786

For the reasons set forth in the preamble, 40 CFR part 80 is amended as follows: 

PART 80—REGULATION OF FUELS AND FUEL ADDITIVES 

1. The authority citation for part 80 continues to read as follows: 

Authority: 42 U.S.C. 7414, 7542, 7545, and 7601(a). 

2. A new Subpart M is added to part 80 to read as follows: 

Subpart M—Renewable Fuel Standard

Sec. 

80.1400 Applicability. 

80.1401 Definitions. 

80.1402 [Reserved] 

80.1403 Which fuels are not subject to the 20% GHG thresholds? 

80.1404 [Reserved] 

80.1405 What are the Renewable Fuel Standards? 

80.1406 Who is an obligated party under the RFS program? 

80.1407 How are the Renewable Volume Obligations calculated? 

80.1408-80.1414 [Reserved] 

80.1415 How are equivalence values assigned to renewable fuel? 

80.1416 Petition process for evaluation of new renewable fuels and pathways. 

80.1417-80.1424 [Reserved] 

80.1425 Renewable Identification Numbers (RINs). 

80.1426 How are RINs generated and assigned to batches of renewable fuel by 

renewable fuel producers or importers? 

80.1427 How are RINs used to demonstrate compliance? 

80.1428 General requirements for RIN distribution. 

80.1429 Requirements for separating RINs from volumes of renewable fuel. 

80.1430 Requirements for exporters of renewable fuels. 

80.1431 Treatment of invalid RINs. 

80.1432 Reported spillage or disposal of renewable fuel. 

80.1433-80.1439 [Reserved] 

80.1440 What are the provisions for blenders who handle and blend less than 

125,000 gallons of renewable fuel per year? 

80.1441 Small refinery exemption. 

80.1442 What are the provisions for small refiners under the RFS program? 

80.1443 What are the opt-in provisions for noncontiguous states and territories? 

80.1444-80.1448 [Reserved] 

80.1449 What are the Production Outlook Report requirements? 

80.1450 What are the registration requirements under the RFS program? 

80.1451 What are the reporting requirements under the RFS program? 
 787

80.1452 What are the requirements related to the EPA Moderated Transaction 

System (EMTS)? 

80.1453 What are the product transfer document (PTD) requirements for the RFS 

program? 

80.1454 What are the recordkeeping requirements under the RFS program? 

80.1455 What are the small volume provisions for renewable fuel production 

facilities and importers? 

80.1456 What are the provisions for cellulosic biofuel waiver credits? 

80.1457-80.1459 [Reserved] 

80.1460 What acts are prohibited under the RFS program? 

80.1461 Who is liable for violations under the RFS program? 

80.1462 [Reserved] 

80.1463 What penalties apply under the RFS program? 

80.1464 What are the attest engagement requirements under the RFS program? 

80.1465 What are the additional requirements under this subpart for foreign small 

refiners, foreign small refineries, and importers of RFS-FRFUEL? 

80.1466 What are the additional requirements under this subpart for RINgenerating foreign producers and importers of renewable fuels for which 

RINs have been generated by the foreign producer? 

80.1467 What are the additional requirements under this subpart for a foreign RIN 

owner? 

80.1468 Incorporation by reference. 

Subpart M—Renewable Fuel Standard

§ 80.1400 Applicability. 

The provisions of this Subpart M shall apply for all renewable fuel produced on or after 

July 1, 2010, for all RINs generated on or after July 1, 2010, and for all renewable 

volume obligations and compliance periods starting with January 1, 2010. Except as 

provided otherwise in this Subpart M, the provisions of Subpart K of this Part 80 shall 

not apply for such renewable fuel, RINs, renewable volume obligations, or compliance 

periods. 

§ 80.1401 Definitions. 
 788

The definitions of §80.2 and of this section apply for the purposes of this Subpart M. The 

definitions of this section do not apply to other subparts unless otherwise noted. Note 

that many terms defined here are common terms that have specific meanings under this 

subpart M. The definitions follow: 

Advanced biofuel means renewable fuel, other than ethanol derived from cornstarch, has 

lifecycle greenhouse gas emissions that are at least 50 percent less than baseline lifecycle 

greenhouse gas emissions. 

Annual cover crop means an annual crop, planted as a rotation between primary planted 

crops, or between trees and vines in orchards and vineyards, typically to protect soil from 

erosion and to improve the soil between periods of regular crops. 

Areas at risk of wildfire are those areas in the “wildland-urban interface", where humans 

and their development meet or intermix with wildland fuel. Note that, for guidance, the 

SILVIS laboratory at the University of Wisconsin maintains a website that provides a 

detailed map of areas meeting this criteria at: 

http://www.silvis.forest.wisc.edu/projects/US_WUI_2000.asp. The SILVIS laboratory is 

located at 1630 Linden Drive, Madison, Wisconsin, 53706 and can be contacted at 

(608)263-4349. 
 789

Baseline lifecycle greenhouse gas emissions means the average lifecycle greenhouse gas 

emissions for gasoline or diesel (whichever is being replaced by the renewable fuel) sold 

or distributed as transportation fuel in 2005. 

Biodiesel means a mono-alkyl ester that meets ASTM D 6751 (incorporated by reference, 

see § 80.1468). 

Biogas means a mixture of hydrocarbons that is a gas at 60 degrees Fahrenheit and 1 

atmosphere of pressure that is produced through the conversion of organic matter. 

Biogas that is used to generate RINs must be renewable fuel. Biogas includes propane, 

and landfill gas, manure digester gas, and sewage waste treatment gas. 

Biomass-based diesel means a renewable fuel that has lifecycle greenhouse gas emissions 

that are at least 50 percent less than baseline lifecycle greenhouse gas emissions and 

meets all of the requirements of paragraph (1) of this definition: 

(1)(i) Is a transportation fuel, transportation fuel additive, heating oil, or jet fuel. 

(ii) Meets the definition of either biodiesel or non-ester renewable diesel. 

(iii) Is registered as a motor vehicle fuel or fuel additive under 40 CFR part 79, if the 

fuel or fuel additive is intended for use in a motor vehicle. 

(2) Renewable fuel that is co-processed with petroleum is not biomass-based diesel. 
 790

Cellulosic biofuel means renewable fuel derived from any cellulose, hemi-cellulose, or 

lignin that has lifecycle greenhouse gas emissions that are at least 60 percent less than the 

baseline lifecycle greenhouse gas emissions. 

Cellulosic diesel is any renewable fuel which meets both the definitions of cellulosic 

biofuel and biomass-based diesel, as defined in this section 80.1401. Cellulosic diesel 

includes heating oil and jet fuel made from cellulosic feedstocks. 

Combined heat and power (CHP), also known as cogeneration, refers to industrial 

processes in which byproduct heat that would otherwise be released into the environment 

is used for process heating and/or electricity production. 

Co-processed means that renewable biomass was simultaneously processed with fossil 

fuels or other non-renewable feedstock in the same unit or units to produce a fuel that is 

partially derived from renewable biomass. 

Corn oil extraction means the recovery of corn oil from the thin stillage and/or the DGS 

produced by a dry mill corn ethanol plant, most often by mechanical separation. 

Crop residue is the biomass left over from the harvesting or processing of planted crops 

from existing agricultural land and any biomass removed from existing agricultural land 

that facilitates crop management (including biomass removed from such lands in relation 
 791

to invasive species control or fire management), whether or not the biomass includes any 

portion of a crop or crop plant. 

 

Cropland is land used for production of crops for harvest and includes cultivated 

cropland, such as for row crops or close-grown crops, and non-cultivated cropland, such 

as for horticultural or aquatic crops. 

Diesel, for the purposes of this subpart, refers to any and all of the products specified at 

§80.1407(e). 

Ecologically sensitive forestland means forestland that meets either of the following 

criteria: 

(1) An ecological community with a global or state ranking of critically imperiled, 

imperiled or rare pursuant to a State Natural Heritage Program. For examples of 

such ecological communities, see "Listing of Forest Ecological Communities 

Pursuant to 40 CFR 80.1401; S1-S3 communities," which is number EPA-HQOAR-2005-0161-1034.1 in the public docket, and "Listing of Forest Ecological 

Communities Pursuant to 40 CFR 80.1401; G1-G2 communities," which is 

number EPA-HQ-OAR-2005-0161-2906.1 in the public docket. This material is 

available for inspection at the EPA Docket Center, EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave., NW, Washington DC. The telephone number for 

the Air Docket is (202) 566-1742. 

 (2) Old growth or late successional, characterized by trees at least 200 years in age. 
 792

EPA Moderated Transaction System, or EMTS, means a closed, EPA moderated system 

that provides a mechanism for screening and tracking Renewable Identification Numbers 

(RINs) as per §80.1452. 

Existing agricultural land is cropland, pastureland, and land enrolled in the Conservation 

Reserve Program (administered by the U.S. Department of Agriculture’s Farm Service 

Agency) that was cleared or cultivated prior to December 19, 2007, and that, on 

December 19, 2007, was: 

(1) Nonforested; and 

(2) Actively managed as agricultural land or fallow, as evidenced by records which 

must be traceable to the land in question, which must include one of the 

following: 

(i) Records of sales of planted crops, crop residue, or livestock, or records of 

purchases for land treatments such as fertilizer, weed control, or seeding. 

(ii) A written management plan for agricultural purposes. 

(iii) Documented participation in an agricultural management program administered 

by a Federal, state, or local government agency. 

(iv) Documented management in accordance with a certification program for 

agricultural products. 

Exporter of renewable fuel means: 

(1) A person that transfers any renewable fuel to a location outside the contiguous 48 
 793

states and Hawaii; and 

(2) A person that transfers any renewable fuel from a location in the contiguous 48 

states or Hawaii to Alaska or a United States territory, unless that state or territory 

has received an approval from the Administrator to opt-in to the renewable fuel 

program pursuant to §80.1443. 

Facility means all of the activities and equipment associated with the production of 

renewable fuel starting from the point of delivery of feedstock material to the point of 

final storage of the end product, which are located on one property, and are under the 

control of the same person (or persons under common control). 

Fallow means cropland, pastureland, or land enrolled in the Conservation Reserve 

Program (administered by the U.S. Department of Agriculture’s Farm Service Agency) 

that is intentionally left idle to regenerate for future agricultural purposes with no seeding 

or planting, harvesting, mowing, or treatment during the fallow period. 

Forestland is generally undeveloped land covering a minimum area of 1 acre upon which 

the primary vegetative species are trees, including land that formerly had such tree cover 

and that will be regenerated and tree plantations. Tree covered areas in intensive 

agricultural crop production settings, such fruit orchards or tree-covered areas in urban 

settings such as city parks, are not considered forestland. 
 794

Fractionation of feedstocks means a process whereby seeds are divided in various 

components and oils are removed prior to fermentation for the production of ethanol. 

Fuel for use in an ocean-going vessel means, for this subpart only: 

(1) Any marine residual fuel (whether burned in ocean waters, Great Lakes, or other 

internal waters); 

(2) Emission Control Area (ECA) marine fuel, pursuant to §§80.2(ttt) and 80.510(k) 

(whether burned in ocean waters, Great Lakes, or other internal waters); and 

(3) Any other fuel intended for use only in ocean-going vessels. 

Gasoline, for the purposes of this subpart, refers to any and all of the products specified at 

§80.1407(c). 

Heating oil has the meaning given in §80.2(ccc). 

Importers. For the purposes of this subpart, an importer of transportation fuel or 

renewable fuel is any U.S. domestic person who: 

(1) Brings transportation fuel or renewable fuel into the 48 contiguous states of the 

United States or Hawaii, from a foreign country or from an area that has not opted 

in to the program requirements of this subpart pursuant to §80.1443; or 

(2) Brings transportation fuel or renewable fuel into an area that has opted in to the 

program requirements of this subpart pursuant to §80.1443 from a foreign country 

or from an area that has not opted in to the program requirements of this subpart. 
 795

Motor vehicle has the meaning given in Section 216(2) of the Clean Air Act (42 U.S.C. 

7550(2)). 

Naphtha means a renewable fuel or fuel blending component falling within the boiling 

range of gasoline. 

Neat renewable fuel is a renewable fuel to which 1% or less of gasoline (as defined in 

this section) or diesel fuel has been added. 

Non-ester renewable diesel means renewable fuel which is all of the following: 

(1) Registered as a motor vehicle fuel or fuel additive under 40 CFR Part 79, if the 

fuel or fuel additive is intended for use in a motor vehicle. 

(2) Not a mono-alkyl ester. 

Nonforested land means land that is not forestland. 

Nonroad vehicle has the meaning given in Section 216(11) of the Clean Air Act (42 

U.S.C. 7550(11)). 

Pastureland is land managed for the production of indigenous or introduced forage plants 

for livestock grazing or hay production, and to prevent succession to other plant types. 
 796

Planted crops are all annual or perennial agricultural crops from existing agricultural land 

that may be used as feedstocks for renewable fuel, such as grains, oilseeds, sugarcane, 

switchgrass, prairie grass, duckweed, and other species (but not including algae species 

or planted trees), providing that they were intentionally applied by humans to the ground, 

a growth medium, a pond or tank, either by direct application as seed or plant, or through 

intentional natural seeding or vegetative propagation by mature plants introduced or left 

undisturbed for that purpose. 

Planted trees are trees harvested from a tree plantation. 

Pre-commercial thinnings are trees, including unhealthy or diseased trees, primarily 

removed to reduce stocking to concentrate growth on more desirable, healthy trees, or 

other vegetative material that is removed to promote tree growth. 

Renewable biomass means each of the following (including any incidental, de minimis 

contaminants that are impractical to remove and are related to customary feedstock 

production and transport): 

(1) Planted crops and crop residue harvested from existing agricultural land cleared 

or cultivated prior to December 19, 2007 and that was nonforested and either 

actively managed or fallow on December 19, 2007. 

(2) Planted trees and tree residue from a tree plantation located on non-federal land 

(including land belonging to an Indian tribe or an Indian individual that is held in 

trust by the U.S. or subject to a restriction against alienation imposed by the U.S.) 
 797

that was cleared at any time prior to December 19, 2007 and actively managed on 

December 19, 2007. 

(3) Animal waste material and animal byproducts. 

(4) Slash and pre-commercial thinnings from non-federal forestland (including 

forestland belonging to an Indian tribe or an Indian individual, that are held in 

trust by the United States or subject to a restriction against alienation imposed by 

the United States) that is not ecologically sensitive forestland. 

(5) Biomass (organic matter that is available on a renewable or recurring basis) 

obtained from the immediate vicinity of buildings and other areas regularly 

occupied by people, or of public infrastructure, in an area at risk of wildfire. 

(6) Algae. 

(7) Separated yard waste or food waste, including recycled cooking and trap grease, 

and materials described in §80.1426(f)(5)(i). 

Renewable fuel means a fuel which meets all of the requirements of paragraph (1) of this 

definition: 

(1)(i) Fuel that is produced from renewable biomass. 

(ii) Fuel that is used to replace or reduce the quantity of fossil fuel present in a 

transportation fuel, heating oil, or jet fuel. 

(iii) Has lifecycle greenhouse gas emissions that are at least 20 percent less than 

baseline lifecycle greenhouse gas emissions, unless the fuel is exempt from this 

requirement pursuant to §80.1403. 
 798

(2) Ethanol covered by this definition shall be denatured as required and defined in 

27 CFR parts 19 through 21. Any volume of denaturant added to the undenatured 

ethanol by a producer or importer in excess of 2 volume percent shall not be 

included in the volume of ethanol for purposes of determining compliance with 

the requirements under this subpart. 

Renewable Identification Number (RIN), is a unique number generated to represent a 

volume of renewable fuel pursuant to §§ 80.1425 and 80.1426. 

(1) Gallon-RIN is a RIN that represents an individual gallon of renewable fuel; and 

(2) Batch-RIN is a RIN that represents multiple gallon-RINs. 

Slash is the residue, including treetops, branches, and bark, left on the ground after 

logging or accumulating as a result of a storm, fire, delimbing, or other similar 

disturbance. 

Small refinery, for this subpart only, means a refinery for which the average aggregate 

daily crude oil throughput for calendar year 2006 (as determined by dividing the 

aggregate throughput for the calendar year by the number of days in the calendar year) 

does not exceed 75,000 barrels. 

Transportation fuel means fuel for use in motor vehicles, motor vehicle engines, nonroad 

vehicles, or nonroad engines (except for ocean-going vessels). 
 799

Tree plantation is a stand of no less than 1 acre composed primarily of trees established 

by hand- or machine-planting of a seed or sapling, or by coppice growth from the stump 

or root of a tree that was hand- or machine-planted. Tree plantations must have been 

cleared prior to December 19, 2007 and must have been actively managed on December 

19, 2007, as evidenced by records which must be traceable to the land in question, which 

must include: 

(1) Sales records for planted trees or tree residue together with other written 

documentation connecting the land in question to these purchases; 

(2) Purchasing records for seeds, seedlings, or other nursery stock together with other 

written documentation connecting the land in question to these purchases; 

(3) A written management plan for silvicultural purposes; 

(4) Documentation of participation in a silvicultural program sponsored by a Federal, 

state or local government agency; 

(5) Documentation of land management in accordance with an agricultural or 

silvicultural product certification program; 

(6) An agreement for land management consultation with a professional forester that 

identifies the land in question; or 

(7) Evidence of the existence and ongoing maintenance of a road system or other 

physical infrastructure designed and maintained for logging use, together with one 

of the above-mentioned documents. 

Tree residue is slash and any woody residue generated during the processing of planted 

trees from tree plantations for use in lumber, paper, furniture or other applications, 
 800

provided that such woody residue is not mixed with similar residue from trees that do not 

originate in tree plantations. 

Yard waste is leaves, sticks, pine needles, grass and hedge clippings, and similar waste 

from residential, commercial, or industrial areas (but not from forestlands or tree 

plantations). 

§ 80.1402 [Reserved]

§ 80.1403 Which fuels are not subject to the 20% GHG thresholds? 

(a) For purposes of this section, the following definitions apply: 

(1) Baseline volume means the permitted capacity or, if permitted capacity cannot be 

determined, the actual peak capacity of a specific renewable fuel production 

facility on a calendar year basis. 

(2) Permitted capacity means 105% of the maximum permissible volume output of 

renewable fuel that is allowed under operating conditions specified in the most 

restrictive of all applicable preconstruction, construction and operating permits 

issued by regulatory authorities (including local, regional, state or a foreign 

equivalent of a state, and federal permits, or permits issued by foreign 

governmental agencies) that govern the construction and/or operation of the 

renewable fuel facility, reported as: 

(i) Annual volume output on a calendar year basis; or 
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(ii) If the permit specifies maximum rated volume output on an hourly basis, then 

multiplying the hourly output by 8,322 hours per year to obtain the annual output. 

(3) Actual peak capacity means 105% of the maximum annual volume of renewable 

fuels produced from a specific renewable fuel production facility on a calendar 

year basis. 

(i) For facilities that commenced construction prior to December 19, 2007 the actual 

peak capacity is based on the last five calendar years prior to 2008, unless no 

such production exists, in which case actual peak capacity is determined pursuant 

to paragraph (a)(3)(ii) of this section. 

(ii) For facilities that commenced construction after December 19, 2007, and are fired 

with natural gas, biomass, or a combination thereof, the actual peak capacity is 

based on any calendar year after startup during the first three years of operation. 

(4) Commence construction, as applied to facilities that produce renewable fuel, 

means that: 

(i) The owner or operator has all necessary preconstruction approvals or permits (as 

defined at 40 CFR 52.21(b)(10)), and has satisfied either of the following: 

(A) Begun, or caused to begin, a continuous program of actual construction on-site (as 

defined in 40 CFR 52.21(b)(11)). 

(B) Entered into binding agreements or contractual obligations, which cannot be 

cancelled or modified without substantial loss to the owner or operator, to 

undertake a program of actual construction of the facility. 
 802

(ii) For multi-phased projects, the commencement of construction of one phase does 

not constitute commencement of construction of any later phase, unless each 

phase is mutually dependent for physical and chemical reasons only. 

(b) The lifecycle greenhouse gas emissions from renewable fuels must be at least 20 

percent less than baseline lifecycle greenhouse gas emissions, with the exception 

of the baseline volumes of renewable fuel produced from facilities described in 

paragraphs (c) and (d) of this section. 

(c) The baseline volume of renewable fuel that is produced from facilities and any 

expansions, all of which commenced construction on or before December 19, 

2007, shall not be subject to the requirement that lifecycle greenhouse gas 

emissions be at least 20 percent less than baseline lifecycle greenhouse gas 

emissions if the owner or operator: 

(1) Did not discontinue construction for a period of 18 months after commencement 

of construction; and 

(2) Completed construction within 36 months of commencement of construction. 

(d) The baseline volume of ethanol that is produced from facilities and any 

expansions all of which commenced construction after December 19, 2007 and on 

or before December 31, 2009, shall not be subject to the requirement that lifecycle 

greenhouse gas emissions be at least 20 percent less than baseline lifecycle 

greenhouse gas emissions if such facilities are fired with natural gas, biomass, or 
 803

a combination thereof at all times the facility operated between December 19, 

2007 and December 31, 2009 and if: 

(1) The owner or operator did not discontinue construction for a period of 18 months 

after commencement of construction; 

(2) The owner or operator completed construction within 36 months of 

commencement of construction; and 

(3) The baseline volume continues to be produced through processes fired with 

natural gas, biomass, or any combination thereof. 

(e) The annual volume of renewable fuel during a calendar year from facilities 

described in paragraphs (c) and (d) of this section that exceeds the baseline 

volume shall be subject to the requirement that lifecycle greenhouse gas 

emissions be at least 20 percent less than baseline lifecycle greenhouse gas 

emissions. 

(f) If there are any changes in the mix of renewable fuels produced by those facilities 

described in paragraph (d) of this section, only the ethanol volume (to the extent it 

is less than or equal to baseline volume) will not be subject to the requirement that 

lifecycle greenhouse gas emissions be at least 20 percent less than baseline 

lifecycle greenhouse gas emissions. Any party that changes the fuel mix must 

update their registration as specified in §80.1450(d). 

§ 80.1404 [Reserved]
 804

§ 80.1405 What are the Renewable Fuel Standards? 

(a) Renewable Fuel Standards for 2010.

(1) The value of the cellulosic biofuel standard for 2010 shall be 0.004 percent. 

(2) The value of the biomass-based diesel standard for 2010 shall be 1.10 percent. 

(3) The value of the advanced biofuel standard for 2010 shall be 0.61 percent. 

(4) The value of the renewable fuel standard for 2010 shall be 8.25 percent. 

(b) Beginning with the 2011 compliance period, EPA will calculate the value of the 

annual standards and publish these values in the Federal Register by November 30 

of the year preceding the compliance period. 

(c) EPA will calculate the annual renewable fuel percentage standards using the 

following equations: 

Gi − RGi + GSi − RGSi − GEi + Di − RDi + DSi − RDSi − DEi

= ( ) ( ) ( ) ( )

RFV Std 100* CB, i

CB, i

Gi − RGi + GSi − RGSi − GEi + Di − RDi + DSi − RDSi − DEi

× = ( ) ( ) ( ) ( )RFV 1.5 Std 100* BBD, i 

BBD, i

Gi − RGi + GSi − RGSi − GEi + Di − RDi + DSi − RDSi − DEi

= ( ) ( ) ( ) ( )

RFV Std 100* AB, i

AB, i

Gi − RGi + GSi − RGSi − GEi + Di − RDi + DSi − RDSi − DEi

= ( ) ( ) ( ) ( )

RFV Std 100 * RF, i

RF, i

Where: 

StdCB,i = The cellulosic biofuel standard for year i, in percent. 

StdBBD,i = The biomass-based diesel standard for year i, in percent. 
 805

StdAB,i = The advanced biofuel standard for year i, in percent. 

StdRF,i = The renewable fuel standard for year i, in percent. 

RFVCB,i = Annual volume of cellulosic biofuel required by section 211(o)(2)(B) of 

the Clean Air Act for year i, in gallons. 

RFVBBD,i = Annual volume of biomass-based diesel required by section 211(o)(2)(B) 

of the Clean Air Act for year i, in gallons. 

RFVAB,i = Annual volume of advanced biofuel required by section 211(o)(2)(B) of 

the Clean Air Act for year i, in gallons. 

RFVRF,i = Annual volume of renewable fuel required by section 211(o)(2)(B) of the 

Clean Air Act for year i, in gallons. 

Gi = Amount of gasoline projected to be used in the 48 contiguous states and 

Hawaii, in year i, in gallons. 

Di = Amount of diesel projected to be used in the 48 contiguous states and 

Hawaii, in year i, in gallons. 

RGi = Amount of renewable fuel blended into gasoline that is projected to be 

consumed in the 48 contiguous states and Hawaii, in year i, in gallons. 

RDi = Amount of renewable fuel blended into diesel that is projected to be 

consumed in the 48 contiguous states and Hawaii, in year i, in gallons. 

GSi = Amount of gasoline projected to be used in Alaska or a U.S. territory, in 

year i, if the state or territory has opted-in or opts-in, in gallons. 

RGSi = Amount of renewable fuel blended into gasoline that is projected to be 

consumed in Alaska or a U.S. territory, in year i, if the state or territory 

opts-in, in gallons. 
 806

DSi = Amount of diesel projected to be used in Alaska or a U.S. territory, in year 

i, if the state or territory has opted-in or opts-in, in gallons. 

RDSi = Amount of renewable fuel blended into diesel that is projected to be 

consumed in Alaska or a U.S. territory, in year i, if the state or territory 

opts-in, in gallons. 

GEi = The amount of gasoline projected to be produced by exempt small 

refineries and small refiners, in year i, in gallons in any year they are 

exempt per §§80.1441 and 80.1442, respectively. Assumed to equal 

0.119*(Gi-RGi). 

DEi = The amount of diesel fuel projected to be produced by exempt small 

refineries and small refiners in year i, in gallons, in any year they are 

exempt per §§80.1441 and 80.1442, respectively. Assumed to equal 

0.152*(Di-RDi). 

(d) The 2010 price for cellulosic biofuel waiver credits is $1.56 per waiver credit. 

§ 80.1406 Who is an obligated party under the RFS program?

(a)(1) An obligated party is any refiner that produces gasoline or diesel fuel within the 

48 contiguous states or Hawaii, or any importer that imports gasoline or diesel 

fuel into the 48 contiguous states or Hawaii during a compliance period. A party 

that simply blends renewable fuel into gasoline or diesel fuel, as defined in 

§80.1407(c) or (e), is not an obligated party. 
 807

(2) If the Administrator approves a petition of Alaska or a United States territory to 

opt-in to the renewable fuel program under the provisions in §80.1443, then 

"obligated party" shall also include any refiner that produces gasoline or diesel 

fuel within that state or territory, or any importer that imports gasoline or diesel 

fuel into that state or territory. 

(b) For each compliance period starting with 2010, an obligated party is required to 

demonstrate, pursuant to §80.1427, that it has satisfied the Renewable Volume 

Obligations for that compliance period, as specified in §80.1407(a). 

(c) Aggregation of facilities.

(1) Except as provided in paragraph (c)(2) of this section, an obligated party may 

comply with the requirements of paragraph (b) of this section for all of its 

refineries in the aggregate, or for each refinery individually. 

(2) An obligated party that carries a deficit into year i+1 must use the same approach 

to aggregation of facilities in year i+1 as it did in year i. 

(d) An obligated party must comply with the requirements of paragraph (b) of this 

section for all of its imported gasoline or diesel fuel in the aggregate. 

(e) An obligated party that is both a refiner and importer must comply with the 

requirements of paragraph (b) of this section for its imported gasoline or diesel 
 808

fuel separately from gasoline or diesel fuel produced by its domestic refinery or 

refineries. 

(f) Where a refinery or import facility is jointly owned by two or more parties, the 

requirements of paragraph (b) of this section may be met by one of the joint 

owners for all of the gasoline or diesel fuel produced/imported at the facility, or 

each party may meet the requirements of paragraph (b) of this section for the 

portion of the gasoline or diesel fuel that it produces or imports, as long as all of 

the gasoline or diesel fuel produced/imported at the facility is accounted for in 

determining the Renewable Volume Obligations under §80.1407. 

(g) The requirements in paragraph (b) of this section apply to the following 

compliance periods: Beginning in 2010, and every year thereafter, the compliance 

period is January 1 through December 31. 

§ 80.1407 How are the Renewable Volume Obligations calculated?

(a) The Renewable Volume Obligations for an obligated party are determined 

according to the following formulas: 

(1) Cellulosic biofuel.

RVOCB,i = (RFStdCB,i * (GVi + DVi)) + DCB,i-1

Where: 

RVOCB,i = The Renewable Volume Obligation for cellulosic biofuel for an obligated 

party for calendar year i, in gallons. 
 809

RFStdCB,i = The standard for cellulosic biofuel for calendar year i, determined by EPA 

pursuant to §80.1405, in percent. 

GVi = The non-renewable gasoline volume, determined in accordance with paragraphs (b), 

(c), and (f) of this section, which is produced in or imported into the 48 contiguous 

states or Hawaii by an obligated party in calendar year i, in gallons. 

DVi = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), 

and (f) of this section, produced in or imported into the 48 contiguous states or 

Hawaii by an obligated party in calendar year i, in gallons. 

DCB,i-1 = Deficit carryover from the previous year for cellulosic biofuel, in gallons. 

(2) Biomass-based diesel.

