cfr_sections
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93 rows where part_number = 80 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:19.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.1 Scope. | EPA | [85 FR 78465, Dec. 4, 2020] | (a) This part prescribes regulations for the renewable fuel program under the Clean Air Act section 211(o) (42 U.S.C. 7545(o)). (b) This part also prescribes regulations for the labeling of fuel dispensing systems for oxygenated gasoline at retail under the Clean Air Act section 211(m)(4) (42 U.S.C. 7545(m)(4)). (c) Nothing in this part is intended to preempt the ability of state or local governments to control or prohibit any fuel or fuel additive for use in motor vehicles and motor vehicle engines which is not explicitly regulated by this part. | |||
| 40:40:19.0.1.1.2.1.1.10 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.11 Confidentiality of information. | EPA | [87 FR 39659, July 1, 2022] | (a) Except as specified in paragraph (b) of this section, information obtained by the Administrator or his representatives pursuant to this part shall be treated, in so far as its confidentiality is concerned, in accordance with the provisions of 40 CFR part 2, subpart B. (b) Information contained in EPA notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments is not entitled to confidential treatment and therefore EPA may publicly disclose such information. Such information includes the company name and EPA-issued company identification number, the facility name and EPA-issued facility identification number, the total quantity of fuel and parameter, the time or time period when the violation occurred, information relating to the generation, transfer, or use of credits, and any other information relevant to describing the violation. | |||
| 40:40:19.0.1.1.2.1.1.11 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.12 Incorporation by reference. | EPA | [88 FR 44563, July 12, 2023, as amended at 90 FR 12113, Mar. 14, 2025] | 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. All approved incorporation by reference (IBR) material is available for inspection at U.S. EPA and at the National Archives and Records Administration (NARA). Contact U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; (202) 566-1742. For information on the availability of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571; (202) 682-8000; www.api.org. (1) API MPMS 14.1-2016, Manual of Petroleum Measurement Standards Chapter 14—Natural Gas Fluids Measurement Section 1—Collecting and Handling of Natural Gas Samples for Custody Transfer, 7th Edition, May 2016 (“API MPMS 14.1”); IBR approved for § 80.155(b). (2) API MPMS 14.3.1-2012, Manual of Petroleum Measurement Standards Chapter 14.3.1—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 1: General Equations and Uncertainty Guidelines, 4th Edition, including Errata July 2013, Reaffirmed, July 2022 (“API MPMS 14.3.1”); IBR approved for § 80.155(a). (3) API MPMS 14.3.2-2016, Manual of Petroleum Measurement Standards Chapter 14.3.2—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 2: Specification and Installation Requirements, 5th Edition, March 2016 (“API MPMS 14.3.2”); IBR approved for § 80.155(a). (4) API MPMS 14.3.3-2013, Manual of Petroleum Measurement Standards Chapter 14.3.3—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 3: Natural Gas Applications, 4th Edition, Reaffirmed, Ju… | |||
| 40:40:19.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.2 Definitions. | EPA | [88 FR 44555, July 12, 2023, as amended at 90 FR 12113, Mar. 14, 2025] | The definitions of this section apply in this part unless otherwise specified. Note that many terms defined here are common terms that have specific meanings under this part. 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. (1) 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 based on any calendar year after startup during the first three years of operation. (2) For facilities that commenced construction after December 19, 2007 and before January 1, 2010, that 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. (3) For all other facilities not included above, the actual peak capacity is based on the last five calendar years prior to the year in which the owner or operator registers the facility under the provisions of § 80.1450, unless no such production exists, in which case actual peak capacity is based on any calendar year after startup during the first three years of operation. Adjusted cellulosic content means the percent of organic material that is cellulose, hemicellulose, and lignin. Advanced biofuel means renewable fuel, other than ethanol derived from cornstarch, that has lifecycle greenhouse gas emissions that are at least 50 percent less than baseline lifecycle greenhouse gas emissions. Agricultural digester means an anaerobic digester that processes only animal manure, crop residues, or separated yard waste with an adjusted cellulosic content of at least 75%. Each and every material processed in an agricultural digester must have an adjusted cellulosic content of at least 75%. Algae grown photosynthetically are algae that are grown such that their energy and carbon are predominant… | |||
| 40:40:19.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.3 Acronyms and abbreviations. | EPA | [88 FR 44562, July 12, 2023] | ||||
| 40:40:19.0.1.1.2.1.1.4 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.4 Right of entry; tests and inspections. | EPA | [61 FR 35356, July 5, 1996, as amended at 88 FR 44562, July 12, 2023] | EPA, upon presentation of appropriate credentials, shall have a right to enter upon or through any refinery, retail outlet, wholesale purchaser-consumer facility, or detergent manufacturer facility; or the premises or property of any gasoline or detergent distributor, carrier, or importer; or any place where gasoline or detergent is stored; and shall have the right to make inspections, take samples, obtain information and records, and conduct tests to determine compliance with the requirements of this part. | |||
| 40:40:19.0.1.1.2.1.1.5 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.5 Penalties. | EPA | [58 FR 65554, Dec. 15, 1993, as amended at 89 FR 88655, Nov. 8, 2024] | Any person who violates these regulations shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation. Any violation with respect to a regulation proscribed under section 211(c), (k), (l) or (m) of the Act which establishes a regulatory standard based upon a multi-day averaging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be assessed in accordance with section 205(b) and (c) of the Act. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4. | |||
| 40:40:19.0.1.1.2.1.1.6 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.7 Requests for information. | EPA | [40 FR 36336, Aug. 20, 1975, as amended at 42 FR 45307, Sept. 9, 1977; 47 FR 49332, Oct. 29, 1982; 61 FR 3837, Feb. 2, 1996; 85 FR 78467, Dec. 4, 2020; 88 FR 44562, July 12, 2023] | (a) When EPA has reason to believe that a violation of section 211(c) or section 211(n) of the Clean Air Act and the regulations thereunder has occurred, EPA may require any refiner, distributor, wholesale purchaser-consumer, or retailer to report the following information regarding receipt, transfer, delivery, or sale of gasoline represented to be unleaded gasoline and to allow the reproduction of such information at all reasonable times. (1) For any bulk shipment of gasoline represented to be unleaded gasoline which is transferred, sold, or delivered within the previous 6 months by a refiner or a distributor to a distributor, wholesale purchaser-consumer or a retail outlet, the refiner or distributor shall maintain and provide the following information as applicable: (i) Business or corporate name and address of distributors, wholesale purchaser-consumers or retail outlets to which the gasoline has been transferred, sold, or delivered. (ii) Quantity of gasoline involved. (iii) Date of delivery. (iv) Storage location of gasoline prior to transit via delivery vessel (e.g., location of a bulk terminal). (v) Business or corporate name and address of the person who delivered the gasoline. (vi) Identification of delivery vessel (e.g., truck number). This information shall be supplied by the person in paragraph (a)(1)(v) of this section who performed the delivery, e.g., common or contract carrier. (2) For any bulk shipment of gasoline represented to be unleaded gasoline received by a retail outlet or a wholesale-purchaser-consumer facility within the previous 6 months, whether by purchase or otherwise, the retailer or wholesale purchaser-consumer shall maintain accessibility to and provide the following information: (i) Business or corporate name and address of the distributor. (ii) Quantity of gasoline received. (iii) Date of receipt. (b) Upon request by EPA, any retailer shall provide documentation of his annual total sales volume in gallons of gasoline for each retail outlet for each calendar year begin… | |||
| 40:40:19.0.1.1.2.1.1.7 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and renewable fuels. | EPA | [88 FR 44563, July 12, 2023] | (a) Manual sampling. Manual sampling of tanks and pipelines shall be performed according to the applicable procedures specified in ASTM D4057 (incorporated by reference, see § 80.12). (b) Automatic sampling. Automatic sampling of petroleum products in pipelines shall be performed according to the applicable procedures specified in ASTM D4177 (incorporated by reference, see § 80.12). (c) Sampling and sample handling for volatility measurement. Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected and handled according to the applicable procedures specified in ASTM D5842 (incorporated by reference, see § 80.12). (d) Sample compositing. Composite samples shall be prepared using the applicable procedures specified in ASTM D5854 (incorporated by reference, see § 80.12). | |||
| 40:40:19.0.1.1.2.1.1.8 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.9 Rounding. | EPA | [88 FR 44563, July 12, 2023] | (a) Test results and calculated values reported to EPA under this part must be rounded according to 40 CFR 1090.50(a) through (d). (b) Calculated values under this part may only be rounded when reported to EPA. (c) Reported values under this part must be submitted using forms and procedures specified by EPA. | |||
| 40:40:19.0.1.1.2.1.1.9 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | A | Subpart A—General Provisions | § 80.10 Addresses. | EPA | [85 FR 7070, Feb. 6, 2020] | (a) For submitting notifications, applications, petitions, or other communications with EPA, use one of the following addresses for mailing: (1) For U.S. Mail: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code 6405A, Washington, DC 20460. (2) For commercial service: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, William Jefferson Clinton Building North, Mail Code 6405A, Room 6520V, 1200 Pennsylvania Ave. NW, Washington, DC 20004; Phone: 1-800-385-6164. (b) [Reserved] | |||
| 40:40:19.0.1.1.2.3.1.1 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | C | Subpart C—Oxygenated Gasoline | § 80.35 Labeling of retail gasoline pumps; oxygenated gasoline. | EPA | [57 FR 47771, Oct. 20, 1992] | (a) For oxygenated gasoline programs with a minimum oxygen content per gallon or minimum oxygen content requirement in conjunction with a credit program, the following shall apply: (1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement: The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles. The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles. (2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public. (3) The retailer shall be responsible for compliance with the labeling requirements of this section. (b) For oxygenated gasoline programs with a credit program and no minimum oxygen content requirement, the following shall apply: (1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement: The fuel dispensed from this pump meets the requirements of the Clean Air Act as part of a program to reduce carbon monoxide pollution from motor vehicles. The fuel dispensed from this pump meets the requirements of the Clean Air Act as part of a program to reduce carbon monoxide pollution from motor vehicles. (2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on t… | |||
| 40:40:19.0.1.1.2.3.1.2 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | C | Subpart C—Oxygenated Gasoline | §§ 80.36-80.39 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.5.1.1 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.100 Scope and application. | EPA | (a) Applicability. (1) The provisions of this subpart E apply to all the following: (i) Biogas. (ii) Treated biogas. (iii) Biogas-derived renewable fuel. (iv) RNG used to produce a biogas-derived renewable fuel. (v) RINs generated for RNG or a biogas-derived renewable fuel. (2) This subpart also specifies requirements for specified parties that engage in activities associated with the production, distribution, transfer, or use of biogas, treated biogas, biogas-derived renewable fuel, RNG used to produce a biogas-derived renewable fuel, and RINs generated for a biogas-derived renewable fuel under the RFS program. (b) Relationship to other fuels regulations. (1) The provisions of subpart M of this part also apply to the parties and products regulated under this subpart E. (2) The provisions of 40 CFR part 1090 include provisions that may apply to the parties and products regulated under this subpart E. (3) Parties and products subject to this subpart E may need to register a fuel or fuel additive under 40 CFR part 79. (c) Geographic scope. RINs must only be generated for biogas-derived renewable fuel used in the covered location. (d) Implementation dates —(1) General. The provisions of this subpart E apply beginning July 1, 2024, unless otherwise specified. (2) Registration. (i) Parties not registered to generate RINs under § 80.1426(f)(10)(ii) or (11)(ii) prior to July 1, 2024, must register with EPA under § 80.135. EPA will not accept registration submissions for the generation of RINs under § 80.1426(f)(10)(ii) and (11)(ii) on or after July 1, 2024. (ii) Parties registered to generate RINs under § 80.1426(f)(10)(ii) or (11)(ii) must submit updated registration information under § 80.135 no later than October 1, 2024. (iii) Independent third-party engineers may conduct engineering reviews for parties required to register under § 80.135 prior to July 1, 2024, as long as the engineering review satisfies all applicable requirements under §§ 80.135 and 80.1450. (3) Generation of RINs for RN… | ||||
| 40:40:19.0.1.1.2.5.1.10 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.145 Recordkeeping. | EPA | (a) General requirements —(1) Records to be kept. All parties subject to the requirements of this subpart must keep the following records: (i) Compliance report records. Records related to compliance reports submitted to EPA under this part as follows: (A) Copies of all reports submitted to EPA. (B) Copies of any confirmation received from the submission of such reports to EPA. (C) Copies of all underlying information and documentation used to prepare and submit the reports. (D) Copies of all calculations required under this subpart. (ii) Registration records. Records related to registration under this part and 40 CFR part 1090, subpart I, as follows: (A) Copies of all registration information and documentation submitted to EPA. (B) Copies of all underlying information and documentation used to prepare and submit the registration request. (iii) PTD records. Copies of all PTDs required under this part. (iv) Subpart M records. Any applicable record required under 40 CFR part 80, subpart M. (v) QAP records. Information and documentation related to participation in any QAP program, including contracts between the entity and the QAP provider, records related to verification activities under the QAP, and copies of any QAP-related submissions. (vi) Sampling, testing, and measurement records. Documents supporting the sampling, storage, testing, and measurement results relied upon under § 80.155, including all results, maintenance records, and calibration records. (vii) Other records. Any other records relied upon by the party to demonstrate compliance with this subpart. (viii) Potentially invalid RINs. Any records and copies of notifications related to potentially inaccurate or non-qualifying biogas volumes or potentially invalid RINs under § 80.185. (ix) RNG importers and foreign parties. Any records related to RNG importers and foreign parties under §§ 80.160, 80.1466, and 80.1467, as applicable. (2) Length of time records must be kept. The records required under this subpart must… | ||||
