[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2023 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

          Title 40

Protection of Environment


________________________

Part 80

                         Revised as of July 1, 2023

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2023
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     141
      Alphabetical List of Agencies Appearing in the CFR......     161
      List of CFR Sections Affected...........................     171

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 80.1 refers 
                       to title 40, part 80, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2023), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
(LSA). For the convenience of the reader, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
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CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
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the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, 8601 Adelphi Road, College Park, MD 
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Connect to NARA's website at www.archives.gov/federal-register.
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    Oliver A. Potts,
    Director,
    Office of the Federal Register
    July 1, 2023







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-seven 
volumes. The parts in these volumes are arranged in the following order: 
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60 
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts 
72-79, part 80, part 81, parts 82-84, parts 85-96, parts 97-99, parts 
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265, 
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to 
end. The contents of these volumes represent all current regulations 
codified under this title of the CFR as of July 1, 2023.

    Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec.  9.1 of 
this chapter.

    Chapters IV-IX--Regulations issued by the Environmental Protection 
Agency and Department of Justice, Council on Environmental Quality, 
Chemical Safety and Hazard Investigation Board, Environmental Protection 
Agency and Department of Defense; Uniform National Discharge Standards 
for Vessels of the Armed Forces, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering Council appear 
in volume thirty-seven.

    For this volume, Gabrielle E. Burns was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 80)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          80

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001; and 69 FR 
18803, Apr. 9, 2004.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
80              Regulation of fuels and fuel additives......           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 80_REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents



                      Subpart A_General Provisions

Sec.
80.1 Scope.
80.2 Definitions.
80.3 [Reserved]
80.4 Right of entry; tests and inspections.
80.5 Penalties.
80.7 Requests for information.
80.8 Sampling methods for gasoline, diesel fuel, fuel additives, and 
          renewable fuels.
80.9 Rounding a test result for determining conformance with a fuels 
          standard.
80.10 Addresses.
80.11 Confidentiality of information.

Subpart B [Reserved]

                      Subpart C_Oxygenated Gasoline

80.35 Labeling of retail gasoline pumps; oxygenated gasoline.
80.36-80.39 [Reserved]

Subparts D-L [Reserved]

                    Subpart M_Renewable Fuel Standard

80.1400 Applicability.
80.1401 Definitions.
80.1402 Availability of information; confidentiality of information.
80.1403 Which fuels are not subject to the 20% GHG thresholds?
80.1404 [Reserved]
80.1405 What are the Renewable Fuel Standards?
80.1406 Who is an obligated party under the RFS program?
80.1407 How are the Renewable Volume Obligations calculated?
80.1408 What are the requirements for parties that own and redesignate 
          certified NTDF as MVNRLM diesel fuel?
80.1409-80.1414 [Reserved]
80.1415 How are equivalence values assigned to renewable fuel?
80.1416 Petition process for evaluation of new renewable fuels pathways.
80.1417-80.1424 [Reserved]
80.1425 Renewable Identification Numbers (RINs).
80.1426 How are RINs generated and assigned to batches of renewable 
          fuel?
80.1427 How are RINs used to demonstrate compliance?
80.1428 General requirements for RIN distribution.
80.1429 Requirements for separating RINs from volumes of renewable fuel.
80.1430 Requirements for exporters of renewable fuels.
80.1431 Treatment of invalid RINs.
80.1432 Reported spillage or disposal of renewable fuel.
80.1433 [Reserved]
80.1434 RIN retirement.
80.1435 How are RIN holdings and RIN holding thresholds calculated?
80.1436-80.1439 [Reserved]
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?
80.1441 Small refinery exemption.
80.1442 What are the provisions for small refiners under the RFS 
          program?
80.1443 What are the opt-in provisions for noncontiguous states and 
          territories?
80.1444 Alternative RIN retirement schedule for small refineries.
80.1445-80.1448 [Reserved]
80.1449 What are the Production Outlook Report requirements?
80.1450 What are the registration requirements under the RFS program?
80.1451 What are the reporting requirements under the RFS program?
80.1452 What are the requirements related to the EPA Moderated 
          Transaction System (EMTS)?
80.1453 What are the product transfer document (PTD) requirements for 
          the RFS program?
80.1454 What are the recordkeeping requirements under the RFS program?
80.1455 What are the small volume provisions for renewable fuel 
          production facilities and importers?
80.1456 What are the provisions for cellulosic biofuel waiver credits?
80.1457 Petition process for aggregate compliance approach for foreign 
          countries.
80.1458-80.1459 [Reserved]
80.1460 What acts are prohibited under the RFS program?
80.1461 Who is liable for violations under the RFS program?
80.1462 [Reserved]
80.1463 What penalties apply under the RFS program?
80.1464 What are the attest engagement requirements under the RFS 
          program?
80.1465 [Reserved]
80.1466 What are the additional requirements under this subpart for 
          foreign renewable fuel producers and importers of renewable 
          fuels?
80.1467 What are the additional requirements under this subpart for a 
          foreign RIN owner?
80.1468 Incorporation by reference.

[[Page 6]]

80.1469 Requirements for Quality Assurance Plans.
80.1470 RIN replacement mechanisms for Option A independent third party 
          auditors.
80.1471 Requirements for QAP auditors.
80.1472 Requirements for quality assurance audits.
80.1473 Affirmative defenses.
80.1474 Replacement requirements for invalidly generated RINs.
80.1475 What are the additional attest engagement requirements for 
          parties that redesignate certified NTDF as MVNRLM diesel fuel?
80.1476 Requirements for biointermediate producers.
80.1477 Requirements for QAPs for biointermediate producers.
80.1478 Requirements for foreign biointermediate producers and 
          importers.

Subparts N-O [Reserved]

Appendixes A-G to Part 80 [Reserved]

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

    Source: 38 FR 1255, Jan. 10, 1973, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  80.1  Scope.

    (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.

[85 FR 78465, Dec. 4, 2020]



Sec.  80.2  Definitions.

    Definitions apply in this part as described in this section.
    Administrator means the Administrator of the Environmental 
Protection Agency.
    Carrier means any distributor who transports or stores or causes the 
transportation or storage of gasoline or diesel fuel without taking 
title to or otherwise having any ownership of the gasoline or diesel 
fuel, and without altering either the quality or quantity of the 
gasoline or diesel fuel.
    Category 3 (C3) marine vessels, for the purposes of this part 80, 
are vessels that are propelled by engines meeting the definition of 
``Category 3'' in 40 CFR 1042.901.
    CBOB means gasoline blendstock that could become conventional 
gasoline solely upon the addition of oxygenate.
    Control area means a geographic area in which only oxygenated 
gasoline under the oxygenated gasoline program may be sold or dispensed, 
with boundaries determined by Clean Air Act section 211(m) (42 U.S.C. 
7545(m)).
    Control period means the period during which oxygenated gasoline 
must be sold or dispensed in any control area, pursuant to Clean Air Act 
section 211(m)(2) (42 U.S.C. 7545(m)(2)).
    Conventional gasoline or CG means any gasoline that has been 
certified under 40 CFR 1090.1000(b) and is not RFG.
    Diesel fuel means any fuel sold in any State or Territory of the 
United States and suitable for use in diesel engines, and that is one of 
the following:
    (1) A distillate fuel commonly or commercially known or sold as No. 
1 diesel fuel or No. 2 diesel fuel;
    (2) A non-distillate fuel other than residual fuel with comparable 
physical and chemical properties (e.g., biodiesel fuel); or
    (3) A mixture of fuels meeting the criteria of paragraphs (1) and 
(2) of this definition.
    Distillate fuel means diesel fuel and other petroleum fuels that can 
be used in engines that are designed for diesel fuel. For example, jet 
fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are 
distillate fuels; and natural gas, LPG, gasoline, and residual fuel are 
not distillate fuels. Blends containing residual fuel may be distillate 
fuels.
    Distributor means any person who transports or stores or causes the 
transportation or storage of gasoline or diesel fuel at any point 
between any gasoline or diesel fuel refinery or importer's facility and 
any retail outlet

[[Page 7]]

or wholesale purchaser-consumer's facility.
    ECA marine fuel is diesel, distillate, or residual fuel that meets 
the criteria of paragraph (1) of this definition, but not the criteria 
of paragraph (2) of this definition.
    (1) All diesel, distillate, or residual fuel used, intended for use, 
or made available for use in Category 3 marine vessels while the vessels 
are operating within an Emission Control Area (ECA), or an ECA 
associated area, is ECA marine fuel, unless it meets the criteria of 
paragraph (2) of this definition.
    (2) ECA marine fuel does not include any of the following fuel:
    (i) Fuel used by exempted or excluded vessels (such as exempted 
steamships), or fuel used by vessels allowed by the U.S. government 
pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the 
fuel sulfur limits while operating in an ECA or an ECA associated area 
(see 33 U.S.C. 1903).
    (ii) Fuel that conforms fully to the requirements of this part for 
MVNRLM diesel fuel (including being designated as MVNRLM).
    (iii) Fuel used, or made available for use, in any diesel engines 
not installed on a Category 3 marine vessel.
    Gasoline means any fuel sold in any State \1\ for use in motor 
vehicles and motor vehicle engines, and commonly or commercially known 
or sold as gasoline.
---------------------------------------------------------------------------

    \1\ State means a State, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa and the 
Commonwealth of the Northern Mariana Islands.
---------------------------------------------------------------------------

    Gasoline blendstock or component means any liquid compound that is 
blended with other liquid compounds to produce gasoline.
    Gasoline blendstock for oxygenate blending or BOB has the meaning 
given in 40 CFR 1090.80.
    Gasoline treated as blendstock or GTAB means imported gasoline that 
is excluded from an import facility's compliance calculations, but is 
treated as blendstock in a related refinery that includes the GTAB in 
its refinery compliance calculations.
    Heating oil means any No. 1, No. 2, or non-petroleum diesel blend 
that is sold for use in furnaces, boilers, and similar applications and 
which is commonly or commercially known or sold as heating oil, fuel 
oil, and similar trade names, and that is not jet fuel, kerosene, or 
MVNRLM diesel fuel.
    Importer means a person who imports gasoline, gasoline blendstocks 
or components, or diesel fuel from a foreign country into the United 
States (including the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, and the Northern Mariana Islands).
    Jet fuel means any distillate fuel used, intended for use, or made 
available for use in aircraft.
    Kerosene means any No.1 distillate fuel commonly or commercially 
sold as kerosene.
    Liquefied petroleum gas or LPG means a liquid hydrocarbon fuel that 
is stored under pressure and is composed primarily of species that are 
gases at atmospheric conditions (temperature = 25 [deg]C and pressure = 
1 atm), excluding natural gas.
    Locomotive engine means an engine used in a locomotive as defined 
under 40 CFR 92.2.
    Marine engine has the meaning given in 40 CFR 1042.901.
    MVNRLM diesel fuel means any diesel fuel or other distillate fuel 
that is used, intended for use, or made available for use in motor 
vehicles or motor vehicle engines, or as a fuel in any nonroad diesel 
engines, including locomotive and marine diesel engines, except the 
following: Distillate fuel with a T90 at or above 700 [deg]F that is 
used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel, 
and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that 
conforms to the requirements of MVNRLM diesel fuel is excluded from the 
definition of ``ECA marine fuel'' in this section without regard to its 
actual use). Use the distillation test method specified in 40 CFR 
1065.1010 to determine the T90 of the fuel.
    (1) Any diesel fuel that is sold for use in stationary engines that 
are required to meet the requirements of 40 CFR 1090.300, when such 
provisions are applicable to nonroad engines, is considered MVNRLM 
diesel fuel.
    (2) [Reserved]

[[Page 8]]

    Natural gas means a fuel whose primary constituent is methane.
    Non-petroleum diesel means a diesel fuel that contains at least 80 
percent mono-alkyl esters of long chain fatty acids derived from 
vegetable oils or animal fats.
    Nonroad diesel engine means an engine that is designed to operate 
with diesel fuel that meets the definition of nonroad engine in 40 CFR 
1068.30, including locomotive and marine diesel engines.
    Oxygenate means any substance which, when added to gasoline, 
increases the oxygen content of that gasoline. Lawful use of any of the 
substances or any combination of these substances requires that they be 
``substantially similar'' under section 211(f)(1) of the Clean Air Act 
(42 U.S.C. 7545(f)(1)), or be permitted under a waiver granted by the 
Administrator under the authority of section 211(f)(4) of the Clean Air 
Act (42 U.S.C. 7545(f)(4)).
    Oxygenated gasoline means gasoline which contains a measurable 
amount of oxygenate.
    Refiner means any person who owns, leases, operates, controls, or 
supervises a refinery.
    Refinery means any facility, including but not limited to, a plant, 
tanker truck, or vessel where gasoline or diesel fuel is produced, 
including any facility at which blendstocks are combined to produce 
gasoline or diesel fuel, or at which blendstock is added to gasoline or 
diesel fuel.
    Reformulated gasoline or RFG means any gasoline whose formulation 
has been certified under 40 CFR 1090.1000(b), and which meets each of 
the standards and requirements prescribed under 40 CFR 1090.220.
    Reformulated gasoline blendstock for oxygenate blending, or RBOB 
means a petroleum product that, when blended with a specified type and 
percentage of oxygenate, meets the definition of reformulated gasoline, 
and to which the specified type and percentage of oxygenate is added 
other than by the refiner or importer of the RBOB at the refinery or 
import facility where the RBOB is produced or imported.
    Residual fuel means a petroleum fuel that can only be used in diesel 
engines if it is preheated before injection. For example, No. 5 fuels, 
No. 6 fuels, and RM grade marine fuels are residual fuels. Note: 
Residual fuels do not necessarily require heating for storage or 
pumping.
    Retail outlet means any establishment at which gasoline, diesel 
fuel, natural gas or liquefied petroleum gas is sold or offered for sale 
for use in motor vehicles or nonroad engines, including locomotive or 
marine engines.
    Retailer means any person who owns, leases, operates, controls, or 
supervises a retail outlet.
    Wholesale purchaser-consumer means any person that is an ultimate 
consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum 
gas and which purchases or obtains gasoline, diesel fuel, natural gas or 
liquefied petroleum gas from a supplier for use in motor vehicles or 
nonroad engines, including locomotive or marine engines and, in the case 
of gasoline, diesel fuel, or liquefied petroleum gas, receives delivery 
of that product into a storage tank of at least 550-gallon capacity 
substantially under the control of that person.

[85 FR 78465, Dec. 4, 2020]



Sec.  80.3  [Reserved]



Sec.  80.4  Right of entry; tests and inspections.

    The Administrator or his authorized representative, 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.

[61 FR 35356, July 5, 1996]



Sec.  80.5  Penalties.

    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

[[Page 9]]

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.

[58 FR 65554, Dec. 15, 1993]



Sec.  80.7  Requests for information.

    (a) When the Administrator, the Regional Administrator, or their 
delegates have reason to believe that a violation of section 211(c) or 
section 211(n) of the Act and the regulations thereunder has occurred, 
they 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 the Administrator, the Regional Administrator, 
or their delegates, any retailer shall provide documentation of his 
annual total sales volume in gallons of gasoline for each retail outlet 
for each calendar year beginning with 1971.
    (c) Any refiner, distributor, wholesale purchaser-consumer, 
retailer, or importer shall provide such other information as the 
Administrator or his authorized representative may reasonably require to 
enable him to determine whether such refiner, distributor, wholesale 
purchaser-consumer, retailer, or importer has acted or is acting in 
compliance with sections 211(c) and 211(n) of the Act and the 
regulations thereunder and shall, upon request of the Administrator or 
his authorized representative, produce and allow reproduction of any 
relevant records at all reasonable times. Such information may include 
but is not limited to records of unleaded gasoline inventory at a 
wholesale purchaser-consumer facility or a retail outlet, unleaded pump 
meter readings at a wholesale purchaser-consumer facility or a retail 
outlet, and receipts providing the date of acquisition of signs, labels, 
and nozzles required by 40 CFR 1090.1550. No person shall be required to 
furnish information requested under this paragraph if he can establish 
that such information is not maintained in the normal course of his 
business.

(Secs. 211, 301, Clean Air Act, as amended (42 U.S.C. 1857f-6c, 1857g))

[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]

[[Page 10]]



Sec.  80.8  Sampling methods for gasoline, diesel fuel, fuel additives,
and renewable fuels.

    The sampling methods specified in this section shall be used to 
collect samples of gasoline, diesel fuel, blendstocks, fuel additives 
and renewable fuels for purposes of determining compliance with the 
requirements of this part.
    (a) Manual sampling. Manual sampling of tanks and pipelines shall be 
performed according to the applicable procedures specified in ASTM 
D4057.
    (b) Automatic sampling. Automatic sampling of petroleum products in 
pipelines shall be performed according to the applicable procedures 
specified in ASTM D4177.
    (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.
    (d) Sample compositing. Composite samples shall be prepared using 
the applicable procedures specified in ASTM D5854.
    (e) Materials incorporated by reference. The published materials 
identified in this section are incorporated by reference into this 
section with the approval of the Director of the Federal Register under 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, a document must be published in the 
Federal Register and the material must be available to the public. All 
approved materials are available for inspection at the Air and Radiation 
Docket and Information Center (Air Docket) in the EPA Docket Center 
(EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., 
Washington, DC. The EPA/DC Public Reading Room hours of operation are 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 
The telephone number of the EPA/DC Public Reading Room is (202) 566-
1744, and the telephone number for the Air Docket is (202) 566-1742. 
These approved materials are also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call (202) 741-6030 or go to 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. In addition, these materials are available from the 
sources listed below.
    (1) ASTM International material. The following standards are 
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, 
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://
www.astm.org:
    (i) ASTM D4057-12, Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products, approved December 1, 2012 (``ASTM 
D4057'').
    (ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for 
Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 
2010 (``ASTM D4177'').
    (iii) ASTM D5842-14, Standard Practice for Sampling and Handling of 
Fuels for Volatility Measurement, approved January 15, 2014 (``ASTM 
D5842'').
    (iv) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing 
and Handling of Liquid Samples of Petroleum and Petroleum Products, 
approved May 1, 2010 (``ASTM D5854'').
    (2) [Reserved]

[79 FR 23631, Apr. 28, 2014, as amended at 80 FR 9090, Feb. 19, 2015]



Sec.  80.9  Rounding a test result for determining conformance with a
fuels standard.

    (a) For purposes of determining compliance with the fuel standards 
of 40 CFR part 80, a test result will be rounded to the nearest unit of 
significant digits specified in the applicable fuel standard in 
accordance with the rounding method described in the ASTM standard 
practice, ASTM E 29-02 e1, entitled, ``Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications''.
    (b) ASTM standard practice, E 29-02 e1 is incorporated by 
reference. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. A copy may be obtained from the American Society for Testing 
and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. 
Copies may be inspected at the Air

[[Page 11]]

Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030 or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[71 FR 16499, Apr. 3, 2006]



Sec.  80.10  Addresses.

    (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]

[85 FR 7070, Feb. 6, 2020]



Sec.  80.11  Confidentiality of information.

    (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.

[87 FR 39659, July 1, 2022]

Subpart B [Reserved]



                      Subpart C_Oxygenated Gasoline



Sec.  80.35  Labeling of retail gasoline pumps; oxygenated gasoline.

    (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.

    (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.

    (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.

[[Page 12]]

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.

[57 FR 47771, Oct. 20, 1992]



Sec. Sec.  80.36-80.39  [Reserved]

Subparts D-L [Reserved]



                    Subpart M_Renewable Fuel Standard

    Source: 75 FR 14863, Mar. 26, 2010, unless otherwise noted.



Sec.  80.1400  Applicability.

    The provisions of this Subpart M shall apply for all renewable fuel 
produced on or after July 1, 2010, for all RINs generated on or after 
July 1, 2010, and for all renewable volume obligations and compliance 
periods starting with January 1, 2010.

[75 FR 14863, Mar. 26, 2010, as amended at 85 FR 78467, Dec. 4, 2020]



Sec.  80.1401  Definitions.