RVOBBD,i = (RFStdBBD,i * (GVi + DVi)) + DBBD,i-1

Where: 

RVOBBD,i = The Renewable Volume Obligation for biomass-based diesel for an obligated 

party for calendar year i, in gallons. 

RFStdBBD,i = The standard for biomass-based diesel for calendar year i, determined by EPA 

pursuant to §80.1405, in percent. 

GVi = The non-renewable gasoline volume, determined in accordance with paragraphs (b), 

(c), and (f) of this section, which is produced in or imported into the 48 contiguous 

states or Hawaii by an obligated party in calendar year i, in gallons. 

DVi = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), 

and (f) of this section, produced in or imported into the 48 contiguous states or 

Hawaii by an obligated party in calendar year i, in gallons. 
 810

DBBD,i-1 = Deficit carryover from the previous year for biomass-based diesel, in 

gallons. 

(3) Advanced biofuel.

RVOAB,i = (RFStdAB,i * (GVi + DVi)) + DAB,i-1

Where: 

RVOAB,i = The Renewable Volume Obligation for advanced biofuel for an obligated 

party for calendar year i, in gallons. 

RFStdAB,i = The standard for advanced biofuel for calendar year i, determined by EPA 

pursuant to §80.1405, in percent. 

GVi = The non-renewable gasoline volume, determined in accordance with paragraphs (b), 

(c), and (f) of this section, which is produced in or imported into the 48 contiguous 

states or Hawaii by an obligated party in calendar year i, in gallons. 

DVi = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), 

and (f) of this section, produced in or imported into the 48 contiguous states or 

Hawaii by an obligated party in calendar year i, in gallons. 

DAB,i-1 = Deficit carryover from the previous year for advanced biofuel, in gallons. 

(4) Renewable fuel.

RVORF,i = (RFStdRF,i * (GVi + DVi)) + DRF,i-1

Where: 

RVORF,i = The Renewable Volume Obligation for renewable fuel for an obligated party 

for calendar year i, in gallons. 

RFStdRF,i = The standard for renewable fuel for calendar year i, determined by EPA 

pursuant to §80.1405, in percent. 
 811

GVi = The non-renewable gasoline volume, determined in accordance with paragraphs (b), 

(c), and (f) of this section, which is produced in or imported into the 48 contiguous 

states or Hawaii by an obligated party in calendar year i, in gallons. 

DVi = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), 

and (f) of this section, produced in or imported into the 48 contiguous states or 

Hawaii by an obligated party in calendar year i, in gallons. 

DRF,i-1 = Deficit carryover from the previous year for renewable fuel, in gallons. 

(b) The non-renewable gasoline volume, GVi, for an obligated party for a given year 

as specified in paragraph (a) of this section is calculated as follows: 

∑ ∑ = =

= −

m

y

y

n

x

GVi Gx RBG

1 1

 

Where: 

x = Individual batch of gasoline produced or imported in calendar year i. 

n = Total number of batches of gasoline produced or imported in calendar year i. 

Gx = Volume of batch x of gasoline produced or imported, as defined in paragraph (c) 

of this section, in gallons. 

y = Individual batch of renewable fuel blended into gasoline in calendar year i. 

m = Total number of batches of renewable fuel blended into gasoline in calendar year 

i. 

RBGy = Volume of batch y of renewable fuel blended into gasoline, in gallons. 

(c) Except as specified in paragraph (f) of this section, all of the following products 

that are produced or imported during a compliance period, collectively called 

“gasoline” for the purposes of this section (unless otherwise specified), are to be 

included (but not double-counted) in the volume used to calculate a party’s 
 812

Renewable Volume Obligations under paragraph (a) of this section, except as 

provided in paragraph (f) of this section: 

(1) Reformulated gasoline, whether or not renewable fuel is later added to it. 

(2) Conventional gasoline, whether or not renewable fuel is later added to it. 

(3) Reformulated gasoline blendstock that becomes finished reformulated gasoline 

upon the addition of oxygenate (RBOB). 

(4) Conventional gasoline blendstock that becomes finished conventional gasoline 

upon the addition of oxygenate (CBOB). 

(5) Blendstock (including butane and gasoline treated as blendstock (GTAB)) that has 

been combined with other blendstock and/or finished gasoline to produce 

gasoline. 

(6) Any gasoline, or any unfinished gasoline that becomes finished gasoline upon the 

addition of oxygenate, that is produced or imported to comply with a state or local 

fuels program. 

(d) The diesel non-renewable volume, DVi, for an obligated party for a given year as 

specified in paragraph (a) of this section is calculated as follows: 

∑ ∑ = =

= −

m

y

y

n

x

DVi Dx RBD

1 1

 

Where: 

x = Individual batch of diesel produced or imported in calendar year i. 

n = Total number of batches of diesel produced or imported in calendar year i. 

Dx = Volume of batch x of diesel produced or imported, as defined in paragraph (e) of 

this section, in gallons. 
 813

y = Individual batch of renewable fuel blended into diesel in calendar year i. 

m = Total number of batches of renewable fuel blended into diesel in calendar year i. 

RBDy = Volume of batch y of renewable fuel blended into diesel, in gallons. 

(e) Except as specified in paragraph (f) of this section, all products meeting the 

definition of MVNRLM diesel fuel at §80.2(qqq) that are produced or imported 

during a compliance period, collectively called “diesel fuel” for the purposes of 

this section (unless otherwise specified), are to be included (but not doublecounted) in the volume used to calculate a party’s Renewable Volume Obligations 

under paragraph (a) of this section. 

(f) The following products are not included in the volume of gasoline or diesel fuel 

produced or imported used to calculate a party’s Renewable Volume Obligations 

according to paragraph (a) of this section: 

(1) Any renewable fuel as defined in §80.1401. 

(2) Blendstock that has not been combined with other blendstock, finished gasoline, 

or diesel to produce gasoline or diesel. 

(3) Gasoline or diesel fuel produced or imported for use in Alaska, the 

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Marianas, unless the area has opted into 

the RFS program under §80.1443. 

(4) Gasoline or diesel fuel produced by a small refinery that has an exemption under 

§80.1441 or an approved small refiner that has an exemption under §80.1442. 

(5) Gasoline or diesel fuel exported for use outside the 48 United States and Hawaii, 

and gasoline or diesel fuel exported for use outside Alaska, the Commonwealth of 
 814

Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the 

Commonwealth of the Northern Marianas, if the area has opted into the RFS 

program under §80.1443. 

(6) For blenders, the volume of finished gasoline, finished diesel fuel, RBOB, or 

CBOB to which a blender adds blendstocks. 

(7) The gasoline or diesel fuel portion of transmix produced by a transmix processor, 

or the transmix blended into gasoline or diesel fuel by a transmix blender, under 

§80.84. 

(8) Any gasoline or diesel fuel that is not transportation fuel. 

§§ 80.1408-80.1414 [Reserved] 

§ 80.1415 How are equivalence values assigned to renewable fuel? 

(a)(1) Each gallon of a renewable fuel, or gallon equivalent pursuant to paragraph (c) 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 gallonRINs can be generated for a batch 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 (mono-alkyl ester) 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 
 815

shall have an equivalence value of 1.7. 

(5) A gallon of renewable fuel represents 77,000 Btu (lower heating value) of biogas, 

and biogas shall have an equivalence value of 1.0. 

(6) A gallon of renewable fuel represents 22.6 kW-hr of electricity, and electricity 

shall have an equivalence value of 1.0. 

(7) For all other renewable fuels, a producer or importer shall submit an application 

to the Agency 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) 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: 

EV = (R / 0.972) * (EC / 77,000) 

 Where: 

EV = 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 a renewable source, expressed as a percent, 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 
 816

includes a description of the renewable fuel, feedstock(s) used to make it, and the 

production process. 

(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 one of the following 

addresses: 

(i) For US Mail: U.S. EPA, Attn: RFS2 Program Equivalence Value Application, 

6406J, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. 

(ii) For overnight or courier services: U.S. EPA, Attn: RFS2 Program Equivalence 

Value Application, 6406J, 1310 L Street, NW, 6th floor, Washington, DC 20005. 

(202) 343-9038. 

(5) All applications required under this section shall be submitted on forms and 

following procedures prescribed by the Administrator. 

§ 80.1416 Petition process for evaluation of new renewable fuels pathways. 

(a)(1) A party may petition EPA to assign a D code for a new renewable fuel pathway 

that has not been evaluated by EPA to determine if it qualifies for a D code as 

defined in §80.1426(f), pursuant to this section. A D code must be approved prior 

to the generation of RINs for the fuel in question. 

(2) For renewable fuel pathways that have been determined by EPA not to qualify for 

a D code as defined in §80.1426(f), parties who can document significant 

differences between the fuel production processes considered in this rule and their 
 817

fuel pathway production processes may petition EPA to use a D code pursuant to 

this section. 

(3) Parties may petition EPA to qualify their renewable fuel pathway for a different D 

code than the D code assigned to the fuel pathway as defined in §80.1426(f) if the 

parties can document significant differences between the fuel production 

processes considered in this rule and their fuel pathway production processes, 

pursuant to this section. 

(b)(1) Any petition under paragraph (a) of this section shall include all the following: 

(i) The information specified under §80.76. 

(ii) A technical justification that includes a description of the renewable fuel, 

feedstock(s) used to make it, and the production process. The justification must 

include process modeling flow charts. 

(iii) A mass balance for the pathway, including feedstocks, fuels produced, coproducts, and waste materials production. 

(iv) Information on co-products, including their expected use and market value. 

(v) An energy balance for the pathway, including a list of any energy and process 

heat inputs and outputs used in the pathway, including such sources produced off 

site or by another entity. 

(vi) Any other relevant information, including information pertaining to energy saving 

technologies or other process improvements. 

(vii) The Administrator may ask for additional information to complete the lifecycle 

greenhouse gas assessment of the new fuel or pathway. 
 818

(2) For those companies who use a feedstock not previously evaluated by EPA under 

this subpart, the petition must include all the following in addition to the 

requirements in paragraph (b)(1) of this section: 

(i) Type of feedstock and description of how it meets the definition of renewable 

biomass. 

(ii) Market value of the feedstock. 

(iii) List of other uses for the feedstock. 

(iv) List of chemical inputs needed to produce the renewable biomass source of the 

feedstock and prepare the renewable biomass for processing into feedstock. 

(v) Identify energy needed to obtain the feedstock and deliver it to the facility. If 

applicable, identify energy needed to plant and harvest the renewable biomass 

source of the feedstock and modify the source to create the feedstock. 

(vi) Current and projected yields of the feedstock that will be used to produce the 

fuels. 

(vii) The Administrator may ask for additional information to complete the lifecycle 

Greenhouse Gas assessment of the new fuel or pathway. 

(c)(1) A company may only submit one petition per pathway. If EPA determines the 

petition to be incomplete, then the company may resubmit. 

(2) The petition must be signed and certified as meeting all the applicable 

requirements of this subpart by the responsible corporate officer of the applicant 

organization. 
 819

(3) If EPA determines that the petition is incomplete then EPA will notify the 

applicant in writing that the petition is incomplete and will not be reviewed 

further. However, an amended petition that corrects the omission may be resubmitted for EPA review. 

(4) If the fuel or pathway described in the petition does not meet the definitions in 

§80.1401 of renewable fuel, advanced biofuel, cellulosic biofuel, or biomassbased diesel, then EPA will notify the applicant in writing that the petition is 

denied and will not be reviewed further. 

(d) The petition under this section shall be submitted on forms and following 

procedures as prescribed by EPA. 

§§ 80.1417-80.1424 [Reserved] 

§ 80.1425 Renewable Identification Numbers (RINs). 

Each RIN is a 38-character numeric code of the following form: 

KYYYYCCCCFFFFFBBBBBRRDSSSSSSSSEEEEEEEE 

(a) K is a number identifying the type of RIN as follows: 

(1) K has the value of 1 when the RIN is assigned to a volume of renewable fuel 

pursuant to §§ 80.1426(e) and 80.1428(a). 

(2) K has the value of 2 when the RIN has been separated from a volume of 

renewable fuel pursuant to §80.1429. 

(b) YYYY is the calendar year in which the RIN was generated. 
 820

(c) CCCC is the registration number assigned, according to §80.1450, to the producer 

or importer of the batch of renewable fuel. 

(d) FFFFF is the registration number assigned, according to §80.1450, to the facility 

at which the batch of renewable fuel was produced or imported. 

(e) BBBBB is a serial number assigned to the batch which is chosen by the producer 

or importer of the batch such that no two batches have the same value in a given 

calendar year. 

(f) RR is a number representing 10 times the equivalence value of the renewable fuel 

as specified in §80.1415. 

(g) D is a number determined according to §80.1426(f) and identifying the type of 

renewable fuel, as follows: 

(1) D has the value of 3 to denote fuel categorized as cellulosic biofuel. 

(2) D has the value of 4 to denote fuel categorized as biomass-based diesel. 

(3) D has the value of 5 to denote fuel categorized as advanced biofuel. 

(4) D has the value of 6 to denote fuel categorized as renewable fuel. 

(5) D has the value of 7 to denote fuel categorized as cellulosic diesel. 

(h) SSSSSSSS is a number representing the first gallon-RIN associated with a batch 

of renewable fuel. 
 821

(i) EEEEEEEE is a number representing the last gallon-RIN associated with a batch 

of renewable fuel. EEEEEEEE will be identical to SSSSSSSS if the batch-RIN 

represents a single gallon-RIN. Assign the value of EEEEEEEE as described in 

§80.1426. 

§ 80.1426 How are RINs generated and assigned to batches of renewable fuel by 

renewable fuel producers or importers? 

(a) General requirements. 

(1) To the extent permitted under paragraphs (b) and (c) of this section, producers and 

importers of renewable fuel must generate RINs to represent that fuel if the fuel: 

(i) Qualifies for a D code pursuant to §80.1426(f), or EPA has approved a petition 

for use of a D code pursuant to §80.1416; and 

(ii) Is demonstrated to be produced from renewable biomass pursuant to the reporting 

requirements of §80.1451 and the recordkeeping requirements of §80.1454. 

(A) Feedstocks meeting the requirements of renewable biomass through the aggregate 

compliance provision at §80.1454(g) are deemed to be renewable biomass. 

(B) [Reserved] 

(2) To generate RINs for imported renewable fuel, including any renewable fuel 

contained in imported transportation fuel, importers must obtain information from 

a foreign producer that is registered pursuant to §80.1450 sufficient to make the 

appropriate determination regarding the applicable D code and compliance with 
 822

the renewable biomass definition for each imported batch for which RINs are 

generated. 

(3) A party generating a RIN shall specify the appropriate numerical values for each 

component of the RIN in accordance with the provisions of §80.1425(a) and 

paragraph (f) of this section. 

(b) Regional applicability.

(1) Except as provided in paragraph (c) of this section, a RIN must be generated by a 

renewable fuel producer or importer for a batch of renewable fuel that satisfies the 

requirements of paragraph (a)(1) of this section if it is produced or imported for 

use as transportation fuel, heating oil, or jet fuel in the 48 contiguous states or 

Hawaii. 

(2) If the Administrator approves a petition of Alaska or a United States territory to 

opt-in to the renewable fuel program under the provisions in §80.1443, then the 

requirements of paragraph (b)(1) of this section shall also apply to renewable fuel 

produced or imported for use as transportation fuel, heating oil, or jet fuel in that 

state or territory beginning in the next calendar year. 

(c) Cases in which RINs are not generated. 

(1) Fuel producers and importers may not generate RINs for fuel that is not 

designated or intended for use as transportation fuel, heating oil, or jet fuel. 

(2) Small producer/importer threshold. Pursuant to §80.1455(a) and (b), renewable 

fuel producers that produce less than 10,000 gallons a year of renewable fuel, and 
 823

importers that import less than 10,000 gallons a year of renewable fuel, are not 

required to generate and assign RINs to batches of renewable fuel that that satisfy 

the requirements of paragraph (a)(1) of this section that they produce or import. 

(3) Temporary new producer threshold. Pursuant to §80.1455(c) and (d), renewable 

fuel producers that produce less than 125,000 gallons a year of renewable fuel are 

not required to generate and assign RINs to batches of renewable fuel that satisfy 

the requirements of paragraph (a)(1) of this section and that are produced from a 

new facility, for a maximum of three years beginning with the calendar year in 

which the production facility produces its first gallon of renewable fuel. 

(4) Importers shall not generate RINs for fuel imported from a foreign producer that 

is not registered with EPA as required in §80.1450. 

(5) Importers shall not generate RINs for renewable fuel that has already been 

assigned RINs by a registered foreign producer. 

(6) A party is prohibited from generating RINs for a volume of fuel that it produces 

if: 

(i) The fuel does not meet the requirements of paragraph (a)(1) of this section; or 

(ii) The fuel has been produced from a chemical conversion process that uses another 

renewable fuel as a feedstock, the renewable fuel used as a feedstock was 

produced by another party, and RINs with a K code of 1 were received with the 

renewable fuel. 

(A) Parties who produce renewable fuel made from a feedstock which itself was a 

renewable fuel received with RINs, shall assign the original RINs to the new 

renewable fuel. 
 824

(B) [Reserved] 

(d)(1) Definition of batch. For the purposes of this section and §80.1425, a "batch of 

renewable fuel" is a volume of renewable fuel that has been assigned a unique 

identifier within a calendar year by the producer or importer of the renewable fuel 

in accordance with the provisions of this section and §80.1425. 

(i) The number of gallon-RINs generated for a batch of renewable fuel may not 

exceed 99,999,999. 

(ii) A batch of renewable fuel cannot represent renewable fuel produced or imported 

in excess of one calendar month. 

 (2) Multiple gallon-RINs generated to represent a given volume of renewable fuel 

can be represented by a single batch-RIN through the appropriate designation of 

the RIN volume codes SSSSSSSS and EEEEEEEE. 

(i) The value of SSSSSSSS in the batch-RIN shall be 00000001 to represent the first 

gallon-RIN associated with the volume of renewable fuel. 

(ii) The value of EEEEEEEE in the batch-RIN shall represent the last gallon-RIN 

associated with the volume of renewable fuel, based on the RIN volume 

determined pursuant to paragraph (f) of this section. 

(iii) Under §80.1452, RIN volumes will be managed by EMTS. RIN codes 

SSSSSSSS and EEEEEEEE do not have a role in EMTS. 

(e) Assignment of RINs to batches.
 825

(1) The producer or importer of renewable fuel must assign all RINs generated to 

volumes of renewable fuel. 

(2) A RIN is assigned to a volume of renewable fuel when ownership of the RIN is 

transferred along with the transfer of ownership of the volume of renewable fuel, 

pursuant to §80.1428(a). 

(3) All assigned RINs shall have a K code value of 1. 

(f) Generation of RINs. 

(1) Applicable pathways. D codes shall be used in RINs generated by producers or 

importers of renewable fuel according to the pathways listed in Table 1 to this 

section, or as approved by the Administrator. In choosing an appropriate D code, 

producers and importers may disregard any incidental, de minimis feedstock 

contaminants that are impractical to remove and are related to customary 

feedstock production and transport. 

Table 1 to §80.1426 

Applicable D Codes For Each Fuel Pathway for Use in Generating RINs 

Fuel Type Feedstock Production Process 

Requirements 

D-Code 

Ethanol Corn starch All of the following: 

Drymill process, 

using natural gas, 

biomass, or biogas for 

process energy and at 

least two advanced 

technologies from 

Table 2 to this 

section. 

6 
 826

Ethanol Corn starch All of the following: 

Dry mill process, 

using natural gas, 

biomass, or biogas for 

process energy and at 

least one of the 

advanced 

technologies from 

Table 2 to this section 

plus drying no more 

than 65% of the 

distillers grains with 

solubles it markets 

annually. 

6 

Ethanol Corn starch All of the following: 

Dry mill process, 

using natural gas, 

biomass, or biogas for 

process energy and 

drying no more than 

50% of the distillers 

grains with solubles it 

markets annually. 

6 

Ethanol Corn starch Wet mill process 

using biomass or 

biogas for process 

energy. 

6 

Ethanol Starches from 

agricultural residues 

and annual covercrops 

Fermentation using 

natural gas, biomass, 

or biogas for process 

energy 

6 

Biodiesel, and 

renewable diesel 

Soy bean oil; 

Oil from annual 

covercrops; 

Algal oil; 

Biogenic waste 

One of the following: 

Trans-Esterification 

Hydrotreating 

Excluding processes 

that co-process 

4 
 827

oils/fats/greases; 

Non-food grade corn 

oil 

renewable biomass 

and petroleum 

Biodiesel, and 

renewable diesel 

Soy bean oil; 

Oil from annual 

covercrops; 

Algal oil; 

Biogenic waste 

oils/fats/greases; 

Non-food grade corn 

oil 

One of the following: 

Trans-Esterification 

Hydrotreating 

Includes only 

processes that coprocess renewable 

biomass and 

petroleum 

5 

Ethanol Sugarcane Fermentation 5 

Ethanol Cellulosic Biomass 

from agricultural 

residues, slash, forest 

thinnings and forest 

product residues, 

annual covercrops; 

switchgrass, and 

miscanthus; cellulosic 

components of 

separated yard wastes; 

cellulosic components 

of separated food 

wastes; and cellulosic 

components of 

separated MSW 

Any 3 

Cellulosic 

Diesel, Jet Fuel 

and Heating Oil 

Cellulosic Biomass 

from agricultural 

residues, slash, forest 

thinnings and forest 

product residues, 

annual covercrops, 

switchgrass, and 

miscanthus; cellulosic 

Any 7 
 828

components of 

separated yard wastes; 

cellulosic components 

of separated food 

wastes; and cellulosic 

components of 

separated MSW 

 Butanol Corn starch Fermentation; dry 

mill using natural gas, 

biomass, or biogas for 

process energy 

6 

Cellulosic 

Naphtha 

Cellulosic Biomass 

from agricultural 

residues, slash, forest 

thinnings and forest 

product residues, 

annual covercrops, 

switchgrass, and 

miscanthus; cellulosic 

components of 

separated yard wastes; 

cellulosic components 

of separated food 

wastes; and cellulosic 

components of 

separated MSW 

Fischer-Tropsch 

process 

3 

Ethanol, 

renewable 

diesel, jet fuel, 

heating oil, and 

naphtha 

The non-cellulosic 

portions of separated 

food wastes 

Any 5 

Biogas Landfills, sewage and 

waste treatment 

plants, manure 

digesters 

Any 5 
 829

Table 2 to §80.1426 

Advanced Technologies 

Corn oil fractionation 

Corn oil extraction 

Membrane separation 

Raw starch hydrolysis 

Combined heat and power 

(2) Renewable fuel that can be described by a single pathway. 

(i) The number of gallon-RINs that shall be generated for a batch of renewable fuel 

by a producer or importer for renewable fuel that can be described by a single 

pathway shall be equal to a volume calculated according to the following formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(ii) The D code that shall be used in the RINs generated shall be the D code specified 

in Table 1 to this section, or a D code as approved by the Administrator, which 

corresponds to the pathway that describes the producer's operations. 

(3) Renewable fuel that can be described by two or more pathways. 

(i) The D codes that shall be used in the RINs generated by a producer or importer 

whose renewable fuel can be described by two or more pathways shall be the D 

codes specified in Table 1 to this section, or D codes as approved by the 
 830

Administrator, which correspond to the pathways that describe the renewable fuel 

throughout that calendar year. 

(ii) If all the pathways describing the producer's operations have the same D code and 

each batch is of a single fuel type, then that D code shall be used in all the RINs 

generated and the number of gallon-RINs that shall be generated for a batch of 

renewable fuel shall be equal to a volume calculated according to the following 

formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(iii) If all the pathways describing the producer's operations have the same D code but 

individual batches are comprised of a mixture of fuel types with different 

equivalence values, then that D code shall be used in all the RINs generated and 

the number of gallon-RINs that shall be generated for a batch of renewable fuel 

shall be equal to a volume calculated according to the following formula: 

VRIN = ∑(EVi * Vs,i) 

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 
 831

EVi = Equivalence value for fuel type i in the batch of renewable fuel per §80.1415. 

Vs,i = Standardized volume of fuel type i in the batch of renewable fuel at 60 oF, in 

gallons, calculated in accordance with paragraph (f)(8) of this section. 

(iv) If the pathway applicable to a producer changes on a specific date, such that one 

pathway applies before the date and another pathway applies on and after the date, 

and each batch is of a single fuel type, then the applicable D code and batch 

identifier used in generating RINs must change on the date that the change in 

pathway occurs and the number of gallon-RINs that shall be generated for a batch 

of renewable fuel shall be equal to a volume calculated according to the following 

formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for a batch with a single applicable D code. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 o

F, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(v) If a producer produces batches that are comprised of a mixture of fuel types with 

different equivalence values and different applicable D codes, then separate 

values for VRIN shall be calculated for each category of renewable fuel according 

to formulas in Table 3 to this section. All batch-RINs thus generated shall be 

assigned to unique batch identifiers for each portion of the batch with a different 

D code. 
 832

Table 3 to §80.1426 

Number of gallon-RINs to assign to batch-RINs with D codes dependent on fuel type 

D code to use in batch-RIN Number of gallon-RINs 

D = 3 VRIN , CB = EVCB ∗Vs, CB

D = 4 VRIN , BBD = EVBBD ∗Vs, BBD

D = 5 VRIN, AB = EVAB ∗Vs, AB

D = 6 VRIN, RF = EVRF ∗Vs, RF

D = 7 VRIN, CD = EVCD ∗Vs, CD

Where: 

VRIN,CB = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for the cellulosic biofuel portion of the batch with a 

D code of 3. 

VRIN,BBD = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for the biomass-based diesel portion of the batch 

with a D code of 4. 

VRIN,AB = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for the advanced biofuel potion of the batch with a 

D code of 5. 

VRIN,RF = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for the renewable fuel potion of the batch with a D 

code of 6. 

VRIN,CD = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for the cellulosic diesel portion of the batch with a 

D code of 7. 
 833

EVCB = Equivalence value for the cellulosic biofuel portion of the batch per 

§80.1415. 

EVBBD = Equivalence value for the biomass-based diesel portion of the batch per 

§80.1415. 

EVAB = Equivalence value for the advanced biofuel portion of the batch per 

§80.1415. 

EVRF = Equivalence value for the renewable fuel portion of the batch per 

§80.1415. 

EVCD = Equivalence value for the cellulosic diesel portion of the batch per 

§80.1415. 

Vs,CB = Standardized volume at 60 oF of the portion of the batch that must be assigned a D 

code of 3, in gallons, calculated in accordance with paragraph (f)(8) of this 

section. 

Vs,BBD = Standardized volume at 60 oF of the portion of the batch that must be 

assigned a D code of 4, in gallons, calculated in accordance with paragraph (f)(8) 

of this section. 

Vs,AB = Standardized volume at 60 oF of the portion of the batch that must be assigned a D 

code of 5, in gallons, calculated in accordance with paragraph (f)(8) of this 

section. 

Vs,RF = Standardized volume at 60 o

F of the portion of the batch that must be assigned a D 

code of 6, in gallons, calculated in accordance with paragraph (f)(8) of this 

section. 
 834

Vs,CD = Standardized volume at 60 o

F of the portion of the batch that must be assigned a D 

code of 7, in gallons, calculated in accordance with paragraph (f)(8) of this 

section. 

(vi) If a producer produces a single type of renewable fuel using two or more different 

feedstocks which are processed simultaneously, and each batch is comprised of a 

single type of fuel, then the number of gallon-RINs that shall be generated for a 

batch of renewable fuel and assigned a particular D code shall be determined 

according to the formulas in Table 4 to this section. 

Table 4 to §80.1426 

Number of gallon-RINs to assign to batch-RINs with D codes dependent on feedstock 

D code to use in batch-RIN Number of gallon-RINs 

D = 3 ⎟

⎠

⎞ ⎜

⎝

⎛

+ + + + = ∗ ∗

3 4 5 6 7

3

,

FE FE FE FE FE

FE VRIN CB EV Vs

D = 4 ⎟

⎠

⎞ ⎜

⎝

⎛

+ + + + = ∗ ∗

3 4 5 6 7

4

,

FE FE FE FE FE

FE VRIN BBD EV Vs

D = 5 ⎟

⎠

⎞ ⎜

⎝

⎛

+ + + + = ∗ ∗

3 4 5 6 7

5

,

FE FE FE FE FE

FE VRIN AB EV Vs

D = 6 ⎟

⎠

⎞ ⎜

⎝

⎛

+ + + + = ∗ ∗

3 4 5 6 7

6

,

FE FE FE FE FE

FE VRIN RF EV Vs

D = 7 ⎟

⎠

⎞ ⎜

⎝

⎛

+ + + + = ∗ ∗

3 4 5 6 7

7

,

FE FE FE FE FE

FE VRIN CD EV Vs

Where: 

VRIN,CB = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for a batch of cellulosic biofuel with a D code of 3. 

VRIN,BBD = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for a batch of biomass-based diesel with a D code 

of 4. 
 835

VRIN,AB = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for a batch of advanced biofuel with a D code of 5. 

VRIN,RF = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for a batch of renewable fuel with a D code of 6. 

VRIN,CD = RIN volume, in gallons, for use in determining the number of gallon-RINs 

that shall be generated for a batch of cellulosic diesel with a D code of 7. 

EV = Equivalence value for the renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

FE3 = Feedstock energy from all feedstocks whose pathways have been assigned a D 

code of 3 under Table 1 to this section, or a D code of 3 as approved by the 

Administrator, in Btu. 

