EPA Publishes Final Rule To Correct And Clarify Issues With The RFS Program

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Courtesy of Bergeson & Campbell, P.C.

On April 22, 2016, EPA published Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards as a final rule in the Federal Register. This final action amends the RFS Quality Assurance Program (QAP) rule to exempt downstream end users of renewable fuels from product transfer document (PTD) requirements. EPA originally added the PTD requirements to the QAP rule, requiring parties taking ownership of renewable fuel to use the fuel for transportation -- parties would incur a renewable volume obligation if they exported the fuel. This rule was not intended to apply to downstream end users, but language was accidentally added in an amendment that transferred the PTD requirements along with the custody of renewable fuels to end users. The amendment clarifies this language to assert that there are end user exemptions to PTD requirements under the RFS program. The rule will go into effect onJune 21, 2016.

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