFS2 Program (Equivalence Value Application)" to the address in §80.10(a).
(5) All applications required under this section shall be submitted on forms and following procedures prescribed by EPA.
[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 77 FR 1355, Jan. 9, 2012; 79 FR 42159, July 18, 2014; 85 FR 7075, Feb. 6, 2020; 87 FR 39661, July 1, 2022; 88 FR 44582, July 12, 2023]
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