    The definitions of Sec.  80.2 and of this section apply for the 
purposes of this Subpart M. The definitions of this section do not apply 
to other subparts unless otherwise noted. Note that many terms defined 
here are common terms that have specific meanings under this subpart M. 
The definitions follow:
    A-RIN means a RIN verified during the interim period by a registered 
independent third-party auditor using a QAP that has been approved under 
Sec.  80.1469(a) following the audit process described in Sec.  80.1472.
    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 Sec.  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 predominantly derived from photosynthesis.
    Annual cover crop means an annual crop, planted as a rotation 
between primary planted crops, or between trees and vines in orchards 
and vineyards, typically to protect soil from erosion and to improve the 
soil between periods of regular crops. An annual cover crop has no 
existing market to which it can be sold except for its use as feedstock 
for the production of renewable fuel.
    Approved pathway means a pathway listed in Table 1 to Sec.  80.1426 
or in a petition approved under Sec.  80.1416.

[[Page 13]]

    Areas at risk of wildfire are those areas in the ``wildland-urban 
interface'', where humans and their development meet or intermix with 
wildland fuel. Note that, for guidance, the SILVIS laboratory at the 
University of Wisconsin maintains a Web site that provides a detailed 
map of areas meeting this criteria at: http://
www.silvis.forest.wisc.edu/projects/US_WUI_2000.asp. The SILVIS 
laboratory is located at 1630 Linden Drive, Madison, Wisconsin 53706 and 
can be contacted at (608) 263-4349.
    B-RIN means a RIN verified during the interim period by a registered 
independent third-party auditor using a QAP that has been approved under 
Sec.  80.1469(b) following the audit process described in Sec.  80.1472.
    Baseline lifecycle greenhouse gas emissions means the average 
lifecycle greenhouse gas emissions for gasoline or diesel (whichever is 
being replaced by the renewable fuel) sold or distributed as 
transportation fuel in 2005.
    Baseline volume means the permitted capacity or, if permitted 
capacity cannot be determined, the actual peak capacity or nameplate 
capacity as applicable pursuant to Sec.  80.1450(b)(1)(v)(A) through 
(C), of a specific renewable fuel production facility on a calendar year 
basis.
    Biocrude means a liquid biointermediate that meets all the following 
requirements:
    (1) It is produced at a biointermediate production facility using 
one or more of the following processes:
    (i) A process identified in row M under Table 1 to Sec.  80.1426.
    (ii) A process identified in a pathway listed in a petition approved 
under Sec.  80.1416 for the production of renewable fuel produced from 
biocrude.
    (2) It is to be used to produce renewable fuel at a refinery as 
defined in 40 CFR 1090.80.
    Biodiesel means a mono-alkyl ester that meets ASTM D6751 
(incorporated by reference, see Sec.  80.1468).
    Biodiesel distillation bottoms means the heavier product from 
distillation at a biodiesel production facility that does not meet the 
definition of biodiesel.
    Biointermediate means any feedstock material that is intended for 
use to produce renewable fuel and meets all of the following 
requirements:
    (1) It is produced from renewable biomass.
    (2) It has not previously had RINs generated for it.
    (3) It is produced at a facility registered with EPA that is 
different than the facility at which it is used as feedstock material to 
produce renewable fuel.
    (4) It is produced from the feedstock material identified in an 
approved pathway, will be used to produce the renewable fuel listed in 
that approved pathway, and is produced and processed in accordance with 
the process(es) listed in that approved pathway.
    (5) Is one of the following types of biointermediate:
    (i) Biocrude.
    (ii) Biodiesel distillate bottoms.
    (iii) Biomass-based sugars.
    (iv) Digestate.
    (v) Free fatty acid (FFA) feedstock.
    (vi) Glycerin.
    (vii) Soapstock.
    (viii) Undenatured ethanol.
    (6) It is not a feedstock material identified in an approved pathway 
that is used to produce the renewable fuel specified in that approved 
pathway.
    Biointermediate import facility means any facility as defined in 40 
CFR 1090.80 where a biointermediate is imported from outside the covered 
location into the covered location.
    Biointermediate importer means any person who owns, leases, 
operates, controls, or supervises a biointermediate import facility.
    Biointermediate producer means any person who owns, leases, 
operates, controls, or supervises a biointermediate production facility.
    Biointermediate production facility means all of the activities and 
equipment associated with the production of a biointermediate starting 
from the point of delivery of feedstock material to the point of final 
storage of the end biointermediate product, which are located on one 
property, and are under the control of the same person (or persons under 
common control).
    Biogas means a mixture of hydrocarbons that is a gas at 60 degrees

[[Page 14]]

Fahrenheit and 1 atmosphere of pressure that is produced through the 
anaerobic digestion of organic matter.
    Biomass-based diesel means a renewable fuel that has lifecycle 
greenhouse gas emissions that are at least 50 percent less than baseline 
lifecycle greenhouse gas emissions and meets all of the requirements of 
paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive, 
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester renewable 
diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under 
40 CFR part 79, if the fuel or fuel additive is intended for use in a 
motor vehicle.
    (2) Renewable fuel that is co-processed with petroleum is not 
biomass-based diesel.
    Biomass-based sugars means sugars (e.g., dextrose, sucrose, etc.) 
extracted from renewable biomass under an approved pathway, other than 
through a form change described in Sec.  80.1460(k)(2).
    Canola/Rapeseed oil means either of the following:
    (1) Canola oil is oil from the plants Brassica napus, Brassica rapa, 
Brassica juncea, Sinapis alba, or Sinapis arvensis and which typically 
contains less than 2 percent erucic acid in the component fatty acids 
obtained.
    (2) Rapeseed oil is the oil obtained from the plants Brassica napus, 
Brassica rapa, or Brassica juncea.
    Cellulosic biofuel means renewable fuel derived from any cellulose, 
hemi-cellulose, or lignin that has lifecycle greenhouse gas emissions 
that are at least 60 percent less than the baseline lifecycle greenhouse 
gas emissions.
    Cellulosic diesel is any renewable fuel which meets both the 
definitions of cellulosic biofuel and biomass-based diesel, as defined 
in this section 80.1401. Cellulosic diesel includes heating oil and jet 
fuel made from cellulosic feedstocks.
    Certified non-transportation 15 ppm distillate fuel or certified 
NTDF means distillate fuel that meets all the following:
    (1) The fuel has been certified under 40 CFR 1090.1000 as meeting 
the ULSD standards in 40 CFR 1090.305.
    (2) The fuel has been designated under 40 CFR 1090.1015 as certified 
NTDF.
    (3) The fuel has also been designated under 40 CFR 1090.1015 as 15 
ppm heating oil, 15 ppm ECA marine fuel, or other non-transportation 
fuel (e.g., jet fuel, kerosene, or distillate global marine fuel).
    (4) The fuel has not been designated under 40 CFR 1090.1015 as ULSD 
or 15 ppm MVNRLM diesel fuel.
    (5) The PTD for the fuel meets the requirements in Sec.  80.1453(e).
    Combined heat and power (CHP), also known as cogeneration, refers to 
industrial processes in which waste heat from the production of 
electricity is used for process energy in a biointermediate or renewable 
fuel production facility.
    Contractual affiliate means one of the following:
    (1) Two parties are contractual affiliates if they have an explicit 
or implicit agreement in place for one to purchase or hold RINs on 
behalf of the other or to deliver RINs to the other. This other party 
may or may not be registered under the RFS program.
    (2) Two parties are contractual affiliates if one RIN-owning party 
purchases or holds RINs on behalf of the other. This other party may or 
may not be registered under the RFS program.
    Co-processed means that renewable biomass or a biointermediate was 
simultaneously processed with fossil fuels or other non-renewable 
feedstock in the same unit or units to produce a fuel that is partially 
derived from renewable biomass or a biointermediate.
    Co-processed cellulosic diesel is any renewable fuel that meets the 
definition of cellulosic biofuel, as defined in this section 80.1401, 
and meets all of the requirements of paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive, 
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester renewable 
diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under 
40 CFR part 79, if the fuel or fuel additive is intended for use in a 
motor vehicle.
    (2) Co-processed cellulosic diesel includes heating oil and jet fuel 
made

[[Page 15]]

from cellulosic feedstocks and cellulosic biofuel produced as a result 
of co-processing cellulosic feedstocks with petroleum.
    Corporate affiliate means one of the following:
    (1) Two RIN-holding parties are corporate affiliates if one owns or 
controls ownership of more than 20 percent of the other.
    (2) Two RIN-holding parties are corporate affiliates if one parent 
company owns or controls ownership of more than 20 percent of both.
    Corporate affiliate group means a group of parties in which each 
party is a corporate affiliate to at least one other party in the group.
    Corn oil extraction means the recovery of corn oil from the thin 
stillage and/or the distillers grains and solubles produced by a dry 
mill corn ethanol plant, most often by mechanical separation.
    Corn oil fractionation means a process whereby seeds are divided in 
various components and oils are removed prior to fermentation for the 
production of ethanol.
    Covered location means the contiguous 48 states, Hawaii, and any 
state or territory that has received an approval from the Administrator 
to opt-in to the RFS program under Sec.  80.1443.
    Crop residue means biomass left over from the harvesting or 
processing of planted crops from existing agricultural land and any 
biomass removed from existing agricultural land that facilitates crop 
management (including biomass removed from such lands in relation to 
invasive species control or fire management), whether or not the biomass 
includes any portion of a crop or crop plant. Biomass is considered crop 
residue only if the use of that biomass for the production of renewable 
fuel has no significant impact on demand for the feedstock crop, 
products produced from that feedstock crop, and all substitutes for the 
crop and its products, nor any other impact that would result in a 
significant increase in direct or indirect GHG emissions.
    Cropland is land used for production of crops for harvest and 
includes cultivated cropland, such as for row crops or close-grown 
crops, and non-cultivated cropland, such as for horticultural or aquatic 
crops.
    Diesel, for the purposes of this subpart, refers to any and all of 
the products specified at Sec.  80.1407(e).
    Digestate means the material that remains following the anaerobic 
digestion of renewable biomass in an anaerobic digester. Digestate must 
only contain the leftovers that were unable to be completely converted 
to biogas in an anaerobic digestor that is part of an EPA-accepted 
registration under Sec.  80.1450.
    Distillers corn oil means corn oil recovered at any point downstream 
of when a dry mill ethanol or butanol plant grinds the corn, provided 
that the corn starch is converted to ethanol or butanol, the recovered 
oil is unfit for human food use without further refining, and the 
distillers grains remaining after the dry mill and oil recovery 
processes are marketable as animal feed.
    Distillers sorghum oil means grain sorghum oil recovered at any 
point downstream of when a dry mill ethanol or butanol plant grinds the 
grain sorghum, provided that the grain sorghum is converted to ethanol 
or butanol, the recovered oil is unfit for human food use without 
further refining, and the distillers grains remaining after the dry mill 
and oil recovery processes are marketable as animal feed.
    DX RIN means a RIN with a D code of X, where X is the D code of the 
renewable fuel as identified under Sec.  80.1425(g), generated under 
Sec.  80.1426, and submitted under Sec.  80.1452. For example, a D6 RIN 
is a RIN with a D code of 6.
    Ecologically sensitive forestland means forestland that meets either 
of the following criteria:
    (1) An ecological community with a global or state ranking of 
critically imperiled, imperiled or rare pursuant to a State Natural 
Heritage Program. For examples of such ecological communities, see 
``Listing of Forest Ecological Communities Pursuant to 40 CFR 80.1401; 
S1-S3 communities,'' which is number EPA-HQ-OAR-2005-0161-1034.1 in the 
public docket, and ``Listing of Forest Ecological Communities Pursuant 
to 40 CFR 80.1401; G1-G2 communities,'' which is number EPA-HQ-OAR-2005-
0161-2906.1 in the public docket. This material is available for 
inspection at the EPA Docket

[[Page 16]]

Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington DC. The telephone number for the Air Docket is (202) 566-
1742.
    (2) Old growth or late successional, characterized by trees at least 
200 years in age.
    End of day means 7:00 a.m. Coordinated Universal Time (UTC).
    Energy cane means a complex hybrid in the Saccharum genus that has 
been bred to maximize cellulosic rather than sugar content. For the 
purposes of this subpart:
    (1) Energy cane excludes the species Saccharum spontaneum, but may 
include hybrids derived from S. spontaneum that have been developed and 
publicly released by USDA; and
    (2) Energy cane only includes cultivars that have, on average, at 
least 75% adjusted cellulosic content on a dry mass basis.
    EPA Moderated Transaction System, or EMTS, means a closed, EPA 
moderated system that provides a mechanism for screening and tracking 
Renewable Identification Numbers (RINs) as per Sec.  80.1452.
    Existing agricultural land is cropland, pastureland, and land 
enrolled in the Conservation Reserve Program (administered by the U.S. 
Department of Agriculture's Farm Service Agency) that was cleared or 
cultivated prior to December 19, 2007, and that, on December 19, 2007, 
was:
    (1) Nonforested; and
    (2) Actively managed as agricultural land or fallow, as evidenced by 
records which must be traceable to the land in question, which must 
include one of the following:
    (i) Records of sales of planted crops, crop residue, or livestock, 
or records of purchases for land treatments such as fertilizer, weed 
control, or seeding.
    (ii) A written management plan for agricultural purposes.
    (iii) Documented participation in an agricultural management program 
administered by a Federal, state, or local government agency.
    (iv) Documented management in accordance with a certification 
program for agricultural products.
    Exporter of renewable fuel means all buyers, sellers, and owners of 
the renewable fuel in any transaction that results in renewable fuel 
being transferred from a covered location to a destination outside of 
the covered locations.
    Facility means all of the activities and equipment associated with 
the production of renewable fuel or a biointermediate starting from the 
point of delivery of feedstock material to the point of final storage of 
the end product, which are located on one property, and are under the 
control of the same person (or persons under common control).
    Fallow means cropland, pastureland, or land enrolled in the 
Conservation Reserve Program (administered by the U.S. Department of 
Agriculture's Farm Service Agency) that is intentionally left idle to 
regenerate for future agricultural purposes with no seeding or planting, 
harvesting, mowing, or treatment during the fallow period.
    Foreign ethanol producer means a foreign renewable fuel producer who 
produces ethanol for use in transportation fuel, heating oil, or jet 
fuel but who does not add ethanol denaturant to their product as 
described in paragraph (2) of the definition of ``renewable fuel'' in 
this section.
    Foreign renewable fuel producer means a person from a foreign 
country or from an area outside the covered locations who produces 
renewable fuel for use in transportation fuel, heating oil, or jet fuel 
for export to the covered location. Foreign ethanol producers are 
considered foreign renewable fuel producers.
    Forestland is generally undeveloped land covering a minimum area of 
1 acre upon which the primary vegetative species are trees, including 
land that formerly had such tree cover and that will be regenerated and 
tree plantations. Tree-covered areas in intensive agricultural crop 
production settings, such as fruit orchards, or tree-covered areas in 
urban settings, such as city parks, are not considered forestland.
    Free fatty acid (FFA) feedstock means a biointermediate that is 
composed of at least 50 percent free fatty acids. FFA feedstock must not 
include any free fatty acids from the refining of crude palm oil.
    Fuel for use in an ocean-going vessel means, for this subpart only:

[[Page 17]]

    (1) Any marine residual fuel (whether burned in ocean waters, Great 
Lakes, or other internal waters);
    (2) Emission Control Area (ECA) marine fuel, pursuant to Sec.  80.2 
and 40 CFR 1090.80 (whether burned in ocean waters, Great Lakes, or 
other internal waters); and
    (3) Any other fuel intended for use only in ocean-going vessels.
    Gasoline, for the purposes of this subpart, refers to any and all of 
the products specified at Sec.  80.1407(c).
    Glycerin means a coproduct from the production of biodiesel that 
primarily contains glycerol.
    Heating oil means:
    (1) A fuel meeting the definition of heating oil set forth in Sec.  
80.2; or
    (2) A fuel oil that is used to heat or cool interior spaces of homes 
or buildings to control ambient climate for human comfort. The fuel oil 
must be liquid at 60 degrees Fahrenheit and 1 atmosphere of pressure, 
and contain no more than 2.5% mass solids.
    Importers. For the purposes of this subpart, an importer of 
transportation fuel or renewable fuel is any U.S. domestic person who:
    (1) Brings transportation fuel or renewable fuel into the 48 
contiguous states of the United States or Hawaii, from a foreign country 
or from an area that has not opted in to the program requirements of 
this subpart pursuant to Sec.  80.1443; or
    (2) Brings transportation fuel or renewable fuel into an area that 
has opted in to the program requirements of this subpart pursuant to 
Sec.  80.1443 from a foreign country or from an area that has not opted 
in to the program requirements of this subpart.
    Independent third-party auditor means a party meeting the 
requirements of Sec.  80.1471(b) that conducts QAP audits and verifies 
RINs.
    Interim period means the period between February 21, 2013 and 
December 31, 2014.
    Membrane separation means the process of dehydrating ethanol to fuel 
grade (99.5% purity) using a hydrophilic membrane.
    Motor vehicle has the meaning given in Section 216(2) of the Clean 
Air Act (42 U.S.C. 7550(2)).
    Nameplate capacity means the peak design capacity of a facility for 
the purposes of registration of a facility under Sec.  
80.1450(b)(1)(v)(C).
    Naphtha means a blendstock or fuel blending component falling within 
the boiling range of gasoline which is composed of only hydrocarbons, is 
commonly or commercially known as naphtha and is used to produce 
gasoline through blending.
    Neat renewable fuel is a renewable fuel to which 1% or less of 
gasoline (as defined in this section) or diesel fuel has been added.
    Non-ester renewable diesel, also known as renewable diesel, means 
renewable fuel that is not a mono-alkyl ester and that is either:
    (1) A fuel or fuel additive that meets the Grade No. 1-D or No. 2-D 
specification in ASTM D975 (incorporated by reference, see Sec.  
80.1468) and can be used in an engine designed to operate on 
conventional diesel fuel; or
    (2) A fuel or fuel additive that is registered under 40 CFR part 79 
and can be used in an engine designed to operate using conventional 
diesel fuel.
    Non-qualifying fuel use means a use of renewable fuel in an 
application other than transportation fuel, heating oil, or jet fuel.
    Non-renewable feedstock means a feedstock (or any portion thereof) 
that does not meet the definition of renewable biomass or 
biointermediate in this section.
    Non-RIN-generating foreign producer means a foreign renewable fuel 
producer that has been registered by EPA to produce renewable fuel for 
which RINs have not been generated.
    Nonforested land means land that is not forestland.
    Nonroad vehicle has the meaning given in Section 216(11) of the 
Clean Air Act (42 U.S.C. 7550(11)).
    Pastureland is land managed for the production of select indigenous 
or introduced forage plants for livestock grazing or hay production, and 
to prevent succession to other plant types.
    Permitted capacity means 105% of the maximum permissible volume 
output of renewable fuel that is allowed under operating conditions 
specified in the most restrictive of all applicable

[[Page 18]]

preconstruction, construction and operating permits issued by regulatory 
authorities (including local, regional, state or a foreign equivalent of 
a state, and federal permits, or permits issued by foreign governmental 
agencies) that govern the construction and/or operation of the renewable 
fuel facility, based on an annual volume output on a calendar year 
basis. If the permit specifies maximum rated volume output on an hourly 
basis, then annual volume output is determined by multiplying the hourly 
output by 8,322 hours per year.
    (1) For facilities that commenced construction prior to December 19, 
2007, the permitted capacity is based on permits issued or revised no 
later than December 19, 2007.
    (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 permitted capacity is based on 
permits issued or revised no later than December 31, 2009.
    (3) For facilities other than those described in paragraphs (1) and 
(2) of this definition, permitted capacity is based on the most recent 
applicable permits.
    Planted crops are all annual or perennial agricultural crops from 
existing agricultural land that may be used as feedstocks for renewable 
fuel, such as grains, oilseeds, sugarcane, switchgrass, prairie grass, 
duckweed, and other species (but not including algae species or planted 
trees), providing that they were intentionally applied by humans to the 
ground, a growth medium, a pond or tank, either by direct application as 
seed or plant, or through intentional natural seeding or vegetative 
propagation by mature plants introduced or left undisturbed for that 
purpose.
    Planted trees are trees harvested from a tree plantation.
    Pre-commercial thinnings are trees, including unhealthy or diseased 
trees, removed to reduce stocking to concentrate growth on more 
desirable, healthy trees, or other vegetative material that is removed 
to promote tree growth.
    Professional liability insurance means insurance coverage for 
liability arising out of the performance of professional or business 
duties related to a specific occupation, with coverage being tailored to 
the needs of the specific occupation. Examples include abstracters, 
accountants, insurance adjusters, architects, engineers, insurance 
agents and brokers, lawyers, real estate agents, stockbrokers, and 
veterinarians. For purposes of this definition, professional liability 
insurance does not include directors and officers liability insurance.
    Q-RIN means a RIN verified by a registered independent third-party 
auditor using a QAP that has been approved under Sec.  80.1469(c) 
following the audit process described in Sec.  80.1472.
    Quality assurance audit means an audit of a renewable fuel 
production facility or biointermediate production facility conducted by 
an independent third-party auditor in accordance with a QAP that meets 
the requirements of Sec. Sec.  80.1469, 80.1472, and 80.1477.
    Quality assurance plan, or QAP, means the list of elements that an 
independent third-party auditor will check to verify that the RINs 
generated by a renewable fuel producer or importer are valid or to 
verify the appropriate production of a biointermediate. A QAP includes 
both general and pathway specific elements.
    Raw starch hydrolysis means the process of hydrolyzing corn starch 
into simple sugars at low temperatures, generally not exceeding 100 
[deg]F (38 [deg]C), using enzymes designed to be effective under these 
conditions.
    Renewable biomass means each of the following (including any 
incidental, de minimis contaminants that are impractical to remove and 
are related to customary feedstock production and transport):
    (1) Planted crops and crop residue harvested from existing 
agricultural land cleared or cultivated prior to December 19, 2007 and 
that was nonforested and either actively managed or fallow on December 
19, 2007.
    (2) Planted trees and tree residue from a tree plantation located on 
non-federal land (including land belonging to an Indian tribe or an 
Indian individual that is held in trust by the U.S. or subject to a 
restriction against alienation imposed by the U.S.) that