FE4 = Feedstock energy from all feedstocks whose pathways have been assigned a D 

code of 4 under Table 1 to this section, or a D code of 4 as approved by the 

Administrator, in Btu. 

FE5 = Feedstock energy from all feedstocks whose pathways have been assigned a D 

code of 5 under Table 1 to this section, or a D code of 5 as approved by the 

Administrator, in Btu. 

FE6 = Feedstock energy from all feedstocks whose pathways have been assigned a D 

code of 6 under Table 1 to this section, or a D code of 6 as approved by the 

Administrator, in Btu. 
 836

FE7 = Feedstock energy from all feedstocks whose pathways have been assigned a D 

code of 7 under Table 1 to this section, or a D code of 7 as approved by the 

Administrator, in Btu. 

Feedstock energy values, FE, shall be calculated according to the following formula: 

FE = M * (1 - m) * CF * E 

Where: 

FE = Feedstock energy, in Btu. 

M = Mass of feedstock, in pounds, measured on a daily or per-batch basis. 

m = Average moisture content of the feedstock, in mass percent. 

CF = Converted Fraction in annual average mass percent, representing that portion of 

the feedstock that is converted into renewable fuel by the producer. 

E = Energy content of the components of the feedstock that are converted to 

renewable fuel, in annual average Btu/lb, determined according to paragraph 

(f)(7) of this section. 

(4) Renewable fuel that is produced by co-processing renewable biomass and nonrenewable feedstocks simultaneously to produce a transportation fuel that is 

partially renewable. 

(i) The number of gallon-RINs that shall be generated for a batch of partially 

renewable transportation fuel shall be equal to a volume VRIN calculated 

according to Method A or Method B. 

(A) Method A. 

(1) VRIN shall be calculated according to the following formula: 
 837

VRIN = EV * Vs * FER / (FER + FENR) 

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

FER = Feedstock energy from renewable biomass used to make the transportation fuel, in 

Btu. 

FENR = Feedstock energy from non-renewable feedstocks used to make the transportation 

fuel, in Btu. 

(2) The value of FE for use in paragraph (f)(4)(i)(A)(1) of this section shall be 

calculated from the following formula: 

FE = M * (1 - m) * CF * E 

Where: 

FE = Feedstock energy, in Btu. 

M = Mass of feedstock, in pounds, measured on a daily or per-batch basis. 

m = Average moisture content of the feedstock, in mass percent. 

CF = Converted Fraction in annual average mass percent, representing that portion of 

the feedstock that is converted into transportation fuel by the producer. 

E = Energy content of the components of the feedstock that are converted to fuel, in 

annual average Btu/lb, determined according to paragraph (f)(7) of this section. 
 838

(B) Method B. VRIN shall be calculated according to the following formula: 

VRIN = EV * Vs * R 

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

R = The renewable fraction of the fuel as measured by a carbon-14 dating test method 

as provided in paragraph (f)(9) of this section. 

(ii) The D code that shall be used in the RINs generated to represent partially 

renewable transportation fuel shall be the D code specified in Table 1 to this 

section, or a D code as approved by the Administrator, which corresponds to the 

pathway that describes a producer's operations. In determining the appropriate 

pathway, the contribution of fossil fuel feedstocks to the production of partially 

renewable fuel shall be ignored. 

(5) Renewable fuel produced from separated yard and food waste.

(i) Separated yard waste and food waste means, for the purposes of this section, 

waste that is one of the following: 

(A) Separated yard wastes, which are feedstock streams consisting of yard waste kept 

separate since generation from other waste materials. Separated yard wastes are 

deemed to be composed entirely of cellulosic materials. 
 839

(B) Separated food wastes, which are feedstock streams consisting of food wastes 

kept separate since generation from other waste materials, and which include food 

and beverage production wastes and post-consumer food and beverage wastes. 

Separated food wastes are deemed to be composed entirely of non-cellulosic 

materials, unless a party demonstrates that a portion of the feedstock is cellulosic 

through approval of their facility registration. 

(C) Separated municipal solid waste (MSW), which is material remaining after 

separation actions have been taken to remove recyclable paper, cardboard, 

plastics, rubber, textiles, metals, and glass from municipal solid waste, and which 

is composed of both cellulosic and non-cellulosic materials. 

(ii)(A) A feedstock qualifies under paragraph (f)(5)(i)(A) or (f)(5)(i)(B) of this section 

only if it is collected according to a plan submitted to and approved by U.S. EPA 

under the registration procedures specified in §80.1450(b)(1)(vii). 

(B) A feedstock qualifies under paragraph (f)(5)(i)(C) of this section only if it is 

collected according to a plan submitted to and approved by U.S. EPA under the 

registration procedures specified in §80.1450(b)(1)(viii). 

(iii) Separation and recycling actions specified in paragraph (f)(5)(i)(C) of this section 

are considered to occur if: 

(A) Recyclable paper, cardboard, plastics, rubber, textiles, metals, and glass that can 

be recycled are separated and removed from the municipal solid waste stream to 

the extent reasonably practicable according to a plan submitted to and approved 

by U.S. EPA under the registration procedures specified in §80.1450(b)(1)(viii); 

and 
 840

(B) The fuel producer has evidence of all contractual arrangements for paper, 

cardboard, plastics, rubber, textiles, metals, and glass that are recycled. 

(iv)(A) The number of gallon-RINs that shall be generated for a batch of renewable fuel 

derived from separated yard waste as defined in paragraph (f)(5)(i)(A) of this 

section shall be equal to a volume VRIN and is calculated according to the 

following formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of cellulosic biofuel 

gallon-RINs that shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(B) The number of gallon-RINs that shall be generated for a batch of renewable fuel 

derived from separated food waste as defined in paragraph (f)(5)(i)(B) of this 

section shall be equal to a volume VRIN and is calculated according to the 

following formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of cellulosic or 

advanced biofuel gallon-RINs that shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 
 841

Vs = Standardized volume of the batch of renewable fuel at 60 o

F, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(v) The number of cellulosic biofuel gallon-RINs that shall be generated for the 

cellulosic portion of a batch of renewable fuel derived from separated MSW as 

defined in paragraph (f)(5)(i)(C) of this section shall be determined according to 

the following formula: 

VRIN = EV * Vs * R 

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of cellulosic biofuel 

gallon-RINs that shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

R = The calculated non-fossil fraction of the fuel as measured by a carbon-14 dating 

test method as provided in paragraph (f)(9) of this section. 

(vi) The D code that shall be used in the RINs generated to represent separated yard 

waste, food waste, and MSW shall be the D code specified in Table 1 to this 

section, or a D code as approved by the Administrator, which corresponds to the 

pathway that describes the producer's operations and feedstocks. 

(6) Renewable fuel neither covered by the pathways in Table 1 to this section, nor 

given an approval by the Administrator for use of a specific D code.
 842

 If none of the pathways described in Table 1 to this section apply to a producer's 

operations, and the producer has not received approval for the use of a specific D 

code by the Administrator, the party may generate RINs if the fuel from its 

facility is made from renewable biomass and qualifies for an exemption under 

§80.1403 from the requirement that renewable fuel achieve at least a 20 percent 

reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle 

greenhouse gas emissions. 

(i) The number of gallon-RINs that shall be generated for a batch of renewable fuel 

that qualifies for an exemption from the 20 percent GHG reduction requirements 

under §80.1403 shall be equal to a volume calculated according to the following 

formula: 

VRIN = EV * Vs

Where: 

VRIN = RIN volume, in gallons, for use in determining the number of gallon-RINs that 

shall be generated for the batch. 

EV = Equivalence value for the batch of renewable fuel per §80.1415. 

Vs = Standardized volume of the batch of renewable fuel at 60 oF, in gallons, 

calculated in accordance with paragraph (f)(8) of this section. 

(ii) A D code of 6 shall be used in the RINs generated under this paragraph (f)(6). 

(7) Determination of feedstock energy content factors. 

(i) For purposes of paragraphs (f)(3)(vi) and (f)(4)(i)(A)(2) of this section, producers 

must specify the value for E, the energy content of the components of the 
 843

feedstock that are converted to renewable fuel, used in the calculation of the 

feedstock energy value FE. 

(ii) The value for E shall represent the higher or gross calorific heating value for a 

feedstock on a zero moisture basis. 

(iii) Producers must specify the value for E for each type of feedstock at least once per 

calendar year. 

(iv) A producer must use default values for E as provided in paragraph (f)(7)(vi) of 

this section, or must determine alternative values for its own feedstocks according 

to paragraph (f)(7)(v) of this section. 

(v) Producers that do not use a default value for E must use the following test 

methods, or alternative test methods as approved by EPA, to determine the value 

of E. The value of E shall be based upon the test results of a sample of feedstock 

that, based upon good engineering judgment, is representative of the feedstocks 

used to produce renewable fuel: 

(A) ASTM E 870 or ASTM E 711 for gross calorific value (both incorporated by 

reference, see §80.1468). 

(B) ASTM D 4442 or ASTM D 4444 for moisture content (both incorporated by 

reference, see §80.1468). 

(vi) Default values for E. 

(A) Starch: 7600 Btu/lb. 

(B) Sugar: 7300 Btu/lb. 

(C) Vegetable oil: 17,000 Btu/lb. 

(D) Waste cooking oil or trap grease: 16,600 Btu/lb. 
 844

(E) Tallow or fat: 16,200 Btu/lb. 

(F) Manure: 6900 Btu/lb. 

(G) Woody biomass: 8400 Btu/lb. 

(H) Herbaceous biomass: 7300 Btu/lb. 

(I) Yard wastes: 2900 Btu/lb. 

(J) Biogas: 11,000 Btu/lb. 

(K) Food waste: 2000 Btu/lb. 

(L) Paper: 7200 Btu/lb. 

(M) Crude oil: 19,100 Btu/lb. 

(N) Coal - bituminous: 12,200 Btu/lb. 

(O) Coal - anthracite: 13,300 Btu/lb. 

(P) Coal - lignite or sub-bituminous: 7900 Btu/lb. 

(Q) Natural gas: 19,700 Btu/lb. 

(R) Tires or rubber: 16,000 Btu/lb. 

(S) Plastic: 19,000 Btu/lb. 

(8) Standardization of volumes. In determining the standardized volume of a batch of 

renewable fuel for purposes of generating RINs under this paragraph (f), the batch 

volumes shall be adjusted to a standard temperature of 60 o

F. 

(i) For ethanol, the following formula shall be used: 

Vs,e = Va,e * (-0.0006301 * T + 1.0378) 

Where: 

Vs,e = Standardized volume of ethanol at 60 o

F, in gallons. 

Va,e = Actual volume of ethanol, in gallons. 
 845

T = Actual temperature of the batch, in o

F. 

(ii) For biodiesel (mono-alkyl esters), one of the following two methods for biodiesel 

temperature standardization to 60 °Fahrenheit (°F ) shall be used: 

(A) Vs,b = Va.b * (-0.00045767 * T + 1.02746025) 

Where: 

V s,b = Standardized volume of biodiesel at 60 °F, in gallons. 

V a,b = Actual volume of biodiesel, in gallons. 

T = Actual temperature of the batch, in °F. 

(B) The standardized volume of biodiesel at 60 °F, in gallons, as calculated from the 

use of the American Petroleum Institute Refined Products Table 6B, as referenced 

in ASTM D 1250 (incorporated by reference, see §80.1468). 

(iii) For other renewable fuels, an appropriate formula commonly accepted by the 

industry shall be used to standardize the actual volume to 60 o

F. Formulas used 

must be reported to EPA, and may be determined to be inappropriate. 

(9) Use of radiocarbon dating test methods. 

(i) Parties may use a radiocarbon dating test method for determination of the 

renewable fraction of a fuel R used to determine VRIN as provided in paragraphs 

(f)(4) and (f)(5) of this section. 

(ii) Parties must use Method B or Method C of ASTM D 6866 (incorporated by 

reference, see § 80.1468), or an alternative test method as approved by EPA. 

(iii) For each batch of fuel, the value of R must be based on: 

(A) A radiocarbon dating test of the batch of fuel produced; or 
 846

(B) A radiocarbon dating test of a composite sample of previously produced fuel, if 

all of the following conditions are met: 

(1) Based upon good engineering judgment, the renewable fraction of the composite 

sample must be representative of the batch of fuel produced. 

(2) The composite sample is comprised of a volume weighted combination of 

samples from every batch of partially renewable transportation fuel produced by 

the party over a period not to exceed one calendar month, or more frequently if 

necessary to ensure that the test results are representative of the renewable 

fraction of the partially renewable fuel. 

(3) The composite sample must be well mixed prior to testing. 

(4) A volume of each composite sample must be retained for a minimum of two 

years, and be of sufficient volume to permit two additional tests to be conducted. 

(iv) If the party is using the composite sampling approach according to paragraph 

(f)(9)(iii)(B) of this section, the party may estimate the value of R for use in 

generating RINs in the first month if all of the following conditions are met: 

(A) The estimate of R for the first month is based on information on the composition 

of the feedstock; 

(B) The party calculates R in the second month based on the application of a 

radiocarbon dating test on a composite sample pursuant to (f)(9)(iii)(B) of this 

section; and 

(C) The party adjusts the value of R used to generate RINs in the second month using 

the following formula: 

Ri+1,adj = 2 × Ri+1,calc - Ri,est
 847

Where: 

Ri+1,adj = Adjusted value of R for use in generating RINs in month the second 

month i+1. 

Ri+1,calc = Calculated value of R in second month i+1 by applying a radiocarbon 

dating test method to a composite sample of fuel. 

Ri,est = Estimate of R for the first month i. 

(10)(i) For purposes of this section, electricity and biogas used as transportation fuel is 

considered renewable fuel and the producer may generate RINs if all of the 

following apply: 

(A) The fuel is produced from renewable biomass and qualifies for a D code in Table 

1 to this section or has received approval for use of a D code by the 

Administrator; 

(B) The renewable electricity, or biogas, is not placed in a commercial distribution 

system along with fuels derived from nonrenewable feedstocks; and 

(C) The fuel producer has entered into a written contract for the sale and use as 

transportation fuel of a specific quantity of electricity or biogas. 

(ii) Electricity that is generated by co-firing a combination of renewable biomass and 

fossil fuel may generate RINs only for the portion attributable to the renewable 

biomass portion, using the procedure described in paragraph (f)(4) of this section. 

(11)(i) For purposes of this section, electricity and biogas that is introduced into a 

commercial distribution system may be considered renewable fuel and may 

qualify for RINs if: 
 848

(A) The fuel is produced from renewable biomass and qualifies for a D code in Table 

1 of this section or has received approval for use of a D code by the 

Administrator; 

(B) The fuel producer has entered into a written contract for the sale of a specific 

quantity of fuel derived from renewable biomass sources with a party that uses 

fuel taken from a commercial distribution system for transportation purposes, and 

such fuel has been introduced into that commercial distribution system (e.g., 

pipeline, transmission line); and 

(C) The quantity of biogas or electricity for which RINs were generated was sold to 

the transportation fueling facility and to no other facility. 

(ii) Biogas that is introduced into a commercial distribution system may qualify for 

RINs only for the volume of biogas that has been gathered, processed, and 

injected into a common carrier pipeline: 

(A) The gas that is ultimately withdrawn from that pipeline for transportation 

purposes is withdrawn in a manner and at a time consistent with the transport of 

fuel between the injection and withdrawal points; and 

(B) The volume and heat content of biogas injected into the pipeline and the volume 

of gas used as transportation fuel are measured by continuous metering. 

(iii) The fuel used for transportation purposes is considered produced from renewable 

biomass only to the extent that: 

(A) The amount of fuel used at the transportation fueling facility matches the amount 

of fuel derived from renewable biomass that the producer contracted to have 

placed into the commercial distribution system; and 
 849

(B) No other party relied upon the contracted volume of biogas for the creation of 

RINs. 

(iv) Electricity that is generated by co-firing a combination of renewable biomass and 

fossil fuel may qualify for RINs only for the portion attributable to the renewable 

biomass, using the procedure described in paragraph (f)(4) of this section. 

(12)(i) For purposes of Table 1 to this section, process heat produced from combustion of 

gas at a renewable fuel facility is considered derived from biomass if the gas used 

for process heat is biogas, and is generated at the facility or directly transported to 

the facility and meets all of the following conditions: 

(A) The producer has entered into a written contract for the procurement of a specific 

volume of biogas with a specific heat content. 

(B) The volume of biogas was sold to the renewable fuel production facility, and to 

no other facility. 

(C) The volume of biogas has been gathered, processed and injected into a common 

carrier pipeline and the gas that is ultimately withdrawn from that pipeline is 

withdrawn in a manner and at a time consistent with the transport of fuel between 

the injection and withdrawal points. 

(D) The volume and heat content of biogas injected into the pipeline and the volume 

of gas used as process heat are measured by continuous metering. 

(E) The common carrier pipeline into which the biogas is placed ultimately serves the 

producer’s renewable fuel facility. 

(ii) The process heat produced from combustion of gas at a renewable fuel facility 

described in (f)(12)(i) of this section shall not be considered derived from biomass 
 850

if any other party relied upon the contracted volume of biogas for the creation of 

RINs. 

§ 80.1427 How are RINs used to demonstrate compliance? 

(a) Renewable Volume Obligations.

(1) Except as specified in paragraph (b) of this section or §80.1456, each party that is an 

obligated party under §80.1406 and is obligated to meet the Renewable Volume 

Obligations under §80.1407, or is an exporter of renewable fuels that is obligated to 

meet Renewable Volume Obligations under §80.1430, must demonstrate pursuant to 

§80.1451(a)(1) that it is retiring for compliance purposes a sufficient number of RINs 

to satisfy the following equations: 

(i) Cellulosic biofuel. 

(∑RINNUM)CB,i + (∑RINNUM)CB,i-1 = RVOCB,i

Where: 

(∑RINNUM)CB,i = Sum of all owned gallon-RINs that are valid for use in complying with 

the cellulosic biofuel RVO, were generated in year i, and are being 

applied towards the RVOCB,i, in gallons. 

(∑RINNUM)CB,i-1 = Sum of all owned gallon-RINs that are valid for use in complying with 

the cellulosic biofuel RVO, were generated in year i-1, and are being 

applied towards the RVOCB,i, in gallons. 

RVOCB,i = The Renewable Volume Obligation for cellulosic biofuel for the 

obligated party or renewable fuel exporter for calendar year i, in 

gallons, pursuant to §80.1407 or §80.1430. 
 851

(ii) Biomass-based diesel. Use the equation in this paragraph, except as provided in 

paragraph (a)(7) of this section. 

(∑RINNUM)BBD,i + (∑RINNUM)BBD,i-1 = RVOBBD,i

Where: 

(∑RINNUM)BBD,i = Sum of all owned gallon-RINs that are valid for use in complying with 

the biomass-based diesel RVO, were generated in year i, and are being 

applied towards the RVOBBD,i, in gallons. 

(∑RINNUM)BBD,i-1 = Sum of all owned gallon-RINs that are valid for use in complying with 

the biomass-based diesel RVO, were generated in year i-1, and are 

being applied towards the RVOBBD,i, in gallons. 

RVOBBD,i = The Renewable Volume Obligation for biomass-based diesel for the 

obligated party or renewable fuel exporter for calendar year i after 

2010, in gallons, pursuant to §80.1407 or §80.1430. 

(iii) Advanced biofuel. 

(∑RINNUM)AB,i + (∑RINNUM)AB,i-1 = RVOAB,i

Where: 

(∑RINNUM)AB,i = Sum of all owned gallon-RINs that are valid for use in complying with 

the advanced biofuel RVO, were generated in year i, and are being 

applied towards the RVOAB,i, in gallons. 
 852

(∑RINNUM)AB,i-1 = Sum of all owned gallon-RINs that are valid for use in complying with 

the advanced biofuel RVO, were generated in year i-1, and are being 

applied towards the RVOAB,i, in gallons. 

RVOAB,i = The Renewable Volume Obligation for advanced biofuel for the 

obligated party or renewable fuel exporter for calendar year i, in 

gallons, pursuant to §80.1407 or §80.1430. 

(iv) Renewable fuel. 

(∑RINNUM)RF,i + (∑RINNUM)RF,i-1 = RVORF,i

Where: 

(∑RINNUM)RF,i = Sum of all owned gallon-RINs that are valid for use in complying with 

the renewable fuel RVO, were generated in year i, and are being 

applied towards the RVORF,i, in gallons. 

(∑RINNUM)RF,i-1 = Sum of all owned gallon-RINs that are valid for use in complying with 

the renewable fuel RVO, were generated in year i-1, and are being 

applied towards the RVORF,i, in gallons. 

RVORF,i = The Renewable Volume Obligation for renewable fuel for the 

obligated party or renewable fuel exporter for calendar year i, in 

gallons, pursuant to §80.1407 or §80.1430. 

(2) Except as described in paragraph (a)(4) of this section, RINs that are valid for use in 

complying with each Renewable Volume Obligation are determined by their D codes. 

(i) RINs with a D code of 3 or 7 are valid for compliance with the cellulosic biofuel 

RVO. 
 853

(ii) RINs with a D code of 4 or 7 are valid for compliance with the biomass-based diesel 

RVO. 

(iii) RINs with a D code of 3, 4, 5, or 7 are valid for compliance with the advanced biofuel 

RVO. 

(iv) RINs with a D code of 3, 4, 5, 6, or 7 are valid for compliance with the renewable 

fuel RVO. 

(3)(i) Except as provided in paragraph (a)(3)(ii) of this section, a party may use the same 

RIN to demonstrate compliance with more than one RVO so long as it is valid for 

compliance with all RVOs to which it is applied. 

(ii) A cellulosic diesel RIN with a D code of 7 cannot be used to demonstrate compliance 

with both a cellulosic biofuel RVO and a biomass-based diesel RVO. 

(4) Notwithstanding the requirements of §80.1428(c) or paragraph (a)(6)(i) of this 

section, for purposes of demonstrating compliance for calendar years 2010 or 2011, 

RINs generated pursuant to §80.1126 that have not been used for compliance 

purposes may be used for compliance in 2010 or 2011, as follows, insofar as 

permissible pursuant to paragraphs (a)(5) and (a)(7)(iii) of this section: 

(i) A RIN generated pursuant to §80.1126 with a D code of 2 and an RR code of 15 or 17 

is deemed equivalent to a RIN generated pursuant to §80.1426 having a D code of 4. 

(ii) A RIN generated pursuant to §80.1126 with a D code of 1 is deemed equivalent to a 

RIN generated pursuant to §80.1426 having a D code of 3. 

(iii) All other RINs generated pursuant to §80.1126 are deemed equivalent to RINs 

generated pursuant to §80.1426 having D codes of 6. 
 854

(iv) A RIN generated pursuant to §80.1126 that was retired pursuant to §80.1129(e) 

because the associated volume of fuel was not used as motor vehicle fuel may be 

reinstated for use in complying with a 2010 RVO pursuant to §80.1429(g). 

(5) The value of (∑RINNUM)i-1 may not exceed values determined by the following 

inequalities except as provided in paragraph (a)(7)(iii) of this section and 

§80.1442(d): 

(∑RINNUM)CB,i-1 ≤ 0.20 * RVOCB,i

(∑RINNUM)BBD,i-1 ≤ 0.20 * RVOBBD,i

(∑RINNUM)AB,i-1 ≤ 0.20 * RVOAB,i

(∑RINNUM)RF,i-1 ≤ 0.20 * RVORF,i

(6) Except as provided in paragraph (a)(7) of this section: 

(i) RINs may only be used to demonstrate compliance with the RVOs for the calendar 

year in which they were generated or the following calendar year. 

(ii) RINs used to demonstrate compliance in one year cannot be used to demonstrate 

compliance in any other year. 

(7) Biomass-based diesel in 2010. 

(i) Prior to determining compliance with the 2010 biomass-based diesel RVO, obligated 

parties may reduce the value of RVOBBD,2010 by an amount equal to the sum of all 

2008 and 2009 RINs that they used for compliance purposes for calendar year 2009 

which have a D code of 2 and an RR code of 15 or 17. 
 855

(ii) For calendar year 2010 only, the following equation shall be used to determine 

compliance with the biomass-based diesel RVO instead of the equation in 

paragraph (a)(1)(ii) of this section: 

(∑RINNUM)BBD,2010 + (∑RINNUM)BBD,2009 + (∑RINNUM)BBD,2008 = RVOBBD,2010

Where: 

(∑RINNUM)BBD,2010 = Sum of all owned gallon-RINs that are valid for use in 

complying with the biomass-based diesel RVO, were generated 

in year 2010, and are being applied towards the RVOBBD,2010, in 

gallons. 

(∑RINNUM)BBD,2009 = Sum of all owned gallon-RINs that are valid for use in 

complying with the biomass-based diesel RVO, were generated 

in year 2009, have not previously been used for compliance 

purposes, and are being applied towards the RVOBBD,2010, in 

gallons. 

(∑RINNUM)BBD,2008 = Sum of all owned gallon-RINs that are valid for use in 

complying with the biomass-based diesel RVO, were generated 

in year 2008, have not previously been used for compliance 

purposes, and are being applied towards the RVOBBD,2010, in 

gallons. 

RVOBBD,2010 = The Renewable Volume Obligation for biomass-based diesel 

for the obligated party for calendar year 2010, in gallons, 

pursuant to §80.1407 or §80.1430, as adjusted by paragraph 

(a)(7)(i) of this section. 
 856

(iii) The values of (∑RINNUM)2008 and (∑RINNUM)2009 may not exceed values 

determined by both of the following inequalities: 

(∑RINNUM)BBD,2008 ≤ 0.087 * RVOBBD,2010

(∑RINNUM)BBD,2008 + (∑RINNUM)BBD,2009 ≤ 0.20 * RVOBBD,2010

(8) A party may only use a RIN for purposes of meeting the requirements of paragraph 

(a)(1) or (a)(7) of this section if that RIN is a separated RIN with a K code of 2 

obtained in accordance with §§ 80.1428 and 80.1429. 

(9) The number of gallon-RINs associated with a given batch-RIN that can be used for 

compliance with the RVOs shall be calculated from the following formula: 

RINNUM = EEEEEEEE - SSSSSSSS + 1 

Where: 

RINNUM = Number of gallon-RINs associated with a batch-RIN, where each gallon-RIN 

represents one gallon of renewable fuel for compliance purposes. 

EEEEEEEE = Batch-RIN component identifying the last gallon-RIN associated with the 

batch-RIN. 

SSSSSSSS = Batch-RIN component identifying the first gallon-RIN associated with the 

batch-RIN. 

(b) Deficit carryovers.

(1) An obligated party or an exporter of renewable fuel that fails to meet the requirements 

of paragraph (a)(1) or (a)(7) of this section for calendar year i is permitted to carry a 

deficit into year i+1 under the following conditions: 
 857

(i) The party did not carry a deficit into calendar year i from calendar year i-1 for the 

same RVO. 

(ii) The party subsequently meets the requirements of paragraph (a)(1) of this section for 

calendar year i+1 and carries no deficit into year i+2 for the same RVO. 

(iii) For compliance with the biomass-based diesel RVO in calendar year 2011, the deficit 

which is carried over from 2010 is no larger than 57% of the party's 2010 biomassbased diesel RVO as determined prior to any adjustment applied pursuant to 

paragraph (a)(7)(i) of this section. 

(iv) The party uses the same compliance approach in year i+1 as it did in year i, as 

provided in §80.1406(c)(2). 

(2) A deficit is calculated according to the following formula: 

Di = RVOi - [(∑RINNUM)i + (∑RINNUM)i-1] 

Where: 

Di = The deficit, in gallons, generated in calendar year i that must be carried 

over to year i+1 if allowed pursuant to paragraph (b)(1) of this section. 

RVOi = The Renewable Volume Obligation for the obligated party or renewable fuel 

exporter for calendar year i, in gallons. 

(∑RINNUM)i = Sum of all acquired gallon-RINs that were generated in year i and are 

being applied towards the RVOi, in gallons. 

(∑RINNUM)i-1 = Sum of all acquired gallon-RINs that were generated in year i-1 and 

are being applied towards the RVOi, in gallons. 

§ 80.1428 General requirements for RIN distribution. 
 858

(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 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: 

∑(RIN)D ≤ ∑(Vsi * 2.5)D

Where: 

D = Applicable date. 

∑(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 o

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. 
 859

(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. 

 

(b) RINs separated from volumes of renewable fuel.

(1) Separated RIN, for the purposes of this subpart, means a RIN with a K code of 2 

that has been separated from a volume of renewable fuel pursuant to §80.1429. 

(2) Any person that has registered pursuant to §80.1450 can own a separated RIN. 

(3) Separated RINs can be transferred any number of times. 

(c) RIN expiration. Except as provided in §80.1427(a)(7), a RIN is valid for 

compliance during the calendar year in which it was generated, or the following 

calendar year. Any RIN that is not used for compliance purposes for the calendar 

year in which it was generated, or for the following calendar year, will be 

considered an expired RIN. Pursuant to §80.1431(a), an expired RIN that is used 

for compliance will be considered an invalid RIN. 

(d) Any batch-RIN can be divided into multiple batch-RINs, each representing a 

smaller number of gallon-RINs, if all of the following conditions are met: 

(1) All RIN components other than SSSSSSSS and EEEEEEEE are identical for the 

original parent and newly formed daughter RINs. 
 860

(2) The sum of the gallon-RINs associated with the multiple daughter batch-RINs is 

equal to the gallon-RINs associated with the parent batch-RIN. 

