US EPA Direct Final, Proposed Rules Amend Heating Oil Definition
by Ashley Player (Biodiesel Magazine) You may or may not have noticed that the U.S. EPA released a direct final rule and proposed rule on Sept.17 modifying the definition of heating oil in the renewable fuel standard (RFS2). …
If a producer already meets the No. 1 or No. 2 spec for heating oil or makes nonpetroleum diesel, their RIN reporting and registration requirements stay the same.
The direct final and proposed rules expand the definition to also include “fuel oil” that is used to heat buildings occupied by people and that is flowable at standard temperature and pressure. The new definition opens the door for many more producers of renewable heating oil, but also adds more registration and reporting requirements.
When the producer of fuel oil registers with the EPA, two more types of documents must be submitted and reviewed by the professional engineer conducting the independent engineering review. An affidavit from the producer stating that the fuel will be sold for heating interior spaces of homes or buildings to control ambient climate for human comfort and no other purpose. The producer must also supply affidavits from “existing final end users” stating that the fuel is being used for the same purpose listed previously. Fuel oil used for any other purpose, such as process heat, electricity generation, or even co-generation of electricity and heat, is not eligible for RIN generation under this rule. READ MORE