| 40:40:19.0.1.1.2.5.1.11 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.150 Product transfer documents. | EPA | (a) General requirements —(1) PTD contents. On each occasion when any person transfers title of any biogas or imported RNG without assigned RINs, the transferor must provide the transferee PTDs that include all the following information: (i) The name, EPA-issued company and facility IDs, and address of the transferor. (ii) The name, EPA-issued company and facility IDs, and address of the transferee. (iii) The volume (in Btu HHV for biogas or Btu LHV for RNG) of the product being transferred by D code and verification status. (iv) The location of the product at the time of the transfer. (v) The date of the transfer. (vi) Period of production. (2) Other PTD requirements. A party must also include any applicable PTD information required under § 80.1453 or 40 CFR part 1090, subpart L. (b) Additional PTD requirements for transfers of biogas. In addition to the information required in paragraph (a) of this section, on each occasion when any person transfers title of biogas, the transferor must provide the transferee PTDs that include all the following information: (1) An accurate and clear statement of the applicable designation of the biogas. (2) If the biogas is designated as a biointermediate, any applicable requirement specified in § 80.1453(f). (3) One of the following statements, as applicable: (i) For biogas designated for use to produce renewable CNG/LNG, “This volume of biogas is designated and intended for use to produce renewable CNG/LNG.” (ii) For biogas designated for use to produce RNG, “This volume of biogas is designated and intended for use to produce renewable natural gas.” (iii) For biogas designated for use as a biointermediate, the language found at § 80.1453(f)(1)(vi). (iv) For biogas designated for use as process heat or energy under § 80.1426(f)(12) or (13), “This volume of biogas is designated and intended for use as process heat or energy.” (c) PTD requirements for custodial transfers of RNG. On each occasion when custody of RNG is transferred prior to injection into a… | ||||
| 40:40:19.0.1.1.2.5.1.12 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.155 Sampling, testing, and measurement. | EPA | [88 FR 44564, July 12, 2023, as amended at 90 FR 29759, July 7, 2025] | (a) Biogas and RNG continuous measurement. Except as specified in paragraph (a)(5) of this section, any party required to measure the volume of biogas, RNG, or renewable CNG/LNG under this subpart must continuously measure using meters that comply with the requirements in paragraphs (a)(1) and (2) of this section, or have an accepted alternative measurement protocol as specified in paragraph (a)(3) of this section: (1) In-line GC meters compliant with ASTM D7164 (incorporated by reference, see § 80.12), including sections 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, and 9.11 of ASTM D7164. (2) Flow meters compliant with one of the following: (i) API MPMS 14.3.1, API MPMS 14.3.2, API MPMS 14.3.3, and API MPMS 14.3.4 (incorporated by reference, see § 80.12). (ii) API MPMS 14.12 (incorporated by reference, see § 80.12). (iii) EN 17526 (incorporated by reference, see § 80.12) compatible with gas type H. (3) EPA may accept an alternative measurement protocol if all the following conditions are met: (i) The party demonstrates that they are unable to continuously measure using meters that comply with the requirements in paragraphs (a)(1) and (2) of this section, as applicable. (ii) The party demonstrates that the alternative measurement protocol is at least as accurate and precise as the methods specified in paragraphs (a)(1) and (2) of this section, as applicable. (4) [Reserved] (5) An RNG RIN separator must measure natural gas or renewable CNG/LNG using one of the following: (i) A method specified in paragraphs (a)(1) through (3) of this section. (ii) Documentation ( e.g., pipeline or utility statements, scale tickets, or bills of lading) that establishes the volume of natural gas or renewable CNG/LNG. Documentation must be specified in Btu LHV or converted as specified in paragraph (f) of this section. (b) Biogas and RNG sampling and testing. Any party required to sample and test biogas or RNG under this subpart must do so as follows: (1) Collect representative samples of biogas or RNG using API MPMS 14.1 (incorp… | |||
| 40:40:19.0.1.1.2.5.1.13 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.160 RNG importers, foreign biogas producers, and foreign RNG producers. | EPA | (a) Applicability. The provisions of this section apply to any RNG importer or any foreign party subject to requirements of this subpart outside the United States. (b) General requirements. Any foreign party must meet all the following requirements: (1) Letter from RCO. The foreign party must provide a letter signed by the RCO that commits the foreign party to the applicable provisions specified in paragraphs (b)(4) and (c) of this section as part of their registration under § 80.135. (2) Bond posting. A foreign party that generates RINs must meet the bond requirements of § 80.1466(h). (3) Foreign RIN owners. A foreign party that owns RINs must meet the requirements of § 80.1467, including any foreign party that separates or retires RINs under § 80.125. (4) Foreign party commitments. Any foreign party must commit to the following provisions as a condition of being registered as a foreign party under this subpart: (i) Any EPA inspector or auditor must be given full, complete, and immediate access to conduct inspections and audits of all facilities subject to this subpart. (A) Inspections and audits may be either announced in advance by EPA, or unannounced. (B) Access will be provided to any location where: ( 1 ) Biogas, RNG, biointermediate, or biogas-derived renewable fuel is produced. ( 2 ) Documents related to the foreign party operations are kept. ( 3 ) Any product subject to this subpart ( e.g., biogas, RNG, biointermediates, or biogas-derived renewable fuel) that is stored or transported outside the United States between the foreign party's facility and the point of importation into the United States, including storage tanks, vessels, and pipelines. (C) EPA inspectors and auditors may be EPA employees or contractors to EPA. (D) Any documents requested that are related to matters covered by inspections and audits must be provided to an EPA inspector or auditor on request. (E) Inspections and audits may include review and copying of any documents related to the following: ( 1 ) The … | ||||
| 40:40:19.0.1.1.2.5.1.14 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.165 Attest engagements. | EPA | (a) General provisions. (1) The following parties must arrange for annual attestation engagement using agreed-upon procedures: (i) Biogas producers. (ii) RNG producers. (iii) RNG importers. (iv) Biogas closed distribution system RIN generators. (v) RNG RIN separators. (vi) Renewable fuel producers that use RNG as a feedstock. (2) The auditor performing attestation engagements required under this subpart must meet the requirements in 40 CFR 1090.1800(b). (3) The auditor must perform attestation engagements separately for each biogas production facility, RNG production facility, and renewable fuel production facility, as applicable. (4) Except as otherwise specified in this section, attest auditors may use the representative sampling procedures specified in 40 CFR 1090.1805. (5) Except as otherwise specified in this section, attest auditors must prepare and submit the annual attestation engagement following the procedures specified in 40 CFR 1090.1800(d). (b) General procedures for biogas producers. An attest auditor must conduct annual attestation audits for biogas producers using the following procedures: (1) Registration and EPA reports. The auditor must review registration and EPA reports as follows: (i) Obtain copies of all the following: (A) The biogas producer's registration information submitted under §§ 80.135 and 80.1450. (B) All reports submitted under §§ 80.140 and 80.1451. (ii) For each biogas production facility, confirm that the facility's registration is accurate based on the activities reported during the compliance period and confirm any related updates were completed prior to conducting regulated activities at the facility and report as a finding any exceptions. (iii)(A) Report the date of the last engineering review conducted under §§ 80.135(b)(3) and 80.1450(b), as applicable. (B) Report as a finding if the last engineering review is outside of the schedule specified in § 80.1450(d)(3)(ii). (iv) Confirm that the biogas producer submitted all reports required under §§ 80… | ||||
| 40:40:19.0.1.1.2.5.1.15 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.170 Quality assurance plan. | EPA | (a) General requirements. This section specifies the requirements for QAPs related to the verification of RINs generated for RNG and biogas-derived renewable fuel. (1) For the generation of Q-RINs for RNG or biogas-derived renewable fuel, the same independent third-party auditor must verify each party as follows: (i) For RNG, all the RNG production facilities that inject into the same pipeline interconnect and all the biogas production facilities that provide feedstock to those RNG production facilities. (ii) For renewable CNG/LNG produced from RNG, the biogas producer and the RNG producer. (iii) For renewable CNG/LNG produced from biogas in a biogas closed distribution system, the biogas producer, the biogas closed distribution system RIN generator, and any party deemed necessary by EPA to ensure that the renewable CNG/LNG was used as transportation fuel. (iv) For biogas-derived renewable fuel produced from biogas used as a biointermediate, the biogas producer, the producer of the biogas-derived renewable fuel, and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel. (v) For biogas-derived renewable fuel produced from RNG used as a feedstock, the producer of the biogas-derived renewable fuel and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel. (2) Independent third-party auditors that verify RINs generated under this subpart must meet the requirements in § 80.1471(a) through (c), (g), and (h). (3)(i) QAPs approved by EPA to verify RINs generated under this subpart must meet the applicable requirements in § 80.1469. (ii) EPA may revoke or void a QAP as specified in § 80.1469(e)(4) or (5). (4) Independent third-party auditors must conduct quality assurance audits at biogas production facilities, RNG production facilities, renewable fuel production facilities, and any facility or locatio… | ||||
| 40:40:19.0.1.1.2.5.1.16 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.175 Prohibited acts and liability provisions. | EPA | (a) Prohibited acts. (1) It is a prohibited act for any person to act in violation of this subpart or fail to meet a requirement that applies to that person under this subpart. (2) No person may cause another person to commit an act in violation of this subpart. (b) Liability provisions —(1) General. (i) Any person who commits any prohibited act or requirement in this subpart is liable for the violation. (ii) Any person who causes another person to commit a prohibited act under this subpart is liable for that violation. (iii) Any parent corporation is liable for any violation committed by any of its wholly-owned subsidiaries. (iv) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or any violation of this subpart that is committed by the joint venture operation or any of the joint owners of the facility. (v) Any person listed in paragraphs (b)(2) through (4) of this section is liable for any violation of a prohibition specified in paragraph (a) of this section or failure to meet a requirement of any provision of this subpart regardless of whether the person violated or caused the violation unless the person establishes an affirmative defense under § 80.180. (vi) The liability provisions of § 80.1461 also apply to any person subject to the provisions of this subpart. (2) Biogas liability. When biogas is found in violation of a prohibition specified in paragraph (a) of this section or § 80.1460, the following persons are deemed in violation: (i) The biogas producer that produced the biogas. (ii) Any RNG producer that used the biogas to produce RNG. (iii) Any biointermediate producer that used the biogas to produce a biointermediate. (iv) Any person that used the biogas, RNG produced from the biogas, or biointermediate produced from the biogas to produce a biogas-derived renewable fuel. (v) Any person that generat… | ||||
| 40:40:19.0.1.1.2.5.1.17 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.180 Affirmative defense provisions. | EPA | (a) Applicability. A person may establish an affirmative defense to a violation that person is liable for under § 80.175(b) if that person satisfies all applicable elements of an affirmative defense in this section. (1) No person that generates a RIN for biogas-derived renewable fuel may establish an affirmative defense under this section. (2) A person that is a biogas producer may not establish an affirmative defense under this section for a violation that the biogas producer is liable for under § 80.175(b)(1) and (2). (3) A person that is an RNG producer may not establish an affirmative defense under this section for a violation that the RNG producer is liable for under § 80.175(b)(1) and (3). (b) General elements. A person may only establish an affirmative defense under this section if the person meets all the following requirements: (1) The person, or any of the person's employees or agents, did not cause the violation. (2) The person did not know or have reason to know that the biogas, treated biogas, RNG, biogas-derived renewable fuel, or RIN was in violation of a prohibition or requirement under this subpart. (3) The person must have had no financial interest in the company that caused the violation. (4) If the person self-identified the violation, the person notified EPA within five business days of discovering the violation. (5) The person must submit a written report to the EPA including all pertinent supporting documentation, demonstrating that the applicable elements of this section were met within 30 days of the person discovering the invalidity. (c) Biogas producer elements. In addition to the elements specified in paragraph (b) of this section, a biogas producer must also meet all the following requirements to establish an affirmative defense: (1) The biogas producer conducted or arranged to be conducted a quality assurance program that includes, at a minimum, a periodic sampling, testing, and measurement program adequately designed to ensure their biogas meets the applicable requi… | ||||
| 40:40:19.0.1.1.2.5.1.18 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.185 Potentially invalid RINs. | EPA | (a) Identification and treatment of potentially invalid RINs (PIRs). (1) Any RIN can be identified as a PIR by the biogas producer, the RIN generator, the independent third-party auditor that verified the RIN, or EPA. (2) Any party listed in paragraph (a)(1) of this section must use the procedures specified in § 80.1474(b) for identification and treatment of PIRs and retire any PIRs under § 80.1434(a). (b) Potentially inaccurate or non-qualifying volumes of biogas-derived renewable fuel. (1) Any party that becomes aware of a volume of biogas-derived renewable fuel that does not meet the applicable requirements for such fuel under this part must notify the next party in the production chain within 5 business days. (i) Biointermediate producers must notify the renewable fuel producer receiving the biointermediate within 5 business days. (ii) If the volume of biogas-derived renewable fuel was audited under § 80.170, the party must notify the independent third-party auditor within 5 business days. (iii) Non-RIN generating foreign RNG producers must comply with the requirements of this section and notify the importer generating RINs and other parties in the production chain, as applicable. (iv) Each notified party must notify EPA within 5 business days. (2) Any party that is notified of a volume of biogas-derived renewable fuel that does not meet the applicable requirements for such fuel under this part must correct affected volumes of biogas-derived renewable fuel under paragraph (a)(2) of this section, as applicable. (c) Potential double counting. (1)(i) When any party becomes aware of any of the following, they must notify EPA and the RIN generator, if known, within 5 business days of initial discovery: (A) More than one RIN being generated for renewable fuel produced from the same volume of biogas, treated biogas, or RNG. (B) More than one RIN being generated for the same volume of biogas-derived renewable fuel or RNG. (C) A party taking credit for biogas, treated biogas, or RNG under a non-transp… | ||||