§ 80.1429 Requirements for separating RINs from volumes of renewable fuel. 

(a)(1) Separation of a RIN from a volume of renewable fuel means termination of the 

assignment of the RIN to a volume of renewable fuel. 

(2) RINs that have been separated from volumes of renewable fuel become separated 

RINs subject to the provisions of §80.1428(b). 

(b) A RIN that is assigned to a volume of renewable fuel can be separated from that 

volume only under one of the following conditions: 

(1) Except as provided in paragraphs (b)(7) and (b)(9) of this section, a party that is 

an obligated party according to §80.1406 must separate any RINs that have been 

assigned to a volume of renewable fuel if that party owns that volume. 

(2) Except as provided in paragraph (b)(6) of this section, any party that owns a 

volume of renewable fuel must separate any RINs that have been assigned to that 

volume once the volume is blended with gasoline or diesel to produce a 

transportation fuel, heating oil, or jet fuel. A party may separate up to 2.5 RINs 

per gallon of blended renewable fuel. 

(3) Any party that exports a volume of renewable fuel must separate any RINs that 

have been assigned to the exported volume. A party may separate up to 2.5 RINs 

per gallon of exported renewable fuel. 
 861

(4) Any party that produces, imports, owns, sells, or uses a volume of neat renewable 

fuel, or a blend of renewable fuel and diesel fuel, must separate any RINs that 

have been assigned to that volume of neat renewable fuel or that blend if: 

(i) The party designates the neat renewable fuel or blend as transportation fuel, 

heating oil, or jet fuel; and 

(ii) The neat renewable fuel or blend is used without further blending, in the 

designated form, as transportation fuel, heating oil, or jet fuel. 

(5) Any party that produces, imports, owns, sells, or uses a volume of electricity or 

biogas for which RINs have been generated in accordance with §80.1426(f) must 

separate any RINs that have been assigned to that volume of renewable electricity 

or biogas if: 

(i) The party designates the electricity or biogas as transportation fuel; and 

(ii) The electricity or biogas is used as transportation fuel. 

(6) RINs assigned to a volume of biodiesel (mono-alkyl ester) can only be separated 

from that volume pursuant to paragraph (b)(2) of this section if such biodiesel is 

blended into diesel fuel at a concentration of 80 volume percent biodiesel (monoalkyl ester) or less. 

(i) This paragraph (b)(6) shall not apply to biodiesel owned by obligated parties or to 

exported volumes of biodiesel. 

(ii) This paragraph (b)(6) shall not apply to parties meeting the requirements of 

paragraph (b)(4) of this section. 

(7) For RINs that an obligated party generates for renewable fuel that has not been 

blended into gasoline or diesel to produce a transportation fuel, heating oil, or jet 
 862

fuel, the obligated party can only separate such RINs from volumes of renewable 

fuel if the number of gallon-RINs separated in a calendar year are less than or 

equal to a limit set as follows: 

(i) For RINs with a D code of 3, the limit shall be equal to RVOCB. 

(ii) For RINs with a D code of 4, the limit shall be equal to RVOBBD. 

(iii) For RINs with a D code of 7, the limit shall be equal to the larger of RVOBBD or 

RVOCB. 

(iv) For RINs with a D code of 5, the limit shall be equal to RVOAB - RVOCB - 

RVOBBD.

(v) For RINs with a D code of 6, the limit shall be equal to RVORF - RVOAB. 

(8) Small refiners and small refineries may only separate RINs that have been 

assigned to volumes of renewable fuel that the party blends into gasoline or diesel 

to produce transportation fuel, heating oil, or jet fuel, or that the party used as 

transportation fuel, heating oil, or jet fuel. This paragraph (b)(8) shall apply only 

under the following conditions: 

(i) During the calendar year in which the party has received a small refinery 

exemption under §80.1441 or a small refiner exemption under §80.1442; and 

(ii) The party is not otherwise an obligated party during the period of time that the 

small refinery or small refiner exemption is in effect. 

(9) Except as provided in paragraphs (b)(2) through (b)(5) and (b)(8) of this section, 

RINs owned by obligated parties whose non-export renewable volume obligations 

are solely related to the addition of blendstocks into a volume of finished 

gasoline, finished diesel fuel, RBOB, or CBOB, can only be separated from 
 863

volumes of renewable fuel if the number of gallon-RINs separated in a calendar 

year are less than or equal to a limit set as follows: 

(i) For RINs with a D code of 3, the limit shall be equal to RVOCB. 

(ii) For RINs with a D code of 4, the limit shall be equal to RVOBBD. 

(iii) For RINs with a D code of 7, the limit shall be equal to the larger of RVOBBD or 

RVOCB. 

(iv) For RINs with a D code of 5, the limit shall be equal to RVOAB - RVOCB - 

RVOBBD.

(v) For RINs with a D code of 6, the limit shall be equal to RVORF - RVOAB. 

(c) The party responsible for separating a RIN from a volume of renewable fuel shall 

change the K code in the RIN from a value of 1 to a value of 2 prior to 

transferring the RIN to any other party. 

(d) Upon and after separation of a RIN from its associated volume of renewable fuel, 

the separated RIN must be accompanied by documentation when transferred to 

another party pursuant to §80.1453. 

(e) Upon and after separation of a RIN from its associated volume of renewable fuel, 

product transfer documents used to transfer ownership of the volume must meet 

the requirements of §80.1453. 
 864

(f) Any party that uses a renewable fuel in any application that is not transportation 

fuel, heating oil, or jet fuel, or designates a renewable fuel for use as something 

other than transportation fuel, heating oil, or jet fuel, must retire any RINs 

received with that renewable fuel and report the retired RINs in the applicable 

reports under §80.1451. 

(g) Any 2009 RINs retired pursuant to §80.1129 because renewable fuel was used in 

a non-motor vehicle application, heating oil, or jet fuel may be reinstated by the 

retiring party for sale or use to demonstrate compliance with a 2010 RVO. 

§ 80.1430 Requirements for exporters of renewable fuels. 

(a) Any party that owns any amount of renewable fuel, whether in its neat form or 

blended with gasoline or diesel, that is exported from any of the regions described 

in §80.1426(b) shall acquire sufficient RINs to comply with all applicable 

Renewable Volume Obligations under paragraph (b) of this section representing 

the exported renewable fuel. 

(b) Renewable Volume Obligations. An exporter of renewable fuel shall determine 

its Renewable Volume Obligations from the volumes of the renewable fuel 

exported. 

(1) Cellulosic biofuel. 

RVOCB,i = ∑(VOLk * EVk)i + DCB,i-1

Where: 
 865

RVOCB,i = The Renewable Volume Obligation for cellulosic biofuel for the exporter for 

calendar year i, in gallons. 

k = A discrete volume of exported renewable fuel. 

VOLk = The standardized volume of discrete volume k of exported renewable fuel 

that the exporter knows or has reason to know is cellulosic biofuel, in 

gallons, calculated in accordance with §80.1426(f)(8). 

EVk = The equivalence value associated with discrete volume k. 

∑ = Sum involving all volumes of cellulosic biofuel exported. 

DCB,i-1 = Deficit carryover from the previous year for cellulosic biofuel, in gallons. 

(2) Biomass-based diesel. 

RVOBBD,i = ∑(VOLk * EVk)i + DBBD,i-1

Where: 

RVOBBD,i = The Renewable Volume Obligation for biomass-based diesel for the exporter 

for calendar year i, in gallons. 

k = A discrete volume of exported renewable fuel. 

VOLk = The standardized volume of discrete volume k of exported renewable fuel 

that is biodiesel or renewable diesel, or that the exporter knows or has 

reason to know is biomass-based diesel, in gallons, calculated in 

accordance with §80.1426(f)(8). 

EVk = The equivalence value associated with discrete volume k. 

∑ = Sum involving all volumes of biomass-based diesel exported. 

DBBD,i-1 = Deficit carryover from the previous year for biomass-based diesel, in gallons. 

(3) Advanced biofuel. 
 866

RVOAB,i = ∑(VOLk * EVk)i + DAB,i-1

Where: 

RVOAB,i = The Renewable Volume Obligation for advanced biofuel for the exporter for 

calendar year i, in gallons. 

k = A discrete volume of exported renewable fuel. 

VOLk = The standardized volume of discrete volume k of exported renewable fuel 

that is biodiesel or renewable diesel, or that the exporter knows or has 

reason to know is biomass-based diesel, cellulosic biofuel, or advanced 

biofuel, in gallons, calculated in accordance with §80.1426(f)(8). 

EVk = The equivalence value associated with discrete volume k. 

∑ = Sum involving all volumes of advanced biofuel exported. 

DAB,i-1 = Deficit carryover from the previous year for advanced biofuel, in gallons. 

(4) Renewable fuel. 

RVORF,i = ∑(VOLk * EVk)i + DRF,i-1

Where: 

RVORF,i = The Renewable Volume Obligation for renewable fuel for the exporter for 

calendar year i, in gallons. 

k = A discrete volume of exported renewable fuel. 

VOLk = The standardized volume of discrete volume k of any exported renewable 

fuel, in gallons, calculated in accordance with §80.1426(f)(8). 

EVk = The equivalence value associated with discrete volume k. 

∑ = Sum involving all volumes of renewable fuel exported. 

DRF,i-1 = Deficit carryover from the previous year for renewable fuel, in gallons. 
 867

(c) If the exporter knows or has reason to know that a volume of exported renewable 

fuel is cellulosic diesel, he must treat the exported volume as either cellulosic 

biofuel or biomass-based diesel when determining his Renewable Volume 

Obligations pursuant to paragraph (b) of this section. 

(d) For the purposes of calculating the Renewable Volume Obligations: 

(1) If the equivalence value for a volume of exported renewable fuel can be 

determined pursuant to §80.1415 based on its composition, then the appropriate 

equivalence value shall be used in the calculation of the exporter's Renewable 

Volume Obligations under paragraph (b) of this section. 

(2) If the category of the exported renewable fuel is known to be biomass-based 

diesel but the composition is unknown, the value of EVk shall be 1.5. 

(3) If neither the category nor composition of a volume of exported renewable fuel 

can be determined, the value of EVk shall be 1.0. 

(e) For renewable fuels that are in the form of a blend with gasoline or diesel at the 

time of export, the exporter shall determine the volume of exported renewable 

fuel based on one of the following: 

(1) Information from the supplier of the blend of the concentration of renewable fuel 

in the blend. 
 868

(2) Determination of the renewable portion of the blend using Method B or Method C 

of ASTM D 6866 (incorporated by reference, see §80.1468), or an alternative test 

method as approved by the EPA. 

(3) Assuming the maximum concentration of the renewable fuel in the blend as 

allowed by law and/or regulation. 

(f) Each exporter of renewable fuel must demonstrate compliance with its RVOs 

pursuant to §80.1427. 

§ 80.1431 Treatment of invalid RINs. 

(a) Invalid RINs. 

(1) An invalid RIN is a RIN that is any of the following: 

(i) A duplicate of a valid RIN. 

(ii) Was based on incorrect volumes or volumes that have not been standardized to 60 

°F. 

(iii) Has expired, as provided in §80.1428(c). 

(iv) Was based on an incorrect equivalence value. 

(v) Deemed invalid under §80.1467(g). 

(vi) Does not represent renewable fuel as defined in §80.1401. 

(vii) Was assigned an incorrect “D” code value under §80.1426(f) for the associated 

volume of fuel. 

(viii) Was improperly separated pursuant to §80.1429. 

(ix) Was otherwise improperly generated. 
 869

(2) In the event that the same RIN is transferred to two or more parties, all such RINs 

are deemed invalid, unless EPA in its sole discretion determines that some portion 

of these RINs is valid. 

(b) In the case of RINs that are invalid, the following provisions apply: 

(1) Upon determination by any party that RINs owned are invalid, the party must 

keep copies and adjust its records, reports, and compliance calculations in which 

the invalid RINs were used. The party must retire the invalid RINs in the 

applicable RIN transaction reports under §80.1451(c)(2) for the quarter in which 

the RINs were determined to be invalid. 

(2) Invalid RINs cannot be used to achieve compliance with the Renewable Volume 

Obligations of an obligated party or exporter, regardless of the party’s good faith 

belief that the RINs were valid at the time they were acquired. 

(3) Any valid RINs remaining after invalid RINs are retired must first be applied to 

correct the transfer of invalid RINs to another party before applying the valid 

RINs to meet the party’s Renewable Volume Obligations at the end of the 

compliance year. 

§ 80.1432 Reported spillage or disposal of renewable fuel. 

(a) A reported spillage or disposal under this subpart means a spillage or disposal of 

renewable fuel associated with a requirement by a federal, state, or local authority 

to report the spillage or disposal. 
 870

(b) Except as provided in paragraph (c) of this section, in the event of a reported 

spillage or disposal of any volume of renewable fuel, the owner of the renewable 

fuel must retire a number of RINs corresponding to the volume of spilled or 

disposed of renewable fuel multiplied by its equivalence value. 

(1) If the equivalence value for the spilled or disposed of volume may be determined 

pursuant to §80.1415 based on its composition, then the appropriate equivalence 

value shall be used. 

(2) If the equivalence value for a spilled or disposed of volume of renewable fuel 

cannot be determined, the equivalence value shall be 1.0. 

(c) If the owner of a volume of renewable fuel that is spilled or disposed of and 

reported establishes that no RINs were generated to represent the volume, then no 

RINs shall be retired. 

(d) A RIN that is retired under paragraph (b) of this section: 

(1) Must be reported as a retired RIN in the applicable reports under §80.1451. 

(2) May not be transferred to another person or used by any obligated party to 

demonstrate compliance with the party’s Renewable Volume Obligations. 

§§ 80.1433-80.1439 [Reserved]

§ 80.1440 What are the provisions for blenders who handle and blend less than 

125,000 gallons of renewable fuel per year? 
 871

(a) Renewable fuel blenders who handle and blend less than 125,000 gallons of 

renewable fuel per year, and who do not have Renewable Volume Obligations, 

are permitted to delegate their RIN-related responsibilities to the party directly 

upstream of them who supplied the renewable fuel for blending. 

(b) The RIN-related responsibilities that may be delegated directly upstream include 

all of the following: 

(1) The RIN separation requirements of §80.1429. 

(2) The reporting requirements of §80.1451. 

(3) The recordkeeping requirements of §80.1454. 

(4) The attest engagement requirements of §80.1464. 

(c) For upstream delegation of RIN-related responsibilities, both parties must agree 

on the delegation, and a quarterly written statement signed by both parties must be 

included with the reporting party’s reports under §80.1451. 

(1) Both parties must keep copies of the signed quarterly written statement agreeing 

to the upward delegation for 5 years. 

(2) Parties delegating their RIN responsibilities upward shall keep copies of their 

registration forms as submitted to EPA. 

(3) If EPA finds that a renewable fuel blender improperly delegated its RIN-related 

responsibilities under this subpart M, the blender will be held accountable for any 

RINs separated and will be subject to all RIN-related responsibilities under this 

subpart. 
 872

(d) Renewable fuel blenders who handle and blend less than 125,000 gallons of 

renewable fuel per year and delegate their RIN-related responsibilities under 

paragraph (b) of this section must register pursuant to §80.1450(e). 

(e) Renewable fuel blenders who handle and blend less than 125,000 gallons of 

renewable fuel per year and who do not opt to delegate their RIN-related 

responsibilities will be subject to all requirements stated in paragraph (b) of this 

section, and all other applicable requirements of this subpart M. 

§ 80.1441 Small refinery exemption.

(a)(1) Transportation fuel produced at a refinery by a refiner, or foreign refiner (as 

defined at §80.1465(a)), is exempt from January 1, 2010 through December 31, 

2010 from the renewable fuel standards of §80.1405, and the owner or operator of 

the refinery, or foreign refinery, is exempt from the requirements that apply to 

obligated parties under this subpart M for fuel produced at the refinery if the 

refinery meets the definition of a small refinery under §80.1401 for calendar year 

2006. 

(2) The exemption of paragraph (a)(1) of this section shall apply unless a refiner 

chooses to waive this exemption (as described in paragraph (f) of this section), or 

the exemption is extended (as described in paragraph (e) of this section). 

(3) For the purposes of this section, the term “refiner” shall include foreign refiners. 
 873

(4) This exemption shall only apply to refineries that process crude oil through 

refinery processing units. 

(5) The small refinery exemption is effective immediately, except as specified in 

paragraph (b)(3) of this section. 

(6) Refiners who own refineries that qualified as small under 40 CFR 80.1141 do not 

need to resubmit a small refinery verification letter under this subpart M. This 

paragraph (a) does not supersede §80.1141. 

(b)(1) A refiner owning a small refinery must submit a verification letter to EPA 

containing all of the following information: 

(i) The annual average aggregate daily crude oil throughput for the period January 1, 

2006 through December 31, 2006 (as determined by dividing the aggregate 

throughput for the calendar year by the number 365). 

(ii) A letter signed by the president, chief operating or chief executive officer of the 

company, or his/her designee, stating that the information contained in the letter is 

true to the best of his/her knowledge, and that the refinery was small as of 

December 31, 2006. 

(iii) Name, address, phone number, facsimile number, and e-mail address of a 

corporate contact person. 

(2) Verification letters must be submitted by July 1, 2010 to one of the addresses 

listed in paragraph (h) of this section. 

(3) For foreign refiners the small refinery exemption shall be effective upon approval, 

by EPA, of a small refinery application. The application must contain all of the 
 874

elements required for small refinery verification letters (as specified in paragraph 

(b)(1) of this section), must satisfy the provisions of §80.1465(f) through (i) and 

(o), and must be submitted by July 1, 2010 to one of the addresses listed in 

paragraph (h) of this section. 

(4) Small refinery verification letters are not required for those refiners who have 

already submitted a complete verification letter under subpart K of this part 80. 

Verification letters submitted under subpart K prior to July 1, 2010 that satisfy the 

requirements of subpart K shall be deemed to satisfy the requirements for 

verification letters under this subpart M. 

(c) If EPA finds that a refiner provided false or inaccurate information regarding a 

refinery’s crude throughput (pursuant to paragraph (b)(1)(i) of this section) in its 

small refinery verification letter, the exemption will be void as of the effective 

date of these regulations. 

(d) If a refiner is complying on an aggregate basis for multiple refineries, any such 

refiner may exclude from the calculation of its Renewable Volume Obligations 

(under §80.1407) transportation fuel from any refinery receiving the small 

refinery exemption under paragraph (a) of this section. 

(e)(1) The exemption period in paragraph (a) of this section shall be extended by the 

Administrator for a period of not less than two additional years if a study by the 
 875

Secretary of Energy determines that compliance with the requirements of this 

subpart would impose a disproportionate economic hardship on a small refinery. 

(2) A refiner may petition the Administrator for an extension of its small refinery 

exemption, based on disproportionate economic hardship, at any time. 

(i) A petition for an extension of the small refinery exemption must specify the 

factors that demonstrate a disproportionate economic hardship and must provide a 

detailed discussion regarding the hardship the refinery would face in producing 

transportation fuel meeting the requirements of §80.1405 and the date the refiner 

anticipates that compliance with the requirements can reasonably be achieved at 

the small refinery. 

(ii) The Administrator shall act on such a petition not later than 90 days after the date 

of receipt of the petition. 

(f) At any time, a refiner with a small refinery exemption under paragraph (a) of this 

section may waive that exemption upon notification to EPA. 

(1) A refiner’s notice to EPA that it intends to waive its small refinery exemption 

must be received by November 1 to be effective in the next compliance year. 

(2) The waiver will be effective beginning on January 1 of the following calendar 

year, at which point the transportation fuel produced at that refinery will be 

subject to the renewable fuels standard of §80.1405 and the owner or operator of 

the refinery shall be subject to all other requirements that apply to obligated 

parties under this Subpart M. 
 876

(3) The waiver notice must be sent to EPA at one of the addresses listed in paragraph 

(h) of this section. 

(g) A refiner that acquires a refinery from either an approved small refiner (as defined 

under §80.1442(a)) or another refiner with an approved small refinery exemption 

under paragraph (a) of this section shall notify EPA in writing no later than 20 

days following the acquisition. 

(h) Verification letters under paragraph (b) of this section, petitions for small refinery 

hardship extensions under paragraph (e) of this section, and small refinery 

exemption waiver notices under paragraph (f) of this section shall be sent to one 

of the following addresses: 

(1) For US mail: U.S. EPA, Attn: RFS Program, 6406J, 1200 Pennsylvania Avenue, 

NW, Washington, DC 20460. 

(2) For overnight or courier services: U.S. EPA, Attn: RFS Program, 6406J, 1310 L 

Street, NW, 6th floor, Washington, DC 20005. (202) 343-9038. 

§ 80.1442 What are the provisions for small refiners under the RFS program? 

(a)(1) To qualify as a small refiner under this section, a refiner must meet all of the 

following criteria: 

(i) The refiner produced transportation fuel at its refineries by processing crude oil 

through refinery processing units from January 1, 2006 through December 31, 

2006. 
 877

(ii) The refiner employed an average of no more than 1,500 people, based on the 

average number of employees for all pay periods for calendar year 2006 for all 

subsidiary companies, all parent companies, all subsidiaries of the parent 

companies, and all joint venture partners. 

(iii) The refiner had a corporate-average crude oil capacity less than or equal to 

155,000 barrels per calendar day (bpcd) for 2006. 

(2) For the purposes of this section, the term “refiner” shall include foreign refiners. 

(3) Refiners who qualified as small under 40 CFR 80.1142 do not need to reapply for 

small refiner status under this subpart M. This paragraph (a) does not supersede 

§80.1142. 

(b)(1) The small refiner exemption is effective immediately, except as provided in 

paragraph (b)(5) of this section. 

(2) Refiners who qualify for the small refiner exemption under paragraph (a) of this 

section must submit a verification letter (and any other relevant information) to 

EPA by July 1, 2010. The small refiner verification letter must include all of the 

following information for the refiner and for all subsidiary companies, all parent 

companies, all subsidiaries of the parent companies, and all joint venture partners: 

(i) A listing of the name and address of each company location where any employee 

worked for the period January 1, 2006 through December 31, 2006. 

(ii) The average number of employees at each location based on the number of 

employees for each pay period for the period January 1, 2006 through December 

31, 2006. 
 878

(iii) The type of business activities carried out at each location. 

(iv) For joint ventures, the total number of employees includes the combined 

employee count of all corporate entities in the venture. 

(v) For government-owned refiners, the total employee count includes all government 

employees. 

(vi) The total corporate crude oil capacity of each refinery as reported to the Energy 

Information Administration (EIA) of the U.S. Department of Energy (DOE), for 

the period January 1, 2006 through December 31, 2006. The information 

submitted to EIA is presumed to be correct. In cases where a company disagrees 

with this information, the company may petition EPA with appropriate data to 

correct the record when the company submits its application. 

(vii) The verification letter must be signed by the president, chief operating or chief 

executive officer of the company, or his/her designee, stating that the information 

is true to the best of his/her knowledge, and that the company owned the refinery 

as of December 31, 2006. 

(viii) Name, address, phone number, facsimile number, and e-mail address of a 

corporate contact person. 

(3) In the case of a refiner who acquires or reactivates a refinery that was shutdown 

or non-operational between January 1, 2005 and January 1, 2006, the information 

required in paragraph (b)(2) of this section must be provided for the time period 

since the refiner acquired or reactivated the refinery. 

(4) EPA will notify a refiner of its approval or disapproval of the application for 

small refiner status by letter. 
 879

(5) For foreign refiners the small refiner exemption shall be effective upon approval, 

by EPA, of a small refiner application. The application must contain all of the 

elements required for small refiner verification letters (as specified in paragraph 

(b)(2) of this section), must satisfy the provisions of §80.1465(f) through (h) and 

(o), must demonstrate compliance with the crude oil capacity criterion of 

paragraph (a)(1)(iii) of this section, and must be submitted by July 1, 2010 to one 

of the addresses listed in paragraph (i) of this section. 

(6) Small refiner verification letters submitted under subpart K (§80.1142) prior to 

July 1, 2010 that satisfy the requirements of subpart K shall be deemed to satisfy 

the requirements for small refiner verification letters under this subpart M. 

(c) Small refiner temporary exemption.

(1) Transportation fuel produced by an approved small refiner, or foreign small 

refiner (as defined at §80.1465(a)), is exempt from January 1, 2010 through 

December 31, 2010 from the renewable fuel standards of §80.1405 and the 

requirements that apply to obligated parties under this subpart if the refiner or 

foreign refiner meets all the criteria of paragraph (a)(1) of this section. 

(2) The small refiner exemption shall apply to an approved small refiner unless that 

refiner chooses to waive this exemption (as described in paragraph (d) of this 

section). 

(d)(1) A refiner with approved small refiner status may, at any time, waive the small 

refiner exemption under paragraph (c) of this section upon notification to EPA. 
 880

(2) A refiner’s notice to EPA that it intends to waive the small refiner exemption 

must be received by November 1 of a given year in order for the waiver to be 

effective for the following calendar year. The waiver will be effective beginning 

on January 1 of the following calendar year, at which point the refiner will be 

subject to the renewable fuel standards of §80.1405 and the requirements that 

apply to obligated parties under this subpart. 

(3) The waiver must be sent to EPA at one of the addresses listed in paragraph (i) of 

this section. 

(e) Refiners who qualify as small refiners under this section and subsequently fail to 

meet all of the qualifying criteria as set out in paragraph (a) of this section are 

disqualified as small refiners of January 1 of the next calendar year, except as 

provided under paragraphs (d) and (e)(2) of this section. 

(1) In the event such disqualification occurs, the refiner shall notify EPA in writing 

no later than 20 days following the disqualifying event. 

(2) Disqualification under this paragraph (e) shall not apply in the case of a merger 

between two approved small refiners. 

(f) If EPA finds that a refiner provided false or inaccurate information in its small 

refiner status verification letter under this subpart M, the refiner will be 

disqualified as a small refiner as of the effective date of this subpart. 
 881

(g) Any refiner that acquires a refinery from another refiner with approved small 

refiner status under paragraph (a) of this section shall notify EPA in writing no 

later than 20 days following the acquisition. 

(h) Extensions of the small refiner temporary exemption.

(1) A small refiner may apply for an extension of the temporary exemption of 

paragraph (c)(1) of this section based on a showing of all the following: 

(i) Circumstances exist that impose disproportionate economic hardship on the 

refiner and significantly affects the refiner’s ability to comply with the RFS 

standards. 

(ii) The refiner has made best efforts to comply with the requirements of this subpart. 

(2) A refiner must apply, and be approved, for small refiner status under this section. 

(3) A small refiner’s hardship application must include all the following information: 

(i) A plan demonstrating how the refiner will comply with the requirements of 

§80.1405 (and all other requirements of this subpart applicable to obligated 

parties), as expeditiously as possible. 

(ii) A detailed description of the refinery configuration and operations including, at a 

minimum, all the following information: 

(A) The refinery's total crude capacity. 

(B) Total crude capacity of any other refineries owned by the same entity. 

(C) Total volume of gasoline and diesel produced at the refinery. 

(D) Detailed descriptions of efforts to comply. 

(E) Bond rating of the entity that owns the refinery. 
 882

(F) Estimated investment needed to comply with the requirements of this subpart M. 

(4) A small refiner shall notify EPA in writing of any changes to its situation between 

approval of the extension application and the end of its approved extension 

period. 

(5) EPA may impose reasonable conditions on extensions of the temporary 

exemption, including reducing the length of such an extension, if conditions or 

situations change between approval of the application and the end of the approved 

extension period. 

(i) Small refiner status verification letters, small refiner exemption waivers, or 

applications for extensions of the small refiner temporary exemption under this 

section must be sent to one of the following addresses: 

(1) For US Mail: U.S. EPA, Attn: RFS Program, 6406J, 1200 Pennsylvania Avenue, 

NW, Washington, DC 20460. 

(2) For overnight or courier services: U.S. EPA, Attn: RFS Program, 6406J, 1310 L 

Street, NW, 6th floor, Washington, DC 20005. (202) 343-9038. 

§ 80.1443 What are the opt-in provisions for noncontiguous states and 

territories? 

(a) Alaska or a United States territory may petition the Administrator to opt-in to the 

program requirements of this subpart. 

 
 883

(b) The Administrator will approve the petition if it meets the provisions of 

paragraphs (c) and (d) of this section. 

(c) The petition must be signed by the Governor of the state or his authorized 

representative (or the equivalent official of the territory). 

(d)(1) A petition submitted under this section must be received by EPA by November 1 

for the state or territory to be included in the RFS program in the next calendar 

year.

(2) A petition submitted under this section should be sent to either of the following 

addresses: 

(i) For US Mail: U.S. EPA, Attn: RFS Program, 6406J, 1200 Pennsylvania Avenue, 

NW, Washington, DC 20460. 

(ii) For overnight or courier services: U.S. EPA, Attn: RFS Program, 6406J, 1310 L 

Street, NW, 6th floor, Washington, DC 20005. (202) 343-9038. 

 

(e) Upon approval of the petition by the Administrator: 

(1) EPA shall calculate the standards for the following year, including the total 

gasoline and diesel fuel volume for the state or territory in question. 