[[Page 19]]

was cleared at any time prior to December 19, 2007 and actively managed 
on December 19, 2007.
    (3) Animal waste material and animal byproducts.
    (4) Slash and pre-commercial thinnings from non-federal forestland 
(including forestland belonging to an Indian tribe or an Indian 
individual, that are held in trust by the United States or subject to a 
restriction against alienation imposed by the United States) that is not 
ecologically sensitive forestland.
    (5) Biomass (organic matter that is available on a renewable or 
recurring basis) obtained from within 200 feet of buildings and other 
areas regularly occupied by people, or of public infrastructure, in an 
area at risk of wildfire.
    (6) Algae.
    (7) Separated yard waste or food waste, including recycled cooking 
and trap grease.
    Renewable compressed natural gas (CNG) means biogas or biogas-
derived pipeline quality gas that is compressed for use as 
transportation fuel and meets the definition of renewable fuel.
    Renewable electricity means electricity that meets the definition of 
renewable fuel.
    Renewable fuel means a fuel that meets all the following 
requirements:
    (1)(i) Fuel that is produced either from renewable biomass or from a 
biointermediate produced from renewable biomass.
    (ii) Fuel that is used to replace or reduce the quantity of fossil 
fuel present in a transportation fuel, heating oil, or jet fuel.
    (iii) Has lifecycle greenhouse gas emissions that are at least 20 
percent less than baseline lifecycle greenhouse gas emissions, unless 
the fuel is exempt from this requirement pursuant to Sec.  80.1403.
    (2) Ethanol covered by this definition shall be denatured using an 
ethanol denaturant as required in 27 CFR parts 19 through 21. Any volume 
of ethanol denaturant added to the undenatured ethanol by a producer or 
importer in excess of 2 volume percent shall not be included in the 
volume of ethanol for purposes of determining compliance with the 
requirements under this subpart.
    Renewable gasoline means renewable fuel made from renewable biomass 
that is composed of only hydrocarbons and which meets the definition of 
gasoline in Sec.  80.2.
    Renewable gasoline blendstock means a blendstock made from renewable 
biomass that is composed of only hydrocarbons and which meets the 
definition of gasoline blendstock in Sec.  80.2.
    Renewable Identification Number (RIN), is a unique number generated 
to represent a volume of renewable fuel pursuant to Sec. Sec.  80.1425 
and 80.1426.
    (1) Gallon-RIN is a RIN that represents an individual gallon of 
renewable fuel used for compliance purposes pursuant to Sec.  80.1427 to 
satisfy a renewable volume obligation.
    (2) Batch-RIN is a RIN that represents multiple gallon-RINs.
    Renewable liquefied natural gas (LNG) means biogas or biogas-derived 
pipeline quality gas that goes through the process of liquefaction in 
which it is cooled below its boiling point, and which meets the 
definition of renewable fuel.
    RIN-generating foreign producer means a foreign renewable fuel 
producer that has been registered by EPA to generate RINs for renewable 
fuel it produces.
    Separated food waste means a feedstock stream consisting of food 
waste kept separate since generation from other waste materials, and 
which includes food and beverage production waste and post-consumer food 
and beverage waste.
    Separated municipal solid waste (MSW) means material remaining after 
separation actions have been taken to remove recyclable paper, 
cardboard, plastics, rubber, textiles, metals, and glass from municipal 
solid waste, and which is composed of both cellulosic and non-cellulosic 
materials.
    Separated yard waste means a feedstock stream consisting of yard 
waste kept separate since generation from other waste materials.
    Slash is the residue, including treetops, branches, and bark, left 
on the ground after logging or accumulating as a result of a storm, 
fire, delimbing, or other similar disturbance.
    Small refinery means a refinery for which the average aggregate 
daily crude oil throughput (as determined by dividing the aggregate 
throughput for

[[Page 20]]

the calendar year by the number of days in the calendar year) does not 
exceed 75,000 barrels.
    Soapstock means an emulsion, or the oil obtained from separation of 
that emulsion, produced by washing oils listed as a feedstock in an 
approved pathway with water.
    Transportation fuel means fuel for use in motor vehicles, motor 
vehicle engines, nonroad vehicles, or nonroad engines (except fuel for 
use in ocean-going vessels).
    Tree plantation is a stand of no less than 1 acre composed primarily 
of trees established by hand- or machine-planting of a seed or sapling, 
or by coppice growth from the stump or root of a tree that was hand- or 
machine-planted. Tree plantations must have been cleared prior to 
December 19, 2007 and must have been actively managed on December 19, 
2007, as evidenced by records which must be traceable to the land in 
question, which must include:
    (1) Sales records for planted trees or tree residue together with 
other written documentation connecting the land in question to these 
purchases;
    (2) Purchasing records for seeds, seedlings, or other nursery stock 
together with other written documentation connecting the land in 
question to these purchases;
    (3) A written management plan for silvicultural purposes;
    (4) Documentation of participation in a silvicultural program 
sponsored by a Federal, state or local government agency;
    (5) Documentation of land management in accordance with an 
agricultural or silvicultural product certification program;
    (6) An agreement for land management consultation with a 
professional forester that identifies the land in question; or
    (7) Evidence of the existence and ongoing maintenance of a road 
system or other physical infrastructure designed and maintained for 
logging use, together with one of the above-mentioned documents.
    Tree residue is slash and any woody residue generated during the 
processing of planted trees from tree plantations for use in lumber, 
paper, furniture or other applications, provided that such woody residue 
is not mixed with similar residue from trees that do not originate in 
tree plantations.
    Undenatured ethanol means a liquid that meets one of the definitions 
in paragraph (1) of this definition:
    (1)(i) Ethanol that has not been denatured as required in 27 CFR 
parts 19 through 21.
    (ii) Specially denatured alcohol as defined in 27 CFR 21.11.
    (2) Undenatured ethanol is not renewable fuel.
    Verified RIN means a RIN generated by a renewable fuel producer that 
was subject to a QAP audit executed by an independent third-party 
auditor, and determined by the independent third-party auditor to be 
valid. Verified RINs includes A-RINs, B-RINs, and Q-RINs.

[75 FR 14863, Mar. 26, 2010]

    Editorial Note: For Federal Register citations affecting Sec.  
80.1401, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  80.1402  Availability of information; confidentiality of information.

    (a) Beginning January 1, 2020, no claim of business confidentiality 
may be asserted by any person with respect to information submitted to 
EPA under Sec.  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 Sec.  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.

[[Page 21]]

    (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 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 of the submission, if applicable.
    (7) The extent to which EPA granted or denied the request and any 
relevant terms and conditions.
    (e) Except as otherwise specified in this section, any information 
submitted under this part claimed as confidential remains subject to 
evaluation by EPA under 40 CFR part 2, subpart B.
    (f) EPA may disclose the information specified in paragraphs (a) 
through (d) of this section on its website, or otherwise make it 
available to interested parties, without additional notice or process, 
notwithstanding any claims that the information is entitled to 
confidential treatment under 40 CFR part 2, subpart B.

[87 FR 39661, July 1, 2022]



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

    (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

[[Page 22]]

    (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 
facilities are fired with natural gas, biomass, or a combination thereof 
at all times the facility operated between December 19, 2007 and 
December 31, 2009 and if:
    (1) The owner or operator did not discontinue construction for a 
period of 18 months after commencement of construction;
    (2) The owner or operator completed construction within 36 months of 
commencement of construction; and
    (3) The baseline volume continues to be produced through processes 
fired with natural gas, biomass, or any combination thereof.
    (e) The annual volume of renewable fuel during a calendar year from 
facilities described in paragraphs (c) and (d) of this section that 
exceeds the baseline volume shall be subject to the requirement that 
lifecycle greenhouse gas emissions be at least 20 percent less than 
baseline lifecycle greenhouse gas emissions.
    (f) If there are any changes in the mix of renewable fuels produced 
by those facilities described in paragraph (d) of this section, only the 
ethanol volume (to the extent it is less than or equal to baseline 
volume) will not be subject to the requirement that lifecycle greenhouse 
gas emissions be at least 20 percent less than baseline lifecycle 
greenhouse gas emissions. Any party that changes the fuel mix must 
update their registration as specified in Sec.  80.1450(d).

[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]



Sec.  80.1404  [Reserved]



Sec.  80.1405  What are the Renewable Fuel Standards?

    (a)(1) Renewable Fuel Standards for 2010.
    (i) The value of the cellulosic biofuel standard for 2010 shall be 
0.004 percent.
    (ii) The value of the biomass-based diesel standard for 2010 shall 
be 1.10 percent.
    (iii) The value of the advanced biofuel standard for 2010 shall be 
0.61 percent.
    (iv) The value of the renewable fuel standard for 2010 shall be 8.25 
percent.
    (2) Renewable Fuel Standards for 2011.
    (i) [Reserved]
    (ii) The value of the biomass-based diesel standard for 2011 shall 
be 0.69 percent.
    (iii) The value of the advanced biofuel standard for 2011 shall be 
0.78 percent.
    (iv) The value of the renewable fuel standard for 2011 shall be 8.01 
percent.
    (3) Renewable Fuel Standards for 2012.
    (i) [Reserved]
    (ii) The value of the biomass-based diesel standard for 2012 shall 
be 0.91 percent.
    (iii) The value of the advanced biofuel standard for 2012 shall be 
1.21 percent.
    (iv) The value of the renewable fuel standard for 2012 shall be 9.23 
percent.
    (4) Renewable Fuel Standards for 2013.
    (i) The value of the cellulosic biofuel standard for 2013 shall be 
0.0005 percent.
    (ii) The value of the biomass-based diesel standard for 2013 shall 
be 1.13 percent.
    (iii) The value of the advanced biofuel standard for 2013 shall be 
1.62 percent.
    (iv) The value of the renewable fuel standard for 2013 shall be 9.74 
percent.
    (5) Renewable Fuel Standards for 2014.
    (i) The value of the cellulosic biofuel standard for 2014 shall be 
0.019 percent.
    (ii) The value of the biomass-based diesel standard for 2014 shall 
be 1.41 percent.
    (iii) The value of the advanced biofuel standard for 2014 shall be 
1.51 percent.
    (iv) The value of the renewable fuel standard for 2014 shall be 9.19 
percent.
    (6) Renewable Fuel Standards for 2015.
    (i) The value of the cellulosic biofuel standard for 2015 shall be 
0.069 percent.
    (ii) The value of the biomass-based diesel standard for 2015 shall 
be 1.49 percent.

[[Page 23]]

    (iii) The value of the advanced biofuel standard for 2015 shall be 
1.62 percent.
    (iv) The value of the renewable fuel standard for 2015 shall be 9.52 
percent.
    (7) Renewable Fuel Standards for 2016.
    (i) The value of the cellulosic biofuel standard for 2016 shall be 
0.128 percent.
    (ii) The value of the biomass-based diesel standard for 2016 shall 
be 1.59 percent.
    (iii) The value of the advanced biofuel standard for 2016 shall be 
2.01 percent.
    (iv) The value of the renewable fuel standard for 2016 shall be 
10.10 percent.
    (8) Renewable Fuel Standards for 2017.
    (i) The value of the cellulosic biofuel standard for 2017 shall be 
0.173 percent.
    (ii) The value of the biomass-based diesel standard for 2017 shall 
be 1.67 percent.
    (iii) The value of the advanced biofuel standard for 2017 shall be 
2.38 percent.
    (iv) The value of the renewable fuel standard for 2017 shall be 
10.70 percent.
    (9) Renewable Fuel Standards for 2018.
    (i) The value of the cellulosic biofuel standard for 2018 shall be 
0.159 percent.
    (ii) The value of the biomass-based diesel standard for 2018 shall 
be 1.74 percent.
    (iii) The value of the advanced biofuel standard for 2018 shall be 
2.37 percent.
    (iv) The value of the renewable fuel standard for 2018 shall be 
10.67 percent.
    (10) Renewable Fuel Standards for 2019.
    (i) The value of the cellulosic biofuel standard for 2019 shall be 
0.230 percent.
    (ii) The value of the biomass-based diesel standard for 2019 shall 
be 1.73 percent.
    (iii) The value of the advanced biofuel standard for 2019 shall be 
2.71 percent.
    (iv) The value of the renewable fuel standard for 2019 shall be 
10.97 percent.
    (11) Renewable Fuel Standards for 2020. (i) The value of the 
cellulosic biofuel standard for 2020 shall be 0.32 percent.
    (ii) The value of the biomass-based diesel standard for 2020 shall 
be 2.30 percent.
    (iii) The value of the advanced biofuel standard for 2020 shall be 
2.93 percent.
    (iv) The value of the renewable fuel standard for 2020 shall be 
10.82 percent.
    (12) Renewable Fuel Standards for 2021. (i) The value of the 
cellulosic biofuel standard for 2021 shall be 0.33 percent.
    (ii) The value of the biomass-based diesel standard for 2021 shall 
be 2.16 percent.
    (iii) The value of the advanced biofuel standard for 2021 shall be 
3.00 percent.
    (iv) The value of the renewable fuel standard for 2021 shall be 
11.19 percent.
    (13) Renewable Fuel Standards for 2022. (i) The value of the 
cellulosic biofuel standard for 2022 shall be 0.35 percent.
    (ii) The value of the biomass-based diesel standard for 2022 shall 
be 2.33 percent.
    (iii) The value of the advanced biofuel standard for 2022 shall be 
3.16 percent.
    (iv) The value of the renewable fuel standard for 2022 shall be 
11.59 percent.
    (v) The value of the supplemental total renewable fuel standard for 
2022 shall be 0.14 percent.
    (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:

[[Page 24]]

[GRAPHIC] [TIFF OMITTED] TR09JA12.003

Where:

StdCB,i = The cellulosic biofuel standard for year i, in 
          percent.
StdBBD,i= The biomass-based diesel standard for year i, in 
          percent.
StdAB,i= The advanced biofuel standard for year i, in 
          percent.
StdRF,i= The renewable fuel standard for year i, in percent.
RFVCB,i= Annual volume of cellulosic biofuel required by 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.
RFVBBD,i= Annual volume of biomass-based diesel required by 
          42 U.S.C. 7545 (o)(2)(B) for year i, in gallons.
RFVAB,i= Annual volume of advanced biofuel required by 42 
          U.S.C. 7545(o)(2)(B) for year i, in gallons.
RFVRF,i= Annual volume of renewable fuel required by 42 
          U.S.C. 7545(o)(2)(B) for year i, in gallons.
Gi= Amount of gasoline projected to be used in the 48 
          contiguous states and Hawaii, in year i, in gallons.
Di= Amount of diesel projected to be used in the 48 
          contiguous states and Hawaii, in year i, in gallons.
RGi= Amount of renewable fuel blended into gasoline that is 
          projected to be consumed in the 48 contiguous states and 
          Hawaii, in year i, in gallons.
RDi= Amount of renewable fuel blended into diesel that is 
          projected to be consumed in the 48 contiguous states and 
          Hawaii, in year i, in gallons.
GSi= Amount of gasoline projected to be used in Alaska or a 
          U.S. territory, in year i, if the state or territory has 
          opted-in or opts-in, in gallons.
RGSi= Amount of renewable fuel blended into gasoline that is 
          projected to be consumed in Alaska or a U.S. territory, in 
          year i, if the state or territory opts-in, in gallons.
DSi= Amount of diesel projected to be used in Alaska or a 
          U.S. territory, in year i, if the state or territory has 
          opted-in or opts-in, in gallons.
RDSi= Amount of renewable fuel blended into diesel that is 
          projected to be consumed in Alaska or a U.S. territory, in 
          year i, if the state or territory opts-in, in gallons.
GEi = The total amount of gasoline projected to be exempt in 
          year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.
DEi = The total amount of diesel fuel projected to be exempt 
          in year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.


[[Page 25]]


    (d) The price for cellulosic biofuel waiver credits will be 
calculated in accordance with Sec.  80.1456(d) and published on EPA's 
Web site.

[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]



Sec.  80.1406  Who is an obligated party under the RFS program?

    (a)(1) An obligated party is any refiner that produces gasoline or 
diesel fuel within the 48 contiguous states or Hawaii, or any importer 
that imports gasoline or diesel fuel into the 48 contiguous states or 
Hawaii during a compliance period. A party that simply blends renewable 
fuel into gasoline or diesel fuel, as defined in Sec.  80.1407(c) or 
(e), is not an obligated party.
    (2) If the Administrator approves a petition of Alaska or a United 
States territory to opt-in to the renewable fuel program under the 
provisions in Sec.  80.1443, then ``obligated party'' shall also include 
any refiner that produces gasoline or diesel fuel within that state or 
territory, or any importer that imports gasoline or diesel fuel into 
that state or territory.
    (b) For each compliance period starting with 2010, an obligated 
party is required to demonstrate, pursuant to Sec.  80.1427, that it has 
satisfied the Renewable Volume Obligations for that compliance period, 
as specified in Sec.  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 
Sec.  80.1407. In either case, all joint owners are subject to the 
liability provisions of Sec.  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.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010]



Sec.  80.1407  How are the Renewable Volume Obligations calculated?

    (a) The Renewable Volume Obligations for an obligated party are 
determined according to the following formulas:
    (1) Cellulosic biofuel.

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

Where:

RVOCB,i = The Renewable Volume Obligation for cellulosic 
          biofuel for an obligated party for calendar year i, in 
          gallons.
RFStdCB,i = The standard for cellulosic biofuel for calendar 
          year i, determined by EPA pursuant to Sec.  80.1405, in 
          percent.
GVi = The non-renewable gasoline volume, determined in 
          accordance with paragraphs (b), (c), and (f) of this section, 
          which is produced in or imported into the 48 contiguous states 
          or Hawaii by an obligated party in calendar year i, in 
          gallons.
DVi = The non-renewable diesel volume, determined in 
          accordance with paragraphs (d), (e), and (f) of this section, 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party in calendar year i, in gallons.

[[Page 26]]

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

    (2) Biomass-based diesel.

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

Where:

RVOBBD,i = The Renewable Volume Obligation for biomass-based 
          diesel for an obligated party for calendar year i, in gallons.
RFStdBBD,i = The standard for biomass-based diesel for 
          calendar year i, determined by EPA pursuant to Sec.  80.1405, 
          in percent.
GVi = The non-renewable gasoline volume, determined in 
          accordance with paragraphs (b), (c), and (f) of this section, 
          which is produced in or imported into the 48 contiguous states 
          or Hawaii by an obligated party in calendar year i, in 
          gallons.
DVi = The non-renewable diesel volume, determined in 
          accordance with paragraphs (d), (e), and (f) of this section, 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party in calendar year i, in gallons.
DBBD,i-1 = Deficit carryover from the previous year for 
          biomass-based diesel, in gallons.

    (3) Advanced biofuel.