| 40:40:19.0.1.1.2.5.1.2 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.105 Biogas producers. | EPA | [88 FR 44564, July 12, 2023, as amended at 90 FR 12114, Mar. 14, 2025] | (a) General requirements. (1) Any biogas producer that produces biogas for use to produce RNG or a biogas-derived renewable fuel, or that produces biogas used as a biointermediate, must comply with the requirements of this section. (2) The biogas producer must also comply with all other applicable requirements of this part and 40 CFR part 1090. (3) If the biogas producer meets the definition of more than one type of regulated party under this part or 40 CFR part 1090, the biogas producer must comply with the requirements applicable to each of those types of regulated parties. (4) The biogas producer must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section. (b) Registration. The biogas producer must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable. (c) Reporting. The biogas producer must submit reports to EPA under §§ 80.140 and 80.1451, as applicable. (d) Recordkeeping. The biogas producer must create and maintain records under §§ 80.145 and 80.1454. (e) PTDs. On each occasion when the biogas producer transfers title of any biogas, the transferor must provide to the transferee PTDs under § 80.150. (f) Sampling, testing, and measurement. (1) All sampling, testing, and measurements must be done in accordance with § 80.155. (2)(i) A biogas producer must measure the volume of biogas, in Btu HHV, prior to converting biogas to any of the following: (A) RNG. (B) Treated biogas. (C) Biointermediate. (D) Biogas-derived renewable fuel. (E) Process heat or energy under § 80.1426(f)(12) or (13). (ii) Except for biogas produced from a mixed digester, a biogas producer must measure the volume of biogas, in Btu HHV, for each batch pathway prior to mixing with biogas produced under a different batch pathway or with non-qualifying gas. (iii) For biogas produced from a mixed digester, a biogas producer must do all the following for each mixed digester: (A) Measure the volume of biogas, in B… | |||
| 40:40:19.0.1.1.2.5.1.3 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.110 RNG producers, RNG importers, and biogas closed distribution system RIN generators. | EPA | [88 FR 44564, July 12, 2023, as amended at 90 FR 12114, Mar. 14, 2025] | (a) General requirements. (1) Any RNG producer, RNG importer, or biogas closed distribution system RIN generator that generates RINs must comply with the requirements of this section. (2) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must also comply with all other applicable requirements of this part and 40 CFR part 1090. (3) If the RNG producer, RNG importer, or biogas closed distribution system RIN generator meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the RNG producer, RNG importer, or biogas closed distribution system RIN generator must comply with the requirements applicable to each of those types of regulated parties. (4) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section. (5) The transfer and batch segregation limits specified in § 80.1476(g) do not apply. (b) Registration. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable. (c) Reporting. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable. (d) Recordkeeping. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must create and maintain records under §§ 80.145 and 80.1454. (e) PTDs. On each occasion when the RNG producer, RNG importer, or biogas closed distribution system RIN generator transfers RNG, renewable fuel, or RINs to another party, the transferor must provide to the transferee PTDs under §§ 80.150 and 80.1453, as applicable. (f) Sampling, testing, and measurement. (1) All sampling, testing, and measurements must be done in accordance with § 80.155. (2)(i) An RNG producer must measure the volume of RNG, in Btu LHV, pri… | |||
| 40:40:19.0.1.1.2.5.1.4 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.115 RNG RIN separators. | EPA | (a) General requirements. (1) Any RNG RIN separator must comply with the requirements of this section. (2) The RNG RIN separator must also comply with all other applicable requirements of this part and 40 CFR part 1090. (3) If the RNG RIN separator meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the RNG RIN separator must comply with the requirements applicable to each of those types of regulated parties. (4) The RNG RIN separator must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section. (b) Registration. (1) The RNG RIN separator must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable. (2) A dispensing location may only be included in one RNG RIN separator's registration at a time. (c) Reporting. The RNG RIN separator must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable. (d) Recordkeeping. The RNG RIN separator must create and maintain records under §§ 80.145 and 80.1454. (e) PTDs. On each occasion when the RNG RIN separator transfers title of renewable fuel and RINs to another party, the transferor must provide to the transferee PTDs under § 80.1453. (f) Measurement. (1) All measurements must be done in accordance with § 80.155. (2) An RNG RIN separator must measure the volume of natural gas, in Btu LHV, withdrawn from the natural gas commercial pipeline system. (g) Attest engagements. The RNG RIN separator must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805. | ||||
| 40:40:19.0.1.1.2.5.1.5 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.120 Parties that use biogas as a biointermediate or RNG as a feedstock or as process heat or energy. | EPA | (a) General requirements. (1) Any renewable fuel producer that uses biogas as a biointermediate or RNG as a feedstock or as process heat or energy under § 80.1426(f)(12) or (13) must comply with the requirements of this section. (2) The renewable fuel producer must also comply with all other applicable requirements of this part and 40 CFR part 1090. (3) If the renewable fuel producer meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the renewable fuel producer must comply with the requirements applicable to each of those types of regulated parties. (4) The renewable fuel producer must comply with all applicable requirements of this part, regardless of whether they are identified in this section. (5) The transfer and batch segregation limits specified in § 80.1476(g) do not apply. (b) Registration. The renewable fuel producer must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable. (c) Reporting. The renewable fuel producer must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable. (d) Recordkeeping. The renewable fuel producer must create and maintain records under §§ 80.145 and 80.1454. (e) PTDs. On each occasion when the renewable fuel producer transfers title of biogas-derived renewable fuel and RINs to another party, the transferor must provide to the transferee PTDs under §§ 80.150 and 80.1453. (f) Measurement. (1) All measurements must be done in accordance with § 80.155. (2) A renewable fuel producer must measure the volume of natural gas, in Btu LHV, withdrawn from the natural gas commercial pipeline system. (g) Attest engagements. The renewable fuel producer must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805. (h) QAP. Prior to the generation of a Q-RIN for biogas-derived renewable fuel produced from biogas used as a biointermediate or RNG used as a feedstock, the renewable fuel produc… | ||||
| 40:40:19.0.1.1.2.5.1.6 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.125 RINs for RNG. | EPA | (a) General requirements. (1) Any party that generates, assigns, transfers, receives, separates, or retires RINs for RNG must comply with the requirements of this section. (2) Any party that transacts RINs for RNG under this section must transact the RINs as specified in § 80.1452. (b) RIN generation. (1) Only RNG producers may generate RINs for RNG injected into a natural gas commercial pipeline system. (2) RNG producers must generate RINs for only the biomethane content of biogas supplied by a biogas producer registered under § 80.135. (3) RNG producers must generate RINs using the applicable requirements for RIN generation in § 80.1426. (4) If non-renewable components are blended into RNG, the RNG producer must generate RINs for only the biomethane content of the RNG prior to blending. (5) RNG producers must use the measurement procedures specified in § 80.155 to determine the heating value of RNG for the generation of RINs. (6) The number of RINs generated for a batch volume of RNG under each batch pathway must be calculated as follows: Where: RIN RNG,p = The number of RINs generated for a batch of RNG under batch pathway p, in gallon-RINs. V RNG,p = The batch volume of RNG for batch pathway p, in Btu LHV, per § 80.110(j)(4). EqV RNG = The equivalence value for RNG, in Btu LHV per RIN, per § 80.1415(b)(5). Where: RIN RNG,p = The number of RINs generated for a batch of RNG under batch pathway p, in gallon-RINs. V RNG,p = The batch volume of RNG for batch pathway p, in Btu LHV, per § 80.110(j)(4). EqV RNG = The equivalence value for RNG, in Btu LHV per RIN, per § 80.1415(b)(5). (7) When RNG is injected from multiple RNG production facilities at a pipeline interconnect, the total number of RINs generated must not be greater than the total number of RINs eligible to be generated under § 80.1415(b)(5) for the total volume of RNG injected by all RNG production facilities at that pipeline interconnect. (8) For RNG that is trucked prior to injection into a natural gas commercial pipel… | ||||
| 40:40:19.0.1.1.2.5.1.7 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.130 RINs for renewable CNG/LNG from a biogas closed distribution system. | EPA | (a) General requirements. (1) Any party that generates, assigns, separates, or retires RINs for renewable CNG/LNG from a biogas closed distribution system must comply with the requirements of this section. (2) Parties must report all RIN transactions to EMTS as specified in § 80.1452. (b) RIN generation. (1) Biogas closed distribution system RIN generators must generate RINs using the applicable requirements for RIN generation in under this part. (2) RINs for renewable CNG/LNG from a biogas closed distribution system may be generated if all the following requirements are met: (i) The renewable CNG/LNG is produced from renewable biomass and qualifies to generate RINs under an approved pathway. (ii) The biogas closed distribution system RIN generator has entered into a written contract for the sale or use of a specific quantity of renewable CNG/LNG for use as transportation fuel, and has obtained affidavits from all parties selling or using the renewable CNG/LNG certifying that the renewable CNG/LNG was used as transportation fuel. (iii) The renewable CNG/LNG is used as transportation fuel and for no other purpose. (c) RIN separation. A biogas closed distribution system RIN generator must separate RINs generated for renewable CNG/LNG under § 80.1429(b)(5)(ii). (d) RIN retirement. A party must retire RINs generated for renewable CNG/LNG from a biogas closed distribution if any of the conditions specified in § 80.1434(a) apply and must comply with § 80.1434(b). | ||||
| 40:40:19.0.1.1.2.5.1.8 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.135 Registration. | EPA | (a) Applicability. The following parties must register using the procedures specified in this section, § 80.1450 and 40 CFR 1090.800: (1) Biogas producers. (2) RNG producers. (3) RNG importers. (4) Biogas closed distribution system RIN generators. (5) RNG RIN separators. (6) Renewable fuel producers using biogas as a biointermediate or RNG as a feedstock. (b) General registration requirements. Parties must submit applicable information for companies and facilities as specified in 40 CFR 1090.805. (1) New registrants. (i) Parties required to register under this subpart must have an EPA-accepted registration prior to engaging in regulated activities under this subpart. (ii) Registration information must be submitted at least 60 days prior to engaging in regulated activities under this subpart. (iii) Parties may engage in regulated activities under this subpart once EPA has accepted their registration and they have met all other applicable requirements under this subpart. (2) Existing renewable CNG/LNG registrations. (i) Parties listed in paragraph (a) of this section must submit updated registration information that complies with the applicable requirements of this section for any company or facility covered by a registration accepted under § 80.1450(b) for the generation of RINs under § 80.1426(f)(10)(ii) or (11)(ii) no later than October 1, 2024. (ii) A biogas closed distribution system RIN generator or biogas producer does not need to submit an updated engineering review for any facility in the biogas closed distribution system as specified in § 80.1450(d)(1) before the next three-year engineering review update is due as specified in § 80.1450(d)(3). (3) Engineering reviews. (i) Any party required to register a facility under this section must undergo all the following: (A) A third-party engineering review as specified in § 80.1450(b)(2). (B) Three-year engineering review updates as specified in § 80.1450(d)(3). (ii) Third-party engineering reviews and three-year engineering review upda… | ||||
| 40:40:19.0.1.1.2.5.1.9 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | E | Subpart E—Biogas-Derived Renewable Fuel | § 80.140 Reporting. | EPA | [88 FR 44564, July 12, 2023; 88 FR 51239, Aug. 3, 2023] | (a) General provisions —(1) Applicability. Parties must submit reports to EPA according to the schedule and containing all applicable information specified in this section. (2) Forms and procedures for report submission. All reports required under this section must be submitted using forms and procedures specified by EPA. (3) Additional reporting elements. In addition to any applicable reporting requirement under this section, parties must submit any additional information EPA requires to administer the reporting requirements of this section. (4) English language reports. All reported information submitted to EPA under this section must be submitted in English, or must include an English translation. (5) Signature of reports. Reports required under this section must be signed and certified as meeting all the applicable requirements of this subpart by the RCO or their delegate identified in the company registration under 40 CFR 1090.805(a)(1)(iv). (6) Report submission deadlines. Reports required under this section must be submitted by the following deadlines: (i) Monthly reports must be submitted by the applicable monthly deadline in § 80.1451(f)(4). (ii) Quarterly reports must be submitted by the applicable quarterly deadline in § 80.1451(f)(2). (iii) Annual reports must be submitted by the applicable annual deadline in § 80.1451(f)(1). (7) Volume standardization. (i) All volumes reported to EPA in scf under this section must be standardized to STP. (ii) All volumes reported to EPA in Btu under this section must be converted according to § 80.155(f), if applicable. (iii) All other volumes reported to EPA under this section must be standardized according to § 80.1426(f)(8). (b) Biogas producers. A biogas producer must submit monthly reports to EPA containing all the following information for each batch of biogas: (1) Batch number. (2) Production date (end date of the calendar month). (3) Verification status of the batch. (4) The batch volume of biogas supplied to the downstream pa… | |||