(2) Beginning on January 1 of the next calendar year, all gasoline and diesel fuel 

refiners and importers in the state or territory for which a petition has been 

approved shall be obligated parties as defined in §80.1406. 
 884

(3) Beginning on January 1 of the next calendar year, all renewable fuel producers in 

the state or territory for which a petition has been approved shall, pursuant to 

§80.1426(a)(2), be required to generate RINs and comply with other requirements 

of this subpart M that are applicable to producers of renewable fuel. 

§§ 80.1444-80.1448 [Reserved] 

§ 80.1449 What are the Production Outlook Report requirements?

(a) A registered renewable fuel producer or importer, for each of its facilities, must 

submit all of the following information, as applicable, to EPA by March 31 of 

each year (September 1 for the report due in 2010): 

(1) The type, or types, of renewable fuel expected to be produced or imported at each 

facility owned by the renewable fuel producer or importer. 

(2) The volume of each type of renewable fuel expected to be produced or imported 

at each facility. 

(3) The number of RINs expected to be generated by the renewable fuel producer or 

importer for each type of renewable fuel. 

(4) Information about all the following: 

(i) Existing and planned production capacity. 

(ii) Long-range plans for expansion of production capacity at existing facilities or 

construction of new facilities. 

(iii) Feedstocks and production processes to be used at each production facility. 
 885

(iv) Changes to the facility that would raise or lower emissions of any greenhouse 

gases from the facility. 

(5) For expanded production capacity that is planned or underway at each existing 

facility, or new production facilities that are planned or underway, information on 

all the following, as available: 

(i) Strategic planning. 

(ii) Planning and front-end engineering. 

(iii) Detailed engineering and permitting. 

(iv) Procurement and construction. 

(v) Commissioning and startup. 

(6) Whether capital commitments have been made or are projected to be made. 

(b) The information listed in paragraph (a) of this section shall include the reporting 

party’s best estimates for the five following calendar years. 

(c) Production outlook reports must provide an update of the progress in each of the 

areas listed in paragraph (a) of this section in comparison to information provided 

in previous year production outlook reports. 

(d) Production outlook reports shall be sent to one of the following addresses: 

(1) For US Mail: U.S. EPA, Attn: RFS Program- Production Outlook Reports, 

6406J, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. 
 886

(2) For overnight or courier services: U.S. EPA, Attn: RFS Program- Production 

Outlook Reports, 6406J, 1310 L Street, NW, 6th floor, Washington, DC 20005. 

(202) 343-9038. 

(e) All production outlook reports required under this section shall be submitted on 

forms and following procedures prescribed by the Administrator. 

§ 80.1450 What are the registration requirements under the RFS program?

(a) Obligated Parties and Exporters. Any obligated party described in §80.1406, and 

any exporter of renewable fuel described in §80.1430, must provide EPA with the 

information specified for registration under §80.76, if such information has not 

already been provided under the provisions of this part. An obligated party or an 

exporter of renewable fuel must receive EPA-issued identification numbers prior 

to engaging in any transaction involving RINs. Registration information may be 

submitted to EPA at any time after publication of this rule in the Federal Register, 

but must be submitted and accepted by EPA by July 1, 2010, or 60 days prior to 

RIN ownership, whichever date comes later. 

(b) Producers. Any RIN-generating foreign or domestic producer of renewable fuel 

or any foreign producer that sells renewable fuel for RIN generation by a United 

States importer must provide EPA the information specified under §80.76 if such 

information has not already been provided under the provisions of this part, and 

must receive EPA-issued company and facility identification numbers prior to the 
 887

generation of any RINs for their fuel. All the following registration information 

may be submitted to EPA at any time after promulgation of this rule in the 

Federal Register, but must be submitted and accepted by EPA by July 1, 2010, or 

60 days prior to the generation of RINs, whichever date comes later, subject to 

this subpart: 

(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). 
 888

(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 

(C) Producers using biogas for process heat in the production of renewable fuel as 

described in §80.1426(f)(12). 
 889

(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 noncellulosic 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. 
 890

(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. 

(C) Contracts relevant to materials recycled from municipal waste streams as 

described in §80.1426(f)(5)(iii). 

(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. 

(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: 
 891

(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. 

(C) The renewable fuel producer shall be free from any interest in the third party’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. 
 892

(iv) The renewable fuel producer must retain records of the review and verification, as 

required in §80.1454(b)(6). 

(3) A Fuel Supply Plan that includes all the following information:

(i) Name of source of each and every fuel that the renewable fuel producer intends to 

be co-fired or used in a fuel blend. 

(ii) Anticipated proportion of each fuel in the mix or in the fuel blend. 

(iii) Anticipated net heat content of each, including any expected seasonal variations, 

such as those due to moisture content or wood species. 

(iv) Seasonal variation, if any, of the fuel mix or blend. 

(v) An affidavit from the biogas supplier stating its intent to supply biogas to the 

renewable fuel producer, the quantity and energy content of the biogas that it 

intends to provide to the renewable fuel producer, and a statement that this 

volume of biogas will not be used for the creation of a Renewable Energy Credit, 

or of any other type of environmental or energy attribute or credit. 

(c) Importers. Importers of renewable fuel must provide EPA the information 

specified under §80.76, if such information has not already been provided under 

the provisions of this part and must receive an EPA-issued company identification 

number prior to generating or owning RINs. Registration information may be 

submitted to EPA at any time after promulgation of this rule in the Federal 

Register, but must be submitted and accepted by EPA by July 1, 2010, or 60 days 

prior to an importer importing any renewable fuel with assigned RINs or 

generating any RINs for renewable fuel, whichever dates comes later. 
 893

(d) Registration updates. 

(1) Any producer of renewable fuel who makes changes to his facility that will 

qualify his renewable fuel for a renewable fuel category or D code as defined in 

§80.1425(g) that is not reflected in the producer’s registration information on file 

with EPA must update his registration information and submit a copy of an 

updated independent engineering review at least 60 days prior to producing the 

new type of renewable fuel. 

(2) Any producer of renewable fuel who makes any other changes to a facility that do 

not affect the renewable fuel category for which the producer is registered per 

paragraph (b) of this section must update his registration information 7 days prior 

to the change. 

(3) All producers of renewable fuel must update registration information and submit a 

copy of an updated independent engineering review every 3 years after initial 

registration. In addition to conducting the engineering review and written report 

and verification required by paragraph (b)(2) of this section, the updated 

independent engineering review shall include a detailed review of the renewable 

fuel producer’s calculations used to determine VRIN of a representative sample of 

batches of each type of renewable fuel produced since the last registration. The 

representative sample shall be selected in accordance with the sample size 

guidelines set forth at §80.127. 
 894

(e) Any party who owns RINs, intends to own RINs, or intends to allow another party 

to separate RINs as per §80.1440, but who is not covered by paragraphs (a), (b), 

or (c) of this section, must provide EPA the information specified under §80.76, if 

such information has not already been provided under the provisions of this part 

and must receive an EPA-issued company identification number prior to owning 

any RINs. Registration information may be submitted to EPA at any time after 

promulgation of this rule in the Federal Register, but must be submitted at least 30 

days prior to RIN ownership. 

(f) To aid EPA in verifying claims that a facility qualifies for an exemption described 

in §80.1403(c) or (d), registrations for such facilities must be submitted by July 1, 

2013. EPA may in its sole discretion waive this requirement if it determines that 

the information submitted in any later registration can be verified by EPA in the 

same manner as would have been possible with a timely submission. 

(g) Registration shall be on forms, and following policies, established by the 

Administrator.

§ 80.1451 What are the reporting requirements under the RFS program?

(a) Obligated parties and exporters. Any obligated party described in §80.1406 or 

exporter of renewable fuel described in §80.1430 must submit to EPA reports 

according to the schedule, and containing all the information, that is set forth in 

this paragraph (a). 
 895

(1) Annual compliance reports for the previous compliance period shall be submitted 

by February 28 of each year and shall include all of the following information: 

(i) The obligated party’s or exporter’s name. 

(ii) The EPA company registration number. 

(iii) Whether the domestic refiner, as defined in §80.1406, is complying on a corporate 

(aggregate) or facility-by-facility basis. 

(iv) The EPA facility registration number, if complying on a facility-by-facility basis. 

(v) The production volume and import volume of all of the products listed in 

§80.1407(c) and (e) for the reporting year. 

(vi) The RVOs, as defined in §80.1427(a) for obligated parties and §80.1430(b) for 

exporters of renewable fuel, for the reporting year. 

(vii) Any deficit RVOs carried over from the previous year. 

(viii) The total current-year RINs by category of renewable fuel, as those fuels are 

defined in §80.1401 (i.e., cellulosic biofuel, biomass-based diesel, advanced 

biofuel, renewable fuel, and cellulosic diesel), retired for compliance. 

(ix) The total prior-year RINs by renewable fuel category, as those fuels are defined in 

§80.1401, retired for compliance. 

(x) The total cellulosic biofuel waiver credits used to meet the party’s cellulosic 

biofuel RVO. 

(xi) A list of all RINs retired for compliance in the reporting year. 

(A) RIN information provided by the EPA Moderated Transaction System (EMTS) 

that is retired to meet compliance conveyed via the EMTS as per §80.1452. 

(B) [Reserved] 
 896

(xii) Any deficit RVO(s) carried into the subsequent year. 

(xiii) Any additional information that the Administrator may require. 

(2) The RIN transaction reports required under paragraph (c)(1) of this section. 

(3) The quarterly RIN activity reports required under paragraph (c)(2) of this section. 

(4) Reports required under this paragraph (a) must be signed and certified as meeting 

all the applicable requirements of this subpart by the owner or a responsible 

corporate officer of the obligated party or exporter. 

(b) Renewable fuel producers (domestic and foreign) and importers. Any domestic 

producer or importer of renewable fuel who generates RINs, or foreign renewable 

fuel producer who generates RINs, must submit to EPA reports according to the 

schedule, and containing all the information, that is set forth in this paragraph (b). 

(1)(i) For RINs generated beginning on July 1, 2010, RIN generation reports for each 

facility owned by the renewable fuel producer or importer shall be submitted 

according to the schedule specified in paragraph (f)(2) of this section. 

(ii) The RIN generation reports shall include all the following information for each 

batch of renewable fuel produced or imported, where “batch” means a discrete 

quantity of renewable fuel produced or imported and assigned a unique batch-RIN 

per §80.1426(d): 

(A) The RIN generator’s name. 

(B) The RIN generator’s EPA company registration number. 

(C) The renewable fuel producer EPA facility registration number. 
 897

(D) The importer EPA facility registration number and foreign renewable producer 

company registration number, if applicable. 

(E) The applicable reporting period. 

(F) The quantity of RINs generated for each batch according to §80.1426. 

(G) The production date of each batch. 

(H) The category of renewable fuel of each batch, as defined in §80.1401. 

(I) The volume of denaturant and applicable equivalence value of each batch. 

(J) The volume of each batch produced. 

(K) The types and volumes of feedstocks used. 

(L) The process(es) and feedstock(s) used and proportion of renewable volume 

attributable to each process and feedstock. 

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

(N) The volume of co-products produced in each quarter. 

(O) A list of the RINs generated and an affirmation that the feedstock(s) used for each 

batch meets the definition of renewable biomass as defined in §80.1401. 

(P) Producers of renewable electricity and biogas used for transportation as described 

in §80.1426(f)(10) and (11), and producers of renewable fuel that use biogas for 

process heat as described in §80.1426(f)(12), shall report the energy content 

produced and supplied to the transportation fueling facility, in units of energy (for 

example, MMBtu or MW) based on metering of gas volume or electricity. And 

the name and EPA company registration number of the transportation fueling 

facility. 
 898

(Q) Producers of renewable fuel that use biogas for process heat as described in 

§80.1426(f)(12), shall identify the supplier of the biogas and report the energy 

content produced and supplied to the renewable fuel facility, in MMBtu based on 

metering of gas volume. 

(R) Producers of renewable fuel made from municipal solid waste as described in 

§80.1426(f)(5)(i)(C), shall report the amount of paper, cardboard, plastics, rubber, 

textiles, metals, and glass separated from municipal solid waste for recycling. 

Reporting shall be in units of weight. 

(S) Any additional information the Administrator may require. 

(2) The RIN transaction reports required under paragraph (c)(1) of this section. 

(3) The RIN activity reports required under paragraph (c)(2) of this section. 

(4) Reports required under this paragraph (b) must be signed and certified as meeting 

all the applicable requirements of this subpart by the owner or a responsible 

corporate officer of the renewable fuel producer or importer. 

(c) All RIN-owning parties. Any party, including any party specified in paragraphs 

(a) and (b) of this section, that owns RINs during a reporting period, must submit 

reports to EPA according to the schedule, and containing all the information, that 

is set forth in this paragraph (c). 

(1)(i) For RIN transactions beginning on July 1, 2010, RIN transaction reports listing 

each RIN transaction shall be submitted according to the schedule in paragraph 

(f)(2) of this section. 
 899

(ii) As per §80.1452, RIN transaction information listing each RIN transaction shall 

be submitted to the EMTS. 

(iii) Each report required by paragraph (c)(1)(i) of this section shall include all of the 

following information: 

(A) The submitting party’s name. 

(B) The submitting party’s EPA company registration number. 

(C) The applicable reporting period. 

(D) Transaction type (i.e., RIN buy, RIN sell, RIN separation, RIN retire, reinstated 

2009 RIN). 

(E) Transaction date. 

(F) For a RIN purchase or sale, the trading partner’s name. 

(G) For a RIN purchase or sale, the trading partner’s EPA company registration 

number. For all other transactions, the submitting party’s EPA company 

registration number. 

(H) RIN subject to the transaction. 

(I) For a RIN purchase or sale, the per gallon RIN price and/or the per gallon price of 

renewable fuel price with RINs included. 

(J) The reason code for retiring RINs, separating RINs, buying RINs, or selling RINs. 

(K) Any additional information that the Administrator may require. 

 (2) RIN activity reports shall be submitted to EPA according to the schedule specified 

in paragraph (f)(2) of this section. Each report shall summarize RIN activities for 

the reporting period, separately for RINs separated from a renewable fuel volume 
 900

and RINs assigned to a renewable fuel volume. The quarterly RIN activity 

reports shall include all of the following information: 

(i) The submitting party’s name. 

(ii) The submitting party’s EPA company registration number. 

(iii) The number of current-year RINs owned at the start of the quarter. 

(iv) The number of prior-year RINs owned at the start of the quarter. 

(v) The total current-year RINs purchased. 

(vi) The total prior-year RINs purchased. 

(vii) The total current-year RINs sold. 

(viii) The total prior-year RINs sold. 

(ix) The total current-year RINs retired. 

(x) The total prior-year RINs retired. 

(xi) The number of current-year RINs owned at the end of the quarter. 

(xii) The number of prior-year RINs owned at the end of the quarter. 

(xiii) The number of RINs generated. 

(xiv) The volume of renewable fuel (in gallons) owned at the end of the quarter. 

(xv) The total 2009 retired RINs reinstated. 

(xvi) Any additional information that the Administrator may require. 

(3) All reports required under this paragraph (c) must be signed and certified as 

meeting all the applicable requirements of this subpart by the RIN owner or a 

responsible corporate officer of the RIN owner. 

 
 901

(d) Except for those producers subject to the aggregate compliance approach 

described in §80.1454(g), producers and RIN-generating importers of renewable 

fuel made from feedstocks that are planted crops and crop residue from existing 

agricultural land, planted trees or tree residue from actively managed tree 

plantations, slash and pre-commercial thinnings from forestlands or biomass 

obtained from areas at risk of wildfire must submit quarterly reports according to 

the schedule in paragraph (f)(2) of this section that include all of the following: 

(1) A summary of the types and volumes of feedstocks used in that quarter. 

(2) Electronic data identifying the land by coordinates of the points defining the 

boundaries from which each type of feedstock listed per paragraph (d)(1) of this 

section was harvested. 

(3) If electronic data identifying a plot of land have been submitted previously, 

producers and RIN-generating importers may submit a cross-reference to that 

electronic data. 

(e) If EPA finds that the 2007 baseline amount of agricultural land has been exceeded 

in any year beginning in 2010, beginning on the first day of July of the following 

calendar year any domestic producers of renewable fuel as defined in §80.1401 

who use planted crops and/or crop residue from existing agricultural lands as 

feedstock must submit quarterly reports according to the schedule in paragraph 

(f)(2) of this section that include all of the following: 

(1) A summary of the types and volumes of feedstocks used in that quarter. 
 902

(2) Maps or electronic data identifying the land from which each type of feedstock 

listed per paragraph (d)(1) above was harvested. 

(i) If maps or electronic data identifying a plot of land have been submitted 

previously, producers and RIN-generating importers may submit a cross-reference 

to that map or electronic data. 

(ii) [Reserved] 

(f) Quarterly report submission deadlines. The submission deadlines for quarterly 

reports shall be as follows: 

(1) [Reserved.] 

(2) Quarterly reports shall be submitted to EPA by the last day of the second month 

following the reporting period (i.e., the report covering January – March would be 

due by May 31st, the report covering April - June would be due by August 31st

, 

the report covering July - September would be due by November 30th and the 

report covering October - December would be due by February 28th). Any reports 

generated by EMTS must be reviewed, supplemented, and/or corrected if not 

complete and accurate, and verified by the owner or responsible corporate office 

prior to submittal. 

(3) Reports required must be signed and certified as meeting all the applicable 

requirements of this subpart by the owner or a responsible corporate officer of the 

submitter. 
 903

(g) All reports required under this section shall be submitted on forms and following 

procedures prescribed by the Administrator. 

§ 80.1452 What are the requirements related to the EPA Moderated 

Transaction System (EMTS)?

(a) Each party required to submit information under this section must establish an 

account with the EPA Moderated Transaction System (EMTS) at least 60 days 

prior to engaging in any RIN transactions, or July 1, 2010, whichever is later. 

(b) Starting July 1, 2010, each time a domestic producer or importer of renewable 

fuel, or foreign renewable fuel producer who generates RINs, produces or imports 

a batch of renewable fuel, all the following information must be submitted to EPA 

via the submitting party’s EMTS account within five (5) business days: 

(1) The renewable fuel producer’s, foreign renewable fuel producer’s, or importer’s 

name. 

(2) The renewable fuel producer’s or foreign renewable fuel producer’s EPA 

company registration number. 

(3) The importer’s EPA company registration number if applicable. 

(4) The renewable fuel producer’s or foreign renewable fuel producer’s EPA facility 

registration number. 

(5) The importer’s EPA facility registration number. 

(6) The RIN type (i.e., D code) of the batch. 

(7) The production process(es) used for the batch. 

(8) The production date of the batch. 
 904

(9) The category of renewable fuel of the batch, as defined in §80.1401. 

(10) The volume of the batch. 

(11) The volume of denaturant and applicable equivalence value of each batch. 

(12) Quantity of RINs generated for the batch. 

(13) The type and volume of feedstock(s) used for the batch. 

(14) An affirmation that the feedstock(s) used for each batch meets the definition of 

renewable biomass as defined in §80.1401. 

(15) The type of co-products produced with the batch of renewable fuel. 

(16) Any additional information the Administrator may require. 

(c) Starting July 1, 2010, each time any party engages in a transaction involving 

RINs, all the following information must be submitted to EPA via the submitting 

party’s EMTS account within five (5) business days: 

(1) The submitting party’s name. 

(2) The submitting party’s EPA company registration number. 

(3) The generation year of the RINs. 

(4) The RIN assignment information (Assigned or Separated). 

(5) The RIN type, or D code. 

(6) Transaction type (i.e., RIN buy, RIN sell, RIN separation, RIN retire). 

(7) Transaction date as per §80.1453(a)(4). 

(8) For a RIN purchase or sale, the trading partner’s name. 

(9) For a RIN purchase or sale, the trading partner’s EPA company registration 

number. 
 905

(10) For an assigned RIN purchase or sale, the renewable fuel volume associated with 

the sale. 

(11) Quantity of RINs involved in a transaction. 

(12) The per gallon RIN price or the per-gallon price of renewable fuel with RINs 

included. 

(13) The reason for retiring RINs, separating RINs, buying RINs, or selling RINs. 

(14) Any additional information that the Administrator may require. 

 (d) All information required under this section shall be submitted on forms and 

following procedures prescribed by the Administrator. 

§ 80.1453 What are the product transfer document (PTD) requirements for the 

RFS program?

(a) On each occasion when any party transfers ownership of renewable fuels or 

separated RINs subject to this subpart, the transferor must provide to the 

transferee documents identifying the renewable fuel and any RINs (whether 

assigned or separated) which include all of the following information, as 

applicable: 

(1) The name and address of the transferor and transferee. 

(2) The transferor’s and transferee’s EPA company registration numbers. 

(3) The volume of renewable fuel that is being transferred, if any. 

(4) The date of the transfer. 
 906

(5) For assigned or separated RINs, the per gallon RIN price or the per gallon 

renewable fuel price if the RIN price is included. 

(6) The quantity of RINs being traded. 

(7) The RIN type (i.e., D code). 

(8) The Assignment Code (Assigned or Separated, or K code = 1 or 2). 

(9) The RIN generation year. 

(10) The associated reason for the sell or buy transaction. 

(11) Whether any RINs are assigned to the volume, as follows: 

(i) If the assigned RINs are being transferred on the same PTD used to transfer 

ownership of the renewable fuel, then the assigned RINs shall be listed on the 

PTD. 

(ii) If the assigned RINs are being transferred on a separate PTD from that which is 

used to transfer ownership of the renewable fuel, then the PTD which is used to 

transfer ownership of the renewable fuel shall state the number of gallon-RINs 

being transferred as well as a unique reference to the PTD which is transferring 

the assigned RINs. 

(iii) If no assigned RINs are being transferred with the renewable fuel, the PTD which 

is used to transfer ownership of the renewable fuel shall state "No assigned RINs 

transferred.". 

(iv) If RINs have been separated from the renewable fuel or blend pursuant to 

§80.1429(b)(4), then all PTDs which are at any time used to transfer ownership of 

the renewable fuel or blend shall state “This volume of fuel must be used in the 

designated form, without further blending.”. 
 907

(b) Except for transfers to truck carriers, retailers, or wholesale purchaser-consumers, 

product codes may be used to convey the information required under paragraphs 

(a)(1) through (a)(11) of this section if such codes are clearly understood by each 

transferee. 

(c) For renewable fuel, other than ethanol, that is not registered as motor vehicle fuel 

under 40 CFR Part 79, the PTD which is used to transfer ownership of the 

renewable fuel shall state "This volume of renewable fuel may not be used as a 

motor vehicle fuel.”. 

§ 80.1454 What are the recordkeeping requirements under the RFS program?

(a) Requirements for obligated parties and exporters. Beginning July 1, 2010, any 

obligated party (as described at §80.1406) or exporter of renewable fuel (as 

described at §80.1401) must keep all of the following records: 

(1) Product transfer documents consistent with §80.1453 and associated with the 

obligated party’s or exporter’s activity, if any, as transferor or transferee of 

renewable fuel or separated RINs. 

(2) Copies of all reports submitted to EPA under §§80.1449 and 80.1451(a), as 

applicable. 

(3) Records related to each RIN transaction, including all the following: 

(i) A list of the RINs owned, purchased, sold, separated, retired, or reinstated. 
 908

(ii) The parties involved in each RIN transaction including the transferor, transferee, 

and any broker or agent. 

(iii) The date of the transfer of the RIN(s). 

(iv) Additional information related to details of the RIN transaction and its terms. 

(4) Records related to the use of RINs (by facility, if applicable) for compliance, 

including all the following: 

(i) Methods and variables used to calculate the Renewable Volume Obligations 

pursuant to §80.1407 or §80.1430. 

(ii) List of RINs used to demonstrate compliance. 

(iii) Additional information related to details of RIN use for compliance. 

(5) Records related to the separation of assigned RINs from renewable fuel volume. 

 (b) Requirements for all producers of renewable fuel. Beginning July 1, 2010, any 

domestic or RIN-generating foreign producer of a renewable fuel as defined in 

§80.1401 must keep all of the following records in addition to those required 

under paragraphs (c) or (d) of this section: 

(1) Product transfer documents consistent with §80.1453 and associated with the 

renewable fuel producer’s activity, if any, as transferor or transferee of renewable 

fuel or separated RINs. 

(2) Copies of all reports submitted to EPA under §§80.1449 and 80.1451(b). 

(3) Records related to the generation and assignment of RINs for each facility, 

including all of the following: 

(i) Batch volume in gallons. 
 909

(ii) Batch number. 

(iii) RIN as assigned under §80.1426, if applicable. 

(iv) Identification of batches by renewable category. 

(v) Type and quantity of co-products produced. 

(vi) Type and quantity of feedstocks used. 

(vii) Type and quantity of fuel used for process heat. 

(viii) Feedstock energy calculations per §80.1426(f)(4). 

(ix) Date of production. 

(x) Results of any laboratory analysis of batch chemical composition or physical 

properties. 

(xi) All commercial documents and additional information related to details of RIN 

generation. 

(4) Records related to each RIN transaction, separately for each transaction, including 

all of the following: 

(i) A list of the RINs owned, purchased, sold, retired, or reinstated. 

(ii) The parties involved in each transaction including the transferor, transferee, and 

any broker or agent. 

(iii) The date of the transfer of the RIN(s). 

(iv) Additional information related to details of the transaction and its terms. 

(5) Records related to the production, importation, ownership, sale or use of any 

volume of renewable fuel for which RINs were generated or blend of renewable 

fuel for which RINs were generated and gasoline or diesel fuel that any party 

designates for use as transportation fuel, jet fuel, or heating oil and the use of the 
 910

fuel or blend as transportation fuel, jet fuel, or heating oil without further 

blending, in the designated form. 

(6) Copies of registration documents required under §80.1450, including information 

on fuels and products, feedstocks, facility production processes, process changes, 

and capacity, energy sources, and a copy of the independent third party 

engineering review submitted to EPA per §80.1450(b)(2). 

(c) Additional requirements for imports of renewable fuel. 

(1) Beginning July 1, 2010, any RIN-generating foreign producer of a renewable fuel 

or RIN-generating importer must keep records of feedstock purchases and 

transfers associated with renewable fuel for which RINs are generated, sufficient 

to verify that feedstocks used are renewable biomass (as defined in §80.1401). 

(i) RIN-generating foreign producers and importers of renewable fuel made from 

feedstocks that are planted crops or crop residue from existing agricultural land, 

planted trees or tree residue from actively managed tree plantations, slash and precommercial thinnings from forestlands or biomass obtained from wildland-urban 

interface must maintain all the following records to verify the location where 

these feedstocks were produced: 

(A) Maps or electronic data indentifying the boundaries of the land where each type 

of feedstock was produced. 

(B) Bills of lading, product transfer documents, or other commercial documents 

showing the quantity of feedstock purchased from each area identified in 

paragraph (c)(1)(i)(A) of this section, and showing each transfer of custody of the 
 911

feedstock from the location where it was produced to the renewable fuel 

production facility. 

(ii)(A) RIN-generating foreign producers and importers of renewable fuel made from 

planted crops or crop residue from existing agricultural land must keep records 

that serve as evidence that the land from which the feedstock was obtained was 

cleared or cultivated prior to December 19, 2007 and actively managed or fallow, 

and nonforested on December 19, 2007. RIN-generating foreign producers or 

importers of renewable fuel made from planted trees or tree residue from actively 

managed tree plantations must keep records that serve as evidence that the land 

from which the feedstock was obtained was cleared prior to December 19, 2007 

and actively managed on December 19, 2007. 

(B) The records must be provided by the feedstock producer, traceable to the land in 

question, and consist of at least one of the following documents: 

(1) Sales records for planted crops or trees, crop or tree residue, or livestock; 

purchasing records for fertilizer, weed control, or reseeding, including seeds, 

seedlings, or other nursery stock. 

(2) A written management plan for agricultural or silvicultural purposes; 

documentation of participation in an agricultural or silvicultural program 

sponsored by a Federal, state, or local government agency. 

(3) Documentation of land management in accordance with an agricultural or 

silvicultural product certification program, an agreement for land management 

consultation with a professional forester that identifies the land in question. 
 912

(4) Evidence of the existence and ongoing maintenance of a road system or other 

physical infrastructure designed and maintained for logging use, together with one 

of the aforementioned documents in this paragraph (c)(1)(ii)(B). 

(iii) RIN-generating foreign producers and importers of renewable fuel made from any 

other type of renewable biomass must have documents from their feedstock 

supplier certifying that the feedstock qualifies as renewable biomass as defined in 

§80.1401, describing the feedstock and identifying the process that was used to 

generate the feedstock. 

(2) Beginning July 1, 2010, any RIN-generating importer of renewable fuel (as 

defined in §80.1401) must keep all of the following records: 

(i) Product transfer documents consistent with §80.1453 and associated with the 

renewable fuel importer’s activity, if any, as transferor or transferee of renewable 

fuel. 

(ii) Copies of all reports submitted to EPA under §§80.1449 and 80.1451(b); 

however, duplicate records are not required. 

(iii) Records related to the generation and assignment of RINs for each facility, 

including all of the following: 

(A) Batch volume in gallons. 

(B) Batch number. 

(C) RIN as assigned under §80.1426. 

(D) Identification of batches by renewable category. 

(E) Type and quantity of feedstocks used. 

(F) Type and quantity of fuel used for process heat. 
 913

(G) Date of import. 

(H) Results of any laboratory analysis of batch chemical composition or physical 

properties. 

(I) The EPA registration number of the foreign renewable fuel producers producing 

the fuel. 

(J) Additional information related to details of RIN generation. 