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

Where:

RVOAB,i = The Renewable Volume Obligation for advanced 
          biofuel for an obligated party for calendar year i, in 
          gallons.
RFStdAB,i = The standard for advanced biofuel for calendar 
          year i, determined by EPA pursuant to Sec.  80.1405, in 
          percent.
GVi = The non-renewable gasoline volume, determined in 
          accordance with paragraphs (b), (c), and (f) of this section, 
          which is produced in or imported into the 48 contiguous states 
          or Hawaii by an obligated party in calendar year i, in 
          gallons.
DVi = The non-renewable diesel volume, determined in 
          accordance with paragraphs (d), (e), and (f) of this section, 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party in calendar year i, in gallons.
DAB,i-1 = Deficit carryover from the previous year for 
          advanced biofuel, in gallons.

    (4) Renewable fuel.

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

Where:

RVORF,i = The Renewable Volume Obligation for renewable fuel 
          for an obligated party for calendar year i, in gallons.
RFStdRF,i = The standard for renewable fuel for calendar year 
          i, determined by EPA pursuant to Sec.  80.1405, in percent.
GVi = The non-renewable gasoline volume, determined in 
          accordance with paragraphs (b), (c), and (f) of this section, 
          which is produced in or imported into the 48 contiguous states 
          or Hawaii by an obligated party in calendar year i, in 
          gallons.
DVi = The non-renewable diesel volume, determined in 
          accordance with paragraphs (d), (e), and (f) of this section, 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party in calendar year i, in gallons.
DRF,i-1 = Deficit carryover from the previous year for 
          renewable fuel, in gallons.

    (b) The non-renewable gasoline volume, GVi, for an 
obligated party for a given year as specified in paragraph (a) of this 
section is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR26MR10.430

Where:

x = Individual batch of gasoline produced or imported in calendar year 
          i.
n = Total number of batches of gasoline produced or imported in calendar 
          year i.
GX = Volume of batch x of gasoline produced or imported, as 
          defined in paragraph (c) of this section, in gallons.
y = Individual batch of renewable fuel blended into gasoline in calendar 
          year i.
m = Total number of batches of renewable fuel blended into gasoline in 
          calendar year i.
RBGy = Volume of batch y of renewable fuel blended into 
          gasoline, in gallons.

    (c) Except as specified in paragraph (f) of this section, all of the 
following products that are produced or imported during a compliance 
period, collectively called ``gasoline'' for the purposes of this 
section (unless otherwise

[[Page 27]]

specified), are to be included (but not double-counted) in the volume 
used to calculate a party's Renewable Volume Obligations under paragraph 
(a) of this section, except as provided in paragraph (f) of this 
section:
    (1) Reformulated gasoline, whether or not renewable fuel is later 
added to it.
    (2) Conventional gasoline, whether or not renewable fuel is later 
added to it.
    (3) Reformulated gasoline blendstock that becomes finished 
reformulated gasoline upon the addition of oxygenate (RBOB).
    (4) Conventional gasoline blendstock that becomes finished 
conventional gasoline upon the addition of oxygenate (CBOB).
    (5) Blendstock (including butane, pentane, and gasoline treated as 
blendstock (GTAB)) that has been combined with other blendstock and/or 
finished gasoline to produce gasoline.
    (6) Any gasoline, or any unfinished gasoline that becomes finished 
gasoline upon the addition of oxygenate, that is produced or imported to 
comply with a state or local fuels program.
    (d) The diesel non-renewable volume, DVi, for an 
obligated party for a given year as specified in paragraph (a) of this 
section is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR26MR10.431

Where:

x = Individual batch of diesel produced or imported in calendar year i.
n = Total number of batches of diesel produced or imported in calendar 
          year i.
DX = Volume of batch x of diesel produced or imported, as 
          defined in paragraph (e) of this section, in gallons.
y = Individual batch of renewable fuel blended into diesel in calendar 
          year i.
m = Total number of batches of renewable fuel blended into diesel in 
          calendar year i.
RBDy = Volume of batch y of renewable fuel blended into 
          diesel, in gallons.

    (e) Except as specified in paragraph (f) of this section, all 
products meeting the definition of MVNRLM diesel fuel at Sec.  80.2 that 
are produced or imported during a compliance period, collectively called 
``diesel fuel'' for the purposes of this section (unless otherwise 
specified), are to be included (but not double-counted) in the volume 
used to calculate a party's Renewable Volume Obligations under paragraph 
(a) of this section.
    (f) The following products are not included in the volume of 
gasoline or diesel fuel produced or imported used to calculate a party's 
Renewable Volume Obligations according to paragraph (a) of this section:
    (1) Any renewable fuel. Renewable fuel for which a RIN is invalidly 
generated under Sec.  80.1431 may not be excluded from a party's 
renewable volume obligations.
    (2) Blendstock that has not been combined with other blendstock, 
finished gasoline, or diesel to produce gasoline or diesel.
    (3) Gasoline or diesel fuel produced or imported for use in Alaska, 
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American 
Samoa, and the Commonwealth of the Northern Marianas, unless the area 
has opted into the RFS program under Sec.  80.1443.
    (4) Gasoline or diesel fuel produced by a small refinery that has an 
exemption under Sec.  80.1441 or an approved small refiner that has an 
exemption under Sec.  80.1442.
    (5) Gasoline or diesel fuel exported for use outside the 48 United 
States and Hawaii, and gasoline or diesel fuel exported for use outside 
Alaska, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Marianas, if the 
area has opted into the RFS program under Sec.  80.1443.
    (6) For blenders, the volume of finished gasoline, finished diesel 
fuel, RBOB, or CBOB to which a blender adds blendstocks.
    (7) Transmix gasoline product (as defined in 40 CFR 1090.80) and 
transmix distillate product (as defined in 40 CFR 1090.80) produced by a 
transmix processor, and transmix blended into gasoline or diesel fuel by 
a transmix blender under 40 CFR 1090.500.
    (8) Any gasoline or diesel fuel that is not transportation fuel.
    (9) Distillate fuel with a sulfur content greater than 15 ppm that 
is clearly designated for a use other than transportation fuel, such as 
heating oil or ECA marine fuel.

[[Page 28]]

    (10) Distillate fuel that meets a 15 ppm sulfur standard, is 
designated for non-transportation use, and that remains completely 
segregated from MVNRLM diesel fuel from the point of production through 
to the point of use for a non-transportation purpose, such as heating 
oil or ECA marine fuel.
    (11) Certified NTDF, if the refiner or importer has a reasonable 
expectation that the fuel will be used for non-transportation purposes. 
To establish a reasonable expectation that the fuel will be used for 
non-transportation purposes, a refiner or importer must, at a minimum, 
be able to demonstrate that they supply areas that use heating oil, ECA 
marine fuel, or 15 ppm distillate fuel for non-transportation purposes 
in quantities that are consistent with past practices or changed 
circumstances. EPA may consider any other relevant information, 
including the price of the fuel, in assessing whether a refiner or 
importer has a reasonable expectation that the fuel will be used for 
non-transportation purposes.

[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]



Sec.  80.1408  What are the requirements for parties that own and 
redesignate certified NTDF as MVNRLM diesel fuel?

    (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 Sec.  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:

MVNRLMBAL = MVNRLMO + MVNRLMINVCHG-
MVNRLMI

Where:

MVNRLMBAL = the balance for MVNRLM diesel fuel for the 
          compliance period.
MVNRLMI = 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.
MVNRLMO = 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.
MVNRLMINVCHG = 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.

    (i) If MVNRLMBAL is greater than 0, an RVO is incurred by 
the redesignating party for the volume of diesel fuel equal to MVNRLM. 
The redesignating party must also comply with all of the following:
    (A) The reporting requirements of Sec.  80.1451(a)(1)(xix).
    (B) The recordkeeping requirements of Sec.  80.1454(o).
    (C) The attest engagement requirements of Sec. Sec.  80.1464 and 
80.1475, as applicable.
    (ii) If MVNRLMBAL is less than or equal to 0, no RVO is 
incurred by the redesignating party for any redesignated certified NTDF. 
These parties must comply with all of the following:
    (A) The reporting requirements of Sec.  80.1451(i).
    (B) The recordkeeping requirements of Sec.  80.1454(o).
    (b) Parties that incur an RVO under paragraph (a)(2)(i) of this 
section must comply with all applicable requirements for obligated 
parties under this subpart.
    (c) The provisions of this section do not apply to gasoline or 
diesel fuel that is designated for export.

[85 FR 7074, Feb. 6, 2020, as amended at 87 FR 39661, July 1, 2022]

[[Page 29]]



Sec. Sec.  80.1409-80.1414  [Reserved]



Sec.  80.1415  How are equivalence values assigned to renewable fuel?

    (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 Sec.  80.1426.
    (b) Equivalence values shall be assigned for certain renewable fuels 
as follows:
    (1) Ethanol which is denatured shall have an equivalence value of 
1.0.
    (2) Biodiesel (mono-alkyl ester) shall have an equivalence value of 
1.5.
    (3) Butanol shall have an equivalence value of 1.3.
    (4) Non-ester renewable diesel with a lower heating value of at 
least 123,500 Btu/gal shall have an equivalence value of 1.7.
    (5) 77,000 Btu (lower heating value) of compressed natural gas (CNG) 
or liquefied natural gas (LNG) shall represent one gallon of renewable 
fuel with an equivalence value of 1.0.
    (6) 22.6 kW-hr 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 shall 
submit an application to the Agency for an equivalence value following 
the provisions of paragraph (c) of this section. A producer or importer 
may also submit an application for an alternative equivalence value 
pursuant to paragraph (c) if the renewable fuel is listed in this 
paragraph (b), but the producer or importer has reason to believe that a 
different equivalence value than that listed in this paragraph (b) is 
warranted.
    (c) Calculation of new equivalence values. (1) The equivalence value 
for renewable fuels described in paragraph (b)(7) of this section shall 
be calculated using the following formula:

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

Where:

EV = Equivalence Value for the renewable fuel, rounded to the nearest 
          tenth.
R = Renewable content of the renewable fuel. This is a measure of the 
          portion of a renewable fuel that came from renewable biomass, 
          expressed as a fraction, on an energy basis.
EC = Energy content of the renewable fuel, in Btu per gallon (lower 
          heating value).

    (2) The application for an equivalence value shall include a 
technical justification that includes all the following:
    (i) A calculation for the requested equivalence value according to 
the equation in paragraph (c)(1) of this section, including supporting 
documentation for the value of EC used in the calculation such as a 
certificate of analysis from a laboratory that verifies the lower 
heating value in Btu per gallon of the renewable fuel produced.
    (ii) For each feedstock, biointermediate, component, or additive 
that is used to make the renewable fuel, provide a description, the 
percent input, and identify whether or not it is renewable biomass or is 
derived from renewable biomass.
    (iii) For each feedstock or biointermediate that also qualifies as a 
renewable fuel, state whether or not RINs have been previously generated 
for such feedstock.
    (iv) A description of the renewable fuel and the production process, 
including a block diagram that shows all inputs and outputs at each step 
of the production process with a sample quantity of all inputs and 
outputs for one batch of renewable fuel produced.
    (3) The Agency will review the technical justification and assign an 
appropriate equivalence value to the renewable fuel based on the 
procedure in this paragraph (c).
    (4) Applications for equivalence values must be sent to the 
attention of ``RFS2 Program (Equivalence Value Application)'' to the 
address in Sec.  80.10(a).
    (5) All applications required under this section shall be submitted 
on forms and following procedures prescribed by the Administrator.

[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]

[[Page 30]]



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

    (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 Sec.  80.1426(f).
    (2) The renewable fuel pathway has been determined by EPA not to 
qualify for a D code pursuant to Sec.  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 Sec.  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) The Administrator 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 requirements in paragraph (b)(1) of this section:
    (i) Type of feedstock and description of how it meets the definition 
of renewable biomass.
    (ii) Market value of the feedstock.
    (iii) List of other uses for the feedstock.
    (iv) List of chemical inputs needed to produce the renewable biomass 
source of the feedstock and prepare the renewable biomass for processing 
into feedstock.
    (v) Identify energy needed to obtain the feedstock and deliver it to 
the facility. If applicable, identify energy needed to plant and harvest 
the renewable biomass source of the feedstock and modify the source to 
create the feedstock.
    (vi) Current and projected quantities of the feedstock that will be 
used to produce the fuel, including information on current and projected 
yields for feedstocks that are harvested or collected.
    (vii) The Administrator may ask for additional information to 
complete the lifecycle Greenhouse Gas assessment of the new fuel or 
pathway.
    (c)(1) A company may only submit one petition per pathway. If EPA 
determines the petition to be incomplete, then the company may resubmit.
    (2) The petition must be signed and certified as meeting all the 
applicable requirements of this subpart by the responsible corporate 
officer of the applicant company.
    (3) If EPA determines that the petition is incomplete then EPA will 
notify the applicant in writing that the petition is incomplete and will 
not be reviewed further. However, an amended petition that corrects the 
omission may be re-submitted for EPA review.
    (4) If the fuel or pathway described in the petition does not meet 
the definitions in Sec.  80.1401 of renewable fuel, advanced biofuel, 
cellulosic biofuel, or biomass-based diesel, then EPA will notify the 
applicant in writing that the

[[Page 31]]

petition is denied and will not be reviewed further.
    (d) A D code must be approved prior to the generation of RINs for 
the fuel in question. During petition review EPA will evaluate whether a 
feedstock meets the 75% cellulosic content threshold allowing cellulosic 
RINs to be generated for the entire fuel volume produced. The 
Administrator may ask for additional information to complete this 
evaluation.
    (e) The petition under this section shall be submitted on forms and 
following procedures as prescribed by 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]



Sec. Sec.  80.1417-80.1424  [Reserved]



Sec.  80.1425  Renewable Identification Numbers (RINs).

    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 Sec.  
80.1452(b). For RINs generated prior to July 1, 2010, each RIN is a 38-
digit code of the following form:

                         KYYYYCCCCFFFFFBBBBBRRD

                            SSSSSSSSEEEEEEEE

    (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 Sec.  80.1426(e) and Sec.  80.1428(a).
    (2) K has the value of 2 when the RIN has been separated from a 
volume of renewable fuel pursuant to Sec.  80.1429.
    (b) YYYY is the calendar year in which the RIN was generated.
    (c) CCCC is the registration number assigned, according to Sec.  
80.1450, to the producer or importer of the batch of renewable fuel.
    (d) FFFFF is the registration number assigned, according to Sec.  
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 Sec.  80.1415.
    (g) D is a number determined according to Sec.  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.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 79977, Dec. 21, 2010]



Sec.  80.1426  How are RINs generated and assigned to batches of renewable
fuel?

    (a) General requirements. (1) To the extent permitted under 
paragraphs (b) and (c) of this section, producers and importers of 
renewable fuel must generate RINs to represent that fuel if all of the 
following occur:
    (i) The fuel qualifies for a D code pursuant to Sec.  80.1426(f), or 
the EPA has approved a petition for use of a D code pursuant to Sec.  
80.1416.
    (ii) The fuel is demonstrated to be produced from renewable biomass 
pursuant to the reporting requirements of Sec.  80.1451 and the 
recordkeeping requirements of Sec.  80.1454.
    (A) Feedstocks meeting the requirements of renewable biomass through 
the aggregate compliance provision at Sec.  80.1454(g) are deemed to be 
renewable biomass.
    (B) [Reserved]
    (iii) The fuel was produced in compliance with the registration 
requirements of Sec.  80.1450, the reporting requirements of Sec.  
80.1451, the recordkeeping requirements of Sec.  80.1454, all

[[Page 32]]

conditions set forth in an approval document for a pathway petition 
submitted under Sec.  80.1416, and all other applicable regulations of 
this subpart M.
    (iv) The renewable fuel is designated on a product transfer document 
(PTD) for use as transportation fuel, heating oil, or jet fuel in 
accordance with Sec.  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 Sec.  
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 Sec.  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 biomass, RINs may only be 
generated for the portion of fuel that is derived from renewable 
biomass, as calculated under paragraph (f)(4) of this section.
    (b) Regional applicability. (1) Except as provided in paragraph (c) 
of this section, a RIN must be generated by a renewable fuel producer or 
importer for a batch of renewable fuel that satisfies the requirements 
of paragraph (a)(1) of this section if it is produced or imported for 
use as transportation fuel, heating oil, or jet fuel in the 48 
contiguous states or Hawaii.
    (2) If the Administrator approves a petition of Alaska or a United 
States territory to opt-in to the renewable fuel program under the 
provisions in Sec.  80.1443, then the requirements of paragraph (b)(1) 
of this section shall also apply to renewable fuel produced or imported 
for use as transportation fuel, heating oil, or jet fuel in that state 
or territory beginning in the next calendar year.
    (c) Cases in which RINs are not generated.(1) Fuel producers and 
importers may not generate RINs for fuel that does not satisfy the 
requirements of paragraph (a)(1) of this section.
    (2) Pursuant to Sec.  80.1455(a) and (b), renewable fuel producers 
that produce less than 10,000 gallons a year of renewable fuel, and 
importers that import less than 10,000 gallons a year of renewable fuel, 
are not required to generate and assign RINs to batches of renewable 
fuel that satisfy the requirements of paragraph (a)(1) of this section 
that they produce or import.
    (3) Pursuant to Sec.  80.1455(c) and (d), new renewable fuel 
producers that produce less than 125,000 gallons of renewable fuel a 
year are not required to generate and assign RINs to batches of 
renewable fuel to satisfy the requirements of paragraph (a)(1) of this 
section.
    (i) The provisions of this paragraph (c)(3) apply only to new 
facilities, for a maximum of three years beginning with the calendar 
year in which the production facility produces its first gallon of 
renewable fuel.
    (ii) [Reserved]
    (4) Importers shall not generate RINs for renewable fuel imported 
from a non-RIN-generating foreign renewable fuel producer unless the 
foreign renewable fuel producer is registered with EPA as required in 
Sec.  80.1450.
    (5) Importers shall not generate RINs for renewable fuel that has 
already been assigned RINs by a RIN-generating foreign renewable fuel 
producer.
    (6) A party is prohibited from generating RINs for a volume of fuel 
that it produces if the fuel has been produced by a process that uses a 
renewable fuel as a feedstock, and the renewable fuel that is used as a 
feedstock was produced by another party, except that RINs may be 
generated for such fuel if allowed by the EPA in response to a petition 
submitted pursuant to Sec.  80.1416 and the petition approval specifies 
a mechanism to prevent double counting of RINs.
    (7) For renewable fuel oil that is heating oil as defined in 
paragraph (2) of the definition of heating oil in Sec.  80.1401, 
renewable fuel producers and importers shall not generate RINs unless 
they have received affidavits from the final end user or users of the 
fuel oil as specified in Sec.  80.1451(b)(1)(ii)(T)(2).

[[Page 33]]

    (8) RINs must not be generated for a biointermediate.
    (d)(1) Definition of batch. For the purposes of this section and 
Sec.  80.1425, a ``batch of renewable fuel'' is a volume of renewable 
fuel that has been assigned a unique identifier within a calendar year 
by the producer or importer of the renewable fuel in accordance with the 
provisions of this section and Sec.  80.1425.
    (i) The number of gallon-RINs generated for a batch of renewable 
fuel may not exceed 99,999,999.
    (ii) A batch of renewable fuel cannot represent renewable fuel 
produced or imported in excess of one calendar month.
    (2) Multiple gallon-RINs generated to represent a given volume of 
renewable fuel can be represented by a single batch-RIN through the 
appropriate designation of the RIN volume codes SSSSSSSS and EEEEEEEE.
    (i) The value of SSSSSSSS in the batch-RIN shall be 00000001 to 
represent the first gallon-RIN associated with the volume of renewable 
fuel.
    (ii) The value of EEEEEEEE in the batch-RIN shall represent the last 
gallon-RIN associated with the volume of renewable fuel, based on the 
RIN volume VRIN determined pursuant to paragraph (f) of this 
section.
    (iii) Under Sec.  80.1452, RIN volumes will be managed by EMTS. RIN 
codes SSSSSSSS and EEEEEEEE do not have a role in EMTS.
    (e) Assignment of RINs to batches. (1) Except as provided in 
paragraph (g) of this section for delayed RINs, the producer or importer 
of renewable fuel must assign all RINs generated to volumes of renewable 
fuel.
    (2) A RIN is assigned to a volume of renewable fuel when ownership 
of the RIN is transferred along with the transfer of ownership of the 
volume of renewable fuel, pursuant to Sec.  80.1428(a).
    (3) All assigned RINs shall have a K code value of 1.
    (f) Generation of RINs--(1) Applicable pathways. (i) D codes shall 
be used in RINs generated by producers or importers of renewable fuel 
according to the pathways listed in Table 1 to this section, paragraph 
(f)(6) of this section, or as approved by the Administrator.
    (ii) In choosing an appropriate D code, producers and importers may 
disregard any incidental, de minimis feedstock contaminants that are 
impractical to remove and are related to customary feedstock production 
and transport.
    (iii) Tables 1 and 2 to this section do not apply to, and impose no 
requirements with respect to, volumes of fuel for which RINs are 
generated pursuant to paragraph (f)(6) of this section.
    (iv) Pathways in Table 1 to this section and advanced technologies 
in Table 2 to this section also apply in cases where the renewable fuel 
producer is using a biointermediate.
    (v) For the purposes of identifying the appropriate pathway in Table 
1 to this section, biointermediates used for the production of renewable 
fuel are considered to be equivalent to the renewable biomass from which 
they were derived, with the following exceptions:
    (A) Oil that is physically separated from any woody or herbaceous 
biomass and used to produce renewable fuel shall not generate D-code 3 
or 7 RINs.
    (B) Sugar or starch that is physically separated from cellulosic 
biomass and used to produce renewable fuel shall not generate D-code 3 
or 7 RINs.
    (vi) If a renewable fuel producer uses a biointermediate for the 
production of renewable fuel, additional requirements apply to both the 
renewable fuel producer and the biointermediate producer as described in 
Sec.  80.1476.