| 40:40:19.0.1.1.2.7.1.1 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1400 Applicability. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 85 FR 78467, Dec. 4, 2020] | 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. | |||
| 40:40:19.0.1.1.2.7.1.10 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | §§ 80.1409-80.1414 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.11 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1415 How are equivalence values assigned to renewable fuel? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 77 FR 1355, Jan. 9, 2012; 79 FR 42159, July 18, 2014; 85 FR 7075, Feb. 6, 2020; 87 FR 39661, July 1, 2022; 88 FR 44581, July 12, 2023] | (a)(1) Each gallon of a renewable fuel, or gallon equivalent pursuant to paragraph (b)(5) or (b)(6) 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 gallon-RINs can be generated for a gallon 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 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 shall have an equivalence value of 1.7. (5) 77,000 Btu LHV of renewable CNG/LNG or RNG shall represent one gallon of renewable fuel with an equivalence value of 1.0. (6) 22.6 kWh of electricity shall represent one gallon of renewable fuel with an equivalence value of 1.0. (7) For all other renewable fuels, a producer or importer must submit an application to EPA 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) of this section 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: EqV = (R/0.972) * (EC/77,000) Where: EqV = 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 renewable biomass, expressed as a fraction, on an energy basis. EC = Energy content of the renewable f… | |||
| 40:40:19.0.1.1.2.7.1.12 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1416 Petition process for evaluation of new renewable fuels pathways. | EPA | [75 FR 26037, May 10, 2010, as amended at 79 FR 42160, July 18, 2014; 85 FR 78467, Dec. 4, 2020; 87 FR 39662, July 1, 2022; 88 FR 44582, July 12, 2023] | (a) Pursuant to this section, a party may petition EPA to assign a D code for their renewable fuel if any of the following apply: (1) The renewable fuel pathway has not been evaluated by EPA to determine if it qualifies for a D code pursuant to § 80.1426(f). (2) The renewable fuel pathway has been determined by EPA not to qualify for a D code pursuant to § 80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA. (3) The renewable fuel pathway has been determined to qualify for a certain D code pursuant to § 80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA that may qualify their fuel pathway for a different D code. (b)(1) Any petition under paragraph (a) of this section shall include all the following: (i) The information specified under 40 CFR 1090.805. (ii) A technical justification that includes a description of the renewable fuel, feedstock(s), and biointermediate(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 and biointermediates, fuels produced, co-products, 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) EPA may ask for additional information to complete the lifecycle greenhouse gas assessment of the new fuel or pathway. (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 r… | |||
| 40:40:19.0.1.1.2.7.1.13 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | §§ 80.1417-80.1424 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.14 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1425 Renewable Identification Numbers (RINs). | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 79977, Dec. 21, 2010] | RINs generated on or after July 1, 2010 shall not be generated as a 38-digit code, but shall be identified by the information specified in paragraphs (a) through (i) of this section and introduced into EMTS as data elements during the generation of RINs pursuant to § 80.1452(b). For RINs generated prior to July 1, 2010, each RIN is a 38-digit code of the following form: (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. (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. (i) EEEEEEEE is a number representing the last gallon-RIN associated with a volume of renewable fuel. | |||
| 40:40:19.0.1.1.2.7.1.15 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1426 How are RINs generated and assigned to batches of renewable fuel? | EPA | [75 FR 14863, Mar. 26, 2010] | (a) General requirements. (1) Renewable fuel producers, importers of renewable fuel, and other parties allowed to generate RINs under this part may only generate RINs to represent renewable fuel if they meet the requirements of paragraphs (b) and (c) of this section and if all the following occur: (i) The fuel qualifies for a D code pursuant to § 80.1426(f), or the EPA has approved a petition for use of a D code pursuant to § 80.1416. (ii) The fuel 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] (iii) The fuel was produced in compliance with the registration requirements of § 80.1450, the reporting requirements of § 80.1451, the recordkeeping requirements of § 80.1454, all conditions set forth in an approval document for a pathway petition submitted under § 80.1416, and all other applicable regulations of this subpart M. (iv) The fuel is designated on a product transfer document (PTD) for use as transportation fuel, heating oil, or jet fuel in accordance with § 80.1453(a)(12). (2) To generate RINs for imported renewable fuel, including any renewable fuel contained in imported transportation fuel, heating oil, or jet fuel, importers must obtain information from a non-RIN-generating foreign renewable fuel producer that is registered pursuant to § 80.1450 sufficient to make the appropriate determination regarding the applicable D code and compliance with 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. (4) Where a feedstock or biointermediate is used to produce renewable fuel and is not entirely renewable bi… | |||
| 40:40:19.0.1.1.2.7.1.16 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1427 How are RINs used to demonstrate compliance? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 79 FR 42114, July 18, 2014; 85 FR 7076, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 88 FR 44584, July 12, 2023] | (a) Obligated party renewable volume obligations. (1) Except as specified in paragraph (b) of this section or § 80.1456, each party that is an obligated party and is obligated to meet the Renewable Volume Obligations under § 80.1407 must demonstrate pursuant to § 80.1451(a)(1) that it has retired for compliance purposes a sufficient number of RINs to satisfy the following equations: (i) Cellulosic biofuel. ( ∑ RINNUM) CB,i + ( ∑ RINNUM) CB,i-1 = RVO CB,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 RVO CB,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 RVO CB,i , in gallons. RVO CB,i = The Renewable Volume Obligation for cellulosic biofuel for the obligated party for calendar year i, in gallons, pursuant to § 80.1407. 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 RVO CB,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 RVO CB,i , in gallons. RVO CB,i = The Renewable Volume Obligation for cellulosic biofuel for the obligated party for calendar year i, in gallons, pursuant to § 80.1407. (ii) Biomass-based diesel. Except as provided in paragraph (a)(7) of this section, ( ∑ RINNUM) BBD,i + ( ∑ RINNUM) BBD,i-1 = RVO BBD,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 RVO BBD,i , in gallons. ( ∑ RINNUM) BBD,i-1 = Sum of all owned gallon-RINs that are valid for use in complying … | |||
| 40:40:19.0.1.1.2.7.1.17 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1428 General requirements for RIN distribution. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 87 FR 39664, July 1, 2022; 88 FR 44584, July 12, 2023] | (a) RINs assigned to volumes of renewable fuel or RNG. (1) Except as provided in §§ 80.1429 and 80.125(d), no person can separate a RIN that has been assigned to a volume of renewable fuel or RNG pursuant to § 80.1426(e). (2) An assigned RIN cannot be transferred to another person without simultaneously transferring a volume of renewable fuel or RNG to that same person. (3) Assigned gallon-RINs with a K code of 1 can be transferred to another person based on the following: (i) Except for RNG, 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. (ii) For RNG, the transferor of assigned RINs for RNG must transfer RINs under § 80.125(c). (4)(i) Except for RNG, on each of the dates listed in paragraph (a)(4)(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 ≤ V d * 2.5 Where: RIN d = Total number of assigned gallon-RINs with a K code of 1 that are owned on date d. V d = Standardized total volume of renewable fuel owned on date d, in gallons, per § 80.1426(f)(8). Where: RIN d = Total number of assigned gallon-RINs with a K code of 1 that are owned on date d. V d = Standardized total volume of renewable fuel owned on date d, in gallons, per § 80.1426(f)(8). (ii) The applicable dates are March 31, June 30, September 30, and December 31. (5) Any transfer of ownership of assigned RINs must be documented on product transfer documents generated pursuant to § 80.1453. (i) The RIN must be recorded on the product transfer document used to transfer ownership of the volume of renewable fuel or RNG 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 or RNG. (b) RINs separated from volumes of renewable fuel or RNG… | |||
| 40:40:19.0.1.1.2.7.1.18 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1429 Requirements for separating RINs from volumes of renewable fuel or RNG. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 77 FR 1355, Jan. 9, 2012; 79 FR 42115, July 18, 2014; 85 FR 7076, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39664, July 1, 2022; 88 FR 44585, July 12, 2023] | (a)(1) Separation of a RIN from a volume of renewable fuel or RNG means termination of the assignment of the RIN to a volume of renewable fuel or RNG. (2) RINs that have been separated from volumes of renewable fuel or RNG become separated RINs subject to the provisions of § 80.1428(b). (b) A RIN that is assigned to a volume of renewable fuel or RNG can be separated from that volume only under one of the following conditions: (1) Except as provided in paragraphs (b)(7) and (9) of this section and § 80.125(d)(3), an obligated party 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 fossil-based 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 exporter of renewable fuel must separate any RINs that have been assigned to the exported renewable fuel volume. An exporter of renewable fuel may separate up to 2.5 RINs per gallon of exported renewable fuel. (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)(i) 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: (A) The party designates the electricity or … | |||
| 40:40:19.0.1.1.2.7.1.19 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1430 Requirements for exporters of renewable fuels. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 79 FR 42115, July 18, 2014; 85 FR 7076, Feb. 6, 2020; 87 FR 39665, July 1, 2022; 88 FR 44585, July 12, 2023] | (a) Any exporter of renewable fuel, whether in its neat form or blended shall acquire sufficient RINs to comply with all applicable Renewable Volume Obligations under paragraphs (b) through (e) of this section representing the exported renewable fuel. No provision of this section applies to renewable fuel purchased directly from the renewable fuel producer and for which the exporter of renewable fuel can demonstrate that no RINs were generated through the recordkeeping requirements of § 80.1454(a)(6). (b) Exporter Renewable Volume Obligations (ERVOs). An exporter of renewable fuel shall determine its Exporter Renewable Volume Obligations from the volumes of the renewable fuel exported. (1) Cellulosic biofuel. ERVO CB,k = VOL k * EV k Where: ERVO CB,k = The Exporter Renewable Volume Obligation for cellulosic biofuel for discrete volume k in gallons. k = A discrete volume of renewable fuel that the exporter of renewable fuel knows or has reason to know is cellulosic biofuel that is exported in a single shipment. VOL k = The standardized volume of discrete volume k, in gallons, calculated in accordance with § 80.1426(f)(8). EV k = The equivalence value associated with discrete volume k. Where: ERVO CB,k = The Exporter Renewable Volume Obligation for cellulosic biofuel for discrete volume k in gallons. k = A discrete volume of renewable fuel that the exporter of renewable fuel knows or has reason to know is cellulosic biofuel that is exported in a single shipment. VOL k = The standardized volume of discrete volume k, in gallons, calculated in accordance with § 80.1426(f)(8). EV k = The equivalence value associated with discrete volume k. (2) Biomass-based diesel. ERVO BBD,k = VOL k * EV k Where: ERVO BBDI,k = The Exporter Renewable Volume Obligation for biomass-based diesel for discrete volume k, in gallons. k = A discrete volume of renewable fuel that is biodiesel or renewable diesel and is exported in a single shipment. VOL k = The standardized volume of discrete volum… | |||
| 40:40:19.0.1.1.2.7.1.2 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1401 Definitions. | EPA | [88 FR 44580, July 12, 2023] | The definitions of § 80.2 apply for the purposes of this subpart M. | |||
| 40:40:19.0.1.1.2.7.1.20 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1431 Treatment of invalid RINs. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 77 FR 1355, Jan. 9, 2012; 79 FR 42115, July 18, 2014; 85 FR 7076, Feb. 6, 2020; 87 FR 39665, July 1, 2022; 88 FR 44585, July 12, 2023] | (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 or RNG. (vii) Was assigned an incorrect “D” code value under § 80.1426(f) for the associated volume of fuel. (viii) Was generated for fuel that was not used in the covered location. (ix) Was otherwise improperly generated. (x) Was inappropriately separated under § 80.125(d). (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. (3) If any RIN generated for a batch of renewable fuel produced using a biointermediate is invalid, then all RINs generated for that batch of renewable fuel are deemed invalid, unless EPA in its sole discretion determines that some portion of those RINs are valid. (4) If any RIN generated for a batch of renewable fuel that had RINs apportioned through § 80.1426(f)(3) is invalid, then all RINs generated for that batch of renewable fuel are deemed invalid, unless EPA in its sole discretion determines that some portion of those RINs are valid. (b) Except as provided in paragraph (c) of this section and § 80.1473, the following provisions apply in the case of RINs that are invalid: (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 of renewable fu… | |||
| 40:40:19.0.1.1.2.7.1.21 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1432 Reported spillage or disposal of renewable fuel. | EPA | (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. (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. | ||||
| 40:40:19.0.1.1.2.7.1.22 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1433 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.23 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1434 RIN retirement. | EPA | [85 FR 7076, Feb. 6, 2020, as amended at 88 FR 44585, July 12, 2023] | (a) A RIN must be retired in any of the following cases: (1) Demonstrate annual compliance. Except as specified in paragraph (b) of this section or § 80.1456, an obligated party required to meet the RVO under § 80.1407 must retire a sufficient number of RINs to demonstrate compliance with an applicable RVO. (2) Exported renewable fuel. Any exporter of renewable fuel that incurs an ERVO as described in § 80.1430(a) shall retire RINs pursuant to §§ 80.1430(b) through (g) and 80.1427(c). (3) Volume error correction. A RIN must be retired when it was based on incorrect volumes or volumes that have not been standardized to 60 °F as described in § 80.1426(f)(8). (4) Import volume correction. Where the port of entry volume is the lesser of the two volumes in § 80.1466(e)(1)(i), 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 retire that amount of RINs in accordance with § 80.1466(k)(4). (5) Spillage, leakage, or disposal of renewable fuels. Except as provided in § 80.1432(c), in the event that a reported spillage, leakage, or disposal of any volume of renewable fuel, the owner of the renewable fuel must notify any holder or holders of the attached RINs and retire a number of gallon-RINs corresponding to the volume of spilled or disposed of renewable fuel multiplied by its equivalence value in accordance with § 80.1432(b). (6) Contaminated or spoiled fuel. In the event that contamination or spoliation of any volume of renewable fuel is reported, the owner of the renewable fuel must notify any holder or holders of the attached RINs and retire a number of gallon-RINs corresponding to the volume of contaminated or spoiled renewable fuel multiplied by its equivalence value. (i) If the equivalence value for the contaminated or spoiled volume may be determined pursuant to § 80.1415 based on its composition, then the appropr… | |||