(iv) Records related to each RIN transaction, including all of the following: 

(A) A list of the RINs owned, purchased, sold, separated, retired, or reinstated. 

(B) The parties involved in each transaction including the transferor, transferee, and 

any broker or agent. 

(C) The date of the transfer of the RIN(s). 

(D) Additional information related to details of the transaction and its terms. 

(v) Copies of registration documents required under §80.1450. 

(vi) Records related to the import of any volume of renewable fuel that the importer 

designates for use as transportation fuel, jet fuel, or heating oil. 

(d) Additional requirements for domestic producers of renewable fuel. Except as 

provided in paragraphs (g) and (h) of this section, beginning July 1, 2010, any 

domestic producer of renewable fuel as defined in §80.1401 that generates RINs 

for such fuel must keep documents associated with feedstock purchases and 

transfers that identify where the feedstocks were produced and are sufficient to 

verify that feedstocks used are renewable biomass (as defined in §80.1401) if 

RINs are generated. 
 914

(1) Domestic producers of renewable fuel made from feedstocks that are planted trees 

or tree residue from actively managed tree plantations, slash and pre-commercial 

thinnings from forestlands or biomass obtained from areas at risk of wildfire must 

maintain all the following records to verify the location where these feedstocks 

were produced: 

(i) Maps or electronic data identifying the boundaries of the land where each type of 

feedstock was produced. 

(ii) Bills of lading, product transfer documents or other commercial documents 

showing the quantity of feedstock purchased from each area identified in 

paragraph (d)(1)(i) of this section, and showing each transfer of custody of the 

feedstock from the location where it was produced to the renewable fuel 

production facility. 

(2) Domestic producers of renewable fuel made from planted trees or tree residue 

from actively managed tree plantations must keep records that serve as evidence 

that the land from which the feedstock was obtained was cleared prior to 

December 19, 2007 and actively managed on December 19, 2007. The records 

must be provided by the feedstock producer and must include at least one of the 

following documents, which must be traceable to the land in question: 

(i) Sales records for planted trees or tree residue. 

(ii) Purchasing records for fertilizer, weed control, or reseeding, including seeds, 

seedlings, or other nursery stock. 

(iii) A written management plan for silvicultural purposes 
 915

(iv) Documentation of participation in a silvicultural program sponsored by a Federal, 

state, or local government agency 

(v) Documentation of land management in accordance with a silvicultural product 

certification program, an agreement for land management consultation with a 

professional forester. 

(vi) Evidence of the existence and ongoing maintenance of a road system or other 

physical infrastructure designed and maintained for logging use, together with one 

of the aforementioned documents. 

(3) Domestic producers of renewable fuel made from any other type of renewable 

biomass must have documents from their feedstock supplier certifying that the 

feedstock qualifies as renewable biomass as defined in §80.1401, describing the 

feedstock and identifying the process that was used to generate the feedstock. 

(e) Additional requirements for producers of fuel exempt from the 20% GHG 

reduction requirement. Beginning July 1, 2010, any production facility with a 

baseline volume of fuel that is not subject to the 20% GHG threshold, pursuant to 

§80.1403(c) and (d), must keep all of the following: 

(1) Detailed engineering plans for the facility. 

(2) Federal, State, and local (or foreign governmental) preconstruction approvals and 

permitting. 

(3) Procurement and construction contracts and agreements. 
 916

(f) Requirements for other parties that own RINs. Beginning July 1, 2010, any party, 

other than those parties covered in paragraphs (a) and (b) of this section, that 

owns RINs must keep all of the following records: 

(1) Product transfer documents consistent with §80.1453 and associated with the 

party’s activity, if any, as transferor or transferee of renewable fuel or separated 

RINs. 

(2) Copies of all reports submitted to EPA under §80.1451(c). 

(3) Records related to each RIN transaction by renewable fuel category, including all 

of the following: 

(i) A list of the RINs owned, purchased, sold, retired, or reinstated. 

(ii) The parties involved in each RIN transaction including the transferor, transferee, 

and any broker or agent. 

(iii) The date of the transfer of the RIN(s). 

(iv) Additional information related to details of the transaction and its terms. 

(4) Records related to any volume of renewable fuel that the party designated for use 

as transportation fuel, jet fuel, or heating oil and from which RINs were separated 

pursuant to §80.1429(b)(4). 

(g) Aggregate compliance with renewable biomass requirement. Any domestic 

producer of renewable fuel made from planted crops or crop residue from existing 

agricultural land as defined in §80.1401 is subject to the aggregate compliance 

approach and is not required to maintain feedstock records unless EPA publishes 

a finding that the 2007 baseline amount of agricultural land has been exceeded. 
 917

(1) EPA will make a finding concerning whether the 2007 baseline amount of 

agricultural land has been exceeded and will publish this finding in the Federal 

Register by November 30 of the year preceding the compliance period. 

(2) If EPA finds that the 2007 baseline amount of agricultural land has been 

exceeded, beginning on the first day of July of the compliance period in question 

any domestic producer of renewable fuel made from planted crops and/or crop 

residue from agricultural lands as feedstock for renewable fuel for which RINs are 

generated must keep all the following records: 

(i) Records that serve as evidence that the land from which the feedstock was 

obtained was cleared or cultivated prior to December 19, 2007 and actively 

managed or fallow, and nonforested on December 19, 2007. The records must be 

provided by the feedstock producer and must include at least one of the following 

documents, which must be traceable to the land in question: 

(A) Sales records for planted crops, crop residue or livestock. 

(B) Purchasing records for fertilizer, weed control, seeds, seedlings, or other nursery 

stock. 

(C) A written management plan for agricultural purposes. 

(D) Documentation of participation in an agricultural program sponsored by a 

Federal, state, or local government agency. 

(E) Documentation of land management in accordance with an agricultural product 

certification program. 

(ii) Records to verify the location where the feedstocks were produced: 
 918

(A) Maps or electronic data indentifying the boundaries of the land where each type 

of feedstock was produced; and 

(B) Bills of lading, product transfer documents or other commercial documents 

showing the quantity of feedstock purchased from each area identified in 

paragraph (c)(1)(i)(A) of this section, and showing each transfer of custody of the 

feedstock from the location where it was produced to the renewable fuel facility. 

(h) Alternative renewable biomass tracking requirement. Any foreign or domestic 

renewable fuel producer or importer as defined in §80.1401 may comply with the 

following alternative renewable biomass tracking requirement instead of the 

recordkeeping requirements in paragraphs (c)(1), (d), and (g) of this section: 

(1) To comply with the alternative renewable biomass tracking requirement under 

this paragraph (h), a renewable fuel producer or importer must either arrange to 

have an independent third party conduct a comprehensive program of annual 

compliance surveys, or participate in the funding of an organization which 

arranged to have an independent third party conduct a comprehensive program of 

annual compliance surveys, to be carried out in accordance with a survey plan 

which has been approved by EPA. 

(2) The annual compliance surveys under this paragraph (h) must be all the 

following: 

(i) Planned and conducted by an independent surveyor that meets the requirements in 

§80.68(c)(13)(i). 
 919

(ii) Conducted at renewable fuel production and import facilities and their feedstock 

suppliers. 

(iii) Representative of all renewable fuel producers and importers in the survey area 

and representative of their feedstock suppliers. 

(iv) Designed to achieve at least the same level of quality assurance required in 

paragraphs (c)(1), (d) and (g) of this section. 

(3) The compliance survey program shall require the independent surveyor 

conducting the surveys to do all the following: 

(i) Conduct feedstock audits of renewable fuel production and import facilities in 

accordance with the survey plan approved under this paragraph (h), or 

immediately notify EPA of any refusal of these facilities to allow an audit to be 

conducted. 

(ii) Obtain the records and product transfer documents associated with the feedstocks 

being audited. 

(iii) Determine the feedstock supplier(s) that supplied the feedstocks to the renewable 

fuel producer. 

(iv) Confirm that feedstocks used to produce RIN-generating renewable fuels meet the 

definition of renewable biomass as defined in §80.1401. 

(v) Immediately notify EPA of any case where the feedstocks do not meet the 

definition of renewable biomass as defined in §80.1401. 

(vi) Immediately notify EPA of any instances where a renewable fuel producer, 

importer or feedstock supplier subject to review under the approved plan fails to 

cooperate in the manner described in this section. 
 920

(vii) Submit to EPA a report of each survey, within thirty days following the 

completion of each survey, such report to include all the following information: 

(A) The identification of the person who conducted the survey. 

(B) An attestation by the officer of the surveyor company that the survey was 

conducted in accordance with the survey plan and the survey results are accurate. 

(C) Identification of the parties for whom the survey was conducted. 

(D) Identification of the covered area surveyed. 

(E) The dates on which the survey was conducted. 

(F) The address of each facility at which the survey audit was conducted and the date 

of the audit. 

(G) A description of the methodology used to select the locations for survey audits 

and the number of audits conducted. 

(viii) Maintain all records relating to the survey audits conducted under this section (h) 

for a period of at least 5 years. 

(ix) At any time permit any representative of EPA to monitor the conduct of the 

surveys, including observing audits, reviewing records, and analysis of the audit 

results. 

(4) A survey plan under this section (h) must include all the following: 

(i) Identification of the parties for whom the survey is to be conducted. 

(ii) Identification of the independent surveyor. 

(iii) A methodology for determining all the following: 

(A) When the audits will be conducted. 

(B) The audit locations. 
 921

(C) The number of audits to be conducted during the annual compliance period. 

(iv) Any other elements determined by EPA to be necessary to achieve the level of 

quality assurance required under paragraphs (c)(1), (d), and (g) of this section. 

(5)(i) Each renewable fuel producer and importer who participates in the alternative 

renewable biomass tracking under this section (h) must take all reasonable steps 

to ensure that each feedstock producer, aggregator, distributor, or supplier 

cooperates with this program by allowing the independent surveyor to audit their 

facility and by providing to the independent surveyor and/or EPA, upon request, 

copies of management plans, product transfer documents, and other records or 

information regarding the source of any feedstocks received. 

(ii) Reasonable steps under paragraph (h)(5)(i) of this section must include, but 

typically should not be limited to: contractual agreements with feedstock 

producers, aggregators, distributors, and suppliers, which require them to 

cooperate with the independent surveyor and/or EPA in the manner described in 

paragraph (h)(5)(i) of this section. 

(6) The procedure for obtaining EPA approval of a survey plan under this paragraph 

(h), and for revocation of any such approval, are as follows: 

(i) A detailed survey plan which complies with the requirements of this paragraph (h) 

must be submitted to EPA, no later than September 1 of the year preceding the 

calendar year in which the surveys will be conducted. 

(ii) The survey plan must be signed by a responsible corporate officer of the 

renewable fuel producer or importer, or responsible officer of the organization 
 922

which arranges to have an independent surveyor conduct a program of renewable 

biomass compliance surveys, as applicable. 

(iii) The survey plan must be sent to the following address: Director, Compliance and 

Innovative Strategies Division, U.S. Environmental Protection Agency, 1200 

Pennsylvania Ave., NW (6406J), Washington, DC 20460. 

(iv) EPA will send a letter to the party submitting a survey plan under this section, 

either approving or disapproving the survey plan. 

(v) EPA may revoke any approval of a survey plan under this section for cause, 

including an EPA determination that the approved survey plan had proved 

inadequate in practice or that it was not diligently implemented. 

(vi) The approving official for an alternative quality assurance program under this 

section is the Director of the Compliance and Innovative Strategies Division, 

Office of Transportation and Air Quality. 

(vii) Any notifications required under this paragraph (h) must be directed to the officer 

designated in paragraph (h)(6)(vi) of this section. 

(7)(i) No later than December 1 of the year preceding the year in which the surveys will 

be conducted, the contract with the independent surveyor shall be in effect, and an 

amount of money necessary to carry out the entire survey plan shall be paid to the 

independent surveyor or placed into an escrow account with instructions to the 

escrow agent to pay the money to the independent surveyor during the course of 

the conduct of the survey plan. 

(ii) No later than December 15 of the year preceding the year in which the surveys 

will be conducted, EPA must receive a copy of the contract with the independent 
 923

surveyor, proof that the money necessary to carry out the survey plan has either 

been paid to the independent surveyor or placed into an escrow account, and, if 

placed into an escrow account, a copy of the escrow agreement, to be sent to the 

official designated in paragraph (h)(6)(iii) of this section. 

(8) A failure of any renewable fuel producers or importer to fulfill or cause to be 

fulfilled any of the requirements of this paragraph (h) will cause the option for 

such party to use the alternative quality assurance requirements under this 

paragraph (h) to be void ab initio. 

(i) Beginning July 1, 2010, all parties must keep transaction information sent to 

EMTS in addition to other records required under this section. 

(j) A renewable fuel producer that produces fuel from separated yard and food waste 

as described in §80.1426(f)(5)(i)(A) and (B) and separated municipal waste as 

described in §80.1426(f)(5)(i)(C) shall keep all the following additional records: 

(1) For separated yard and food waste as described in §80.1426(f)(5)(i)(A) and (B): 

(i) Documents demonstrating the amounts, by weight, purchased of separated yard 

and food waste for use as a feedstock in producing renewable fuel. 

(ii) Such other records as may be requested by the Administrator. 

(2) For separated municipal solid waste as described in §80.1426(f)(5)(i)(C): 

(i) Contracts and documents memorializing the sale of paper, cardboard, plastics, 

rubber, textiles, metals, and glass separated from municipal solid waste for 

recycling. 
 924

(ii) Documents demonstrating the amounts by weight purchased of post-recycled 

separated yard and food waste for use as a feedstock in producing renewable fuel. 

(iii) Such other records as may be requested by the Administrator. 

(k) A renewable fuel producer that generates RINs for biogas or electricity produced 

from renewable biomass (renewable electricity) for fuels that are used for 

transportation pursuant to §80.1426(f)(10) and (11), or that uses process heat from 

biogas to generate RINs for renewable fuel pursuant to §80.1426(f)(12) shall keep 

all of the following additional records: 

(1) Contracts and documents memorializing the sale of biogas or renewable 

electricity for use as transportation fuel relied upon in §80.1426(f)(10), 

§80.1426(f)(11), or for use of biogas for use as process heat to make renewable 

fuel as relied upon in §80.1426(f)(12), and the transfer of title of the biogas or 

renewable electricity and all associated environmental attributes from the point of 

generation to the transportation fueling facility. 

(2) Documents demonstrating the volume and energy content of biogas, or energy 

content of renewable electricity relied upon under §80.1426(f)(10) that was 

delivered to the transportation fueling facility. 

(3) Documents demonstrating the volume and energy content of biogas, or energy 

content of renewable electricity relied upon under §80.1426(f)(11) or biogas 

relied upon under §80.1426(f)(12) that was placed into the common carrier 

pipeline (for biogas) or transmission line (for renewable electricity). 
 925

(4) Documents demonstrating the volume and energy content of biogas, or energy 

content of renewable electricity relied upon under §80.1426(f)(12) at the point of 

distribution. 

(5) Affidavits from the biogas, or renewable electricity producer and all parties that 

held title to the biogas or renewable electricity confirming that title and 

environmental attributes of to the biogas or renewable electricity relied upon 

under §80.1426(f)(10) and (11) or biogas relied upon under §80.1426(f)(12) were 

delivered to the transportation fueling facility and only to the transportation 

fueling facility. The renewable fuel producer shall create and/or obtain these 

affidavits at least once per calendar quarter. 

(6) The biogas or renewable electricity producer’s Compliance Certification required 

under Title V of the Clean Air Act. 

(7) Such other records as may be requested by the Administrator. 

(l) The records required under paragraphs (a) through (d) and (f) through (k) of this 

section and under §80.1453 shall be kept for five years from the date they were 

created, except that records related to transactions involving RINs shall be kept 

for five years from the date of the RIN transaction. 

(m) The records required under paragraph (e) of this section shall be kept through 

calendar year 2022. 
 926

(n) On request by EPA, the records required under this section and under §80.1453 

must be made available to the Administrator or the Administrator’s authorized 

representative. For records that are electronically generated or maintained, the 

equipment or software necessary to read the records shall be made available; or, if 

requested by EPA, electronic records shall be converted to paper documents. 

(o) The records required in paragraphs (b)(3) and (c)(1) of this section must be 

transferred with any renewable fuel sent to the importer of that renewable fuel by 

any foreign producer not generating RINs for his renewable fuel. 

(p) Copies of all reports required under §80.1464. 

§ 80.1455 What are the small volume provisions for renewable fuel production 

facilities and importers? 

(a) Standard volume threshold. Renewable fuel production facilities located within 

the United States that produce less than 10,000 gallons of renewable fuel each 

year, and importers who import less than 10,000 gallons of renewable fuel each 

year, are not subject to the requirements of §80.1426(a) and (e) related to the 

generation and assignment of RINs or to batches of renewable fuel. Except as 

stated in paragraph (b) of this section, such production facilities and importers 

that do not generate and/or assign RINs to batches of renewable fuel are also 

exempt from all the following requirements of this subpart: 

(1) The registration requirements of §80.1450. 
 927

(2) The reporting requirements of §80.1451. 

(3) The EMTS requirements of §80.1452. 

(4) The recordkeeping requirements of §80.1454. 

(5) The attest engagement requirements of §80.1464. 

(6) The production outlook report requirements of §80.1449. 

(b)(1) Renewable fuel production facilities and importers who produce or import less 

than 10,000 gallons of renewable fuel each year and that generate and/or assign 

RINs to batches of renewable fuel are subject to the provisions of §§ 80.1426, 

80.1449 through 80.1452, 80.1454, and 80.1464. 

(2) Renewable fuel production facilities and importers who produce or import less 

than 10,000 gallons of renewable fuel each year but wish to own RINs will be 

subject to all requirements stated in paragraphs (a)(1) through (a)(6) and (b)(1) of 

this section, and all other applicable requirements of this subpart M. 

(c) Temporary volume threshold. Renewable fuel production facilities located within 

the United States that produce less than 125,000 gallons of renewable fuel each 

year are not subject to the requirements of §80.1426(a) and (e) related to the 

generation and assignment of RINs to batches of renewable fuel for up to three 

years, beginning with the calendar year in which the production facility produces 

its first gallon of renewable fuel. Except as stated in paragraph (d) of this section, 

such production facilities that do not generate and/or assign RINs to batches of 
 928

renewable fuel are also exempt from all the following requirements of this subpart 

for a maximum of three years: 

(1) The registration requirements of §80.1450. 

(2) The reporting requirements of §80.1451. 

(3) The EMTS requirements of §80.1452. 

(4) The recordkeeping requirements of §80.1454. 

(5) The attest engagement requirements of §80.1464. 

(6) The production outlook report requirements of §80.1449. 

(d)(1) Renewable fuel production facilities who produce less than 125,000 gallons of 

renewable fuel each year and that generate and/or assign RINs to batches of 

renewable fuel are subject to the provisions of §§ 80.1426, 80.1449 through 

80.1452, 80.1454, and 80.1464. 

(2) Renewable fuel production facilities who produce less than 125,000 gallons of 

renewable fuel each year but wish to own RINs will be subject to all requirements 

stated in paragraphs (c)(1) through (c)(6) and (d)(1) of this section, and all other 

applicable requirements of this subpart M. 

§ 80.1456 What are the provisions for cellulosic biofuel waiver credits? 

(a) If EPA reduces the applicable volume of cellulosic biofuel pursuant to section 

211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)) for any given 

compliance year, then EPA will provide cellulosic biofuel waiver credits for 

purchase for that compliance year. 
 929

(1) The price of these cellulosic biofuel waiver credits will be set by EPA on an 

annual basis in accordance with paragraph (d) of this section. 

(2) The total cellulosic biofuel waiver credits available will be equal to the reduced 

cellulosic biofuel volume established by EPA for the compliance year. 

(b) Use of cellulosic biofuel waiver credits.

(1) Cellulosic biofuel waiver credits are only valid for use in the compliance year that 

they are made available. 

(2) Cellulosic biofuel waiver credits are nonrefundable. 

(3) Cellulosic biofuel waiver credits are nontransferable. 

(4) Cellulosic biofuel waiver credits may only be used for an obligated party’s current 

year cellulosic biofuel RVO and not towards any prior year deficit cellulosic 

biofuel volume obligations. 

(c) Purchase of cellulosic biofuel waiver credits.

(1) Only parties with an RVO for cellulosic biofuel may purchase cellulosic biofuel 

waiver credits. 

(2) Cellulosic biofuel waiver credits shall be purchased from EPA at the time that a 

party submits its annual compliance report to EPA pursuant to §80.1451(a)(1). 

(3) Parties may not purchase more cellulosic biofuel waiver credits than their current 

year cellulosic biofuel RVO minus cellulosic biofuel RINs with a D code of 3 that 

they own. 
 930

(4) Cellulosic biofuel waiver credits may only be used to meet an obligated party’s 

cellulosic biofuel RVO. 

(d) Setting the price of cellulosic biofuel waiver credits.

(1) The price for cellulosic biofuel waiver credits shall be set equal to the greater of: 

(i) $0.25 per cellulosic biofuel waiver credit, adjusted for inflation in comparison to 

calendar year 2008; or 

(ii) $3.00 less the wholesale price of gasoline per cellulosic biofuel waiver credit, 

adjusted for inflation in comparison to calendar year 2008. 

(2) The wholesale price of gasoline will be calculated by averaging the most recent 

twelve monthly values for U.S. Total Gasoline Bulk Sales (Price) by Refiners as 

provided by the Energy Information Administration that are available as of 

September 30 of the year preceding the compliance period. 

(3) The inflation adjustment will be calculated by comparing the most recent 

Consumer Price Index for All Urban Consumers (CPI-U) for All Items 

expenditure category as provided by the Bureau of Labor Statistics that is 

available at the time EPA sets the cellulosic biofuel standard to the most recent 

comparable value reported after December 31, 2008. When EPA must set the 

price of cellulosic biofuel waiver credits for a compliance year, EPA will 

calculate the new amounts for paragraphs (d)(1)(i) and (ii) of this section for each 

year after 2008 and every month where data is available for the year preceding the 

compliance period at the time EPA sets the cellulosic biofuel standard. 
 931

(e) Cellulosic biofuel waiver credits under this section will only be able to be 

purchased on forms and following procedures prescribed by EPA. 

§§ 80.1457-80.1459 [Reserved] 

§ 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 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: 
 932

(1) Fail to acquire sufficient RINs, or use invalid RINs, to meet the person’s RVOs 

under §80.1427. 

(2) Fail to acquire sufficient RINs to meet the person’s RVOs under §80.1430. 

(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. 

§ 80.1461 Who is liable for violations under the RFS program?

(a) Liability for violations of prohibited acts.

(1) Any person who violates a prohibition under §80.1460(a) through (d) is liable for 

the violation of that prohibition. 

(2) Any person who causes another person to violate a prohibition under §80.1460(a) 

through (d) is liable for a violation of §80.1460(e). 
 933

(b) Liability for failure to meet other provisions of this subpart.

(1) Any person who fails to meet a requirement of any provision of this subpart is 

liable for a violation of that provision. 

(2) Any person who causes another person to fail to meet a requirement of any 

provision of this subpart is liable for causing a violation of that provision. 

(c) Parent corporation liability. Any parent corporation is liable for any violation of 

this subpart that is committed by any of its subsidiaries. 

(d) Joint venture liability. Each partner to a joint venture is jointly and severally 

liable for any violation of this subpart that is committed by the joint venture 

operation. 

§ 80.1462 [Reserved] 

§ 80.1463 What penalties apply under the RFS program?

(a) Any person who is liable for a violation under §80.1461 is subject a to civil 

penalty as specified in sections 205 and 211(d) of the Clean Air Act, for every day 

of each such violation and the amount of economic benefit or savings resulting 

from each violation. 
 934

(b) Any person liable under §80.1461(a) for a violation of §80.1460(c) for failure to 

meet its RVOs, or §80.1460(e) for causing another person to fail to meet their 

RVOs, during any averaging period, is subject to a separate day of violation for 

each day in the averaging period. 

(c) Any person liable under §80.1461(b) for failure to meet, or causing a failure to 

meet, a requirement of any provision of this subpart is liable for a separate day of 

violation for each day such a requirement remains unfulfilled. 

§ 80.1464 What are the attest engagement requirements under the RFS 

program?

The requirements regarding annual attest engagements in §§80.125 through 80.127, and 

80.130, also apply to any attest engagement procedures required under this subpart M. In 

addition to any other applicable attest engagement procedures, such as the requirements 

in §§80.1465 and 80.1466, the following annual attest engagement procedures are 

required under this subpart. 

(a) Obligated parties and exporters. The following attest procedures shall be 

completed for any obligated party as stated in §80.1406(a) or exporter of 

renewable fuel: 

(1) Annual compliance demonstration report.

(i) Obtain and read a copy of the annual compliance demonstration report required 

under §80.1451(a)(1) which contains information regarding all the following: 
 935

(A) The obligated party’s volume of all products listed in §80.1407(c) and (e), or the 

exporter’s volume of each category of exported renewable fuel identified in 

§80.1430 (b)(1)(i), (b)(1)(ii), (b)(2)(i), and (b)(2)(ii). 

(B) RVOs. 

(C) RINs used for compliance. 

(ii) Obtain documentation of any volumes of renewable fuel used in products listed in 

§80.1407(c) and (e) at the refinery or import facility or exported during the 

reporting year; compute and report as a finding the total volumes of renewable 

fuel represented in these documents. 

(iii) For obligated parties, compare the volumes of products listed in §80.1407(c) and 

(e) reported to EPA in the report required under §80.1451(a)(1) with the volumes, 

excluding any renewable fuel volumes, contained in the inventory reconciliation 

analysis under §80.133 and the volume of non-renewable diesel produced or 

imported. Verify that the volumes reported to EPA agree with the volumes in the 

inventory reconciliation analysis and the volumes of non-renewable diesel 

produced or imported, and report as a finding any exception. 

(iv) For exporters, perform all of the following: 

(A) Obtain the database, spreadsheet, or other documentation that the exporter 

maintains for purposes for all exported renewable fuel. 

(B) Compare the volume of products identified in these documents with the volumes 

reported to EPA. 
 936

(C) Verify that the volumes reported to EPA agree with the volumes identified in the 

database, spreadsheet, or other documentation, and report as a finding any 

exception. 

(v) Compute and report as a finding the obligated party’s or exporter’s RVOs, and 

any deficit RVOs carried over from the previous year or carried into the 

subsequent year, and verify that the values agree with the values reported to EPA. 

(vi) Obtain the database, spreadsheet, or other documentation for all RINs by type of 

renewable fuel used for compliance during the year being reviewed; calculate the 

total number of RINs associated with each type of renewable fuel used for 

compliance by year of generation represented in these documents; state whether 

this information agrees with the report to EPA and report as a finding any 

exceptions. 

(vii) For exporters, perform all the following: 

(A) Select sample batches in accordance with the guidelines in §80.127 from each 

separate category of renewable fuel exported and identified in §80.1451(a). 

(B) Obtain invoices, bills of lading and other documentation for the representative 

samples. Calculate the RVO for the exported fuel, state whether this information 

agrees with the report to EPA and report as a finding any exception. 

(C) State whether any of these documents refer to the exported fuel as advanced 

biofuel or cellulosic biofuel, and report as a finding whether or not the exporter 

calculated an advanced biofuel or cellulosic biofuel RVO for these fuels pursuant 

to §80.1430(b)(2)(i) or (ii). 

(2) RIN transaction reports.
 937

(i) Obtain and read copies of a representative sample, selected in accordance with the 

guidelines in §80.127, of each RIN transaction type (RINs purchased, RINs sold, 

RINs retired, RINs reinstated) included in the RIN transaction reports required 

under §80.1451(a)(2) for the compliance year. 

(ii) Obtain contracts, invoices, or other documentation for the representative samples 

of RIN transactions; compute the transaction types, transaction dates, and RINs 

traded; state whether the information agrees with the party’s reports to EPA and 

report as a finding any exceptions. 

(3) RIN activity reports.

(i) Obtain and read copies of all quarterly RIN activity reports required under 

§80.1451(a)(3) for the compliance year. 

(ii) Obtain the database, spreadsheet, or other documentation used to generate the 

information in the RIN activity reports; compare the RIN transaction samples 

reviewed under paragraph (a)(2) of this section with the corresponding entries in 

the database or spreadsheet and report as a finding any discrepancies; compute 

the total number of current-year and prior-year RINs owned at the start and end of 

each quarter, purchased, sold, retired and reinstated, and for parties that reported 

RIN activity for RINs assigned to a volume of renewable fuel, the volume and 

type of renewable fuel (as defined in §80.1401) of renewable fuel owned at the 

end of each quarter; as represented in these documents; and state whether this 

information agrees with the party’s reports to EPA. 
 938

(b) Renewable fuel producers and RIN-generating importers. The following attest 

procedures shall be completed for any RIN-generating renewable fuel producer or 

importer: 

(1) RIN generation reports. 

(i) Obtain and read copies of the reports required under §80.1451(b)(1), (e), and (d) 

for the compliance year. 

(ii) Obtain production data for each renewable fuel batch by type of renewable fuel 

that was produced or imported during the year being reviewed; compute the RIN 

numbers, production dates, types, volumes of denaturant and applicable 

equivalence values, and production volumes for each batch; report the total RINs 

generated during the year being reviewed; and state whether this information 

agrees with the party’s reports to EPA. Report as a finding any exceptions. 

(iii) Verify that the proper number of RINs were generated and assigned pursuant to 

the requirements of §80.1426 for each batch of renewable fuel produced or 

imported. 

