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VIA ELECTRONIC MAIL 

December 14, 2010

Paul Machiele

U.S. Environmental Protection Agency

National Vehicle and Fuel Emissions Laboratory/OAR 

2565 Plymouth Road 

Ann Arbor, MI 48105

Machiele.paul@epamail.epa.gov

Erv Pickell 

U.S. Environmental Protection Agency 

Region 8 

1595 Wynkoop Street 

Mail Code: 8MSU 

Denver, CO 80202-1129 

pickell.erv@epa.gov 

Re: RFS2 - Date of RIN Transfer 

Dear Mr. Machiele and Mr. Pickell: 

On behalf of the Renewable Fuels Association (RFA), Growth Energy (GE), the American Petroleum 

Institute (API), and the National Petrochemical and Refiners Association (NPRA), we are writing in reference to 

the currently outstanding industry issue of EMTS RIN transaction reporting for RFS2 compliance. This letter is a 

follow-up to the RFA, GE, and API letter of July 30, 2010 to Mr. Pickell and others at EPA, and a subsequent 

teleconference discussion between EPA, RFA, GE, API, and NPRA on August 6, 2010. We appreciate the time 

EPA has taken thus far in working on this issue with our associations.

To resolve this outstanding issue, we request with this letter that EPA afford industry the flexibility to use 

existing accounting systems by allowing the use of either the title transfer date or the invoice date (plus a 

designated number of days depending on the mode of transportation) for purposes of EMTS RIN transaction 

reporting and RFS2 compliance. As highlighted in the July 30 letter and further discussed during the August 6 

teleconference, such flexibility is needed to allow efficient operation of all industry accounting systems, the 

majority of which currently follow the RFS1 compliance process and use of the invoice date.

Attached please find a draft technical amendment for your review and consideration. We plan to arrange 

a teleconference with you and others at EPA shortly to discuss this proposal and define the path forward. 

Thank you very much for your consideration.

Sincerely, 

Geoff Cooper 

Renewable Fuels Association 

Greg Krissek 

Growth Energy 
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Patrick Kelly 

American Petroleum Institute

Tim Hogan

National Petrochemical and Refiners Association

cc: 

John Weihrauch, weihrauch.john@epa.gov 

Tony Miller, miller.anthony@epa.gov 

David Korotney, korotney.david@epa.gov 

Karl Simon, simon.karl@epa.gov

Paul Argyropoulos, argyropoulos.paul@epamail.epa.gov

Chet France, france.chet@epamail.epa.gov
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APPENDIX

DRAFT PROPOSED TECHNICAL AMENDEMENT FOR CONSIDERATION

(note: modifications are shown as highlighted sections; 

additions are underlined and deletions are shown as stricken)

Subpart M—Renewable Fuel Standard

§ 80.1401 Definitions.

Cropland is land used for production of crops for harvest and includes cultivated cropland, such as for row crops or closegrown crops, and non-cultivated cropland, such as for horticultural or aquatic crops.

Date of the transfer or transaction date is, for the purpose of assigned RINs, either: 

(a) the title transfer date for the associated volume of renewable fuel, or

(b) 

(i) the invoice date for the associated volume of renewable fuel in the case of truck transfers or in-tank transfers,

(ii) the invoice date plus ten (10) days for the associated volume of renewable fuel in the case of rail car transfers,

(iii) ) the invoice date plus fourteen (14) days for the associated volume of renewable fuel in the case of barge 

transfers.

Diesel, for the purposes of this subpart, refers to any and all of the products specified at §80.1407(e).

§ 80.1428 General requirements for RIN distribution.

(a) RINs assigned to volumes of renewable fuel. 

(1) Assigned RIN, for the purposes of this subpart, means a RIN assigned to a volume of renewable fuel pursuant to 

§80.1426(e) with a K code of 1.

(2) Except as provided in §80.1429, no person can separate a RIN that has been assigned to a batch pursuant to §80.1426(e).

(3) An assigned RIN cannot be transferred to another person without also simultaneously transferring a volume of renewable 

fuel to that same person.

(4) No more than 2.5 assigned gallon-RINs with a K code of 1 can be transferred to another person with every gallon of 

renewable fuel transferred to that same person.

(5)(i) On each of the dates listed in paragraph (a)(5)(ii) of this section in any calendar year, the following equation must be 

satisfied for assigned RINs and volumes of renewable fuel owned by a person:

Σ(RIN)D≤ Σ(Vsi* 2.5)D

Where:

D = Applicable date.

Σ(RIN)D= Sum of all assigned gallon-RINs with a K code of 1 that are owned on date D.

(Vsi)D= Volume i of renewable fuel owned on date D, standardized to 60 °F, in gallons.

(ii) The applicable dates are March 31, June 30, September 30, and December 31.

(6) Any transfer of ownership of assigned RINs must be documented on product transfer documents generated pursuant to 

§80.1453.

(i) The RIN must be recorded on the product transfer document used to transfer ownership of the volume of renewable fuel to 

another person; or

(ii) The RIN must be recorded on a separate product transfer document transferred to the same person on the same day as 

the product transfer document used to transfer ownership of the volume of renewable fuel.
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§ 80.1460 What acts are prohibited under the RFS program?

(a) Renewable fuels producer or importer violation. Except as provided in §80.1455, no person shall produce or import a 

renewable fuel without complying with the requirements of §80.1426 regarding the generation and assignment of RINs.

(b) RIN generation and transfer violations. No person shall do any of the following:

(1) Generate a RIN for a fuel that is not a renewable fuel, or for which the applicable renewable fuel volume was not produced.

(2) Create or transfer to any person a RIN that is invalid under §80.1431.

(3) Transfer to any person a RIN that is not properly identified as required under §80.1425.

(4) Transfer to any person a RIN with a K code of 1 without transferring an appropriate volume of renewable fuel to the same 

person as required under §80.1428(a)on the same day.

(5) Introduce into commerce any renewable fuel produced from a feedstock or through a process that is not described in the 

person's registration information.

(c) RIN use violations. No person shall do any of the following:

(1) Fail to acquire sufficient RINs, or use invalid RINs, to meet the person's RVOs under §80.1427.

(2) Use a validly generated RIN to meet the person's RVOs under §80.1427, or separate and transfer a validly generated RIN, 

where the person using the RIN ultimately uses the renewable fuel volume associated with the RIN in an application other than

for use as transportation fuel, jet fuel, or heating oil (as defined in §80.1401).

(3) Use a validly generated RIN to meet the person's RVOs under §80.1427, or separate and transfer a validly generated RIN, 

where the person ultimately uses the renewable fuel volume associated with the RIN in an application other than for use as 

transportation fuel, jet fuel, or heating oil (as defined in §80.1401).

(d) RIN retention violation. No person shall retain RINs in violation of the requirements in §80.1428(a)(5).

(e) Causing a violation. No person shall cause another person to commit an act in violation of any prohibited act under this 

section.

(f) Failure to meet a requirement. No person shall fail to meet any requirement that applies to that person under this subpart.