         Table 1 to Sec.   80.1426--Applicable D Codes for Each Fuel Pathway for Use in Generating RINs
----------------------------------------------------------------------------------------------------------------
                                                                           Production process
                 Fuel type                     Feedstock                      requirements              D-Code
----------------------------------------------------------------------------------------------------------------
     A  Ethanol...................  Corn starch....................  All of the following: Dry mill            6
                                                                      process, using natural gas,
                                                                      biomass, or biogas for
                                                                      process energy and at least
                                                                      two advanced technologies
                                                                      from Table 2 to this section.

[[Page 34]]

 
     B  Ethanol...................  Corn starch....................  All of the following: Dry mill            6
                                                                      process, using natural gas,
                                                                      biomass, or biogas for
                                                                      process energy and at least
                                                                      one of the advanced
                                                                      technologies from Table 2 to
                                                                      this section plus drying no
                                                                      more than 65% of the
                                                                      distillers grains with
                                                                      solubles it markets annually.
     C  Ethanol...................  Corn starch....................  All of the following: Dry mill            6
                                                                      process, using natural gas,
                                                                      biomass, or biogas for
                                                                      process energy and drying no
                                                                      more than 50% of the
                                                                      distillers grains with
                                                                      solubles it markets annually.
     D  Ethanol...................  Corn starch....................  Wet mill process using biomass            6
                                                                      or biogas for process energy.
     E  Ethanol...................  Starches from crop residue and   Fermentation using natural                6
                                     annual covercrops.               gas, biomass, or biogas for
                                                                      process energy.
     F  Biodiesel, renewable        Soy bean oil; Oil from annual    One of the following:                     4
         diesel, jet fuel and        covercrops; Oil from algae       Transesterification with or
         heating oil.                grown photosynthetically;        without esterification pre-
                                     Biogenic waste oils/fats/        treatment, Esterification, or
                                     greases; Camelina sativa oil;    Hydrotreating; excludes
                                     Distillers corn oil;             processes that co-process
                                     Distillers sorghum oil;          renewable biomass and
                                     Commingled distillers corn oil   petroleum.
                                     and sorghum oil.
     G  Biodiesel, renewable        Canola/Rapeseed oil............  One of the following:                     4
         diesel, jet fuel, and                                        Transesterification using
         heating oil.                                                 natural gas or biomass for
                                                                      process energy, or
                                                                      Hydrotreating; excludes
                                                                      processes that co-process
                                                                      renewable biomass and
                                                                      petroleum.
     H  Biodiesel, renewable        Soy bean oil; Oil from annual    One of the following:                     5
         diesel, jet fuel, and       covercrops; Oil from algae       Transesterification with or
         heating oil.                grown photosynthetically;        without esterification pre-
                                     Biogenic waste oils/fats/        treatment, Esterification, or
                                     greases; Camelina sativa oil;    Hydrotreating; includes only
                                     Distillers corn oil;             processes that co-process
                                     Distillers sorghum oil;          renewable biomass and
                                     Commingled distillers corn oil   petroleum.
                                     and sorghum oil; Canola/
                                     Rapeseed oil.
     I  Naphtha, LPG..............  Camelina sativa oil; Distillers  Hydrotreating.................            5
                                     sorghum oil; Distillers corn
                                     oil; Commingled distillers
                                     corn oil and distillers
                                     sorghum oil; Canola/Rapeseed
                                     oil.
     J  Ethanol...................  Sugarcane......................  Fermentation..................            5
     K  Ethanol...................  Crop residue, slash, pre-        Any process that converts                 3
                                     commercial thinnings and tree    cellulosic biomass to fuel.
                                     residue, switchgrass,
                                     miscanthus, energy cane,
                                     Arundo donax, Pennisetum
                                     purpureum, and separated yard
                                     waste; biogenic components of
                                     separated MSW; cellulosic
                                     components of separated food
                                     waste; and cellulosic
                                     components of annual cover
                                     crops.
     L  Cellulosic diesel, jet      Crop residue, slash, pre-        Any process that converts                 7
         fuel and heating oil.       commercial thinnings and tree    cellulosic biomass to fuel.
                                     residue, switchgrass,
                                     miscanthus, energy cane,
                                     Arundo donax, Pennisetum
                                     purpureum, and separated yard
                                     waste; biogenic components of
                                     separated MSW; cellulosic
                                     components of separated food
                                     waste; and cellulosic
                                     components of annual cover
                                     crops.

[[Page 35]]

 
     M  Renewable Gasoline and      Crop residue, slash, pre-        Catalytic Pyrolysis and                   3
         Renewable Gasoline          commercial thinnings, tree       Upgrading, Gasification and
         Blendstock; Co-Processed    residue, and separated yard      Upgrading, Thermo-Catalytic
         Cellulosic Diesel, Jet      waste; biogenic components of    Hydrodeoxygenation and
         Fuel, and Heating Oil.      separated MSW; cellulosic        Upgrading, Direct Biological
                                     components of separated food     Conversion, Biological
                                     waste; and cellulosic            Conversion and Upgrading
                                     components of annual cover       utilizing natural gas,
                                     crops.                           biogas, and/or biomass as the
                                                                      only process energy sources
                                                                      providing that process used
                                                                      converts cellulosic biomass
                                                                      to fuel; any process
                                                                      utilizing biogas and/or
                                                                      biomass as the only process
                                                                      energy sources which converts
                                                                      cellulosic biomass to fuel.
     N  Naphtha...................  Switchgrass, miscanthus, energy  Gasification and upgrading                3
                                     cane, Arundo donax, and          processes that converts
                                     Pennisetum purpureum.            cellulosic biomass to fuel.
     O  Butanol...................  Corn starch....................  Fermentation; dry mill using              6
                                                                      natural gas, biomass, or
                                                                      biogas for process energy.
     P  Ethanol, renewable diesel,  The non-cellulosic portions of   Any...........................            5
         jet fuel, heating oil,      separated food waste and non-
         and naphtha.                cellulosic components of
                                     annual cover crops.
     Q  Renewable Compressed        Biogas from landfills,           Any...........................            3
         Natural Gas, Renewable      municipal wastewater treatment
         Liquefied Natural Gas,      facility digesters,
         Renewable Electricity.      agricultural digesters, and
                                     separated MSW digesters; and
                                     biogas from the cellulosic
                                     components of biomass
                                     processed in other waste
                                     digesters.
     R  Ethanol...................  Grain Sorghum..................  Dry mill process using biogas             6
                                                                      from landfills, waste
                                                                      treatment plants, and/or
                                                                      waste digesters, and/or
                                                                      natural gas, for process
                                                                      energy.
     S  Ethanol...................  Grain Sorghum..................  Dry mill process, using only              5
                                                                      biogas from landfills, waste
                                                                      treatment plants, and/or
                                                                      waste digesters for process
                                                                      energy and for on-site
                                                                      production of all electricity
                                                                      used at the site other than
                                                                      up to 0.15 kWh of electricity
                                                                      from the grid per gallon of
                                                                      ethanol produced, calculated
                                                                      on a per batch basis.
     T  Renewable Compressed        Biogas from waste digesters....  Any...........................            5
         Natural Gas, Renewable
         Liquefied Natural Gas,
         and Renewable Electricity.
----------------------------------------------------------------------------------------------------------------


            Table 2 to Sec.   80.1426--Advanced Technologies
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Corn oil fractionation that is applied to at least 90% of the corn used
 to produce ethanol on a calendar year basis.
Corn oil extraction that is applied to the whole stillage and/or
 derivatives of whole stillage and results in recovery of corn oil at an
 annual average rate equal to or greater than 1.33 pounds oil per bushel
 of corn processed into ethanol.
Membrane separation in which at least 90% of ethanol dehydration is
 carried out using a hydrophilic membrane on a calendar year basis.
Raw starch hydrolysis that is used for at least 90% of starch hydrolysis
 used to produce ethanol instead of hydrolysis using a traditional high
 heat cooking process, calculated on a calendar year basis.

[[Page 36]]

 
Combined heat and power such that, on a calendar year basis, at least
 90% of the thermal energy associated with ethanol production (including
 thermal energy produced at the facility and that which is derived from
 an off-site waste heat supplier), exclusive of any thermal energy used
 for the drying of distillers grains and solubles, is used to produce
 electricity prior to being used to meet the process heat requirements
 of the facility.
------------------------------------------------------------------------

    (2) Renewable fuel that can be described by a single pathway. (i) 
The number of gallon-RINs that shall be generated for a batch of 
renewable fuel by a producer or importer for renewable fuel that can be 
described by a single pathway shall be equal to a volume calculated 
according to the following formula:

VRIN = EV * Vs

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.

    (ii) The D code that shall be used in the RINs generated shall be 
the D code specified in Table 1 to this section, or a D code as approved 
by the Administrator, which corresponds to the pathway that describes 
the producer's operations.
    (3) Renewable fuel that can be described by two or more pathways. 
(i) The D codes that shall be used in the RINs generated by a producer 
or importer whose renewable fuel can be described by two or more 
pathways shall be the D codes specified in Table 1 to this section, or D 
codes as approved by the Administrator, which correspond to the pathways 
that describe the renewable fuel throughout that calendar year.
    (ii) If all the pathways describing the producer's operations have 
the same D code and each batch is of a single fuel type, then that D 
code shall be used in all the RINs generated and the number of gallon-
RINs that shall be generated for a batch of renewable fuel shall be 
equal to a volume calculated according to the following formula:

VRIN = EV * Vs

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.

    (iii) If all the pathways describing the producer's operations have 
the same D code but individual batches are comprised of a mixture of 
fuel types with different equivalence values, then that D code shall be 
used in all the RINs generated and the number of gallon-RINs that shall 
be generated for a batch of renewable fuel shall be equal to a volume 
calculated according to the following formula:

VRIN = [Sigma](EVi * Vs,i)

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EVi = Equivalence value for fuel type i in the batch of 
          renewable fuel per Sec.  80.1415.
    Vs,i = Standardized volume of fuel type i in the batch of 
renewable fuel at 60 [deg]F, in gallons, calculated in accordance with 
paragraph (f)(8) of this section.

    (iv) If the pathway applicable to a producer changes on a specific 
date, such that one pathway applies before the date and another pathway 
applies on and after the date, and each batch is of a single fuel type, 
then the applicable D code and batch identifier used in generating RINs 
must change on the date that the change in pathway occurs and the number 
of gallon-RINs that shall be generated for a batch of renewable fuel 
shall be equal to a volume calculated according to the following 
formula:

VRIN = EV * Vs

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch with 
          a single applicable D code.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.

[[Page 37]]

Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.

    (v) If a producer produces batches that are comprised of a mixture 
of fuel types with different equivalence values and different applicable 
D codes, then separate values for VRIN shall be calculated 
for each category of renewable fuel according to formulas in Table 3 to 
this section. All batch-RINs thus generated shall be assigned to unique 
batch identifiers for each portion of the batch with a different D code.

Table 3 to Sec.   80.1426--Number of Gallon-RINs To assign to Batch-RINs
                   With D codes dependent on Fuel Type
------------------------------------------------------------------------
   D code to use in batch-RIN             Number of gallon-RINs
------------------------------------------------------------------------
D = 3..........................  VRIN, CB = EVCB * Vs, CB
D = 4..........................  VRIN, BBD = EVBBD * Vs, BBD
D = 5..........................  VRIN, AB = EVAB * Vs, AB
D = 6..........................  VRIN, RF = EVRF * Vs, RF
D = 7..........................  VRIN, CD = EVCD * Vs, CD
------------------------------------------------------------------------

Where:

VRIN,CB = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the 
          cellulosic biofuel portion of the batch with a D code of 3.
VRIN,BBD = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the biomass-
          based diesel portion of the batch with a D code of 4.
VRIN,AB = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the advanced 
          biofuel portion of the batch with a D code of 5.
VRIN,RF = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the 
          renewable fuel portion of the batch with a D code of 6.
VRIN,CD = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the 
          cellulosic diesel portion of the batch with a D code of 7.
EVCB = Equivalence value for the cellulosic biofuel portion 
          of the batch per Sec.  80.1415.
EVBBD = Equivalence value for the biomass-based diesel 
          portion of the batch per Sec.  80.1415.
EVAB = Equivalence value for the advanced biofuel portion of 
          the batch per Sec.  80.1415.
EVRF = Equivalence value for the renewable fuel portion of 
          the batch per Sec.  80.1415.
EVCD = Equivalence value for the cellulosic diesel portion of 
          the batch per Sec.  80.1415.
Vs,CB = Standardized volume at 60 [deg]F of the portion of 
          the batch that must be assigned a D code of 3, in gallons, 
          calculated in accordance with paragraph (f)(8) of this 
          section.
Vs,BBD = Standardized volume at 60 [deg]F of the portion of 
          the batch that must be assigned a D code of 4, in gallons, 
          calculated in accordance with paragraph (f)(8) of this 
          section.
Vs,AB = Standardized volume at 60 [deg]F of the portion of 
          the batch that must be assigned a D code of 5, in gallons, 
          calculated in accordance with paragraph (f)(8) of this 
          section.
Vs,RF = Standardized volume at 60 [deg]F of the portion of 
          the batch that must be assigned a D code of 6, in gallons, 
          calculated in accordance with paragraph (f)(8) of this 
          section.
Vs,CD = Standardized volume at 60 [deg]F of the portion of 
          the batch that must be assigned a D code of 7, in gallons, 
          calculated in accordance with paragraph (f)(8) of this 
          section.

    (vi)(A) If a producer produces a single type of renewable fuel using 
two or more different feedstocks or biointermediates which are processed 
simultaneously, and each batch is comprised of a single type of fuel, 
then the number of gallon-RINs that shall be generated for a batch of 
renewable fuel and assigned a particular D code shall be determined 
according to the formulas in Table 4 to this section.

[[Page 38]]

[GRAPHIC] [TIFF OMITTED] TR01JY22.000

Where:

VRIN,CB = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch of 
          cellulosic biofuel with a D code of 3.
VRIN,BBD = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch of 
          biomass-based diesel with a D code of 4.
VRIN,AB = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch of 
          advanced biofuel with a D code of 5.
VRIN,RF = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch of 
          renewable fuel with a D code of 6.
VRIN,CD = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for a batch of 
          cellulosic diesel with a D code of 7.
EV = Equivalence value for the renewable fuel per Sec.  80.1415.
VS = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.
FE3 = Feedstock energy from all feedstocks or 
          biointermediates whose pathways have been assigned a D code of 
          3 under an approved pathway, in Btu.
FE4 = Feedstock energy from all feedstocks or 
          biointermediates whose pathways have been assigned a D code of 
          4 under an approved pathway, in Btu.
FE5 = Feedstock energy from all feedstocks or 
          biointermediates whose pathways have been assigned a D code of 
          5 under an approved pathway, in Btu.
FE6 = Feedstock energy from all feedstocks or 
          biointermediates whose pathways have been assigned a D code of 
          6 under an approved pathway, in Btu.
FE7 = Feedstock energy from all feedstocks or 
          biointermediates whose pathways have been assigned a D code of 
          7 under an approved pathway, in Btu.

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

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

Where:

FE = Feedstock or biointermediate energy, in Btu.
M = Mass of feedstock or biointermediate, in pounds, measured on a daily 
          or per-batch basis.
m = Average moisture content of the feedstock or biointermediate, in 
          mass percent.
CF = Converted Fraction in annual average mass percent, except as 
          otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing

[[Page 39]]

          that portion of the feedstock or biointermediate that is 
          converted into renewable fuel by the producer.
E = Energy content of the components of the feedstock or biointermediate 
          that are converted to renewable fuel, in annual average Btu/
          lb, determined according to paragraph (f)(7) of this section.

    (4) Renewable fuel that is produced by co-processing renewable 
biomass (including a biointermediate) and non-renewable feedstocks 
simultaneously to produce a fuel that is partially renewable. (i) The 
number of gallon-RINs that shall be generated for a batch of partially 
renewable fuel shall be equal to a volume VRIN calculated 
according to Method A or Method B.
    (A) Method A. (1) VRIN shall be calculated according to 
the following formula:

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

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415, subject to qualification in paragraph (f)(4)(iii) of 
          this section.
Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.
FER = Feedstock energy from renewable biomass (including the 
          renewable portion of a biointermediate) used to make the 
          transportation fuel, in Btu.
FENR = Feedstock energy from non-renewable feedstocks 
          (including the non-renewable portion of a biointermediate) 
          used to make the transportation fuel, heating oil, or jet 
          fuel, in Btu.

    (2) The value of FE for use in paragraph (f)(4)(i)(A)(1) of this 
section shall be calculated from the following formula:

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

Where:

FE = Feedstock energy, in Btu.
M = Mass of feedstock, in pounds, measured on a daily or per-batch 
          basis.
m = Average moisture content of the feedstock, in mass percent.
CF = Converted Fraction in annual average mass percent, except as 
          otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing 
          that portion of the feedstock that is converted into 
          transportation fuel, heating oil, or jet fuel by the producer.
E = Energy content of the components of the feedstock that are converted 
          to fuel, in annual average Btu/lb, determined according to 
          paragraph (f)(7) of this section.

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

VRIN = EV * Vs * R

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415, subject to qualification in paragraph (f)(4)(iii) of 
          this section.
Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.
R = The renewable fraction of the fuel as measured by a carbon-14 dating 
          test method as provided in paragraph (f)(9) of this section.

    (ii) The D code that shall be used in the RINs generated to 
represent partially renewable transportation fuel, heating oil, or jet 
fuel shall be the D code specified in Table 1 to this section, or a D 
code as approved by the Administrator, which corresponds to the pathway 
that describes a producer's operations. In determining the appropriate 
pathway, the contribution of non-renewable feedstocks to the production 
of partially renewable fuel shall be ignored.
    (iii) In determining the RIN volume VRIN according to 
paragraph (f)(4)(i)(A) or (f)(4)(i)(B) of this section, the equivalence 
value used to determine VRIN which is calculated according to 
Sec.  80.1415 shall use a value of 1.0 to represent R, the renewable 
content of the renewable fuel.
    (iv) RIN-generating parties must calculate RIN volume 
VRIN for co-processed fuels produced from a biointermediate 
as described in paragraph (f)(4)(i)(B) of this section and calculate the 
renewable fraction of a fuel R using one of the following:
    (A) Method B of ASTM D6866 (incorporated by reference, see Sec.  
80.1468) as described in paragraph (f)(9)(ii) of this section.