| 40:40:19.0.1.1.2.7.1.24 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1435 How are RIN holdings and RIN holding thresholds calculated? | EPA | [84 FR 27022, June 10, 2019, as amended at 87 FR 39665, July 1, 2022; 88 FR 44586, July 12, 2023] | Beginning January 1, 2020, any party that holds RINs must comply with the requirements of this section. (a) RIN holdings calculation. (1) Each party must calculate daily end-of-day separated D6 RIN holdings by aggregating its end-of-day separated D6 RIN holdings with the end-of-day separated D6 RIN holdings of all corporate affiliates in a corporate affiliate group and use the end-of-day separated D6 RIN holdings as specified in paragraph (b) of this section. (2) Each party must calculate, as applicable, the holdings-to-market percentage under paragraph (b)(1) of this section and the holdings-to-obligation percentage under paragraph (b)(2) of this section quarterly in accordance with the schedule specified in Table 1 to § 80.1451. (3) For a corporate affiliate group containing at least one obligated party that has a holdings-to-market percentage greater than 3.00 percent for any calendar day in a compliance period, as determined under paragraph (b)(1) of this section, each party must calculate the corporate affiliate group's holdings-to-obligation percentage as specified in paragraph (b)(2) of this section. (4) Each party must individually keep copies of all calculations and supporting information for separated D6 RIN holding threshold calculations required under this section as specified in § 80.1454(p). (b) RIN holding thresholds calculations —(1) Primary test calculations. For each day in a compliance period, each party that owns RINs must calculate the holdings-to-market percentage for their corporate affiliate group using the method specified in paragraph (b)(1)(i) or (b)(1)(ii) of this section, as applicable. (i) For each day beginning January 1 through March 31, calculate the holdings-to-market percentage for a corporate affiliate group as follows: HTMP d = [(ΣD6RIN d ) a /(CNV_VOL TOT,i * 1.25)] * 100 Where: HTMP d = The holdings-to-market percentage is the percentage of separated D6 RINs a corporate affiliate group holds on calendar day d relative to the total expected number of separa… | |||
| 40:40:19.0.1.1.2.7.1.25 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | §§ 80.1436-80.1439 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.26 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1440 What are the provisions for blenders who handle and blend less than 250,000 gallons of renewable fuel per year or who handle renewable fuel blended for fuels under a national security exemption? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 79 FR 42162, July 18, 2014; 85 FR 7077, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020, 90 FR 12114, Mar. 14, 2025] | (a)(1) Renewable fuel blenders who handle and blend less than 250,000 gallons of renewable fuel per year, and who do not have one or more reported or unreported 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. (2) Renewable fuel blenders who handle and blend renewable fuel for parties that have a national security exemption under paragraph (f) of this section, or a national security exemption under 40 CFR 1090.605, and who do not have one or more reported or unreported 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) A renewable fuel blender who delegates its RIN-related responsibilities under this section will remain liable for any violation of this subpart M associated with its renewable fuel blending activities. (d) Renewable fuel blenders who handle and blend less than 250,000 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), and may not own RINs. (e) Renewable fuel blend… | |||
| 40:40:19.0.1.1.2.7.1.27 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1441 Small refinery exemption. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 79 FR 42163, July 18, 2014; 85 FR 7077, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 88 FR 44586, July 12, 2023] | (a)(1) Transportation fuel produced at a refinery by a refiner 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 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 “small refinery” in § 80.2 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) [Reserved] (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. (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. (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 i… | |||
| 40:40:19.0.1.1.2.7.1.28 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1442 What are the provisions for small refiners under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 85 FR 7077, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 88 FR 44586, July 12, 2023] | (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. (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) [Reserved] (b)(1) The small refiner exemption in paragraph (c) of this section is effective immediately, except as provided in paragraph (b)(5) of this section, provided that all requirements of this section are satisfied. (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. (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 Informat… | |||
| 40:40:19.0.1.1.2.7.1.29 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1443 What are the opt-in provisions for noncontiguous states and territories? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 85 FR 7077, Feb. 6, 2020; 88 FR 44586, July 12, 2023] | (a) Alaska or a United States territory may petition EPA to opt-in to the program requirements of this subpart. (b) EPA 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 the attention of “RFS Program” to the address in § 80.10(a). (e) Upon approval of the petition by EPA: (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. (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. | |||
| 40:40:19.0.1.1.2.7.1.3 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1402 Availability of information; confidentiality of information. | EPA | [87 FR 39661, July 1, 2022, as amended at 88 FR 44580, July 12, 2023] | (a) Beginning January 1, 2020, no claim of business confidentiality may be asserted by any person with respect to information submitted to EPA under § 80.1451(c)(2)(ii)(E), whether submitted electronically or in paper format. (b) The following information contained in EPA determinations that RINs are invalid under § 80.1474(b)(4)(i)(C)( 2 ) and (b)(4)(ii)(C)( 2 ), notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments arising under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply: (1) The company name. (2) The name and location of the facility at which the fuel associated with the RINs in question was allegedly produced or imported. (3) The EPA-issued company or facility identification number of the party that produced the fuel or generated the RINs in question. (4) The total quantity of fuel and RINs in question. (5) The time period when the fuel was allegedly produced. (6) The time period when the RINs in question were generated. (7) The batch number(s) and the D code(s) of the RINs in question. (8) Information relating to the generation, transfer, or use of RINs. (9) The shortfall in RINs related to an obligated party's failure to meet its renewable volume obligation. (10) Any other information relevant to describing the violation. (c) The following information contained in submissions under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply: (1) Submitter's name. (2) The name and location of the facility, if applicable. (3) The date the submission was transmitted to EPA. (4) Any EPA-issued company or facility identification numbers associated with the submission. (5) The purpose of the submission. (6) The relevant time period for the submission, if applicable. (d) The following information incorporated into EPA determinations on submissions under this subpart… | |||
| 40:40:19.0.1.1.2.7.1.30 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1444 Alternative RIN retirement schedule for small refineries. | EPA | [87 FR 54166, Sept. 2, 2022] | (a) Applicability. The provisions of this section apply to the following compliance years: (1) 2020. (2) [Reserved] (b) Eligibility. Any obligated party that has a refinery that meets the definition of small refinery in § 80.1401 for the applicable compliance year in paragraph (a) of this section (hereinafter the “applicable compliance year”) is eligible to use the provisions of this section for each small refinery it operates (hereinafter the “small refinery”). (c) Treatment of RVOs. (1) In lieu of retiring sufficient RINs under § 80.1427(a) to demonstrate compliance with the small refinery's RVOs for the applicable compliance year by the applicable compliance deadline, the obligated party must meet all the requirements of this section and all other applicable requirements of this subpart. (2) If the obligated party does not meet all of the requirements in this section, the obligated party is subject to the requirements of § 80.1427(a). (d) Individual facility compliance. (1) If the obligated party carries a deficit into the applicable compliance year from the previous compliance year, the obligated party must comply with its RVOs for each refinery it operates on an individual basis (as specified in § 80.1406(c)) for both the previous compliance year and the applicable compliance year. (2) If the obligated party does not carry a deficit into the applicable compliance year from the previous compliance year, the obligated party must comply with its RVOs for each refinery it operates on an individual basis (as specified in § 80.1406(c)) for the applicable compliance year. (e) Compliance report submission and notification. The obligated party must do all the following by the annual compliance reporting deadline specified in § 80.1451(f)(1)(i) for the applicable compliance year (hereinafter the “applicable compliance deadline”): (1) Submit an annual compliance report for the small refinery for the applicable compliance year. (2) Notify EPA in a letter signed by the responsible corporate officer (R… | |||
| 40:40:19.0.1.1.2.7.1.31 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | §§ 80.1445-80.1448 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.32 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1449 What are the Production Outlook Report requirements? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 77 FR 1356, Jan. 9, 2012; 85 FR 7077, Feb. 6, 2020; 87 FR 39665, July 1, 2022; 88 FR 44586, July 12, 2023] | (a) By June 1 of each year (September 1 for the report due in 2010), a registered renewable fuel producer or importer must submit and an unregistered renewable fuel producer may submit all of the following information for each of its facilities, as applicable, to EPA: (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, biointermediates, and production processes to be used at each production facility. (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 the attention of “RFS Program (Production Output Reports)” to the address in § 80.10(a). (e) All production outlook r… | |||
| 40:40:19.0.1.1.2.7.1.33 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1450 What are the registration requirements under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26043, May 10, 2010; 77 FR 1356, Jan. 9, 2012; 77 FR 74606, Dec. 17, 2012; 78 FR 41714, July 11, 2013; 78 FR 62471, Oct. 22, 2013; 79 FR 42163, July 18, 2014; 79 FR 42115, July 18, 2014; 85 FR 7077, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39665, July 1, 2022; 88 FR 44586, July 12, 2023; 88 FR 51239, Aug. 3, 2023; 88 FR 44587, July 12, 2023] | (a) Obligated parties and exporters. Any obligated party or any exporter of renewable fuel must provide EPA with the information specified for registration under 40 CFR 1090.805, 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 producer, any non-RIN-generating foreign producer, any domestic renewable fuel producer that generates RINs, or any biointermediate producer that transfers any biointermediate for the production of a renewable fuel for RIN generation, must provide EPA the information specified under 40 CFR 1090.805 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 generation of any RINs for their fuel or for fuel made with their ethanol, or prior to the transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated. Unless otherwise specifically indicated, all the following registration information must be submitted to EPA at least 60 days prior to the intended generation of RINs or the intended transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated. Renewable fuel producers may generate RINs for a renewable fuel under this part after EPA has accepted their registration and they have met all other applicable requirements under this part. (1) A description of the types of renewable fuels, RNG, ethanol, or biointermediates that the producer intends to produce at the facility and that the facility is capable of produc… | |||
| 40:40:19.0.1.1.2.7.1.34 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1451 What are the reporting requirements under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010] | (a) Obligated parties and exporters. Any obligated party or exporter of renewable fuel must submit to EPA reports according to the schedule, and containing all the information, that is set forth in this paragraph (a). (1) Annual compliance reports must include all the following information: (i) The obligated party's or exporter of renewable fuel's name. (ii) The EPA company registration number. (iii) Whether the refiner 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)(A) For the 2010 through 2019 compliance periods, the production volume and import volume of all of the products listed in § 80.1407(c) and (e) for the compliance period. (B) For the 2020 compliance period, separately, the production volume and import volume of all of the gasoline products listed in § 80.1407(c), the production volume and import volume of all of the MVNRLM diesel fuel products listed in § 80.1407(e), and the combined volume of all gasoline products and MVNRLM diesel fuel listed in § 80.1407(c) and (e) for the compliance period. (C) Beginning with the 2021 compliance period, separately, the production volume and import volume for the compliance period of all of the following: ( 1 ) All of the gasoline products listed in § 80.1407(c). ( 2 ) All of the MVNRLM diesel fuel products listed in § 80.1407(e). ( 3 ) The combined production volume of all gasoline products and MVNRLM diesel fuel. ( 4 ) Distillate fuel that is not transportation fuel. ( 5 ) Distillate fuel that is certified NTDF. (vi) The RVOs, as specified 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 ( i.e., cellulosic biofuel, biomass-based diesel, advanced biofuel, renewable fuel, and cellulosic diesel), retired for compliance. (ix) The total prior-year RI… | |||