(iv) Obtain product transfer documents for a representative sample, selected in 

accordance with the guidelines in §80.127, of renewable fuel batches produced or 

imported during the year being reviewed; verify that the product transfer 

documents contain the applicable information required under §80.1453; verify the 

accuracy of the information contained in the product transfer documents; report as 

a finding any product transfer document that does not contain the applicable 

information required under §80.1453. 
 939

(v)(A) Obtain documentation, as required under §80.1451(b), (d), and (e) associated with 

feedstock purchases for a representative sample, selected in accordance with the 

guidelines in §80.127, of renewable fuel batches produced or imported during the 

year being reviewed. 

(B) Verify that feedstocks were properly identified in the reports and met the 

definition of renewable biomass in §80.1401. 

(2) RIN transaction reports. 

(i) Obtain and read copies of a representative sample, selected in accordance with the 

guidelines in §80.127, of each transaction type (RINs purchased, RINs sold, RINs 

retired, RINs reinstated) included in the RIN transaction reports required under 

§80.1451(b)(2) for the compliance year. 

(ii) Obtain contracts, invoices, or other documentation for the representative samples 

of RIN transactions; compute the transaction types, transaction dates, and the 

RINs traded; state whether this information agrees with the party’s reports to EPA 

and report as a finding any exceptions. 

(3) RIN activity reports. 

(i) Obtain and read copies of the quarterly RIN activity reports required under 

§80.1451(b)(3) for the compliance year. 

(ii) Obtain the database, spreadsheet, or other documentation used to generate the 

information in the RIN activity reports; compare the RIN transaction samples 

reviewed under paragraph (b)(2) of this section with the corresponding entries in 

the database or spreadsheet and report as a finding any discrepancies; report the 

total number of each RIN generated during each quarter and compute and report 
 940

the total number of current-year and prior-year RINs owned at the start and end of 

each quarter, purchased, sold, retired and reinstated, and for parties that reported 

RIN activity for RINs assigned to a volume of renewable fuel, the volume of 

renewable fuel owned at the end of each quarter, as represented in these 

documents; and state whether this information agrees with the party’s reports to 

EPA. 

(4) Independent Third Party Engineering Review.

(i) Obtain documentation of independent third party engineering reviews required 

under §80.1450(b)(2). 

(ii) Review and verify the written verification and records generated as part of the 

independent third party engineering review. 

(c) Other parties owning RINs. The following attest procedures shall be completed 

for any party other than an obligated party or renewable fuel producer or importer 

that owns any RINs during a calendar year: 

(1) RIN transaction reports. 

(i) Obtain and read copies of a representative sample, selected in accordance with the 

guidelines in §80.127, of each RIN transaction type (RINs purchased, RINs sold, 

RINs retired, RINs separated, RINs reinstated) included in the RIN transaction 

reports required under §80.1451(c)(1) for the compliance year. 

(ii) Obtain contracts, invoices, or other documentation for the representative samples 

of RIN transactions; compute the transaction types, transaction dates, and the 
 941

RINs traded; state whether this information agrees with the party’s reports to EPA 

and report as a finding any exceptions. 

(2) RIN activity reports. 

(i) Obtain and read copies of the quarterly RIN activity reports required under 

§80.1451(c)(2) for the compliance year. 

(ii) Obtain the database, spreadsheet, or other documentation used to generate the 

information in the RIN activity reports; compare the RIN transaction samples 

reviewed under paragraph (c)(1) of this section with the corresponding entries in 

the database or spreadsheet and report as a finding any discrepancies; compute the 

total number of current-year and prior-year RINs owned at the start and end of 

each quarter, purchased, sold, retired separated, and reinstated and for parties that 

reported RIN activity for RINs assigned to a volume of renewable fuel, the 

volume of renewable fuel owned at the end of each quarter, as represented in 

these documents; and state whether this information agrees with the party’s 

reports to EPA. 

(d) For each compliance year, each party subject to the attest engagement 

requirements under this section shall cause the reports required under this section 

to be submitted to EPA by May 31 of the year following the compliance year. 

(e) The party conducting the procedures under this section shall obtain a written 

representation from a company representative that the copies of the reports 
 942

required under this section are complete and accurate copies of the reports filed 

with EPA. 

(f) The party conducting the procedures under this section shall identify and report as 

a finding the commercial computer program used by the party to track the data 

required by the regulations in this subpart, if any. 

§ 80.1465 What are the additional requirements under this subpart for foreign 

small refiners, foreign small refineries, and importers of RFSFRFUEL?

(a) Definitions. The following additional definitions apply for this subpart: 

(1) Foreign refinery is a refinery that is located outside the United States, the 

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, 

and the Commonwealth of the Northern Mariana Islands (collectively referred to 

in this section as ‘‘the United States’’). 

(2) Foreign refiner is a person that meets the definition of refiner under §80.2(i) for a 

foreign refinery. 

(3) Foreign small refinery is a foreign refinery that has received a small refinery 

exemption under §80.1441. 

(4) Foreign small refiner is a foreign refiner that has received a small refiner 

exemption under §80.1442. 
 943

(5) RFS-FRFUEL is transportation fuel produced at a foreign refinery that has 

received a small refinery exemption under §80.1441 or by a foreign refiner with a 

small refiner exemption under §80.1442. 

(6) Non-RFS-FRFUEL is one of the following: 

(i) Transportation fuel produced at a foreign refinery that has received a small 

refinery exemption under §80.1441 or by a foreign refiner with a small refiner 

exemption under §80.1442. 

(ii) Transportation fuel produced at a foreign refinery that has not received a small 

refinery exemption under §80.1441 or by a foreign refiner that has not received a 

small refiner exemption under §80.1442. 

(b) General requirements for RFS-FRFUEL for foreign small refineries and small 

refiners. A foreign refiner must do all the following: 

(1) Designate, at the time of production, each batch of transportation fuel produced at 

the foreign refinery that is exported for use in the United States as RFS-FRFUEL. 

(2) Meet all requirements that apply to refiners who have received a small refinery or 

small refiner exemption under this subpart. 

(c) Designation, foreign small refiner certification, and product transfer documents. 

(1) Any foreign small refiner must designate each batch of RFS-FRFUEL as such at 

the time the transportation fuel is produced. 

(2) On each occasion when RFS-FRFUEL is loaded onto a vessel or other 

transportation mode for transport to the United States, the foreign small refiner 
 944

shall prepare a certification for each batch of RFS-FRFUEL that meets all the 

following requirements: 

(i) The certification shall include the report of the independent third party under 

paragraph (d) of this section, and all the following additional information: 

(A) The name and EPA registration number of the refinery that produced the RFSFRFUEL. 

(B) [Reserved] 

(ii) The identification of the transportation fuel as RFS-FRFUEL. 

(iii) The volume of RFS-FRFUEL being transported, in gallons. 

(3) On each occasion when any person transfers custody or title to any RFS-FRFUEL 

prior to its being imported into the United States, it must include all the following 

information as part of the product transfer document information: 

(i) Designation of the transportation fuel as RFS-FRFUEL. 

(ii) The certification required under paragraph (c)(2) of this section. 

(d) Load port independent testing and refinery identification. 

(1) On each occasion that RFS-FRFUEL is loaded onto a vessel for transport to the 

United States the foreign small refiner shall have an independent third party do all 

the following: 

(i) Inspect the vessel prior to loading and determine the volume of any tank bottoms. 

(ii) Determine the temperature-corrected volume of RFS-FRFUEL loaded onto the 

vessel (exclusive of any tank bottoms before loading). 

(iii) Obtain the EPA-assigned registration number of the foreign refinery. 
 945

(iv) Determine the name and country of registration of the vessel used to transport the 

RFS-FRFUEL to the United States. 

(v) Determine the date and time the vessel departs the port serving the foreign 

refinery. 

(vi) Review original documents that reflect movement and storage of the RFSFRFUEL from the foreign refinery to the load port, and from this review 

determine: 

(A) The refinery at which the RFS-FRFUEL was produced; and 

(B) That the RFS-FRFUEL remained segregated from Non-RFS-FRFUEL and other 

RFS-FRFUEL produced at a different refinery. 

(2) The independent third party shall submit a report to all the following: 

(i) The foreign small refiner or owner of the foreign small refinery, containing the 

information required under paragraph (d)(1) of this section, to accompany the 

product transfer documents for the vessel. 

(ii) The Administrator, containing the information required under paragraph (d)(1) of 

this section, within thirty days following the date of the independent third party’s 

inspection. This report shall include a description of the method used to determine 

the identity of the refinery at which the transportation fuel was produced, 

assurance that the transportation fuel remained segregated as specified in 

paragraph (j)(1) of this section, and a description of the transportation fuel’s 

movement and storage between production at the source refinery and vessel 

loading. 

(3) The independent third party must do all the following: 
 946

(i) Be approved in advance by EPA, based on a demonstration of ability to perform 

the procedures required in this paragraph (d). 

(ii) Be independent under the criteria specified in §80.65(f)(2)(iii). 

(iii) Sign a commitment that contains the provisions specified in paragraph (f) of this 

section with regard to activities, facilities, and documents relevant to compliance 

with the requirements of this paragraph (d). 

(e) Comparison of load port and port of entry testing. 

(1)(i) Any foreign small refiner or foreign small refinery and any United States importer 

of RFS-FRFUEL shall compare the results from the load port testing under 

paragraph (d) of this section, with the port of entry testing as reported under 

paragraph (k) of this section, for the volume of transportation fuel, except as 

specified in paragraph (e)(1)(ii) of this section. 

(ii) Where a vessel transporting RFS-FRFUEL offloads this transportation fuel at 

more than one United States port of entry, the requirements of paragraph (e)(1)(i) 

of this section do not apply at subsequent ports of entry if the United States 

importer obtains a certification from the vessel owner that the requirements of 

paragraph (e)(1)(i) of this section were met and that the vessel has not loaded any 

transportation fuel or blendstock between the first United States port of entry and 

any subsequent port of entry. 

(2) If the temperature-corrected volumes determined at the port of entry and at the 

load port differ by more than one percent, the United States importer and the 

foreign small refiner or foreign small refinery shall not treat the transportation 
 947

fuel as RFS-FRFUEL and the importer shall include the volume of transportation 

fuel in the importer’s RFS compliance calculations. 

(f) Foreign refiner commitments. Any foreign small refinery or foreign small refiner 

shall commit to and comply with the provisions contained in this paragraph (f) as 

a condition to being approved for a small refinery or small refiner exemption 

under this subpart. 

(1) Any United States Environmental Protection Agency inspector or auditor must be 

given full, complete, and immediate access to conduct inspections and audits of 

the foreign refinery. 

(i) Inspections and audits may be either announced in advance by EPA, or 

unannounced. 

(ii) Access will be provided to any location where: 

(A) Transportation fuel is produced; 

(B) Documents related to refinery operations are kept; and 

(C) RFS-FRFUEL is stored or transported between the foreign refinery and the 

United States, including storage tanks, vessels, and pipelines. 

(iii) EPA inspectors and auditors may be EPA employees or contractors to EPA. 

(iv) Any documents requested that are related to matters covered by inspections and 

audits must be provided to an EPA inspector or auditor on request. 

(v) Inspections and audits may include review and copying of any documents related 

to all the following: 

(A) The volume of RFS-FRFUEL. 
 948

(B) The proper classification of transportation fuel as being RFS-FRFUEL or as not 

being RFS-FRFUEL. 

(C) Transfers of title or custody to RFS-FRFUEL. 

(D) Testing of RFS-FRFUEL. 

(E) Work performed and reports prepared by independent third parties and by 

independent auditors under the requirements of this section, including work 

papers. 

(vi) Inspections and audits may include interviewing employees. 

(vii) Any employee of the foreign refiner must be made available for interview by the 

EPA inspector or auditor, on request, within a reasonable time period. 

(viii) English language translations of any documents must be provided to an EPA 

inspector or auditor, on request, within 10 working days. 

(ix) English language interpreters must be provided to accompany EPA inspectors and 

auditors, on request. 

(2) An agent for service of process located in the District of Columbia shall be 

named, and service on this agent constitutes service on the foreign refiner or any 

employee of the foreign refiner for any action by EPA or otherwise by the United 

States related to the requirements of this subpart. 

(3) The forum for any civil or criminal enforcement action related to the provisions of 

this section for violations of the Clean Air Act or regulations promulgated 

thereunder shall be governed by the Clean Air Act, including the EPA 

administrative forum where allowed under the Clean Air Act. 
 949

(4) United States substantive and procedural laws shall apply to any civil or criminal 

enforcement action against the foreign refiner or any employee of the foreign 

refiner related to the provisions of this section. 

(5) Submitting an application for a small refinery or small refiner exemption, or 

producing and exporting transportation fuel under such exemption, and all other 

actions to comply with the requirements of this subpart relating to such exemption 

constitute actions or activities covered by and within the meaning of the 

provisions of 28 U.S.C. 1605(a)(2), but solely with respect to actions instituted 

against the foreign refiner, its agents and employees in any court or other tribunal 

in the United States for conduct that violates the requirements applicable to the 

foreign refiner under this subpart, including conduct that violates the False 

Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of 

the Clean Air Act (42 U.S.C. 7413). 

(6) The foreign refiner, or its agents or employees, will not seek to detain or to 

impose civil or criminal remedies against EPA inspectors or auditors, whether 

EPA employees or EPA contractors, for actions performed within the scope of 

EPA employment or contract related to the provisions of this section. 

(7) The commitment required by this paragraph (f) shall be signed by the owner or 

president of the foreign refiner business. 

(8) In any case where RFS-FRFUEL produced at a foreign refinery is stored or 

transported by another company between the refinery and the vessel that 

transports the RFS-FRFUEL to the United States, the foreign refiner shall obtain 

from each such other company a commitment that meets the requirements 
 950

specified in paragraphs (f)(1) through (f)(7) of this section, and these 

commitments shall be included in the foreign refiner’s application for a small 

refinery or small refiner exemption under this subpart. 

(g) Sovereign immunity. By submitting an application for a small refinery or small 

refiner exemption under this subpart, or by producing and exporting 

transportation fuel to the United States under such exemption, the foreign refiner, 

and its agents and employees, without exception, become subject to the full 

operation of the administrative and judicial enforcement powers and provisions of 

the United States without limitation based on sovereign immunity, with respect to 

actions instituted against the foreign refiner, its agents and employees in any court 

or other tribunal in the United States for conduct that violates the requirements 

applicable to the foreign refiner under this subpart, including conduct that violates 

the False Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 

113(c)(2) of the Clean Air Act (42 U.S.C. 7413). 

(h) Bond posting. Any foreign refiner shall meet the requirements of this paragraph 

(h) as a condition to approval of a foreign small refinery or foreign small refiner 

exemption under this subpart. 

(1) The foreign refiner shall post a bond of the amount calculated using the following 

equation: 

Bond = G * $ 0.01 

Where: 
 951

Bond = amount of the bond in United States dollars. 

G = the largest volume of transportation fuel produced at the foreign refinery and 

exported to the United States, in gallons, during a single calendar year among the most 

recent of the following calendar years, up to a maximum of five calendar years: the 

calendar year immediately preceding the date the refinery’s or refiner’s application is 

submitted, the calendar year the application is submitted, and each succeeding calendar 

year. 

(2) Bonds shall be posted by: 

(i) Paying the amount of the bond to the Treasurer of the United States; 

(ii) Obtaining a bond in the proper amount from a third party surety agent that is 

payable to satisfy United States administrative or judicial judgments against the 

foreign refiner, provided EPA agrees in advance as to the third party and the 

nature of the surety agreement; or 

(iii) An alternative commitment that results in assets of an appropriate liquidity and 

value being readily available to the United States, provided EPA agrees in 

advance as to the alternative commitment. 

(3) Bonds posted under this paragraph (h) shall: 

(i) Be used to satisfy any judicial judgment that results from an administrative or 

judicial enforcement action for conduct in violation of this subpart, including 

where such conduct violates the False Statements Accountability Act of 1996 (18 

U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413); 
 952

(ii) Be provided by a corporate surety that is listed in the United States Department of 

Treasury Circular 570 ‘‘Companies Holding Certificates of Authority as 

Acceptable Sureties on Federal Bonds’’; and 

(iii) Include a commitment that the bond will remain in effect for at least five years 

following the end of latest annual reporting period that the foreign refiner 

produces transportation fuel pursuant to the requirements of this subpart. 

(4) On any occasion a foreign refiner bond is used to satisfy any judgment, the 

foreign refiner shall increase the bond to cover the amount used within 90 days of 

the date the bond is used. 

(5) If the bond amount for a foreign refiner increases, the foreign refiner shall 

increase the bond to cover the shortfall within 90 days of the date the bond 

amount changes. If the bond amount decreases, the foreign refiner may reduce 

the amount of the bond beginning 90 days after the date the bond amount 

changes. 

(i) English language reports. Any document submitted to EPA by a foreign refiner 

shall be in English, or shall include an English language translation. 

(j) Prohibitions. 

(1) No person may combine RFS-FRFUEL with any Non-RFS-FRFUEL, and no 

person may combine RFS-FRFUEL with any RFS-FRFUEL produced at a 

different refinery, until the importer has met all the requirements of paragraph (k) 

of this section. 
 953

(2) No foreign refiner or other person may cause another person to commit an action 

prohibited in paragraph (j)(1) of this section, or that otherwise violates the 

requirements of this section. 

(k) United States importer requirements. Any United States importer of RFSFRFUEL shall meet the following requirements: 

(1) Each batch of imported RFS-FRFUEL shall be classified by the importer as being 

RFS-FRFUEL. 

(2) Transportation fuel shall be classified as RFS-FRFUEL according to the 

designation by the foreign refiner if this designation is supported by product 

transfer documents prepared by the foreign refiner as required in paragraph (c) of 

this section. Additionally, the importer shall comply with all requirements of this 

subpart applicable to importers. 

(3) For each transportation fuel batch classified as RFS-FRFUEL, any United States 

importer shall have an independent third party do all the following: 

(i) Determine the volume of transportation fuel in the vessel. 

(ii) Use the foreign refiner’s RFS-FRFUEL certification to determine the name and 

EPA-assigned registration number of the foreign refinery that produced the RFSFRFUEL. 

(iii) Determine the name and country of registration of the vessel used to transport the 

RFS-FRFUEL to the United States. 

(iv) Determine the date and time the vessel arrives at the United States port of entry. 
 954

(4) Any importer shall submit reports within 30 days following the date any vessel 

transporting RFS-FRFUEL arrives at the United States port of entry to: 

(i) The Administrator, containing the information determined under paragraph (k)(3) 

of this section; and 

(ii) The foreign refiner, containing the information determined under paragraph 

(k)(3)(i) of this section, and including identification of the port at which the 

product was off loaded. 

(5) Any United States importer shall meet all other requirements of this subpart for 

any imported transportation fuel that is not classified as RFS-FRFUEL under 

paragraph (k)(2) of this section. 

(l) Truck imports of RFS-FRFUEL produced at a foreign refinery. 

(1) Any refiner whose RFS-FRFUEL is transported into the United States by truck 

may petition EPA to use alternative procedures to meet all the following 

requirements: 

(i) Certification under paragraph (c)(2) of this section. 

(ii) Load port and port of entry testing requirements under paragraphs (d) and (e) of 

this section. 

(iii) Importer testing requirements under paragraph (k)(3) of this section. 

(2) These alternative procedures must ensure RFS-FRFUEL remains segregated from 

Non-RFS-FRFUEL until it is imported into the United States. The petition will 

be evaluated based on whether it adequately addresses all the following: 
 955

(i) Provisions for monitoring pipeline shipments, if applicable, from the refinery, that 

ensure segregation of RFS-FRFUEL from that refinery from all other 

transportation fuel. 

(ii) Contracts with any terminals and/or pipelines that receive and/or transport RFSFRFUEL that prohibit the commingling of RFS-FRFUEL with Non-RFSFRFUEL or RFS-FRFUEL from other foreign refineries. 

(iii) Attest procedures to be conducted annually by an independent third party that 

review loading records and import documents based on volume reconciliation, or 

other criteria, to confirm that all RFS-FRFUEL remains segregated throughout the 

distribution system. 

(3) The petition described in this section must be submitted to EPA along with the 

application for a small refinery or small refiner exemption under this subpart. 

(m) Additional attest requirements for importers of RFS-FRFUEL. The following 

additional procedures shall be carried out by any importer of RFS-FRFUEL as 

part of the attest engagement required for importers under this subpart M. 

(1) Obtain listings of all tenders of RFS-FRFUEL. Agree the total volume of tenders 

from the listings to the transportation fuel inventory reconciliation analysis 

required in §80.133(b), and to the volumes determined by the third party under 

paragraph (d) of this section. 

(2) For each tender under paragraph (m)(1) of this section, where the transportation 

fuel is loaded onto a marine vessel, report as a finding the name and country of 
 956

registration of each vessel, and the volumes of RFS-FRFUEL loaded onto each 

vessel. 

(3) Select a sample from the list of vessels identified per paragraph (m)(2) of this 

section used to transport RFS-FRFUEL, in accordance with the guidelines in 

§80.127, and for each vessel selected perform all the following: 

(i) Obtain the report of the independent third party, under paragraph (d) of this 

section. 

(A) Agree the information in these reports with regard to vessel identification and 

transportation fuel volume. 

(B) Identify, and report as a finding, each occasion the load port and port of entry 

volume results differ by more than the amount allowed in paragraph (e)(2) of this 

section, and determine whether all of the requirements of paragraph (e)(2) of this 

section have been met. 

(ii) Obtain the documents used by the independent third party to determine 

transportation and storage of the RFS-FRFUEL from the refinery to the load port, 

under paragraph (d) of this section. Obtain tank activity records for any storage 

tank where the RFS-FRFUEL is stored, and pipeline activity records for any 

pipeline used to transport the RFS-FRFUEL prior to being loaded onto the vessel. 

Use these records to determine whether the RFS-FRFUEL was produced at the 

refinery that is the subject of the attest engagement, and whether the RFSFRFUEL was mixed with any Non-RFS-FRFUEL or any RFS-FRFUEL produced 

at a different refinery. 
 957

(4) Select a sample from the list of vessels identified per paragraph (m)(2) of this 

section used to transport RFS-FRFUEL, in accordance with the guidelines in 

§80.127, and for each vessel selected perform all of the following: 

(i) Obtain a commercial document of general circulation that lists vessel arrivals and 

departures, and that includes the port and date of departure of the vessel, and the 

port of entry and date of arrival of the vessel. 

(ii) Agree the vessel’s departure and arrival locations and dates from the independent 

third party and United States importer reports to the information contained in the 

commercial document. 

(5) Obtain separate listings of all tenders of RFS-FRFUEL, and perform all the 

following: 

(i) Agree the volume of tenders from the listings to the transportation fuel inventory 

reconciliation analysis in §80.133(b). 

(ii) Obtain a separate listing of the tenders under this paragraph (m)(5) where the 

transportation fuel is loaded onto a marine vessel. Select a sample from this 

listing in accordance with the guidelines in §80.127, and obtain a commercial 

document of general circulation that lists vessel arrivals and departures, and that 

includes the port and date of departure and the ports and dates where the 

transportation fuel was off loaded for the selected vessels. Determine and report 

as a finding the country where the transportation fuel was off loaded for each 

vessel selected. 

(6) In order to complete the requirements of this paragraph (m), an auditor shall do all 

the following: 
 958

(i) Be independent of the foreign refiner or importer. 

(ii) Be licensed as a Certified Public Accountant in the United States and a citizen of 

the United States, or be approved in advance by EPA based on a demonstration of 

ability to perform the procedures required in §§ 80.125 through 80.127, 80.130, 

80.1464, and this paragraph (m). 

(iii) Sign a commitment that contains the provisions specified in paragraph (f) of this 

section with regard to activities and documents relevant to compliance with the 

requirements of §§ 80.125 through 80.127, 80.130, 80.1464, and this paragraph 

(m). 

(n) Withdrawal or suspension of foreign small refiner or foreign small refinery status. 

EPA may withdraw or suspend a foreign refiner’s small refinery or small refiner 

exemption where: 

(1) A foreign refiner fails to meet any requirement of this section; 

(2) A foreign government fails to allow EPA inspections as provided in paragraph 

(f)(1) of this section; 

(3) A foreign refiner asserts a claim of, or a right to claim, sovereign immunity in an 

action to enforce the requirements in this subpart; or 

(4) A foreign refiner fails to pay a civil or criminal penalty that is not satisfied using 

the foreign refiner bond specified in paragraph (h) of this section. 

(o) Additional requirements for applications, reports and certificates. Any 

application for a small refinery or small refiner exemption, alternative procedures 
 959

under paragraph (l) of this section, any report, certification, or other submission 

required under this section shall be: 

(1) Submitted in accordance with procedures specified by the Administrator, 

including use of any forms that may be specified by the Administrator. 

(2) Signed by the president or owner of the foreign refiner company, or by that 

person’s immediate designee, and shall contain the following declaration: 

 “I hereby certify: (1) That I have actual authority to sign on behalf of and to bind 

[insert name of foreign refiner] with regard to all statements contained herein; (2) 

that I am aware that the information contained herein is being Certified, or 

submitted to the United States Environmental Protection Agency, under the 

requirements of 40 CFR part 80, subpart M, and that the information is material 

for determining compliance under these regulations; and (3) that I have read and 

understand the information being Certified or submitted, and this information is 

true, complete and correct to the best of my knowledge and belief after I have 

taken reasonable and appropriate steps to verify the accuracy thereof. I affirm 

that I have read and understand the provisions of 40 CFR part 80, subpart M, 

including 40 CFR 80.1465 apply to [INSERT NAME OF FOREIGN REFINER]. 

Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001, the penalty for 

furnishing false, incomplete or misleading information in this certification or 

submission is a fine of up to $10,000 U.S., and/or imprisonment for up to five 

years.” 
 960

§ 80.1466 What are the additional requirements under this subpart for RINgenerating foreign producers and importers of renewable fuels for 

which RINs have been generated by the foreign producer?

(a) Foreign producer of renewable fuel. For purposes of this subpart, a foreign 

producer of renewable fuel is a person located outside the United States, the 

Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and 

the Commonwealth of the Northern Mariana Islands (collectively referred to in 

this section as ‘‘the United States’’) that has been approved by EPA to generate 

RINs for renewable fuel it produces for export to the United States, hereinafter 

referred to as a “foreign producer” under this section. 

 

(b) General requirements. An approved foreign producer under this section must 

meet all requirements that apply to renewable fuel producers under this subpart. 

(c) Designation, foreign producer certification, and product transfer documents. 

(1) Any approved foreign producer under this section that generates RINs for 

renewable fuel must designate each batch of such renewable fuel as “RFS-FRRF” 

at the time the renewable fuel is produced. 

(2) On each occasion when RFS-FRRF is transferred for transport to a vessel or 

loaded onto a vessel or other transportation mode for transport to the United 

States, the RIN-generating foreign producer shall prepare a certification for each 

batch of RFS-FRRF; the certification shall include the report of the independent 
 961

third party under paragraph (d) of this section, and all the following additional 

information: 

(i) The name and EPA registration number of the company that produced the RFSFRRF. 

(ii) The identification of the renewable fuel as RFS-FRRF. 

(iii) The identification of the renewable fuel by type, D code, and number of RINs 

generated. 

(iv) The volume of RFS-FRRF, standardized per §80.1426(f)(8), being transported, in 

gallons. 

 (3) On each occasion when any person transfers custody or title to any RFS-FRRF 

prior to its being imported into the United States, it must include all the following 

information as part of the product transfer document information: 

(i) Designation of the renewable fuel as RFS-FRRF. 

(ii) The certification required under paragraph (c)(2) of this section. 

(d) Load port independent testing and producer identification. 

(1) On each occasion that RFS-FRRF is loaded onto a vessel for transport to the 

United States the RIN-generating foreign producer shall have an independent 

third party do all the following: 

(i) Inspect the vessel prior to loading and determine the volume of any tank bottoms. 

(ii) Determine the volume of RFS-FRRF, standardized per §80.1426(f)(8), loaded 

onto the vessel (exclusive of any tank bottoms before loading). 

(iii) Obtain the EPA-assigned registration number of the foreign producer. 
 962

(iv) Determine the name and country of registration of the vessel used to transport the 

RFS-FRRF to the United States. 

(v) Determine the date and time the vessel departs the port serving the foreign 

producer. 

(vi) Review original documents that reflect movement and storage of the RFS-FRRF 

from the RIN-generating foreign producer to the load port, and from this review 

determine all the following: 

(A) The facility at which the RFS-FRRF was produced. 

(B) That the RFS-FRRF remained segregated from Non-RFS-FRRF and other RFSFRRF produced by a different foreign producer. 

(2) The independent third party shall submit a report to the following: 

(i) The RIN-generating foreign producer, containing the information required under 

paragraph (d)(1) of this section, to accompany the product transfer documents for 

the vessel. 

(ii) The Administrator, containing the information required under paragraph (d)(1) of 

this section, within thirty days following the date of the independent third party’s 

inspection. This report shall include a description of the method used to 

determine the identity of the foreign producer facility at which the renewable fuel 

was produced, assurance that the renewable fuel remained segregated as specified 

in paragraph (j)(1) of this section, and a description of the renewable fuel’s 

movement and storage between production at the source facility and vessel 

loading. 