[[Page 40]]

    (B) If the renewable content of the co-processed fuel is 10 percent 
or greater, Method C of ASTM D6866 as described in paragraph (f)(9)(ii) 
of this section.
    (C) Any other EPA-approved method under paragraph (f)(9)(ii) of this 
section.
    (5) Renewable fuel produced from separated yard waste, separated 
food waste, and separated MSW. (i)(A) Separated yard waste is deemed to 
be composed entirely of cellulosic materials.
    (B) Separated food waste is deemed to be composed entirely of non-
cellulosic materials, unless a party demonstrates that a portion of the 
feedstock is cellulosic through approval of their facility registration.
    (ii)(A) A feedstock qualifies as separated yard waste or separated 
food waste only if it is collected according to a plan submitted to and 
accepted by EPA under the registration procedures specified in Sec.  
80.1450(b)(1)(vii).
    (B) A feedstock qualifies as separated MSW only if it is collected 
according to a plan submitted to and approved by EPA.
    (iii) Separation and recycling actions for separated MSW are 
considered to occur if:
    (A) Recyclable paper, cardboard, plastics, rubber, textiles, metals, 
and glass that can be recycled are separated and removed from the 
municipal solid waste stream to the extent reasonably practicable 
according to a plan submitted to and approved by U.S. EPA under the 
registration procedures specified in Sec.  80.1450(b)(1)(viii); and
    (B) The fuel producer has evidence of all contracts relating to the 
disposition of paper, cardboard, plastics, rubber, textiles, metals, and 
glass that are recycled.
    (iv)(A) The number of gallon-RINs that shall be generated for a 
batch of renewable fuel derived from separated yard waste shall be equal 
to a volume VRIN and is calculated according to the following 
formula:

VRIN = EV * VS

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of cellulosic biofuel gallon-RINs that shall be 
          generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
Vs = Standardized volume of the batch of renewable fuel at 60 [deg]F, in 
          gallons, calculated in accordance with paragraph (f)(8) of 
          this section.

    (B) The number of gallon-RINs that shall be generated for a batch of 
renewable fuel derived from separated food waste shall be equal to a 
volume VRIN and is calculated according to the following 
formula:

VRIN = EV * VS

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of cellulosic or advanced biofuel gallon-RINs that 
          shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
VS = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.

    (v) The number of cellulosic biofuel gallon-RINs that shall be 
generated for the cellulosic portion of a batch of renewable fuel 
derived from separated MSW shall be determined according to the 
following formula:

VRIN = EV * VS * R

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of cellulosic biofuel gallon-RINs that shall be 
          generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
VS = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.
R = The calculated non-fossil fraction of the fuel as measured by a 
          carbon-14 dating test method as provided in paragraph (f)(9) 
          of this section, except that for biogas-derived fuels made 
          from separated MSW, no testing is required and R = 1.
    (6) Renewable fuel neither covered by the pathways in Table 1 to 
this section, nor given an approval by the Administrator for use of a 
specific D code.If none of the pathways described in Table 1 to this 
section apply to a producer's operations, and the producer has not 
received approval for the use of a specific D code by the Administrator, 
the party may generate RINs if the fuel from its facility is made from 
renewable biomass and qualifies for an exemption

[[Page 41]]

under Sec.  80.1403 from the requirement that renewable fuel achieve at 
least a 20 percent reduction in lifecycle greenhouse gas emissions 
compared to baseline lifecycle greenhouse gas emissions.
    (i) The number of gallon-RINs that shall be generated for a batch of 
renewable fuel that qualifies for an exemption from the 20 percent GHG 
reduction requirements under Sec.  80.1403 shall be equal to a volume 
calculated according to the following formula:

VRIN = EV * Vs

Where:

VRIN = RIN volume, in gallons, for use in determining the 
          number of gallon-RINs that shall be generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.  
          80.1415.
Vs = Standardized volume of the batch of renewable fuel at 60 
          [deg]F, in gallons, calculated in accordance with paragraph 
          (f)(8) of this section.

    (ii) A D code of 6 shall be used in the RINs generated under this 
paragraph (f)(6).
    (7) Determination of feedstock energy content factors.(i) For 
purposes of paragraphs (f)(3)(vi) and (f)(4)(i)(A)(2) of this section, 
producers must specify the value for E, the energy content of the 
components of the feedstock that are converted to renewable fuel, used 
in the calculation of the feedstock energy value FE.
    (ii) The value for E shall represent the higher or gross calorific 
heating value for a feedstock on a zero moisture basis.
    (iii) Producers must specify the value for E for each type of 
feedstock at least once per calendar year.
    (iv) A producer must use default values for E as provided in 
paragraph (f)(7)(vi) of this section, or must determine alternative 
values for its own feedstocks according to paragraph (f)(7)(v) of this 
section.
    (v) Producers that do not use a default value for E must use the 
following test methods, or alternative test methods as approved by EPA, 
to determine the value of E. The value of E shall be based upon the test 
results of a sample of feedstock that, based upon good engineering 
judgment, is representative of the feedstocks used to produce renewable 
fuel:
    (A) ASTM E870 or ASTM E711 for gross calorific value (both 
incorporated by reference, see Sec.  80.1468).
    (B) ASTM D4442 or ASTM D4444 for moisture content (both incorporated 
by reference, see Sec.  80.1468).
    (vi) Default values for E.
    (A) Starch: 7,600 Btu/lb.
    (B) Sugar: 7,300 Btu/lb.
    (C) Vegetable oil: 17,000 Btu/lb.
    (D) Waste cooking oil or trap grease: 16,600 Btu/lb.
    (E) Tallow or fat: 16,200 Btu/lb.
    (F) Manure: 6,900 Btu/lb.
    (G) Woody biomass: 8,400 Btu/lb.
    (H) Herbaceous biomass: 7,300 Btu/lb.
    (I) Yard wastes: 2,900 Btu/lb.
    (J) Biogas: 11,000 Btu/lb.
    (K) Food waste: 2,000 Btu/lb.
    (L) Paper: 7,200 Btu/lb.
    (M) Crude oil: 19,100 Btu/lb.
    (N) Coal--bituminous: 12,200 Btu/lb.
    (O) Coal--anthracite: 13,300 Btu/lb.
    (P) Coal--lignite or sub-bituminous: 7,900 Btu/lb.
    (Q) Natural gas: 19,700 Btu/lb.
    (R) Tires or rubber: 16,000 Btu/lb.
    (S) Plastic: 19,000 Btu/lb.
    (8) Standardization of volumes. In determining the standardized 
volume of a batch of renewable fuel for purposes of generating RINs 
under this paragraph (f), the batch volumes shall be adjusted to a 
standard temperature of 60 [deg]F.
    (i) For ethanol, the following formula shall be used:

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

Where:

Vs,e = Standardized volume of ethanol at 60 [deg]F, in 
          gallons.
Va,e = Actual volume of ethanol, in gallons.
T = Actual temperature of the batch, in [deg]F.

    (ii) For biodiesel (mono-alkyl esters), one of the following two 
methods for biodiesel temperature standardization to 60 [deg]Fahrenheit 
([deg]F) shall be used

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

Where

Vs,b = Standardized volume of biodiesel at 60 [deg]F, in 
          gallons.
Va,b = Actual volume of biodiesel, in gallons.
T = Actual temperature of the batch, in [deg]F.

    (B) The standardized volume of biodiesel at 60 [deg]F, in gallons, 
as calculated from the use of the American Petroleum Institute Refined 
Products Table

[[Page 42]]

6B, as referenced in ASTM D1250 (incorporated by reference, see Sec.  
80.1468).
    (iii) For other renewable fuels, an appropriate formula commonly 
accepted by the industry shall be used to standardize the actual volume 
to 60 [deg]F. Formulas used must be reported to EPA, and may be 
determined to be inappropriate.
    (9) Use of radiocarbon dating test methods.(i) Parties may use a 
radiocarbon dating test method for determination of the renewable 
fraction of a fuel R used to determine VRIN as provided in 
paragraphs (f)(4) and (f)(5) of this section.
    (ii) Parties must use Method B or Method C of ASTM D6866 
(incorporated by reference, see Sec.  80.1468), or an alternative test 
method as approved by EPA.
    (iii) For each batch of fuel, the value of R must be based on:
    (A) A radiocarbon dating test of the batch of fuel produced; or
    (B) A radiocarbon dating test of a composite sample of previously 
produced fuel, if all of the following conditions are met:
    (1) Based upon good engineering judgment, the renewable fraction of 
the composite sample must be representative of the batch of fuel 
produced.
    (2) The composite sample is comprised of a volume weighted 
combination of samples from every batch of partially renewable 
transportation fuel produced by the party over a period not to exceed 
one calendar month, or more frequently if necessary to ensure that the 
test results are representative of the renewable fraction of the 
partially renewable fuel.
    (3) The composite sample must be well mixed prior to testing.
    (4) A volume of each composite sample must be retained for a minimum 
of two years, and be of sufficient volume to permit two additional tests 
to be conducted.
    (iv) If the party is using the composite sampling approach according 
to paragraph (f)(9)(iii)(B) of this section, the party may estimate the 
value of R for use in generating RINs in the first month if all of the 
following conditions are met:
    (A) The estimate of R for the first month is based on information on 
the composition of the feedstock;
    (B) The party calculates R in the second month based on the 
application of a radiocarbon dating test on a composite sample pursuant 
to (f)(9)(iii)(B) of this section; and
    (C) The party adjusts the value of R used to generate RINs in the 
second month using the following formula

Ri + 1,adj = 2 x Ri + 1,calc-Ri,est

Where

Ri + 1,adj = Adjusted value of R for use in generating RINs 
          in month the second month i + 1.
Ri + 1,calc = Calculated value of R in second month i + 1 by 
          applying a radiocarbon dating test method to a composite 
          sample of fuel.
Ri,est = Estimate of R for the first month i.

    (10)(i) For purposes of this section, electricity that is only 
distributed via a closed, private, non-commercial system is considered 
renewable fuel and RINs may be generated if all of the following apply:
    (A) The electricity is produced from renewable biomass and qualifies 
for a D code in Table 1 to this section or has received approval for use 
of a D code by the Administrator.
    (B) The RIN generator has documentation for the sale, if applicable, 
and use of a specific quantity of renewable electricity as 
transportation fuel, or has obtained affidavits from all parties selling 
or using the electricity as transportation fuel.
    (C) The electricity is used as a transportation fuel and for no 
other purposes.
    (ii) For purposes of this section, CNG or LNG produced from biogas 
that is only distributed via a closed, private, non-commercial system is 
considered renewable fuel for which RINs may be generated if all of the 
following apply:
    (A) The CNG/LNG is produced from renewable biomass and qualifies for 
a D code in Table 1 to this section or has received approval for use of 
a D code by the Administrator.
    (B) The RIN generator has entered into a written contract for the 
sale or use of a specific quantity of CNG/LNG

[[Page 43]]

to be used as transportation fuel, or obtained affidavits from all 
parties selling or using the CNG/LNG as transportation fuel.
    (C) The CNG/LNG is used as a transportation fuel and for no other 
purposes.
    (iii) A producer of electricity that is generated by co-firing a 
combination of renewable biomass and fossil fuel may generate RINs only 
for the portion attributable to the renewable biomass, using the 
procedure described in paragraph (f)(4) of this section.
    (11)(i) For purposes of this section, electricity that is introduced 
into a commercial distribution system (transmission grid) is considered 
renewable fuel for which RINs may be generated if all of the following 
apply:
    (A) The electricity is produced from renewable biomass and qualifies 
for a D code in Table 1 of this section or has received approval for use 
of a D code by the Administrator.
    (B) The RIN generator has documentation for the sale and use of a 
specific quantity of renewable electricity as transportation fuel, or 
has obtained affidavits from all parties selling or using the 
electricity as transportation fuel.
    (C) The quantity of electricity for which RINs were generated was 
sold for use as transportation fuel and for no other purpose.
    (D) The renewable electricity was loaded onto and withdrawn from a 
physically connected transmission grid.
    (E) The amount of electricity sold for use as transportation fuel 
corresponds to the amount of electricity derived from biogas that was 
placed into the commercial distribution system.
    (F) No other party relied upon the renewable electricity for the 
creation of RINs.
    (ii) For purposes of this section, CNG or LNG produced from biogas 
that is introduced into a commercial distribution system is considered 
renewable fuel for which RINs may be generated if all the following 
apply:
    (A) The fuel is produced from renewable biomass and qualifies for a 
D code in Table 1 to this section or has received approval for use of a 
D code by the Administrator.
    (B) The RIN generator has entered into a written contract for the 
sale or use of a specific quantity of renewable CNG/LNG, taken from a 
commercial distribution system (e.g., physically connected pipeline, 
barge, truck, rail), for use as a transportation fuel, or has obtained 
affidavits from all parties selling or using the CNG/LNG taken from a 
commercial distribution system as a transportation fuel.
    (C) The quantity of CNG/LNG for which RINs were generated was sold 
for use as transportation fuel and for no other purposes.
    (D) The biogas/CNG/LNG was injected into and withdrawn from the same 
commercial distribution system.
    (E) The biogas/CNG/LNG that is ultimately withdrawn from the 
commercial distribution system for use as transportation fuel is 
withdrawn in a manner and at a time consistent with the transport of the 
biogas/CNG/LNG between the injection and withdrawal points.
    (F) The volume and heat content of biogas/CNG/LNG injected into a 
pipeline and the volume of biogas/CNG/LNG withdrawn to make a 
transportation fuel are measured by continuous metering.
    (G) The amount of fuel sold for use as transportation fuel 
corresponds to the amount of fuel derived from biogas that was placed 
into the commercial distribution system.
    (H) No other party relied upon the volume of biogas/CNG/LNG for the 
creation of RINs.
    (iii) For renewable electricity that is generated by co-firing a 
combination of renewable biomass and fossil fuel, the producer may 
generate RINs only for the portion attributable to the renewable 
biomass, using the procedure described in paragraph (f)(4) of this 
section.
    (12) For purposes of Table 1 of this section, process heat produced 
from combustion of gas at a renewable fuel facility is considered 
derived from biomass if the gas is biogas.
    (i) For biogas directly transported to the facility without being 
placed in a commercial distribution system, all of the following 
conditions must be met:
    (A) The producer has entered into a written contract for the 
procurement

[[Page 44]]

of a specific volume of biogas with a specific heat content.
    (B) The volume of biogas was sold to the renewable fuel production 
facility, and to no other facility.
    (C) The volume and heat content of biogas injected into the pipeline 
and the volume of gas used as process heat are measured by continuous 
metering.
    (ii) For biogas that has been gathered, processed and injected into 
a common carrier pipeline, all of the following conditions must be met:
    (A) The producer has entered into a written contract for the 
procurement of a specific volume of biogas with a specific heat content.
    (B) The volume of biogas was sold to the renewable fuel production 
facility, and to no other facility.
    (C) The volume of biogas that is withdrawn from the pipeline is 
withdrawn in a manner and at a time consistent with the transport of 
fuel between the injection and withdrawal points.
    (D) The volume and heat content of biogas injected into the pipeline 
and the volume of gas used as process heat are measured by continuous 
metering.
    (E) The common carrier pipeline into which the biogas is placed 
ultimately serves the producer's renewable fuel facility.
    (iii) The process heat produced from combustion of gas at a 
renewable fuel facility described in paragraph (f)(12)(i) of this 
section shall not be considered derived from biomass if any other party 
relied upon the contracted volume of biogas for the creation of RINs.
    (13) In order for facilities to satisfy the requirements of the 
advanced biofuel grain sorghum pathway all of the following conditions 
(in addition to other applicable requirements) apply.
    (i) The quantity of electricity used at the site that is purchased 
from the grid must be measured and recorded by continuous metering.
    (ii) All electricity used on-site that is not purchased from the 
grid must be produced on-site from biogas from landfills, waste 
treatment plants, and/or waste digesters.
    (iii) For biogas directly transported to the facility without being 
placed in a commercial distribution system, all of the following 
conditions must be met:
    (A) The producer has entered into a written contract for the 
procurement of biogas that specifies the volume of biogas, its heat 
content, and that the biogas must be derived from a landfill, waste 
treatment plant and/or waste digester.
    (B) The volume of biogas was sold to the renewable fuel production 
facility, and to no other facility.
    (C) The volume and heat content of biogas injected into the pipeline 
and the volume of gas used at the renewable fuel production facility are 
measured by continuous metering.
    (iv) [Reserved]
    (v) For biogas that has been gathered, processed and injected into a 
common carrier pipeline, all of the following conditions must be met:
    (A) The producer has entered into a written contract for the 
procurement of biogas that specifies a specific volume of biogas, with a 
specific heat content, and that the biogas must be derived from a 
landfill, waste treatment plant and/or waste digester.
    (B) The volume of biogas was sold to the renewable fuel production 
facility, and to no other facility.
    (C) The volume of biogas that is withdrawn from the pipeline is 
withdrawn in a manner and at a time consistent with the transport of 
fuel between the injection and withdrawal points.
    (D) The volume and heat content of biogas injected into the pipeline 
and the volume of gas used at the renewable fuel production facility are 
measured by continuous metering.
    (E) The common carrier pipeline into which the biogas is placed 
ultimately serves the producer's renewable fuel facility.
    (vi) No party relied upon the contracted volume of biogas for the 
creation of RINs.
    (14) A producer or importer of renewable fuel using giant reed 
(Arundo donax) or napier grass (Pennisetum purpureum) as a feedstock may 
generate RINs for that renewable fuel if:
    (i) The feedstock is produced, managed, transported, collected, 
monitored, and processed according to a Risk Mitigation Plan approved by 
EPA

[[Page 45]]

under the registration procedures specified in Sec.  
80.1450(b)(1)(x)(A); or,
    (ii) EPA has determined that there is not a significant likelihood 
of spread beyond the planting area of the feedstock used for production 
of the renewable fuel. Any determination that Arundo donax or Pennisetum 
purpureum does not present a significant likelihood of spread beyond the 
planting area must be based upon clear and compelling evidence, 
including information and supporting data submitted by the producer. 
Such a determination must be made by EPA as specified in Sec.  
80.1450(b)(1)(x)(B).
    (15) Application of formulas in paragraph (f)(3)(vi) of this section 
to certain producers generating D3 or D7 RINs. (i) If a producer seeking 
to generate D code 3 or D code 7 RINs produces a single type of 
renewable fuel using two or more feedstocks or biointermediates 
converted simultaneously, and at least one of the feedstocks or 
biointermediates does not have a minimum 75% average adjusted cellulosic 
content, one of the following additional requirements apply:
    (A) If the producer is using a thermochemical process to convert 
cellulosic biomass into cellulosic biofuel, the producer is subject to 
additional registration requirements under Sec.  80.1450(b)(1)(xiii)(A).
    (B) If the producer is using any process other than a thermochemical 
process, or is using a combination of processes, the producer is subject 
to additional registration requirements under Sec.  
80.1450(b)(1)(xiii)(B) and reporting requirements under Sec.  
80.1451(b)(1)(ii)(U).
    (ii) [Reserved]
    (16) Renewable fuel produced from crop residue. Producers generating 
RINs for qualifying renewable fuel utilizing crop residue as feedstock 
under Pathway K or Pathway L must meet all of the following conditions 
(in addition to any other applicable requirements):
    (i) Registration requirements under Sec.  80.1450(b)(1)(xv).
    (ii) Reporting requirements under Sec.  80.1451(b)(1)(ii)(V).
    (iii) Recordkeeping requirements under Sec.  80.1454(n).
    (17) Qualifying use demonstration for certain renewable fuels. (i) 
For purposes of this section, any renewable fuel other than ethanol, 
biodiesel, renewable gasoline, or renewable diesel that meets the Grade 
No. 1-D or No. 2-D specification in ASTM D975 (incorporated by 
reference, see Sec.  80.1468) is considered renewable fuel and the 
producer or importer may generate RINs for such fuel only if all of the 
following apply:
    (A) The fuel is produced from renewable biomass and qualifies for a 
D code in Table 1 to this section or has been otherwise approved by the 
Administrator.
    (B) The fuel producer or importer maintains records demonstrating 
that the fuel was produced for use as a transportation fuel, heating oil 
or jet fuel by any of the following:
    (1) Blending the renewable fuel into gasoline or distillate fuel to 
produce a transportation fuel, heating oil, or jet fuel that meets all 
applicable standards under this part and 40 CFR part 1090.
    (2) Entering into a written contract for the sale of the renewable 
fuel, which specifies the purchasing party must blend the fuel into 
gasoline or distillate fuel to produce a transportation fuel, heating 
oil, or jet fuel that meets all applicable standards under this part and 
40 CFR part 1090.
    (3) Entering into a written contract for the sale of the renewable 
fuel, which specifies that the fuel shall be used in its neat form as a 
transportation fuel, heating oil or jet fuel that meets all applicable 
standards.
    (C) The fuel was sold for use in or as a transportation fuel, 
heating oil, or jet fuel, and for no other purpose.
    (ii) [Reserved]
    (g) Delayed RIN generation. (1) Parties who produce or import 
renewable fuel may elect to generate delayed RINs to represent renewable 
fuel volumes that have already been transferred to another party if 
those renewable fuel volumes meet all of the following requirements.
    (i) The renewable fuel volumes can be described by a new pathway 
that has been added to Table 1 to Sec.  80.1426, or approved by petition 
pursuant to Sec.  80.1416, after July 1, 2010.
    (A) For new pathways that EPA approves in response to petitions 
submitted pursuant to Sec.  80.1416, complete