| 40:40:19.0.1.1.2.7.1.35 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1452 What are the requirements related to the EPA Moderated Transaction System (EMTS)? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 79978, Dec. 21, 2010; 77 FR 1357, Jan. 9, 2012; 84 FR 27024, June 10, 2019; 85 FR 7079, Feb. 6, 2020; 87 FR 39669, July 1, 2022; 88 FR 44589, July 12, 2023] | (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 or foreign producer or importer of renewable fuel assigns RINs to a batch of renewable fuel pursuant to § 80.1426(e), all the following information must be submitted to EPA via the submitting party's EMTS account within five (5) business days of the date of RIN assignment. (1) The name of the renewable fuel producer or importer. (2) The EPA company registration number of the renewable fuel producer or foreign ethanol producer, as applicable. (3) The importer's EPA company registration number if applicable. (4) The EPA facility registration number of the facility at which the renewable fuel producer or foreign ethanol producer produced the batch, as applicable. (5) The EPA facility registration number of the importer that imported the batch, if applicable. (6) The D code of RINs generated for the batch. (7) The production process(es) used for the batch. (8) The production date of the batch. (9) The fuel type of the batch. (10) The volume of the batch. (11) The volume of ethanol denaturant and applicable equivalence value of each batch. (12) Quantity of RINs generated for the batch. (13) The type and quantity of feedstock(s) used for the batch. (14) An affirmation that the feedstock(s) used for each batch meets the definition of renewable biomass. (15) The type and quantity of co-products produced with the batch of renewable fuel. (16) The type and quantity of each biointermediate used for the batch, if applicable. (17) The EPA facility registration number of each biointermediate production facility at which a biointermediate used for the batch was produced, if applicable. (18) Any additional information that EPA may require. (c) Starting July 1, 2010, each time any party sells, separates, or retires RINs generated … | |||
| 40:40:19.0.1.1.2.7.1.36 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1453 What are the product transfer document (PTD) requirements for the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26045, May 10, 2010; 78 FR 62471, Oct. 22, 2013; 79 FR 42118, July 18, 2014; 81 FR 23645, Apr. 22, 2016; 85 FR 7079, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39669, July 1, 2022; 88 FR 44589, July 12, 2023] | (a) On each occasion when any party transfers ownership of neat or blended renewable fuels or RNG, except when such fuel is dispensed into motor vehicles or nonroad vehicles, engines, or equipment, or separated RINs subject to this subpart, the transferor must provide to the transferee documents that include all 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. (5) [Reserved] (6) The quantity of RINs being traded. (7) The D code of the RINs. (8) The RIN status (Assigned or Separated). (9) The RIN generation year. (10) The associated reason for the sell or buy transaction (e.g., standard trade or remedial action). (11) Additional RIN-related information, as follows: (i) If assigned RINs are being transferred on the same PTD used to transfer ownership of the renewable fuel, then the assigned RIN information shall be identified on the PTD. (A) The identifying information for a RIN that is transferred in EMTS generically is the information specified in paragraphs (a)(1) through (a)(10) of this section. (B) The identifying information for a RIN that is transferred in EMTS uniquely is the information specified in paragraphs (a)(1) through (a)(10) of this section, the RIN generator company ID, the RIN generator facility ID, and the batch number. (C) The identifying information for a RIN that is generated prior to July 1, 2010, is the 38-digit code pursuant to § 80.1425, in its entirety. (ii) If 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 include all the following: (A) The number of gallon-RINs being transferred. (B) A unique reference to the PTD which is transferring the assigned RINs. (C) The information specified in paragraphs (a… | |||
| 40:40:19.0.1.1.2.7.1.37 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1454 What are the recordkeeping requirements under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26046, May 10, 2010; 75 FR 76829, Dec. 9, 2010; 75 FR 79978, Dec. 21, 2010; 77 FR 74606, Dec. 17, 2012; 78 FR 22789, Apr. 17, 2013; 78 FR 41715, July 11, 2013; 78 FR 62471, Oct. 22, 2013; 79 FR 42118, 42165, July 18, 2014; 84 FR 27024, June 10, 2019; 85 FR 7080, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39670, July 1, 2022; 87 FR 54166, Sept. 2, 2022; 88 FR 44589, July 12, 2023] | (a) Requirements for obligated parties and exporters of renewable fuel. Beginning July 1, 2010, any obligated partyor exporter of renewable fuel must keep all of the following records: (1) Product transfer documents consistent with § 80.1453 and associated with the obligated party's or exporter of renewable fuel'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(a), as applicable. (3) Records related to each RIN transaction, including all of the following: (i) A list of the RINs owned, purchased, sold, separated, 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, including contracts, correspondence, and invoices, 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 of 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. (6) For exported renewable fuel, invoices, bills of lading and other documents describing the exported renewable fuel. (i) For exporters of renewable fuel for which no RINs were generated, an affidavit signed by the producer of the exported renewable fuel affirming that no RINs were generated for that volume of renewable fuel. (ii) [Reserved] (7) Any obligated party that uses the provisions of § 80.1444 for a small refinery must keep the following records: (i) Copies of any notifications submitted to EPA under § 80.1444(e)(2). (ii) Copies of the methods and variables used to calculate the number of RINs retired for the alternative RIN retirement sched… | |||
| 40:40:19.0.1.1.2.7.1.38 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1455 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.39 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1456 What are the provisions for cellulosic biofuel waiver credits? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 80 FR 18141, Apr. 3, 2015; 90 FR 29759, July 7, 2025] | (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. (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. (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 compari… | |||
| 40:40:19.0.1.1.2.7.1.4 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1403 Which fuels are not subject to the 20% GHG thresholds? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26036, May 10, 2010; 75 FR 37733, June 30, 2010; 75 FR 79976, Dec. 21, 2010] | (a) For purposes of this section, the following definitions apply: (1) 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. (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. (2) [Reserved] (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 by December 19, 2010. (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 faci… | |||
| 40:40:19.0.1.1.2.7.1.40 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1457 Petition process for aggregate compliance approach for foreign countries. | EPA | [75 FR 76829, Dec. 9, 2010, as amended at 88 FR 44590, July 12, 2023] | (a) EPA may approve a petition for application of the aggregate compliance approach to planted crops and crop residue from existing agricultural land in a foreign country if EPA determines that an aggregate compliance approach will provide reasonable assurance that planted crops and crop residue from the country in question meet the definition of renewable biomass and will continue to meet the definition of renewable biomass, based on the submission of credible, reliable, and verifiable data. (1) As part of its evaluation, EPA will consider all of the following: (i) Whether there has been a reasonable identification of the “2007 baseline area of land,” defined as the total amount of cropland, pastureland, and land that is equivalent to U.S. Conservation Reserve Program land in the country in question that was actively managed or fallow and nonforested on December 19, 2007. (ii) Whether information on the total amount of cropland, pastureland, and land that is equivalent to U.S. Conservation Reserve Program land in the country in question for years preceding and following calendar year 2007 shows that the 2007 baseline area of land identified in paragraph (a)(1)(i) of this section is not likely to be exceeded in the future. (iii) Whether economic considerations, legal constraints, historical land use and agricultural practices and other factors show that it is likely that producers of planted crops and crop residue will continue to use agricultural land within the 2007 baseline area of land identified in paragraph (a)(1)(i) of this section into the future, as opposed to clearing and cultivating land not included in the 2007 baseline area of land. (iv) Whether there is a reliable method to evaluate on an annual basis whether the 2007 baseline area of land identified in paragraph (a)(1)(i) of this section is being or has been exceeded. (v) Whether a credible and reliable entity has been identified to conduct data gathering and analysis, including annual identification of the aggregate amount of cropland, pastu… | |||
| 40:40:19.0.1.1.2.7.1.41 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1458 Storage of renewable fuel, RNG, or biointermediate prior to registration. | EPA | [88 FR 44590, July 12, 2023] | (a) Applicability. (1) A renewable fuel producer may store renewable fuel for the generation of RINs prior to EPA acceptance of their registration under § 80.1450(b) if all the requirements of this section are met. (2) An RNG producer may store RNG prior to EPA acceptance of their registration under § 80.135 if all the requirements of this section are met. (3) A biointermediate producer may store biointermediate (including biogas used to produce a biogas-derived renewable fuel) prior to EPA acceptance of their registration under § 80.1450(b) if all the requirements of this section are met. (b) Storage requirements. In order for a renewable fuel, RNG, or biointermediate producer to store renewable fuel, RNG, or biointermediate under this section, the producer must do the following: (1) Produce the stored renewable fuel, RNG, or biointermediate after an independent third-party engineer has conducted an engineering review for the renewable fuel, RNG, or biointermediate production facility under § 80.1450(b)(2). (2) Produce the stored renewable fuel, RNG, or biointermediate in accordance with all applicable requirements under this part. (3) Make no change to the facility after the independent third-party engineer completed the engineering review. (4) Store the renewable fuel, RNG, or biointermediate at the facility that produced the renewable fuel, RNG, or biointermediate. (5) Maintain custody and title to the stored renewable fuel, RNG, or biointermediate until EPA accepts the producer's registration under § 80.1450(b). (c) RIN generation. (1) A RIN generator may only generate RINs for stored renewable fuel, stored RNG, or renewable fuel produced from stored biointermediate if the RIN generator generates the RINs under §§ 80.125, 80.1426, and 80.1452, as applicable, after EPA accepts their registration under § 80.1450(b) and meets all other applicable requirements under this part for RIN generation. (2) The RIN year of any RINs generated for stored renewable fuel, stored RNG, or renewable fuel produc… | |||
| 40:40:19.0.1.1.2.7.1.42 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1459 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.43 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1460 What acts are prohibited under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26047, May 10, 2010; 77 FR 1357, Jan. 9, 2012; 78 FR 62471, Oct. 22, 2013; 79 FR 42119, July 18, 2014; 85 FR 7080, Feb. 6, 2020; 87 FR 39671, July 1, 2022; 88 FR 44591, July 12, 2023] | (a) Renewable fuels producer or importer violation. 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, biointermediate, or through a process that is not described in the person's registration information. (6) Generate a RIN for fuel for which RINs have previously been generated unless the RINs were generated under § 80.1426(c)(6). (7) Generate a RIN for fuel that fails to meet all the conditions set forth in an approval document for a pathway petition submitted under § 80.1416. (8) Generate a RIN for fuel that was produced from a biointermediate for which the fuel and biointermediate were not audited under an EPA-approved quality assurance plan. (c) RIN use violations. No person shall do any of the following: (1) Fail to acquire sufficient RINs, or use invalid RINs, to meet the person's RVOs under § 80.1427. (2) Use a validly generated RIN to meet the person's RVOs under § 80.1427, or separate and transfer a validly generated RIN, where the person using the RIN ultimately uses the renewable fuel volume associated with the RIN in an application other than for use as transportation fuel, jet fuel, or heating oil. (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 associat… | |||
| 40:40:19.0.1.1.2.7.1.44 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1461 Who is liable for violations under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 79 FR 42119, July 18, 2014; 85 FR 7080, Feb. 6, 2020; 87 FR 39671, July 1, 2022; 88 FR 44591, July 12, 2023] | (a) Liability for violations of prohibited acts. (1) Any person who violates a prohibition under § 80.1460(a) through (d) or (g) through (k) 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) or (g) through (k) is liable for a violation of § 80.1460(e). (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. (e) Biointermediate liability. When a biointermediate contained in any storage tank at any facility owned, leased, operated, controlled, or supervised by any biointermediate producer, biointermediate importer, renewable fuel producer, or foreign ethanol producer is found in violation of a prohibition described in § 80.1460(k)(1) and (3), the following persons shall be deemed in violation: (1) Each biointermediate producer, biointermediate importer, renewable fuel producer, renewable fuel importer, or foreign ethanol producer who owns, leases, operates, controls, or supervises the facility where the violation is found. (2) Each biointermediate producer, biointermediate importer, renewable fuel producer, renewable fuel importer, or foreign ethanol producer who manufactured, imported, sold, offered for sale, dispensed, offered for supply, stored, transported, or caused the transportation of any biointermediate that is in the storage tank containing the biointermediate found to be in violation. … | |||
| 40:40:19.0.1.1.2.7.1.45 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1462 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.46 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1463 What penalties apply under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26047, May 10, 2010; 79 FR 42165, July 18, 2014; 85 FR 7080, Feb. 6, 2020; 87 FR 39671, July 1, 2022] | (a) Any person who is liable for a violation under § 80.1461 is subject to a 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. (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 compliance period, is subject to a separate day of violation for each day in the compliance 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. (d) Any person liable under § 80.1461(a) for a violation of § 80.1460(b)(1) through (4) or (6) through (8) is subject to a separate day of violation for each day that an invalid RIN remains available for an obligated party or exporter of renewable fuel to demonstrate compliance with the RFS program. | |||
| 40:40:19.0.1.1.2.7.1.47 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1464 What are the attest engagement requirements under the RFS program? | EPA | [75 FR 14863, Mar. 26, 2010] | The requirements regarding annual attest engagements in 40 CFR 1090.1800, 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 § 80.1466, the following annual attest engagement procedures are required under this subpart. (a) Obligated parties and exporters of renewable fuel. The following attest procedures shall be completed for any obligated party 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: (A) The obligated party's volume of all products listed in § 80.1407(c) and (e), or the exporter of renewable fuel's volume of each category of exported renewable fuel identified in § 80.1430(b)(1) through (b)(4). (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), (e), and (f) 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 40 CFR 1090.1810 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 of renewable fuel, perform all of the following: (A) Obtain the database, spreadsheet, or other documentation that the exporter of renewable fuel maintains for all exported renewable fuel. (B) Compare the volume of produ… | |||