(3) The independent third party must: 
 963

(i) Be approved in advance by EPA, based on a demonstration of ability to perform 

the procedures required in this paragraph (d); 

(ii) Be independent under the criteria specified in §80.65(e)(2)(iii); and 

(iii) Sign a commitment that contains the provisions specified in paragraph (f) of this 

section with regard to activities, facilities and documents relevant to compliance 

with the requirements of this paragraph (d). 

(e) Comparison of load port and port of entry testing. 

(1)(i) Any RIN-generating foreign producer and any United States importer of RFSFRRF shall compare the results from the load port testing under paragraph (d) of 

this section, with the port of entry testing as reported under paragraph (k) of this 

section, for the volume of renewable fuel, standardized per §80.1426(f)(8), 

except as specified in paragraph (e)(1)(ii) of this section. 

(ii) Where a vessel transporting RFS-FRRF offloads the renewable fuel at more than 

one United States port of entry, the requirements of paragraph (e)(1)(i) of this 

section do not apply at subsequent ports of entry if the United States importer 

obtains a certification from the vessel owner that the requirements of paragraph 

(e)(1)(i) of this section were met and that the vessel has not loaded any renewable 

fuel between the first United States port of entry and the subsequent ports of 

entry. 

(2)(i) If the temperature-corrected volumes, after accounting for tank bottoms, 

determined at the port of entry and at the load port differ by more than one 

percent, the number of RINs associated with the renewable fuel shall be 
 964

calculated based on the lesser of the two volumes in paragraph (e)(1)(i) of this 

section. 

(ii) Where the port of entry volume is the lesser of the two volumes in paragraph 

(e)(1)(i) of this section, the importer shall calculate the difference between the 

number of RINs originally assigned by the foreign producer and the number of 

RINs calculated under §80.1426 for the volume of renewable fuel as measured at 

the port of entry, and acquire and retire that amount of RINs in accordance with 

paragraph (k)(3) of this section. 

 

(f) Foreign producer commitments. Any RIN-generating foreign producer shall 

commit to and comply with the provisions contained in this paragraph (f) as a 

condition to being approved as a foreign producer under this subpart. 

(1) Any United States Environmental Protection Agency inspector or auditor must be 

given full, complete, and immediate access to conduct inspections and audits of 

the foreign producer facility. 

(i) Inspections and audits may be either announced in advance by EPA, or 

unannounced. 

(ii) Access will be provided to any location where: 

(A) Renewable fuel is produced; 

(B) Documents related to renewable fuel producer operations are kept; and 

(C) RFS-FRRF is stored or transported between the foreign producer and the United 

States, including storage tanks, vessels and pipelines. 

(iii) EPA inspectors and auditors may be EPA employees or contractors to EPA. 
 965

(iv) Any documents requested that are related to matters covered by inspections and 

audits must be provided to an EPA inspector or auditor on request. 

(v) Inspections and audits may include review and copying of any documents related 

to the following: 

(A) The volume of RFS-FRRF. 

(B) The proper classification of renewable fuel as being RFS-FRRF. 

(C) Transfers of title or custody to RFS-FRRF. 

(D) Work performed and reports prepared by independent third parties and by 

independent auditors under the requirements of this section, including work 

papers. 

(vi) Inspections and audits by EPA may include interviewing employees. 

(vii) Any employee of the foreign producer must be made available for interview by 

the EPA inspector or auditor, on request, within a reasonable time period. 

(viii) English language translations of any documents must be provided to an EPA 

inspector or auditor, on request, within 10 working days. 

(ix) English language interpreters must be provided to accompany EPA inspectors and 

auditors, on request. 

(2) An agent for service of process located in the District of Columbia shall be 

named, and service on this agent constitutes service on the foreign producer or 

any employee of the foreign producer for any action by EPA or otherwise by the 

United States related to the requirements of this subpart. 

(3) The forum for any civil or criminal enforcement action related to the provisions of 

this section for violations of the Clean Air Act or regulations promulgated 
 966

thereunder shall be governed by the Clean Air Act, including the EPA 

administrative forum where allowed under the Clean Air Act. 

(4) United States substantive and procedural laws shall apply to any civil or criminal 

enforcement action against the foreign producer or any employee of the foreign 

producer related to the provisions of this section. 

(5) Applying to be an approved foreign producer under this section, or producing or 

exporting renewable fuel under such approval, and all other actions to comply 

with the requirements of this subpart relating to such approval constitute actions 

or activities covered by and within the meaning of the provisions of 28 U.S.C. 

1605(a)(2), but solely with respect to actions instituted against the foreign 

producer, its agents and employees in any court or other tribunal in the United 

States for conduct that violates the requirements applicable to the foreign 

producer under this subpart, including conduct that violates the False Statements 

Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the Clean 

Air Act (42 U.S.C. 7413). 

(6) The foreign producer, or its agents or employees, will not seek to detain or to 

impose civil or criminal remedies against EPA inspectors or auditors for actions 

performed within the scope of EPA employment or contract related to the 

provisions of this section. 

(7) The commitment required by this paragraph (f) shall be signed by the owner or 

president of the foreign producer company. 

(8) In any case where RFS-FRRF produced at a foreign producer facility is stored or 

transported by another company between the production facility and the vessel 
 967

that transports the RFS-FRRF to the United States, the foreign producer shall 

obtain from each such other company a commitment that meets the requirements 

specified in paragraphs (f)(1) through (7) of this section, and these commitments 

shall be included in the foreign producer’s application to be an approved foreign 

producer under this subpart. 

 

(g) Sovereign immunity. By submitting an application to be an approved foreign 

producer under this subpart, or by producing and exporting renewable fuel to the 

United States under such approval, the foreign producer, and its agents and 

employees, without exception, become subject to the full operation of the 

administrative and judicial enforcement powers and provisions of the United 

States without limitation based on sovereign immunity, with respect to actions 

instituted against the foreign producer, its agents and employees in any court or 

other tribunal in the United States for conduct that violates the requirements 

applicable to the foreign producer under this subpart, including conduct that 

violates the False Statements Accountability Act of 1996 (18 U.S.C. 1001) and 

section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413). 

(h) Bond posting. Any RIN-generating foreign producer shall meet the requirements 

of this paragraph (h) as a condition to approval as a foreign producer under this 

subpart. 

(1) The RIN-generating foreign producer shall post a bond of the amount calculated 

using the following equation: 
 968

 Bond = G * $ 0.01 

 Where: 

 Bond = amount of the bond in U.S. dollars. 

G = the greater of: the largest volume of renewable fuel produced by the foreign 

producer and exported to the United States, in gallons, during a single calendar 

year among the five preceding calendar years, or the largest volume of renewable 

fuel that the foreign producers expects to export to the Unites States during any 

calendar year identified in the Production Outlook Report required by §80.1449. 

If the volume of renewable fuel exported to the United States increases above the 

largest volume identified in the Production Outlook Report during any calendar 

year, the foreign producer shall increase the bond to cover the shortfall within 90 

days. 

(2) Bonds shall be posted by any of the following methods: 

(i) Paying the amount of the bond to the Treasurer of the United States. 

(ii) Obtaining a bond in the proper amount from a third party surety agent that is 

payable to satisfy United States administrative or judicial judgments against the 

foreign producer, provided EPA agrees in advance as to the third party and the 

nature of the surety agreement. 

(iii) An alternative commitment that results in assets of an appropriate liquidity and 

value being readily available to the United States provided EPA agrees in advance 

as to the alternative commitment. 

(3) Bonds posted under this paragraph (h) shall: 
 969

(i) Be used to satisfy any judicial judgment that results from an administrative or 

judicial enforcement action for conduct in violation of this subpart, including 

where such conduct violates the False Statements Accountability Act of 1996 (18 

U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413); 

(ii) Be provided by a corporate surety that is listed in the United States Department of 

Treasury Circular 570 ‘‘Companies Holding Certificates of Authority as 

Acceptable Sureties on Federal Bonds’’; and 

(iii) Include a commitment that the bond will remain in effect for at least five years 

following the end of latest annual reporting period that the foreign producer 

produces renewable fuel pursuant to the requirements of this subpart. 

(4) On any occasion a foreign producer bond is used to satisfy any judgment, the 

foreign producer shall increase the bond to cover the amount used within 90 days 

of the date the bond is used. 

(i) English language reports. Any document submitted to EPA by a foreign producer 

shall be in English, or shall include an English language translation. 

(j) Prohibitions. 

(1) No person may combine RFS-FRRF with any Non-RFS-FRRF, and no person 

may combine RFS-FRRF with any RFS-FRRF produced at a different production 

facility, until the importer has met all the requirements of paragraph (k) of this 

section. 
 970

(2) No foreign producer or other person may cause another person to commit an 

action prohibited in paragraph (j)(1) of this section, or that otherwise violates the 

requirements of this section. 

(3) No foreign producer and importer may generate RINs for the same volume of 

renewable fuel. 

(4) A foreign producer of renewable fuel is prohibited from generating RINs in 

excess of the number for which the bond requirements of this section have been 

satisfied. 

(k) Requirements for United States importers of RFS-FRRF. Any United States 

importers of RFS-FRRF shall meet all the following requirements: 

(1) Renewable fuel shall be classified as RFS-FRRF according to the designation by 

the foreign producer if this designation is supported by product transfer 

documents prepared by the foreign producer as required in paragraph (c) of this 

section. 

(2) For each renewable fuel batch classified as RFS-FRRF, any United States 

importer shall have an independent third party do all the following: 

(i) Determine the volume of renewable fuel, standardized per §80.1426(f)(8), in the 

vessel. 

(ii) Use the foreign producer’s RFS-FRRF certification to determine the name and 

EPA-assigned registration number of the foreign producer that produced the RFSFRRF. 
 971

(iii) Determine the name and country of registration of the vessel used to transport the 

RFS-FRRF to the United States. 

(iv) Determine the date and time the vessel arrives at the United States port of entry. 

(3) Where the importer is required to retire RINs under paragraph (e)(2) of this 

section, the importer must report the retired RINs in the applicable reports under 

§80.1451. 

(4) Any importer shall submit reports within 30 days following the date any vessel 

transporting RFS-FRRF arrives at the United States port of entry to all the 

following: 

(i) The Administrator, containing the information determined under paragraph (k)(2) 

of this section. 

(ii) The foreign producer, containing the information determined under paragraph 

(k)(2)(i) of this section, and including identification of the port at which the 

product was offloaded, and any RINs retired under paragraph (e)(2) of this 

section. 

(5) Any United States importer shall meet all other requirements of this subpart for 

any imported renewable fuel that is not classified as RFS-FRRF under paragraph 

(k)(1) of this section. 

(l) Truck imports of RFS-FRRF produced by a foreign producer. 

(1) Any foreign producer whose RFS-FRRF is transported into the United States by 

truck may petition EPA to use alternative procedures to meet all the following 

requirements: 
 972

(i) Certification under paragraph (c)(2) of this section. 

(ii) Load port and port of entry testing under paragraphs (d) and (e) of this section. 

(iii) Importer testing under paragraph (k)(2) of this section. 

(2) These alternative procedures must ensure RFS-FRRF remains segregated from 

Non-RFS-FRRF until it is imported into the United States. The petition will be 

evaluated based on whether it adequately addresses all of the following: 

(i) Contracts with any facilities that receive and/or transport RFS-FRRF that prohibit 

the commingling of RFS-FRRF with Non-RFS-FRRF or RFS-FRRF from other 

foreign producers. 

(ii) Attest procedures to be conducted annually by an independent third party that 

review loading records and import documents based on volume reconciliation to 

confirm that all RFS-FRRF remains segregated. 

(3) The petition described in this section must be submitted to EPA along with the 

application for approval as a foreign producer under this subpart. 

(m) Additional attest requirements for producers of RFS-FRRF. The following 

additional procedures shall be carried out by any producer of RFS-FRRF as part 

of the attest engagement required for renewable fuel producers under this subpart 

M. 

(1) Obtain listings of all tenders of RFS-FRRF. Agree the total volume of tenders 

from the listings to the volumes determined by the third party under paragraph (d) 

of this section. 
 973

(2) For each tender under paragraph (m)(1) of this section, where the renewable fuel 

is loaded onto a marine vessel, report as a finding the name and country of 

registration of each vessel, and the volumes of RFS-FRRF loaded onto each 

vessel. 

(3) Select a sample from the list of vessels identified in paragraph (m)(2) of this 

section used to transport RFS-FRRF, in accordance with the guidelines in 

§80.127, and for each vessel selected perform all the following: 

(i) Obtain the report of the independent third party, under paragraph (d) of this 

section, and of the United States importer under paragraph (k) of this section. 

(A) Agree the information in these reports with regard to vessel identification and 

renewable fuel volume. 

(B) Identify, and report as a finding, each occasion the load port and port of entry 

volume results differ by more than the amount allowed in paragraph (e) of this 

section, and determine whether the importer retired the appropriate amount of 

RINs as required under paragraph (e)(2) of this section, and submitted the 

applicable reports under §80.1451 in accordance with paragraph (k)(4) of this 

section. 

(ii) Obtain the documents used by the independent third party to determine 

transportation and storage of the RFS-FRRF from the foreign producer’s facility 

to the load port, under paragraph (d) of this section. Obtain tank activity records 

for any storage tank where the RFS-FRRF is stored, and activity records for any 

mode of transportation used to transport the RFS-FRRF prior to being loaded onto 

the vessel. Use these records to determine whether the RFS-FRRF was produced 
 974

at the foreign producer’s facility that is the subject of the attest engagement, and 

whether the RFS-FRRF was mixed with any Non-RFS-FRRF or any RFS-FRRF 

produced at a different facility. 

(4) Select a sample from the list of vessels identified in paragraph (m)(2) of this 

section used to transport RFS-FRRF, in accordance with the guidelines in 

§80.127, and for each vessel selected perform the following: 

(i) Obtain a commercial document of general circulation that lists vessel arrivals and 

departures, and that includes the port and date of departure of the vessel, and the 

port of entry and date of arrival of the vessel. 

(ii) Agree the vessel’s departure and arrival locations and dates from the independent 

third party and United States importer reports to the information contained in the 

commercial document. 

(5) Obtain a separate listing of the tenders under this paragraph (m)(5) where the 

RFS-FRRF is loaded onto a marine vessel. Select a sample from this listing in 

accordance with the guidelines in §80.127, and obtain a commercial document of 

general circulation that lists vessel arrivals and departures, and that includes the 

port and date of departure and the ports and dates where the renewable fuel was 

offloaded for the selected vessels. Determine and report as a finding the country 

where the renewable fuel was offloaded for each vessel selected. 

(6) In order to complete the requirements of this paragraph (m) an auditor shall: 

(i) Be independent of the foreign producer; 

(ii) Be licensed as a Certified Public Accountant in the United States and a citizen of 

the United States, or be approved in advance by EPA based on a demonstration of 
 975

ability to perform the procedures required in §§ 80.125 through 80.127, 80.130, 

80.1464, and this paragraph (m); and 

(iii) Sign a commitment that contains the provisions specified in paragraph (f) of this 

section with regard to activities and documents relevant to compliance with the 

requirements of §§ 80.125 through 80.127, 80.130, 80.1464, and this paragraph 

(m). 

(n) Withdrawal or suspension of foreign producer approval. EPA may withdraw or 

suspend a foreign producer’s approval where any of the following occur: 

(1) A foreign producer fails to meet any requirement of this section. 

(2) A foreign government fails to allow EPA inspections or audits as provided in 

paragraph (f)(1) of this section. 

(3) A foreign producer asserts a claim of, or a right to claim, sovereign immunity in 

an action to enforce the requirements in this subpart. 

(4) A foreign producer fails to pay a civil or criminal penalty that is not satisfied 

using the foreign producer bond specified in paragraph (h) of this section. 

(o) Additional requirements for applications, reports and certificates. Any 

application for approval as a foreign producer, alternative procedures under 

paragraph (l) of this section, any report, certification, or other submission required 

under this section shall be: 

(1) Submitted in accordance with procedures specified by the Administrator, 

including use of any forms that may be specified by the Administrator. 
 976

(2) Signed by the president or owner of the foreign producer company, or by that 

person’s immediate designee, and shall contain the following declaration: 

“I hereby certify: (1) That I have actual authority to sign on behalf of and to bind 

[INSERT NAME OF FOREIGN PRODUCER] with regard to all statements 

contained herein; (2) that I am aware that the information contained herein is 

being Certified, or submitted to the United States Environmental Protection 

Agency, under the requirements of 40 CFR part 80, subpart M, and that the 

information is material for determining compliance under these regulations; and 

(3) that I have read and understand the information being Certified or submitted, 

and this information is true, complete and correct to the best of my knowledge 

and belief after I have taken reasonable and appropriate steps to verify the 

accuracy thereof. I affirm that I have read and understand the provisions of 40 

CFR part 80, subpart M, including 40 CFR 80.1465 apply to [INSERT NAME 

OF FOREIGN PRODUCER]. Pursuant to Clean Air Act section 113(c) and 18 

U.S.C. 1001, the penalty for furnishing false, incomplete or misleading 

information in this certification or submission is a fine of up to $10,000 U.S., 

and/or imprisonment for up to five years.”. 

§ 80.1467 What are the additional requirements under this subpart for a foreign 

RIN owner?

 (a) Foreign RIN owner. For purposes of this subpart, a foreign RIN owner is a 

person located outside the United States, the Commonwealth of Puerto Rico, the 

Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern 
 977

Mariana Islands (collectively referred to in this section as ‘‘the United States’’) 

that has been approved by EPA to own RINs. 

(b) General Requirement. An approved foreign RIN owner must meet all 

requirements that apply to parties who own RINs under this subpart. 

(c) Foreign RIN owner commitments. Any person shall commit to and comply with 

the provisions contained in this paragraph (c) as a condition to being approved as 

a foreign RIN owner under this subpart. 

(1) Any United States Environmental Protection Agency inspector or auditor must be 

given full, complete, and immediate access to conduct inspections and audits of 

the foreign RIN owner’s place of business. 

(i) Inspections and audits may be either announced in advance by EPA, or 

unannounced. 

(ii) Access will be provided to any location where documents related to RINs the 

foreign RIN owner has obtained, sold, transferred or held are kept. 

(iii) Inspections and audits may be by EPA employees or contractors to EPA. 

(iv) Any documents requested that are related to matters covered by inspections and 

audits must be provided to an EPA inspector or auditor on request. 

(v) Inspections and audits by EPA may include review and copying of any documents 

related to the following: 

(A) Transfers of title to RINs. 
 978

(B) Work performed and reports prepared by independent auditors under the 

requirements of this section, including work papers. 

(vi) Inspections and audits by EPA may include interviewing employees. 

(vii) Any employee of the foreign RIN owner must be made available for interview by 

the EPA inspector or auditor, on request, within a reasonable time period. 

(viii) English language translations of any documents must be provided to an EPA 

inspector or auditor, on request, within 10 working days. 

(ix) English language interpreters must be provided to accompany EPA inspectors and 

auditors, on request. 

(2) An agent for service of process located in the District of Columbia shall be 

named, and service on this agent constitutes service on the foreign RIN owner or 

any employee of the foreign RIN owner for any action by EPA or otherwise by 

the United States related to the requirements of this subpart. 

(3) The forum for any civil or criminal enforcement action related to the provisions of 

this section for violations of the Clean Air Act or regulations promulgated 

thereunder shall be governed by the Clean Air Act, including the EPA 

administrative forum where allowed under the Clean Air Act. 

(4) United States substantive and procedural laws shall apply to any civil or criminal 

enforcement action against the foreign RIN owner or any employee of the foreign 

RIN owner related to the provisions of this section. 

(5) Submitting an application to be a foreign RIN owner, and all other actions to 

comply with the requirements of this subpart constitute actions or activities 

covered by and within the meaning of the provisions of 28 U.S.C. 1605(a)(2), but 
 979

solely with respect to actions instituted against the foreign RIN owner, its agents 

and employees in any court or other tribunal in the United States for conduct that 

violates the requirements applicable to the foreign RIN owner under this subpart, 

including conduct that violates the False Statements Accountability Act of 1996 

(18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413). 

(6) The foreign RIN owner, or its agents or employees, will not seek to detain or to 

impose civil or criminal remedies against EPA inspectors or auditors, whether 

EPA employees or EPA contractors, for actions performed within the scope of 

EPA employment related to the provisions of this section. 

(7) The commitment required by this paragraph (c) shall be signed by the owner or 

president of the foreign RIN owner business. 

(d) Sovereign immunity. By submitting an application to be a foreign RIN owner 

under this subpart, the foreign entity, and its agents and employees, without 

exception, become subject to the full operation of the administrative and judicial 

enforcement powers and provisions of the United States without limitation based 

on sovereign immunity, with respect to actions instituted against the foreign RIN 

owner, its agents and employees in any court or other tribunal in the United States 

for conduct that violates the requirements applicable to the foreign RIN owner 

under this subpart, including conduct that violates the False Statements 

Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the Clean 

Air Act (42 U.S.C. 7413). 
 980

(e) Bond posting. Any foreign entity shall meet the requirements of this paragraph 

(e) as a condition to approval as a foreign RIN owner under this subpart. 

(1) The foreign entity shall post a bond of the amount calculated using the following 

equation: 

Bond = G * $ 0.01 

 Where: 

 Bond = amount of the bond in U.S. dollars. 

G = the total of the number of gallon-RINs the foreign entity expects to sell or 

transfer during the first calendar year that the foreign entity is a RIN owner, plus 

the number of gallon-RINs the foreign entity expects to sell or transfer during the 

next four calendar years. After the first calendar year, the bond amount shall be 

based on the actual number of gallon-RINs sold or transferred during the current 

calendar year and the number held at the conclusion of the current averaging year, 

plus the number of gallon-RINs sold or transferred during the four most recent 

calendar years preceding the current calendar year. For any year for which there 

were fewer than four preceding years in which the foreign entity sold or 

transferred RINs, the bond shall be based on the total of the number of gallonRINs sold or transferred during the current calendar year and the number held at 

the end of the current calendar year, plus the number of gallon-RINs sold or 

transferred during any calendar year preceding the current calendar year, plus the 

number of gallon-RINs expected to be sold or transferred during subsequent 

calendar years, the total number of years not to exceed four calendar years in 

addition to the current calendar year. 
 981

(2) Bonds shall be posted by doing any of the following: 

(i) Paying the amount of the bond to the Treasurer of the United States. 

(ii) Obtaining a bond in the proper amount from a third party surety agent that is 

payable to satisfy United States administrative or judicial judgments against the 

foreign RIN owner, provided EPA agrees in advance as to the third party and the 

nature of the surety agreement. 

(iii) An alternative commitment that results in assets of an appropriate liquidity and 

value being readily available to the United States, provided EPA agrees in 

advance as to the alternative commitment. 

(3) All the following shall apply to bonds posted under this paragraph (e); bonds 

shall: 

(i) Be used to satisfy any judicial judgment that results from an administrative or 

judicial enforcement action for conduct in violation of this subpart, including 

where such conduct violates the False Statements Accountability Act of 1996 (18 

U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413). 

(ii) Be provided by a corporate surety that is listed in the United States Department of 

Treasury Circular 570 “Companies Holding Certificates of Authority as 

Acceptable Sureties on Federal Bonds”. 

(iii) Include a commitment that the bond will remain in effect for at least five years 

following the end of latest reporting period in which the foreign RIN owner 

obtains, sells, transfers, or holds RINs. 
 982

(4) On any occasion a foreign RIN owner bond is used to satisfy any judgment, the 

foreign RIN owner shall increase the bond to cover the amount used within 90 

days of the date the bond is used. 

(f) English language reports. Any document submitted to EPA by a foreign RIN 

owner shall be in English, or shall include an English language translation. 

(g) Prohibitions. 

(1) A foreign RIN owner is prohibited from obtaining, selling, transferring, or 

holding any RIN that is in excess of the number for which the bond requirements 

of this section have been satisfied. 

(2) Any RIN that is sold, transferred, or held that is in excess of the number for which 

the bond requirements of this section have been satisfied is an invalid RIN under 

§80.1431. 

(3) Any RIN that is obtained from a person located outside the United States that is 

not an approved foreign RIN owner under this section is an invalid RIN under 

§80.1431. 

(4) No foreign RIN owner or other person may cause another person to commit an 

action prohibited in this paragraph (g), or that otherwise violates the requirements 

of this section. 
 983

(h) Additional attest requirements for foreign RIN owners. The following additional 

requirements apply to any foreign RIN owner as part of the attest engagement 

required for RIN owners under this subpart M. 

(i) The attest auditor must be independent of the foreign RIN owner. 

(ii) The attest auditor must be licensed as a Certified Public Accountant in the United 

States and a citizen of the United States, or be approved in advance by EPA based 

on a demonstration of ability to perform the procedures required in §§80.125 

through 80.127, 80.130, and 80.1464. 

(iii) The attest auditor must sign a commitment that contains the provisions specified 

in paragraph (c) of this section with regard to activities and documents relevant to 

compliance with the requirements of §§80.125 through 80.127, 80.130, and 

80.1464. 

(i) Withdrawal or suspension of foreign RIN owner status. EPA may withdraw or 

suspend its approval of a foreign RIN owner where any of the following occur: 

(1) A foreign RIN owner fails to meet any requirement of this section, including, but 

not limited to, the bond requirements. 

(2) A foreign government fails to allow EPA inspections as provided in paragraph 

(c)(1) of this section. 

(3) A foreign RIN owner asserts a claim of, or a right to claim, sovereign immunity in 

an action to enforce the requirements in this subpart. 

(4) A foreign RIN owner fails to pay a civil or criminal penalty that is not satisfied 

using the foreign RIN owner bond specified in paragraph (e) of this section. 
 984

(j) Additional requirements for applications, reports and certificates. Any 

application for approval as a foreign RIN owner, any report, certification, or other 

submission required under this section shall be: 

(1) Submitted in accordance with procedures specified by the Administrator, 

including use of any forms that may be specified by the Administrator. 

(2) Signed by the president or owner of the foreign RIN owner company, or by that 

person’s immediate designee, and shall contain the following declaration: 

“I hereby certify: (1) That I have actual authority to sign on behalf of and to bind 

[INSERT NAME OF FOREIGN RIN OWNER] with regard to all statements 

contained herein; (2) that I am aware that the information contained herein is 

being Certified, or submitted to the United States Environmental Protection 

Agency, under the requirements of 40 CFR part 80, subpart M, and that the 

information is material for determining compliance under these regulations; and 

(3) that I have read and understand the information being Certified or submitted, 

and this information is true, complete and correct to the best of my knowledge 

and belief after I have taken reasonable and appropriate steps to verify the 

accuracy thereof. I affirm that I have read and understand the provisions of 40 

CFR part 80, subpart M, including 40 CFR 80.1467 apply to [INSERT NAME 

OF FOREIGN RIN OWNER]. Pursuant to Clean Air Act section 113(c) and 18 

U.S.C. 1001, the penalty for furnishing false, incomplete or misleading 

information in this certification or submission is a fine of up to $10,000 U.S., 

and/or imprisonment for up to five years.”. 
 985

§ 80.1468 Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of 

the Director of the Federal register under 5 U.S.C. 552(a) and 1 CFR part 51. To 

enforce any edition other than that specified in this section, the Environmental 

Protection Agency (EPA) must publish notice of change in the Federal Register 

and the material must be available to the public. All approved material is 

available for inspection at the National Archives and Records Administration 

(NARA). For information on the availability of this material at NARA, call 202-

741-6030 or go to: 

http://www/archives.gov/federal_register/code_of_federal_regulations/ibr_locatio

ns.html. This material is also available for inspection at the EPA Docket Center, 

Docket No. EPA-HQ-OAR-2005-0161, EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave., NW, Washington DC. The telephone number for the Air 

Docket is (202) 566-1742. Also, this material is available from the source listed 

in paragraph (b) of this section. 

(b) American Society for Testing and Materials, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428 (1-800-262-1373, www.astm.org). 

(1) ASTM D 1250-08 (“ASTM D 1250”), Standard Guide for Use of the Petroleum 

Measurement Tables, Approved 2008; IBR approved for §80.1426(f)(8)(ii)(B). 
 986

(2) ASTM D 4442-07 (“ASTM D 4442”), Standard Test Methods for Direct Moisture 

Content Measurement of Wood and Wood-Base Materials, Approved 2007; IBR 

approved for §80.1426(f)(7)(v)(B). 

(3) ASTM D 4444-08 (“ASTM D 4444”), Standard Test method for Laboratory 

Standardization and Calibration of Hand-Held Moisture Meters, Approved 2008; 

IBR approved for §80.1426(f)(7)(v)(B). 

(4) ASTM D 6751-09 (“ASTM D 6751”), Standard Specification for Biodiesel Fuel 

Blend Stock (B100) for Middle Distillate Fuels, Approved 2009; IBR approved 

for §80.1401. 

(5) ASTM D 6866-08 (“ASTM D 6866”), Standard Test Methods for Determining 

the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon 

Analysis, Approved 2008; IBR approved for §§ 80.1426(f)(9)(ii) and 

80.1430(e)(2). 

(6) ASTM E 711-87 (“ASTM E 711”), Standard Test Method for Gross Calorific 

Value of Refuse-Derived Fuel by the Bomb Calorimeter, Reapproved 2004; IBR 

approved for §80.1426(f)(7)(v)(A). 

(7) ASTM E 870-82 (“ASTM E 870”), Standard Test Methods for Analysis of Wood 

Fuels, Reapproved 2006); IBR approved for §80.1426(f)(7)(v)(A).