[[Page 46]]

petitions must be received by EPA by January 31, 2011.
    (B) [Reserved]
    (ii) The renewable fuel volumes can be described by a pathway that:
    (A) Is biodiesel that is made from canola oil through 
transesterification using natural gas or biomass for process energy; or
    (B) EPA has determined was in use as of July 1, 2010, for the 
primary purpose of producing transportation fuel, heating oil, or jet 
fuel for commercial sale.
    (iii) The renewable fuel volumes were not designated or intended for 
export from the 48 contiguous states plus Hawaii by the renewable fuel 
producer or importer, and the producer or importer of the renewable fuel 
volumes does not know or have reason to know that the volumes were 
exported from the 48 contiguous states plus Hawaii.
    (2) When a new pathway is added to Table 1 to Sec.  80.1426 or 
approved by petition pursuant to Sec.  80.1416, EPA will specify in its 
approval action the effective date on which the new pathway becomes 
valid for the generation of RINs and whether the fuel in question meets 
the requirements of paragraph (g)(1)(ii) of this section.
    (i) The effective date for the pathway describing biodiesel that is 
made from canola oil through transesterification using natural gas or 
biomass for process energy is September 28, 2010.
    (ii) [Reserved]
    (3) Delayed RINs can only be generated to represent renewable fuel 
volumes produced in the 48 contiguous states plus Hawaii or imported 
into the 48 contiguous states plus Hawaii between July 1, 2010, and the 
earlier of either of the following dates:
    (i) The effective date (identified pursuant to paragraph (g)(2) of 
this section) of the new pathway through which the fuel in question was 
produced; or
    (ii) December 31, 2011.
    (4) Delayed RINs must be generated no later than 60 days after the 
effective date (identified pursuant to paragraph (g)(2) of this section) 
of the pathway by which the fuel in question was produced.
    (5) A party authorized pursuant to paragraph (g)(1) of this section 
to generate delayed RINs, and electing to do so, who generated RINs 
pursuant to 80.1426(f)(6) for fuel produced through a pathway described 
in paragraph (g)(1) of this section, and transferred those RINs with 
renewable fuel volumes between July 1, 2010 and the effective date 
(identified pursuant to paragraph (g)(2) of this section) of that 
pathway, must retire a number of gallon-RINs prior to generating delayed 
RINs.
    (i) The number of gallon-RINs retired by a party pursuant to this 
paragraph must not exceed the number of gallon-RINs originally generated 
by the party to represent fuel described in paragraph (g)(1) of this 
section that was produced in the 48 contiguous states plus Hawaii or 
imported into the 48 contiguous states plus Hawaii, and transferred to 
another party, between July 1, 2010 and the earlier of either of the 
following dates:
    (A) The effective date (identified pursuant to paragraph (g)(2) of 
this section) of the new pathway through which the fuel in question was 
produced; or
    (B) December 31, 2011.
    (ii) Retired RINs must have a D code of 6.
    (iii) Retired RINs must have a K code of 2.
    (iv) Retired RINs must have been generated in the same year as the 
gallon-RINs originally generated by the party to represent fuel 
described in paragraph (g)(1) of this section.
    (A) For gallon-RINs originally generated in 2010 to represent fuel 
described in paragraph (g)(1) of this section, the generation year of 
retired RINs shall be 2010.
    (B) For gallon-RINs originally generated in 2011 to represent fuel 
described in paragraph (g)(1) of this section, the generation year of 
retired RINs shall be 2011.
    (6) For parties that retire RINs pursuant to paragraph (g)(5) of 
this section, the number of delayed gallon-RINs generated shall be equal 
to the number of gallon-RINs retired in accordance with paragraph (g)(5) 
of this section.
    (7) A party authorized pursuant to paragraph (g)(1) of this section 
to generate delayed RINs, and electing to do so, who did not generate 
RINs pursuant

[[Page 47]]

to Sec.  80.1426(f)(6) for renewable fuel produced in the 48 contiguous 
states plus Hawaii or imported into the 48 contiguous states plus Hawaii 
between July 1, 2010 and the effective date (identified pursuant to 
paragraph (g)(2) of this section) of a new pathway for the fuel in 
question, may generate a number of delayed gallon-RINs for that 
renewable fuel in accordance with paragraph (f) of this section.
    (i) The standardized volume of fuel (Vs) used by a party 
to determine the RIN volume (VRIN) under paragraph (f) of 
this section shall be the standardized volume of the fuel described in 
paragraph (g)(1)(i) of this section that was produced in the 48 
contiguous states plus Hawaii or imported into the 48 contiguous states 
plus Hawaii by the party, and transferred to another party, between July 
1, 2010 and the earlier of either of the following dates:
    (A) The effective date (identified pursuant to paragraph (g)(2) of 
this section) of the new pathway through which the fuel in question was 
produced; or
    (B) December 31, 2011.
    (ii) [Reserved]
    (8) The renewable fuel for which delayed RINs are generated must be 
described by a pathway that satisfies the requirements of paragraph 
(g)(1) of this section.
    (9) All delayed RINs generated by a renewable fuel producer or 
importer must be generated within EMTS on the same date.
    (10) The generation year of delayed RINs as designated in EMTS shall 
be the year that the renewable fuel volumes they represent were either 
produced or imported into the 48 contiguous states plus Hawaii.
    (i) For renewable fuel volumes produced or imported in 2010, the 
generation year of delayed RINs shall be 2010 and the production date 
specified in EMTS shall be 07/01/2010.
    (ii) For renewable fuel volumes produced or imported in 2011, the 
generation year of delayed RINs shall be 2011 and the production date 
specified in EMTS shall be 01/01/2011.
    (11) Delayed RINs shall be generated as assigned RINs in EMTS with a 
batch number that begins with ``DRN'', and then immediately separated by 
the RIN generator.
    (12) The D code that shall be used in delayed RINs shall be the D 
code which corresponds to the new pathway.
    (13) Except as provided in this paragraph (g), all other provisions 
in this Subpart M that pertain to the identification of fuels for which 
RINs may be generated, the generation and use of RINs, and recordkeeping 
and reporting, are also applicable to delayed RINs.

[75 FR 14863, Mar. 26, 2010]

    Editorial Note: For Federal Register citations affecting Sec.  
80.1426, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  80.1427  How are RINs used to demonstrate compliance?

    (a) Obligated party renewable volume obligations. (1) Except as 
specified in paragraph (b) of this section or Sec.  80.1456, each party 
that is an obligated party under Sec.  80.1406 and is obligated to meet 
the Renewable Volume Obligations under Sec.  80.1407 must demonstrate 
pursuant to Sec.  80.1451(a)(1) that it has retired for compliance 
purposes a sufficient number of RINs to satisfy the following equations:
    (i) Cellulosic biofuel.

([sum]RINNUM)CB,i + ([sum]RINNUM)CB,i-1 = 
RVOCB,i

Where:

([sum]RINNUM)CB,i = Sum of all owned gallon-RINs that are 
          valid for use in complying with the cellulosic biofuel RVO, 
          were generated in year i, and are being applied towards the 
          RVOCB,i, in gallons.
([sum]RINNUM)CB,i-1 = Sum of all owned gallon-RINs that are 
          valid for use in complying with the cellulosic biofuel RVO, 
          were generated in year i-1, and are being applied towards the 
          RVOCB,i, in gallons.
RVOCB,i = The Renewable Volume Obligation for cellulosic 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.

    (ii) Biomass-based diesel. Except as provided in paragraph (a)(7) of 
this section,

([sum]RINNUM)BBD,i + ([sum]RINNUM)BBD,i-1 = 
RVOBBD,i

Where:

([sum]RINNUM)BBD,i = Sum of all owned gallon-RINs that are 
          valid for use in complying with the biomass-based diesel RVO, 
          were

[[Page 48]]

          generated in year i, and are being applied towards the 
          RVOBBD,i, in gallons.
([sum]RINNUM)BBD,i-1 = Sum of all owned gallon-RINs that are 
          valid for use in complying with the biomass-based diesel RVO, 
          were generated in year i-1, and are being applied towards the 
          RVOBBD,i, in gallons.
RVOBBD,i = The Renewable Volume Obligation for biomass-based 
          diesel for the obligated party for calendar year i after 2010, 
          in gallons, pursuant to Sec.  80.1407.

    (iii) Advanced biofuel.

([sum]RINNUM)AB,i + ([sum]RINNUM)AB,i-1 = 
RVOAB,i

Where:

([sum]RINNUM)AB,i = Sum of all owned gallon-RINs that are 
          valid for use in complying with the advanced biofuel RVO, were 
          generated in year i, and are being applied towards the 
          RVOAB,i, in gallons.
([sum]RINNUM)AB,i-1 = Sum of all owned gallon-RINs that are 
          valid for use in complying with the advanced biofuel RVO, were 
          generated in year i-1, and are being applied towards the 
          RVOAB,i, in gallons.
RVOAB,i = The Renewable Volume Obligation for advanced 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.

    (iv) Renewable fuel.

([sum]RINNUM)RF,i + ([sum]RINNUM)RF,i-1 = 
RVORF,i

Where:

([sum]RINNUM)RF,i = Sum of all owned gallon-RINs that are 
          valid for use in complying with the renewable fuel RVO, were 
          generated in year i, and are being applied towards the 
          RVORF,i, in gallons.
([sum]RINNUM)RF,i-1 = Sum of all owned gallon-RINs that are 
          valid for use in complying with the renewable fuel RVO, were 
          generated in year i-1, and are being applied towards the 
          RVORF,i, in gallons.
RVORF,i = The Renewable Volume Obligation for renewable fuel 
          for the obligated party for calendar year i, in gallons, 
          pursuant to Sec.  80.1407.

    (2) RINs that are valid for use in complying with each Renewable 
Volume Obligation are determined by their D codes.
    (i) RINs with a D code of 3 or 7 are valid for compliance with the 
cellulosic biofuel RVO.
    (ii) RINs with a D code of 4 or 7 are valid for compliance with the 
biomass-based diesel RVO.
    (iii) RINs with a D code of 3, 4, 5, or 7 are valid for compliance 
with the advanced biofuel RVO.
    (iv) RINs with a D code of 3, 4, 5, 6, or 7 are valid for compliance 
with the renewable fuel RVO.
    (3)(i) Except as provided in paragraph (a)(3)(ii) of this section, a 
party may use the same RIN to demonstrate compliance with more than one 
RVO so long as it is valid for compliance with all RVOs to which it is 
applied.
    (ii) A cellulosic diesel RIN with a D code of 7 cannot be used to 
demonstrate compliance with both a cellulosic biofuel RVO and a biomass-
based diesel RVO.
    (4) [Reserved]
    (5) The value of ([Sigma]RINNUM)i-1 may not exceed values 
determined by the following inequalities except as provided in paragraph 
(a)(7)(iii) of this section and Sec.  80.1442(d)

([Sigma]RINNUM)CB,i-1 <=0.20 * RVOCB,i
([Sigma]RINNUM)BBD,i-1 <=0.20 * RVOBBD,i
([Sigma]RINNUM)AB,i-1 <=0.20 * RVOAB,i
([Sigma]RINNUM)RF,i-1 <=0.20 * RVORF,i

    (6) Except as provided in paragraph (a)(7) of this section:
    (i) RINs may only be used to demonstrate compliance with the RVOs 
for the calendar year in which they were generated or the following 
calendar year.
    (ii) RINs used to demonstrate compliance in one year cannot be used 
to demonstrate compliance in any other year.
    (7) Biomass-based diesel in 2010.
    (i) Prior to determining compliance with the 2010 biomass-based 
diesel RVO, obligated parties may reduce the value of 
RVOBBD,2010 by an amount equal to the sum of all 2008 and 
2009 RINs that they used for compliance purposes for calendar year 2009 
which have a D code of 2 and an RR code of 15, 16, or 17.
    (ii) For calendar year 2010 only, the following equation shall be 
used to determine compliance with the biomass-based diesel RVO instead 
of the equation in paragraph (a)(1)(ii) of this section

([Sigma]RINNUM)BBD,2010 + ([Sigma]RINNUM)BBD,2009 
+ ([Sigma]RINNUM)BBD,2008 = RVOBBD,2010

Where

([Sigma]RINNUM)BBD,2010 = Sum of all owned gallon-RINs that 
          are valid for use in complying with the biomass-based diesel 
          RVO, were

[[Page 49]]

          generated in year 2010, and are being applied towards the 
          RVOBBD,2010, in gallons.
([Sigma]RINNUM)BBD,2009 = Sum of all owned gallon-RINs that 
          are valid for use in complying with the biomass-based diesel 
          RVO, were generated in year 2009, have not previously been 
          used for compliance purposes, and are being applied towards 
          the RVOBBD,2010, in gallons.
([Sigma]RINNUM)BBD,2008 = Sum of all owned gallon-RINs that 
          are valid for use in complying with the biomass-based diesel 
          RVO, were generated in year 2008, have not previously been 
          used for compliance purposes, and are being applied towards 
          the RVOBBD,2010, in gallons.
RVOBBD,2010 = The Renewable Volume Obligation for biomass-
          based diesel for the obligated party for calendar year 2010, 
          in gallons, pursuant to Sec.  80.1407 or Sec.  80.1430, as 
          adjusted by paragraph (a)(7)(i) of this section.

    (iii) The values of ([Sigma]RINNUM)2008 and 
([Sigma]RINNUM)2009 may not exceed values determined by both 
of the following inequalities

([Sigma]RINNUM)BBD,2008 <=0.087 * RVOBBD,2010
([Sigma]RINNUM)BBD,2008 + ([Sigma]RINNUM)BBD,2009 
<=0.20 * RVOBBD,2010

    (8) A party may only use a RIN for purposes of meeting the 
requirements of paragraph (a)(1) or (a)(7) of this section if that RIN 
is a separated RIN with a K code of 2 obtained in accordance with 
Sec. Sec.  80.1428 and 80.1429.
    (9) The number of gallon-RINs associated with a given batch-RIN that 
can be used for compliance with the RVOs shall be calculated from the 
following formula:

RINNUM = EEEEEEEE - SSSSSSSS + 1

Where:

RINNUM = Number of gallon-RINs associated with a batch-RIN, where each 
          gallon-RIN represents one gallon of renewable fuel for 
          compliance purposes.
EEEEEEEE = Batch-RIN component identifying the last gallon-RIN 
          associated with the batch-RIN.
SSSSSSSS = Batch-RIN component identifying the first gallon-RIN 
          associated with the batch-RIN.

    (b) Deficit carryovers. (1) An obligated party that fails to meet 
the requirements of paragraph (a)(1) or (a)(7) of this section for 
calendar year i is permitted to carry a deficit into year i + 1 under 
the following conditions:
    (i) The party did not carry a deficit into calendar year i from 
calendar year i-1 for the same RVO.
    (ii) The party subsequently meets the requirements of paragraph 
(a)(1) of this section for calendar year i + 1 and carries no deficit 
into year i + 2 for the same RVO.
    (iii) For compliance with the biomass-based diesel RVO in calendar 
year 2011, the deficit which is carried over from 2010 is no larger than 
57% of the party's 2010 biomass-based diesel RVO as determined prior to 
any adjustment applied pursuant to paragraph (a)(7)(i) of this section.
    (iv) The party uses the same compliance approach in year i + 1 as it 
did in year i, as provided in Sec.  80.1406(c)(2).
    (2) A deficit is calculated according to the following formula:

Di = RVOi - [([Sigma]RINNUM)i + 
([Sigma]RINNUM)i-1]

Where:

Di = The deficit, in gallons, generated in calendar year i 
          that must be carried over to year i + 1 if allowed pursuant to 
          paragraph (b)(1) of this section.
RVOi = The Renewable Volume Obligation for the obligated 
          party or exporter of renewable fuel for calendar year i, in 
          gallons.
([Sigma]RINNUM)i = Sum of all acquired gallon-RINs that were 
          generated in year i and are being applied towards the 
          RVOi, in gallons.
([Sigma]RINNUM)i-1 = Sum of all acquired gallon-RINs that 
          were generated in year i-1 and are being applied towards the 
          RVOi, in gallons.
    (c) Exporter Renewable Volume Obligations (ERVOs). (1) Each exporter 
of renewable fuel that is obligated to meet Exporter Renewable Volume 
Obligations under Sec.  80.1430 must demonstrate pursuant to Sec.  
80.1451(a)(1) that is has retired for compliance purposes a sufficient 
number of RINs to meet its ERVOs by the deadline specified in Sec.  
80.1430(f).
    (2) In fulfillment of its ERVOs, each exporter of renewable fuel is 
subject to the provisions of paragraphs (a)(2), (3), (6), and (8) of 
this section.
    (3) No more than 20 percent of the ERVO calculated according to a 
formula at Sec.  80.1430(b) may be fulfilled using RINs generated in the 
year prior

[[Page 50]]

to the year in which the RVO was incurred.

[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]



Sec.  80.1428  General requirements for RIN distribution.

    (a) RINs assigned to volumes of renewable fuel. (1) Assigned RIN, 
for the purposes of this subpart, means a RIN assigned to a volume of 
renewable fuel pursuant to Sec.  80.1426(e) with a K code of 1.
    (2) Except as provided in Sec.  80.1429, no person can separate a 
RIN that has been assigned to a batch pursuant to Sec.  80.1426(e).
    (3) An assigned RIN cannot be transferred to another person without 
simultaneously transferring a volume of renewable fuel to that same 
person.
    (4) No more than 2.5 assigned gallon-RINs with a K code of 1 can be 
transferred to another person with every gallon of renewable fuel 
transferred to that same person.
    (5)(i) On each of the dates listed in paragraph (a)(5)(ii) of this 
section in any calendar year, the following equation must be satisfied 
for assigned RINs and volumes of renewable fuel owned by a person:

[Sigma](RIN)D <=[Sigma](Vsi * 2.5)D

Where:

D = Applicable date.
[Sigma](RIN)D = Sum of all assigned gallon-RINs with a K code 
          of 1 that are owned on date D.
(Vsi)D = Volume i of renewable fuel owned on date 
          D, standardized to 60 [deg]F, in gallons.

    (ii) The applicable dates are March 31, June 30, September 30, and 
December 31.
    (6) Any transfer of ownership of assigned RINs must be documented on 
product transfer documents generated pursuant to Sec.  80.1453.
    (i) The RIN must be recorded on the product transfer document used 
to transfer ownership of the volume of renewable fuel to another person; 
or
    (ii) The RIN must be recorded on a separate product transfer 
document transferred to the same person on the same day as the product 
transfer document used to transfer ownership of the volume of renewable 
fuel.
    (b) RINs separated from volumes of renewable fuel. (1) Separated 
RIN, for the purposes of this subpart, means a RIN with a K code of 2 
that has been separated from a volume of renewable fuel pursuant to 
Sec.  80.1429.
    (2) Unless otherwise specified, any person that has registered 
pursuant to Sec.  80.1450 can own a separated RIN.
    (3) Separated RINs can be transferred any number of times.
    (c) RIN expiration. Except as provided in Sec.  80.1427(a)(7), a RIN 
is valid for compliance during the calendar year in which it was 
generated, or the following calendar year. Any RIN that is not used for 
compliance purposes for the calendar year in which it was generated, or 
for the following calendar year, will be considered an expired RIN. 
Pursuant to Sec.  80.1431(a), an expired RIN will be considered an 
invalid RIN and cannot be used for compliance purposes.
    (d) Any batch-RIN can be divided into multiple batch-RINs, each 
representing a smaller number of gallon-RINs, if all of the following 
conditions are met:
    (1) All RIN components other than SSSSSSSS and EEEEEEEE are 
identical for the original parent and newly formed daughter RINs.
    (2) The sum of the gallon-RINs associated with the multiple daughter 
batch-RINs is equal to the gallon-RINs associated with the parent batch-
RIN.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010; 87 
FR 39664, July 1, 2022]



Sec.  80.1429  Requirements for separating RINs from volumes of renewable 
fuel.