| 40:40:19.0.1.1.2.7.1.48 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1465 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.49 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1466 What are the additional requirements under this subpart for foreign renewable fuel producers and importers of renewable fuels? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 77 FR 1357, Jan. 9, 2012; 85 FR 7081, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 88 FR 44591, July 12, 2023] | (a) Applicability. This section only applies to foreign renewable fuel producers that are 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”). (b) General requirements. A registered foreign renewable fuel producer under this section must meet all requirements that apply to renewable fuel producers under this subpart. (c) Designation, RIN-generating foreign producer certification, and product transfer documents. (1) Any registered foreign renewable fuel producer 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 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 RFS-FRRF. (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 f… | |||
| 40:40:19.0.1.1.2.7.1.5 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1404 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.50 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1467 What are the additional requirements under this subpart for a foreign RIN owner? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 77 FR 1358, Jan. 9, 2012; 85 FR 78467, Dec. 4, 2020; 88 FR 44591, July 12, 2023] | (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 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. (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 business days. (ix) English language interp… | |||
| 40:40:19.0.1.1.2.7.1.51 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1468 [Reserved] | EPA | |||||
| 40:40:19.0.1.1.2.7.1.52 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1469 Requirements for Quality Assurance Plans. | EPA | [79 FR 42119, July 18, 2014, as amended at 85 FR 7083, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39673, July 1, 2022; 88 FR 44592, July 12, 2023] | This section specifies the requirements for Quality Assurance Plans (QAPs) for renewable fuels and biointermediates. (a) Option A QAP Requirements, for Option A QAPs that were performed during the interim period. (1) Feedstock-related components. (i) Components requiring ongoing monitoring: (A) Feedstocks are renewable biomass. (B) Feedstocks are being separated according to a separation plan, if applicable under § 80.1426(f)(5)(ii). (C) Crop and crop residue feedstocks meet land use restrictions, or alternatively the aggregate compliance provisions of § 80.1454(g). (D) If applicable, verify that feedstocks with additional recordkeeping requirements meet requirements of § 80.1454(d). (E) Feedstocks are valid for the D code being used, and are consistent with information recorded in EMTS. (F) Feedstock is consistent with production process and D code being used from the approved pathway. (G) Feedstock is not renewable fuel for which RINs were previously generated. (ii) Components requiring quarterly monitoring: (A) Separated food waste or separated yard waste plan is accepted and up to date, if applicable under § 80.1426(f)(5)(ii). (B) Separated municipal solid waste plan is approved and up to date, if applicable under § 80.1426(f)(5)(ii). (C) Contracts or agreements for feedstock acquisition are sufficient for facility production. (D) Feedstock processing and storage equipment are sufficient and are consistent with the most recent engineering review under § 80.1450(b)(2). (E) If applicable, accuracy of feedstock energy FE calculation factors related to feedstocks, including average moisture content m and feedstock energy content E. (2) Production process-related components. (i) Components requiring ongoing monitoring: (A) Production process is consistent with that reported in EMTS. (B) Production process is consistent with D code being used from the approved pathway. (C) Certificates of analysis verifying fuel type and quality, as applicable. (ii) Components requiring quarterly monitoring:… | |||
| 40:40:19.0.1.1.2.7.1.53 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1470 RIN replacement mechanisms for Option A independent third party auditors. | EPA | [79 FR 42121, July 18, 2014] | (a) Applicability. This section applies to independent third-party auditors using a QAP approved under Option A pursuant to § 80.1469(a) and (d) during the interim period. (b) Requirements. An independent third party auditor must establish or participate in the establishment of a RIN replacement mechanism. The RIN replacement mechanism must fulfill, at a minimum, all the following conditions: (1) The RIN replacement mechanism must be capable of fulfilling the independent third party auditor's RIN replacement responsibility, as described in § 80.1474(b)(5)(i). (2) The independent third party auditor is responsible for calculating and maintaining the minimum coverage afforded by the RIN replacement mechanism at all times. (3) RINs held by the RIN replacement mechanism (if any) must be identified in a unique EMTS account designated for the exclusive use of the replacement mechanism. (4) Distribution and removal of RINs from the replacement mechanism may not be under the sole operational control of the third-party auditor. (5) An originally signed duplicate of the agreement or contract establishing the RIN replacement mechanism must be submitted to the EPA by the independent third party auditor in accordance with § 80.1450(g)(7). (6) Any substantive change to the agreement establishing the RIN replacement mechanism must be submitted to the EPA within 30 days of the change. (c) Cap on RIN replacement for independent third party auditors of A-RINs. (1) If required to replace invalid A-RINs pursuant to paragraph (b) of this section, the independent third party auditor shall be required to replace no more than the percentage specified in paragraph (c)(2) of this section of each D code of A-RINs verified by the auditor in the current calendar year and four previous calendar years. (2) The cap on RIN replacement for auditors of A-RINs shall be two percent for A-RINs generated in the interim period. (3) The auditor's potential replacement responsibility for a given RIN will expire at the end of the fourth ca… | |||
| 40:40:19.0.1.1.2.7.1.54 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1471 Requirements for QAP auditors. | EPA | [79 FR 42122, July 18, 2014, as amended at 80 FR 9098, Feb. 19, 2015; 87 FR 39674, July 1, 2022; 88 FR 44592, July 12, 2023] | (a) QAP audits conducted pursuant to § 80.1472 must be conducted by an independent third-party auditor. (b) To be considered an independent third-party auditor under paragraph (a) of this section, all the following conditions must be met: (1) The independent third-party auditor and its contractors and subcontractors must not be owned or operated by the audited party or any subsidiary or employee of the audited party. (2) The independent third-party auditor and its contractors and subcontractors shall not be owned or operated by an obligated party or any subsidiary or employee of an obligated party. (3) The independent third-party auditor shall not own, buy, sell, or otherwise trade RINs unless required to maintain a financial assurance mechanism for a QAP implemented under QAP Option A pursuant to § 80.1469(a) during the interim period or to replace an invalid RIN pursuant to § 80.1474. (4) The independent third-party auditor and its contractors and subcontractors must be free from any interest or the appearance of any interest in the audited party's business. (5) The audited party must be free from any interest or the appearance of any interest in the third-party auditor's business and the businesses of third-party auditor's contractors and subcontractors. (6) The independent third-party auditor and its contractors and subcontractors must not have performed an attest engagement under § 80.1464(b) for the audited party for the same compliance period as a QAP audit conducted pursuant to § 80.1472. (7) The independent third-party auditor and its contractors and subcontractors must not be 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. (8) The independent third-party auditor and its contractors and subcontractors must act impartially when performing all activities under this section. (9) The indepen… | |||
| 40:40:19.0.1.1.2.7.1.55 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1472 Requirements for quality assurance audits. | EPA | [79 FR 42122, July 18, 2014, as amended at 85 FR 7083, Feb. 6, 2020; 87 FR 39674, July 1, 2022] | (a) General requirements. (1) An audit shall be performed by an auditor who meets the requirements of § 80.1471. (2) An audit shall be based on either an Option A QAP per § 80.1469(a) during the interim period, an Option B QAP per § 80.1469(b) during the interim period, or a QAP per § 80.1469(c). (3) Each audit shall verify every element contained in an applicable and approved QAP. (4) Each audit shall include a review of documents generated by the renewable fuel producer or biointermediate producer. (b) On-site visits —(1) Option A QAP during the interim period. (i) The auditor shall conduct an on-site visit at the renewable fuel production facility at least 4 times per calendar year. (ii) The on-site visits specified in paragraph (b)(1)(i) of this section shall occur at least 60 days apart. The 60-day period shall start the day after the previous on-site ends. (iii) The on-site visit shall include verification of all QAP elements that require inspection or evaluation of the physical attributes of the renewable fuel production facility, except for any physical attribute that is verified through remote monitoring equipment per the applicable QAP. (2) Option B QAP during the interim period. (i) The auditor shall conduct an on-site visit at the renewable fuel production facility at least 4 times per calendar year. (ii) The on-site visits specified in paragraph (b)(2)(i) of this section shall occur at least 60 days apart. The 60-day period shall start the day after the previous on-site ends. (iii) The on-site visit shall include verification of all QAP elements that require inspection or evaluation of the physical attributes of the renewable fuel production facility. (3) QAP. (i) As applicable, the independent third-party auditor shall conduct an on-site visit at the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility: (A) At least two times per calendar year; or (B) In the event an auditor uses a remote monitoring system approved by th… | |||
| 40:40:19.0.1.1.2.7.1.56 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1473 Affirmative defenses. | EPA | [79 FR 42123, July 18, 2014, as amended at 87 FR 39674, July 1, 2022; 88 FR 44592, July 12, 2023] | (a) Criteria. Any person who engages in actions that would be a violation of the provisions of either § 80.1460(b)(2) or (c)(1), other than the generator of an invalid RIN, will not be deemed in violation if the person demonstrates that the criteria under paragraphs (c), (d), or (e) of this section are met. (b) Applicability of affirmative defenses. The following provisions apply to affirmative defenses asserted under paragraph (a) of this section: (1) Affirmative defenses only apply to RINs that were invalidly generated and verified through a quality assurance audit using an EPA-approved QAP. (2) Affirmative defenses only apply in situations where an invalidly generated verified RIN is either transferred to another person (violation of § 80.1460(b)(2)) or used for compliance for an obligated party's RVO (use violation of § 80.1460(c)(1)). (3) Affirmative defenses do not apply to the generator of an invalid RIN. (c) Asserting an affirmative defense for invalid A-RINs verified during the interim period. To establish an affirmative defense to a violation of § 80.1460(b)(2) or (c)(1) involving invalid A-RINs, the person must meet the notification requirements of paragraph (f) of this section and prove by a preponderance of evidence all of the following: (1) The RIN in question was verified through a quality assurance audit pursuant to § 80.1472 using an approved Option A QAP as specified in § 80.1469(a). (2) The person did not know or have reason to know that the RINs were invalidly generated prior to being verified by the independent third-party auditor. (3) If the person self-identified the RIN as having been invalidly generated, the person notified the EPA within five business days of discovering the invalidity. (4) The person did not cause the invalidity. (5) The person did not have a financial interest in the company that generated the invalid RIN. (d) Asserting an affirmative defense for invalid B-RINs verified during the interim period. To establish an affirmative defense to a violation of … | |||
| 40:40:19.0.1.1.2.7.1.57 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1474 Replacement requirements for invalidly generated RINs. | EPA | [79 FR 42123, July 18, 2014, as amended at 87 FR 39674, July 1, 2022; 88 FR 44592, July 12, 2023] | (a) Responsibility for replacement of invalid verified RINs. (1) The generator of the A-RIN and the independent third-party auditor that verified the A-RIN are required to replace invalidly generated A-RINs with valid RINs pursuant to the procedures specified in paragraph (b) of this section. (2) The generator of the B-RIN and the obligated party that owns the B-RIN are required to replace invalidly generated B-RINs with valid RINs pursuant to the procedures specified in paragraph (b) of this section. (3) The generator of the Q-RIN and the obligated party that owns the Q-RIN are required to replace invalidly generated Q-RINs with valid RINs pursuant to the procedures specified in paragraph (b) of this section. (4) The generator of an unverified RIN and the obligated party that owns an unverified RIN are required to replace invalidly generated and unverified RINs pursuant to the procedures specified in paragraph (b) of this section. (b) Identification and treatment of potentially invalid RINs (PIRs). (1) Any RIN can be identified as a PIR by the RIN generator, an independent third-party auditor that verified the RIN, or the EPA. (2) For PIRs identified by the RIN generator, the generator is required to notify the EPA via the EMTS support line ( fuelsprogramsupport@epa.gov ) within five business days of the identification, including an initial explanation of why the RIN is believed to be invalid, and is required to take any of the following corrective actions within 30 days: (i) Retire the PIR. (ii) Retire a valid RIN meeting the requirements of paragraph (d) of this section. (3) For PIRs identified by the independent third-party auditor that verified the RIN, the independent third-party auditor is required to notify the EPA via the EMTS support line ( fuelsprogramsupport@epa.gov ) and the RIN generator in writing within five business days of the identification, including an initial explanation of why the RIN is believed to be invalid. (4) Within 30 days of being notified by the EPA or the independent … | |||
