Maryland Society of Professional Engineers

Chemical Engineers -- A new EPA regulation for producers of renewable fuels requires an independent third party engineering review and written report and verification. For domestic facilities, the independent third party must be “a Professional Chemical Engineer who is based in the United states and is licensed by an appropriate state agency. EPA has provide a list of state societies of the National Society of Professional Engineers.

What are the requirements of the independent third party?

Section 80.1450

(2) An independent third party engineering review and written report and verification of the information provided pursuant to paragraph (b)(1) of this section. The report and verification shall be based upon a site visit and review of relevant documents and shall separately identify each item required by paragraph (b)(1) of this section, describe how the independent third party evaluated the accuracy of the information provided, state whether the independent third party agrees with the information provided, and identify any exceptions between the independent third party’s findings and the information provided.

(i) The verifications required under this section must be conducted by:

(A) A Professional Chemical Engineer who is based in the United States and is licensed by an appropriate state agency for a domestic production facility.

(B) An independent third party who is a licensed professional engineer or foreign equivalent who works in the chemical engineering field for a foreign production facility.

(ii) To be considered an independent third party under this paragraph (b)(2):

(A) The third party shall not be operated by the renewable fuel producer or any subsidiary or employee of the renewable fuel producer.

(B) The third party shall be free from any interest in the renewable fuel producer’s business.

(D) Use of a third party that is debarred, suspended, or proposed for debarment pursuant to the Government-wide Debarment and Suspension regulations, 40 CFR part 32, or the Debarment, Suspension and Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR, part 9, subpart 9.4, shall be deemed noncompliance with the requirements of this section.

(E) The third party must provide to EPA documentation of his or her qualifications as part of the engineering review, including proof of appropriate professional license or foreign equivalent.

(iii) The independent third party shall retain all records pertaining to the verification required under this section for a period of five years from the date of creation and shall deliver such records to the Administrator upon request.

(iv) The renewable fuel producer must retain records of the review and verification, as required in §80.1454(b)(6).

What does the independent third party need to verify?

(all the things listed in Section 18.1450(b)(1) … )

Also – See the Attached Checklist

Section 18.1450(b)(1)

(1) A description of the types of renewable fuels that the producer intends to produce at the facility and that the facility is capable of producing without significant modifications to the existing facility. For each type of renewable fuel, the renewable fuel producer shall also provide all the following:

(i) A list of all the feedstocks the facility is capable of utilizing without significant modification to the existing facility.

(ii) A description of the facility’s renewable fuel production processes.

(iii) The type of co-products produced with each type of renewable fuel.

(iv) A list of the facility’s process energy fuel types and locations from which the fuel was produced or extracted.

(v) For facilities described in §80.1403(c) and (d):

(A) The facility’s baseline volume as defined in §80.1403(a)(1).

(B) The facility’s renewable fuel production capacity as specified in applicable air permits issued by the U.S. Environmental Protection Agency, state, local air pollution control agencies, or foreign governmental agencies and that govern the construction and/or operation of the renewable fuel facility:

(1) Issued or revised no later than December 19, 2007 for facilities described in §80.1403(c).

(2) Issued or revised no later than December 31, 2009 for facilities described in §80.1403(d).

(C) Copies of applicable air permits issued by the U.S. Environmental Protection Agency, state, local air pollution control agencies, or foreign governmental agencies, that provide evidence that such permits were issued prior to December 19, 2007 for facilities described in §80.1403(c), and prior to December 31, 2009 for facilities described in §80.1403(d).

(D) Copies of documents demonstrating the facility’s actual peak capacity as defined in §80.1401(a)(3) if the maximum rated annual volume output of renewable fuel is not specified in any applicable air permits issued by the U.S. Environmental Protection Agency, state, local air pollution control agencies, or foreign governmental agencies.

(E) The date that construction commences, along with evidence demonstrating that construction commenced as defined in §80.1403(a)(4) including, but not limited to, contracts with construction and other companies.

(vi) Records relevant to generation of RINs from:

(A) Producers providing biogas, or renewable electricity to transportation fueling facilities as described in §80.1426(f)(10);

(B) Producers providing biogas, or renewable electricity to transportation fueling facilities via commercial distribution systems as described in §80.1426(f)(11); and

(vii) (A) For a producer of renewable fuel made from separated yard waste per §80.1426(f)(5)(i)(A):

(1) The location of any municipal waste facility or other facility from which the waste stream consisting solely of separated yard waste is collected; and

(2) A plan documenting how the waste will be collected and for ongoing verification that such waste consists only of yard waste and kept separate since generation from other waste materials, and incidental other components (e.g., paper and plastics).

(B) For a producer of renewable fuel made from separated food waste per §80.1426(f)(5)(i)(B):

(1) The location of any municipal waste facility or other facility from which the waste stream consisting solely of separated food waste is collected; and

(2) A plan documenting how the waste will be collected, how the cellulosic and non-cellulosic portions of the waste will be quantified, and for ongoing verification that such waste consists only of food waste kept separate since generation from other waste materials, containing only incidental other components (e.g., paper and plastics).

(viii) For a producer of renewable fuel made from separated municipal solid waste per §80.1426(f)(5)(i)(C):

(A) The location of the municipal waste facility from which the separated food and yard waste is collected.

(B) A plan providing ongoing verification that there is separation of recyclable paper, cardboard, plastics, rubber, textiles, metals, and glass wastes to the extent reasonably practicable and which documents the following:

(1) Extent and nature of recycling that occurred prior to receipt of the waste material by the renewable fuel producer;

(2) Identification of available recycling technology and practices that are appropriate for removing recycling materials from the waste stream; and

(3) Identification of the technology or practices selected including an explanation for such selection, and reasons why other technologies or practices were not.

(D) Certification by the producer that recycling is conducted in a manner consistent with goals and requirements of applicable State and local laws relating to recycling and waste management.