| 40:40:19.0.1.1.2.7.1.58 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1475 What are the additional attest engagement requirements for parties that redesignate certified NTDF as MVNRLM diesel fuel? | EPA | [85 FR 7083, Feb. 6, 2020, as amended at 85 FR 78468, Dec. 4, 2020; 87 FR 39674, July 1, 2022] | (a) General requirements. (1) In addition to the attest engagement requirements under § 80.1464, all obligated parties required to arrange for additional attest engagement procedures under § 80.1464(a)(1)(vii) must have an annual attest engagement conducted by an auditor using the minimum attest procedures specified in this section. (2) All applicable requirements and procedures outlined in 40 CFR 1090.1800 through 1090.1850 apply to the auditors and attest engagement procedures specified in this section. (3) Obligated parties must include any additional information required under this section in the attest engagement report under § 80.1464(d). (4) Report as a finding if the party failed to either incur or satisfy an RVO if required. (b) EPA reports. Auditors must perform the following: (1) Obtain and read a copy of the obligated party's reports filed with EPA as required by § 80.1451(a)(1)(xix) for the reporting period. (2) In the case of an obligated party's report to EPA that represents aggregate calculations for more than one facility, obtain the facility-specific volume and property information that was used by the refiner to prepare the aggregate report. Foot and crossfoot the facility-specific totals and agree to the values in the aggregate report. The procedures in paragraphs (b) and (c) of this section are then performed separately for each facility. (3) Obtain a written representation from a company representative that the report copies are complete and accurate copies of the reports filed with EPA. (4) Identify, and report as a finding, the name of the commercial computer program used by the refiner or importer to track the data required by the regulations in this part, if any. (c) Inventory reconciliation analysis. Auditors must perform the following: (1) Obtain an inventory reconciliation analysis for the facility for the reporting period for each of the following and perform the procedures at paragraphs (c)(2) through (4) of this section separately for each of the following products:… | |||
| 40:40:19.0.1.1.2.7.1.59 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1476 Requirements for biointermediate producers. | EPA | [87 FR 39675, July 1, 2022] | Biointermediate producers must comply with the following requirements: (a) Registration. No later than 60 days prior to the transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated, biointermediate producers must register with EPA pursuant to the requirements of § 80.1450(b). (b) Reporting. Biointermediate producers must comply with the reporting requirements in § 80.1451(j). (c) Recordkeeping. Biointermediate producers must comply with the recordkeeping requirements in § 80.1454(i). (d) PTDs. Biointermediate producers must comply with the PTD requirements in § 80.1453(f). (e) Quality Assurance Plans. Prior to the transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated, biointermediate producers must have an approved quality assurance plan pursuant to § 80.1477(b) and the independent third-party auditor must have conducted a site visit of the biointermediate production facility under § 80.1472. (f) Attest engagements. Biointermediate producers must comply with the annual attest engagement requirements in § 80.1464(h). (g) Limitations on biointermediate transfers and production. (1) A biointermediate producer must transfer all biointermediates produced from a single biointermediate facility to a single renewable fuel production facility as designated under § 80.1450(b)(1)(ii)(B)( 1 ). (2)(i) Except as specified in paragraph (g)(2)(ii) of this section, a batch of biointermediate must be segregated from other batches of biointermediate (even if it is the same type of biointermediate), other feedstocks, foreign ethanol, and renewable fuels from the point that the batch of biointermediate is produced to the point where the batch of biointermediate is received at the renewable fuel production facility designated under § 80.1450(b)(1)(ii)(B)( 1 ). (ii)(A) Batches of biointermediate may be commingled between the biointermediate production facility and the designated renewable fuel produc… | |||
| 40:40:19.0.1.1.2.7.1.6 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1405 What are the Renewable Fuel Standards? | EPA | [77 FR 1354, Jan. 9, 2012, as amended at 78 FR 49830, Aug. 15, 2013; 79 FR 25031, May 2, 2014; 80 FR 18140, Apr. 3, 2015; 80 FR 77517, Dec. 14, 2015; 81 FR 89804, Dec. 12, 2016; 82 FR 58527, Dec. 12, 2017; 83 FR 63744, Dec. 11, 2018; 85 FR 7074, Feb. 6, 2020; 87 FR 39661, July 1, 2022; 88 FR 44580, July 12, 2023; 90 FR 29759, July 7, 2025] | (a) The values of the renewable fuel standards are as follows: Table 1 to Paragraph ( a )—Annual Renewable Fuel Standards (b) 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: Where: Std CB,i = The cellulosic biofuel standard for year i, in percent. Std BBD,i = The biomass-based diesel standard for year i, in percent. Std AB,i = The advanced biofuel standard for year i, in percent. Std RF,i = The renewable fuel standard for year i, in percent. RFV CB,i = Annual volume of cellulosic biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, or volume as adjusted pursuant to 42 U.S.C. 7545(o)(7)(D), in gallons. RFV BBD,i = Annual volume of biomass-based diesel required by 42 U.S.C. 7545 (o)(2)(B) for year i, in gallons. RFV AB,i = Annual volume of advanced biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallons. RFV RF,i = Annual volume of renewable fuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallons. G i = Amount of gasoline projected to be used in the covered location, in year i, in gallons. D i = Amount of diesel projected to be used in the covered location, in year i, in gallons. RG i = Amount of renewable fuel blended into gasoline that is projected to be consumed in the covered location, in year i, in gallons. RD i = Amount of renewable fuel blended into diesel that is projected to be consumed in the covered location, in year i, in gallons. GS i = 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. RGS i = 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. DS i = Amount of diesel projected to be used in Alask… | |||
| 40:40:19.0.1.1.2.7.1.60 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1477 Requirements for QAPs for biointermediate producers. | EPA | [87 FR 39675, July 1, 2022] | (a) Independent third-party auditors that verify biointermediate production must meet the requirements of § 80.1471(a) through (c) and (f) through (h), as applicable. (b) QAPs approved by EPA to verify biointermediate production must meet the requirements in § 80.1469(c) through (f), as applicable. (c) Quality assurance audits, when performed, must be conducted in accordance with the requirements in § 80.1472(a) and (b)(3). (d)(1) If an independent third-party auditor identifies a potentially improperly produced biointermediate, the independent third-party auditor must notify EPA, the biointermediate producer, and the renewable fuel producer that may have been transferred the biointermediate within five business days of the identification, including an initial explanation of why the biointermediate may have been improperly produced. (2) If RINs were generated from the potentially improperly produced biointermediate, the RIN generator must follow the applicable identification and treatment of PIRs as specified in § 80.1474. (e) For the generation of Q-RINs for renewable fuels that were produced from a biointermediate, the biointermediate must be verified under an approved QAP as described in paragraph (b) of this section and the RIN generating facility must be verified under an approved QAP as described in § 80.1469. | |||
| 40:40:19.0.1.1.2.7.1.61 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1478 Requirements for foreign biointermediate producers and importers. | EPA | [87 FR 39675, July 1, 2022, as amended at 88 FR 44592, July 12, 2023] | (a) Foreign biointermediate producer. For purposes of this subpart, a foreign biointermediate producer 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 produce biointermediate for use in the production of renewable fuel by a RIN-generating renewable fuel producer. (b) Foreign biointermediate producer requirements. Any foreign biointermediate producer must meet all requirements that apply to biointermediate producers under this subpart as a condition of being approved as a foreign biointermediate producer under this subpart. (c) Foreign biointermediate producer commitments. Any foreign biointermediate producer must commit to the following provisions as a condition of being registered as a foreign biointermediate producer under this subpart: (1) Any EPA inspector or auditor must be given full, complete, and immediate access to conduct inspections and audits of the foreign biointermediate 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) Biointermediate is produced. (B) Documents related to foreign biointermediate producer operations are kept. (C) Biointermediate is stored or transported between the foreign biointermediate producer and the renewable fuel producer, 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 the following: (A) The volume of biointermediate produced or delivered to renewable fuel production facilities. (B) Transfers of title or custody to … | |||
| 40:40:19.0.1.1.2.7.1.62 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1479 Alternative recordkeeping requirements for separated yard waste, separated food waste, separated MSW, and biogenic waste oils/fats/greases. | EPA | [88 FR 44592, July 12, 2023] | (a) Alternative recordkeeping. In lieu of complying with the recordkeeping requirements in § 80.1454(j), a renewable fuel producer or biointermediate producer that produces renewable fuel or biointermediate from separated yard waste, separated food waste, separated MSW, or biogenic waste oils/fats/greases and uses a feedstock aggregator to supply these feedstocks may comply with the alternative recordkeeping requirements of this section. (b) Registration of the feedstock aggregator. The feedstock aggregator must register under 40 CFR 1090.805. (c) QAP participation. (1) The renewable fuel or biointermediate producer must have their RINs or biointermediate, as applicable, verified by an independent third-party auditor under an approved QAP that includes a description of how the independent third-party auditor will audit each feedstock aggregator. (2) The independent third-party auditor must conduct a site visit of each feedstock aggregator's establishment as specified in § 80.1471(f). Instead of verifying RINs with a site visit of the feedstock aggregator's establishment every 200 days as specified in § 80.1471(f)(1)(ii), the independent third-party auditor may verify RINs with a site visit every 380 days. (d) PTDs. PTDs must accompany transfers of separated yard waste, separated food waste, separated MSW, and biogenic waste oils/fats/greases from the point where the feedstock leaves the feedstock aggregator's establishment to the point the feedstock is delivered to the renewable fuel production facility, as specified in § 80.1453(f)(1)(i) through (v). (e) Recordkeeping. The feedstock aggregator must keep all applicable records for the collection of separated yard waste, separated food waste, separated MSW, and biogenic waste oils/fats/greases as specified in § 80.1454(j). (f) Liability. The feedstock aggregator and renewable fuel producer are liable for violations as specified in § 80.1461(e). | |||
| 40:40:19.0.1.1.2.7.1.7 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1406 Obligated party responsibilities. | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 88 FR 44581, July 12, 2023] | (a) [Reserved] (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 paragraphs (c)(2), (d) and (e) of this section, an obligated party may comply with the requirements of paragraph (b) of this section in the aggregate for all of the refineries that it operates, 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 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. In either case, all joint owners are subject to the liability provisions of § 80.1461(d). (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. | |||
| 40:40:19.0.1.1.2.7.1.8 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1407 How are the Renewable Volume Obligations calculated? | EPA | [75 FR 14863, Mar. 26, 2010, as amended at 79 FR 23655, Apr. 28, 2014; 85 FR 7074, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39661, July 1, 2022; 88 FR 44581, July 12, 2023] | (a) The Renewable Volume Obligations for an obligated party are determined according to the following formulas: (1) Cellulosic biofuel. RVO CB,i = (RFStd CB,i * (GV i + DV i )) + D CB,i-1 Where: RVO CB,i = The Renewable Volume Obligation for cellulosic biofuel for an obligated party for calendar year i, in gallons. RFStd CB,i = The standard for cellulosic biofuel for calendar year i, determined by EPA pursuant to § 80.1405, in percent. GV i = 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 covered location by an obligated party in calendar year i, in gallons. DV i = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), and (f) of this section, produced in or imported into the covered location by an obligated party in calendar year i, in gallons. D CB,i-1 = Deficit carryover from the previous year for cellulosic biofuel, in gallons. Where: RVO CB,i = The Renewable Volume Obligation for cellulosic biofuel for an obligated party for calendar year i, in gallons. RFStd CB,i = The standard for cellulosic biofuel for calendar year i, determined by EPA pursuant to § 80.1405, in percent. GV i = 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 covered location by an obligated party in calendar year i, in gallons. DV i = The non-renewable diesel volume, determined in accordance with paragraphs (d), (e), and (f) of this section, produced in or imported into the covered location by an obligated party in calendar year i, in gallons. D CB,i-1 = Deficit carryover from the previous year for cellulosic biofuel, in gallons. (2) Biomass-based diesel. RVO BBD,i = (RFStd BBD,i * (GV i + DV i )) + D BBD,i-1 Where: RVO BBD,i = The Renewable Volume Obligation for biomass-based diesel for an obligated party for calendar year i, in gallons. RFStd BBD,i … | |||
| 40:40:19.0.1.1.2.7.1.9 | 40 | Protection of Environment | I | C | 80 | PART 80—REGULATION OF FUELS AND FUEL ADDITIVES | M | Subpart M—Renewable Fuel Standard | § 80.1408 What are the requirements for parties that own and redesignate certified NTDF as MVNRLM diesel fuel? | EPA | [85 FR 7074, Feb. 6, 2020, as amended at 87 FR 39661, July 1, 2022] | (a) Beginning January 1, 2021, a party that owns certified NTDF, and only a party that owns certified NTDF, may redesignate NTDF as MVNRLM diesel fuel if they meet all of the following requirements: (1) Register as a refiner and register each facility where redesignation occurs as a refinery under § 80.76. NTDF may only be redesignated as MVNRLM diesel fuel at a facility registered as a refinery. (2) At each facility, calculate a balance of MVNRLM diesel fuel during each annual compliance period according to the following equation: MVNRLM BAL = MVNRLM O + MVNRLM INVCHG −MVNRLM I Where: MVNRLM BAL = the balance for MVNRLM diesel fuel for the compliance period. MVNRLM I = the total volume of all batches of fuel designated as MVNRLM diesel fuel owned when the fuel was received at the facility and acquired at the facility during the compliance period. Any MVNRLM diesel fuel produced (apart from redesignation of NTDF to MVNRLM diesel fuel) or imported into the facility must also be included in this volume. MVNRLM O = the total volume of all batches of fuel designated as MVNRLM diesel fuel owned and sold or transferred to other parties at the facility during the compliance period. MVNRLM INVCHG = the volume of MVNRLM diesel fuel owned at the end of the compliance period minus the volume of MVNRLM diesel fuel owned at the beginning of the compliance period, including accounting for any corrections in inventory due to volume swell or shrinkage, difference in measurement calibration between receiving and delivering meters, and similar matters, where corrections that increase inventory are defined as positive. Where: MVNRLM BAL = the balance for MVNRLM diesel fuel for the compliance period. MVNRLM I = the total volume of all batches of fuel designated as MVNRLM diesel fuel owned when the fuel was received at the facility and acquired at the facility during the compliance period. Any MVNRLM diesel fuel produced (apart from redesignation of NTDF to MVNRLM diesel fuel) or imported into the facility … |
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