    (a)(1) Separation of a RIN from a volume of renewable fuel means 
termination of the assignment of the RIN to a volume of renewable fuel.
    (2) RINs that have been separated from volumes of renewable fuel 
become separated RINs subject to the provisions of Sec.  80.1428(b).
    (b) A RIN that is assigned to a volume of renewable fuel can be 
separated from that volume only under one of the following conditions:

[[Page 51]]

    (1) Except as provided in paragraphs (b)(7) and (b)(9) of this 
section, a party that is an obligated party according to Sec.  80.1406 
must separate any RINs that have been assigned to a volume of renewable 
fuel if that party owns that volume.
    (2) Except as provided in paragraph (b)(6) of this section, any 
party that owns a volume of renewable fuel must separate any RINs that 
have been assigned to that volume once the volume is blended with 
gasoline or 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) Any party that produces, imports, owns, sells, or uses a volume 
of electricity or biogas for which RINs have been generated in 
accordance with Sec.  80.1426(f) must separate any RINs that have been 
assigned to that volume of renewable electricity or biogas if:
    (i) The party designates the electricity or biogas as transportation 
fuel; and
    (ii) The electricity or biogas is used as transportation fuel.
    (6) RINs assigned to a volume of biodiesel (mono-alkyl ester) can 
only be separated from that volume pursuant to paragraph (b)(2) of this 
section if such biodiesel is blended into diesel fuel at a concentration 
of 80 volume percent biodiesel (mono-alkyl ester) or less.
    (i) This paragraph (b)(6) shall not apply to biodiesel owned by 
obligated parties or to exported volumes of biodiesel.
    (ii) This paragraph (b)(6) shall not apply to parties meeting the 
requirements of paragraph (b)(4) of this section.
    (7) For RINs that an obligated party generates for renewable fuel 
that has not been blended into gasoline or diesel to produce a 
transportation fuel, heating oil, or jet fuel, the obligated party can 
only separate such RINs from volumes of renewable fuel if the number of 
gallon-RINs separated in a calendar year are less than or equal to a 
limit set as follows:
    (i) For RINs with a D code of 3, the limit shall be equal to 
RVOCB.
    (ii) For RINs with a D code of 4, the limit shall be equal to 
RVOBBD.
    (iii) For RINs with a D code of 7, the limit shall be equal to the 
larger of RVOBBD or RVOCB.
    (iv) For RINs with a D code of 5, the limit shall be equal to 
RVOAB-RVOCB-RVOBBD.
    (v) For RINs with a D code of 6, the limit shall be equal to 
RVORF-RVOAB.
    (8) Small refiners and small refineries may only separate RINs that 
have been assigned to volumes of renewable fuel that the party blends 
into gasoline or diesel to produce transportation fuel, heating oil, or 
jet fuel, or that the party used as transportation fuel, heating oil, or 
jet fuel. This paragraph (b)(8) shall apply only under the following 
conditions:
    (i) During the calendar year in which the party has received a small 
refinery exemption under Sec.  80.1441 or a small refiner exemption 
under Sec.  80.1442; and
    (ii) The party is not otherwise an obligated party during the period 
of time that the small refinery or small refiner exemption is in effect.
    (9) Except as provided in paragraphs (b)(2) through (5) and (8) of 
this section, parties whose non-export renewable volume obligations are 
solely related to the importation of products listed in Sec.  80.1407(c) 
or (e), the addition of blendstocks into a volume of finished gasoline, 
finished diesel fuel, or BOB, or that incur a renewable volume 
obligation (RVO) under Sec.  80.1408, can only separate RINs from 
volumes of renewable fuel if the number of gallon-RINs

[[Page 52]]

separated in a calendar year is less than or equal to a limit set as 
follows:
    (i) For RINs with a D code of 3, the limit shall be equal to 
RVOCB.
    (ii) For RINs with a D code of 4, the limit shall be equal to 
RVOBBD.
    (iii) For RINs with a D code of 7, the limit shall be equal to the 
larger of RVOBBD or RVOCB.
    (iv) For RINs with a D code of 5, the limit shall be equal to 
RVOAB-RVOCB-RVOBBD.
    (v) For RINs with a D code of 6, the limit shall be equal to 
RVORF-RVOAB.
    (10) Any party that produces a volume of renewable fuel may separate 
any RINs that have been generated to represent that volume of renewable 
fuel or that blend if that party retires the separated RINs to replace 
invalid RINs according to Sec.  80.1474.
    (c) The party responsible for separating a RIN from a volume of 
renewable fuel shall change the K code in the RIN from a value of 1 to a 
value of 2 prior to transferring the RIN to any other party.
    (d) Upon and after separation of a RIN from its associated volume of 
renewable fuel, the separated RIN must be accompanied by a PTD pursuant 
to Sec.  80.1453 when transferred to another party.
    (e) Upon and after separation of a RIN from its associated volume of 
renewable fuel, product transfer documents used to transfer ownership of 
the volume must meet the requirements of Sec.  80.1453.

[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]



Sec.  80.1430  Requirements for exporters of renewable fuels.

    (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 Sec.  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.

ERVOCB,k = VOLk* EVk

Where:

ERVOCB,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.
VOLk = The standardized volume of discrete volume k, in 
          gallons, calculated in accordance with Sec.  80.1426(f)(8).
EVk = The equivalence value associated with discrete volume 
          k.

    (2) Biomass-based diesel.

ERVOBBD,k = VOLk* EVk

Where:

ERVOBBDI,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.
VOLk = The standardized volume of discrete volume k 
          calculated in accordance with Sec.  80.1426(f)(8).
EVk = The equivalence value associated with discrete volume 
          k.

    (3) Advanced biofuel.

ERVOAB,k = VOLk* EVk

Where:

ERVOAB,k = The Exporter Renewable Volume Obligation for 
          advanced biofuel for discrete volume k, in gallons.
k = A discrete volume of renewable fuel that is advanced biofuel 
          (including biomass-based diesel, renewable diesel, cellulosic 
          biofuel and other advanced biofuel) and is exported in a 
          single shipment.
VOLk = The standardized volume of discrete volume k, in 
          gallons, calculated in accordance with Sec.  80.1426(f)(8).
EVk = The equivalence value associated with discrete volume 
          k.

    (4) Renewable fuel.

ERVORF,i = VOLk* EVk

Where:


[[Page 53]]


ERVORF,i = The Renewable Volume Obligation for renewable fuel 
          for discrete volume k, in gallons.
k = A discrete volume of exported renewable fuel that is exported in a 
          single shipment.
VOLk = The standardized volume of discrete volume k, in 
          gallons, calculated in accordance with Sec.  80.1426(f)(8).
EVk = The equivalence value associated with discrete volume 
          k.

    (c) If the exporter of renewable fuel knows or has reason to know 
that a volume of exported renewable fuel is cellulosic diesel, the 
exporter of renewable fuel must treat the exported volume as either 
cellulosic biofuel or biomass-based diesel when determining his 
Renewable Volume Obligations pursuant to paragraph (b) of this section.
    (d) For the purposes of calculating the Renewable Volume 
Obligations:
    (1) If the equivalence value for a volume of exported renewable fuel 
can be determined pursuant to Sec.  80.1415 based on its composition, 
then the appropriate equivalence value shall be used in the calculation 
of the exporter of renewable fuel's Renewable Volume Obligations under 
paragraph (b) of this section.
    (2) If the category of the exported renewable fuel is known to be 
biomass-based diesel but the composition is unknown, the value of 
EVk shall be 1.5.
    (3) If neither the category nor composition of a volume of exported 
renewable fuel can be determined, the value of EVk shall be 
1.0.
    (e) For renewable fuels that are in the form of a blend at the time 
of export, the exporter of renewable fuel shall determine the volume of 
exported renewable fuel based on one of the following:
    (1) Information from the supplier of the blend of the concentration 
of renewable fuel in the blend.
    (2) Determination of the renewable portion of the blend using Method 
B or Method C of ASTM D6866 (incorporated by reference, see Sec.  
80.1468), or an alternative test method as approved by the EPA.
    (3) Assuming the maximum concentration of the renewable fuel in the 
blend as allowed by law and/or regulation.
    (f) Each exporter of renewable fuel must fulfill its ERVO for each 
discrete volume of exported renewable fuel within thirty days of export, 
and must demonstrate compliance with its ERVOs pursuant to Sec.  
80.1427(c).
    (g) Each exporter of renewable fuel must fulfill any 2014 ERVOs 
existing as of September 16, 2014 for which RINs have not yet been 
retired by the compliance demonstration deadline for the 2013 compliance 
period, and must demonstrate compliance with such ERVOs pursuant to 
Sec.  80.1427(c).
    (h) Each person meeting the definition of exporter of renewable fuel 
for a particular export transaction is jointly and severally liable for 
completion of the requirements of this section and all associated RIN 
retirement demonstration, registration, reporting, and attest engagement 
obligations under this subpart. However, these requirements for 
exporters of renewable fuel must be met only once for any export 
transaction.

[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]



Sec.  80.1431  Treatment of invalid RINs.

    (a) Invalid RINs. (1) An invalid RIN is a RIN that is any of the 
following:
    (i) A duplicate of a valid RIN.
    (ii) Was based on incorrect volumes or volumes that have not been 
standardized to 60 [deg]F.
    (iii) Has expired, as provided in Sec.  80.1428(c).
    (iv) Was based on an incorrect equivalence value.
    (v) Deemed invalid under Sec.  80.1467(g).
    (vi) Does not represent renewable fuel as defined in Sec.  80.1401.
    (vii) Was assigned an incorrect ``D'' code value under Sec.  
80.1426(f) for the associated volume of fuel.
    (viii) [Reserved]
    (ix) Was otherwise improperly generated.
    (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

[[Page 54]]

fuel are deemed invalid, unless EPA in its sole discretion determines 
that some portion of those RINs are valid.
    (b) Except as provided in Sec.  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 Sec.  
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 fuel, regardless of the party's good faith belief that the 
RINs were valid at the time they were acquired.
    (3) Any valid RINs remaining after invalid RINs are retired must 
first be applied to correct the transfer of invalid RINs to another 
party before applying the valid RINs to meet the party's Renewable 
Volume Obligations at the end of the compliance year.
    (c) Notwithstanding paragraph (b) of this section, improperly 
generated RINs may be used for compliance provided that all of the 
following conditions and requirements are satisfied and the renewable 
fuel producer or importer who improperly generated the RINs demonstrates 
that the conditions and requirements are satisfied through the reporting 
and recordkeeping requirements set forth below, that:
    (1) The number of RINs generated for a batch exceeds the number of 
RINs that should have been properly generated.
    (2) The RINs were improperly generated as a result of a broken 
meter, an inadvertent temperature correction error, or an inadvertent 
administrative error.
    (3) The renewable fuel producer or importer had in place at the time 
the RINs were improperly generated a quality assurance/quality control 
plan designed to ensure that process measuring equipment such as meters 
and temperature probes are properly maintained and to prevent 
inadvertent administrative errors.
    (4) The renewable fuel producer or importer has taken any 
appropriate additional steps to prevent similar violations from 
occurring in the future.
    (5) The improperly generated RINs have been transferred to another 
party.
    (6) The renewable fuel producer or importer has not improperly 
generated RINs for the reasons described in paragraph (c)(2) of this 
section on more than five batches during any calendar year.
    (7) All of the following remedial actions have been implemented 
within 30 days of the EMTS submission date of the improper RIN 
generation:
    (i) The renewable fuel producer or importer retires an equal number 
of valid RINs with the same D Code and RIN year as the properly 
generated RINs, using an EMTS retire code of 110.
    (ii) The renewable fuel producer or importer reports all the 
following information to EPA via EMTS, which EPA may make publicly 
available:
    (A) Company name.
    (B) Company ID.
    (C) Facility name.
    (D) Facility ID.
    (E) The date the renewable fuel was produced.
    (F) The date the RINs were originally generated.
    (G) The number of RINs generated.
    (H) The number of RINs improperly generated.
    (I) RIN year.
    (J) D codes of generated RINs.
    (K) Batch numbers.
    (L) EMTS Transaction ID of the original generation.
    (M) An explanation of how the violation occurred, and why the 
improperly generated RINs meet the criteria in paragraph (c)(2) of this 
section.
    (N) Steps taken to prevent similar violations from occurring in the 
future.
    (O) Information under paragraphs (c)(3), (c)(4), and (c)(5) of this 
section.
    (P) Any additional information the Administrator may require.
    (8) The renewable fuel producer or importer maintains all records 
relating to the improper RIN generation and the associated remedial 
actions taken, including but not limited to any of the following:

[[Page 55]]

    (i) All information regarding the generation of invalid RINs, 
including information that is sufficient to demonstrate that the 
improperly generated RINs meet the criteria in paragraph (c)(2) of this 
section.
    (ii) Documents demonstrating that the renewable fuel producer or 
importer has implemented the quality control/quality assurance plan 
required in paragraph (c)(3) of this section, and has taken all 
appropriate additional steps to prevent similar violations from 
occurring in the future.
    (iii) All correspondence with EPA.
    (iv) All EMTS transactions (Generation, Buy, Sell and Retire).
    (v) All Product Transfer Documents (PTDs).
    (d) If EPA determines that a renewable fuel producer improperly 
generated RINs but did not meet the requirements set forth in paragraph 
(c) of this section, then the requirements of paragraph (b) of this 
section apply from the moment that the invalid RINs were generated in 
EMTS. Once the RIN generator has identified improperly generated RINs to 
EPA, then EPA may remove these improperly generated RINs from EMTS.

[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]



Sec.  80.1432  Reported spillage or disposal of renewable fuel.

    (a) A reported spillage or disposal under this subpart means a 
spillage or disposal of renewable fuel associated with a requirement by 
a federal, state, or local authority to report the spillage or disposal.
    (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 Sec.  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 Sec.  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.



Sec.  80.1433  [Reserved]





Sec.  80.1434  RIN retirement.

    (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 Sec.  80.1456, each party that is an obligated 
party under Sec.  80.1406 and is obligated to meet the RVO under Sec.  
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 Sec.  80.1430(a) shall retire RINs 
pursuant to Sec. Sec.  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 
[deg]F as described in Sec.  80.1426(f)(8).
    (4) Import volume correction. Where the port of entry volume is the 
lesser of the two volumes in Sec.  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 Sec.  
80.1426 for the volume of renewable fuel as measured at the port of 
entry, and retire that amount of RINs in accordance with Sec.  
80.1466(k)(4).
    (5) Spillage or disposal of renewable fuels. Except as provided in 
Sec.  80.1432(c), in the event that a reported spillage 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

[[Page 56]]

volume of spilled or disposed of renewable fuel multiplied by its 
equivalence value in accordance with Sec.  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 Sec.  80.1415 based on its composition, 
then the appropriate equivalence value shall be used.
    (ii) If the equivalence value for a contaminated or spoiled volume 
of renewable fuel cannot be determined, the equivalence value shall be 
1.0.
    (iii) If the owner of a volume of renewable fuel that is 
contaminated or spoiled and reported establishes that no RINs were 
generated to represent the volume, then no gallon-RINs shall be retired.
    (7) Delayed RIN generation. In the event that a party generated a 
delayed RIN as described in Sec.  80.1426(g)(1) through (4), parties 
must retire RINs as described in accordance with Sec.  80.1426(g)(5) and 
(6).
    (8) Invalid RIN. In the case that a RIN is invalid as described in 
Sec.  80.1431(a), the RIN will be considered invalid and must be retired 
as described in Sec.  80.1431(b).
    (9) Potentially invalid RINs. In the case that a RIN is identified 
as a PIR under Sec.  80.1474(b)(1), the PIRs or replacement RINs must be 
retired as described in Sec.  80.1474(b)(2) through (5).
    (10) Replacement. As required by Sec.  80.1431(b) or Sec.  80.1474, 
any party that must replace an invalid RIN or PIR that was used for 
compliance must retire valid RINs to replace the invalid RINs originally 
used for any RVO.
    (11) Other. Any other instance identified by EPA.
    (b) In the case that retirement of a RIN is necessary, the following 
provisions apply:
    (1) Any party affected by such retirement must keep copies and 
adjust its records, reports, and compliance calculations in which the 
retired RIN was used.
    (2) The retired RIN must be reported in the applicable reports under 
Sec.  80.1451.
    (3) The retired RIN must be reported in the EPA Moderated 
Transaction System pursuant to Sec.  80.1452(c).
    (4) Where the importer of renewable fuel is required to retire RINs 
under paragraph (a)(5) of this section, the importer must report the 
retired RINs in the applicable reports under Sec. Sec.  80.1451, 
80.1466(k), and 80.1466(m).

[85 FR 7076, Feb. 6, 2020]




Sec.  80.1435  How are RIN holdings and RIN holding thresholds calculated?

    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 Sec.  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 Sec.  
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

[[Page 57]]

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:

HTMPd = [([Sigma]D6RINd)a/
(CNV_VOLTOT,i * 1.25)] * 100

Where:

HTMPd = 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 
          separated D6 RINs in the market in compliance period i, in 
          percent.
d = A given calendar day.
i = The compliance period, typically expressed as a calendar year.
a = Individual corporate affiliate in a corporate affiliate group.
([Sigma]D6RINd)a = Sum of the number of separated 
          D6 RINs each individual corporate affiliate a holds at the end 
          of calendar day d, in RIN-gallons.
CNV_VOLTOT,i = The total expected annual volume of 
          conventional renewable fuels for the compliance period i, in 
          gallons. Unless otherwise specified, this number is 15 billion 
          gallons.

    (ii) For each day beginning April 1 through December 31, calculate 
the holdings-to-market percentage for a corporate affiliate group as 
follows:

HTMPd = [([Sigma]D6RINd)a/
(CNV_VOLTOT,i)] * 100

Where:

HTMPd = 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 
          separated D6 RINs in the market in compliance period i, in 
          percent.
d = A given calendar day.
i = The compliance period, typically expressed as a calendar year.
a = Individual corporate affiliate in a corporate affiliate group.
([Sigma]D6RINd)a = Sum of the number of separated 
          D6 RINs each individual corporate affiliate a holds at the end 
          of calendar day d, in RIN-gallons.
CNV_VOLTOT,i = The total expected annual volume of 
          conventional renewable fuels for compliance period i, in 
          gallons. Unless otherwise specified, this number is 15 billion 
          gallons.

    (2) Secondary threshold calculations. For each day in a compliance 
period where a corporate affiliate group is required to calculate with 
the secondary threshold requirement under paragraph (a)(3) of this 
section, each party must calculate the holdings-to-obligation percentage 
for their corporate affiliate group using the methods at paragraph 
(b)(2)(i) or (b)(2)(ii) of this section, as applicable.
    (i) For each day beginning January 1 through March 31, calculate the 
holdings-to-obligation percentage as follows:

HTOPd = [([Sigma]D6RINd)a/
{[([Sigma]CNV_RVOi-1)a + 
([Sigma]CNV_DEFi-1)a + 
([Sigma]CNV_DEFi-2)a] * 1.25{time} ] * 100

Where:

HTOPd = The holdings-to-obligation percentage is the 
          percentage of separated D6 RINs a corporate affiliate group 
          holds on calendar day d relative to their expected separated 
          D6 RIN holdings based on the corporate affiliate group's 
          conventional RVO for compliance period i-1, in percent.
d = A given calendar day.
i = The compliance period, typically expressed as a calendar year.
a = Individual corporate affiliate in a corporate affiliate group.
([Sigma]D6RINd)a = Sum of the number of separated 
          D6 RINs each individual corporate affiliate a holds on 
          calendar day d, in RIN-gallons.
([Sigma]CNV_RVOi-1)a = Sum of the conventional 
          RVOs for each individual corporate affiliate a for compliance 
          period i-1 as calculated in paragraph (b)(2)(iii) of this 
          section, in RIN-gallons.
([Sigma]CNV_DEFi-1)a = Sum of the conventional 
          deficits for each individual corporate affiliate a as 
          calculated in paragraph (b)(2)(iv) of this section for 
          compliance period i-1, in RIN-gallons.
([Sigma]CNV_DEFi-2)a = Sum of the conventional 
          deficits for each individual corporate affiliate a as 
          calculated in paragraph (b)(2)(iv) of this section for 
          compliance period i-2, in RIN-gallons.

    (ii) For each day beginning April 1 through December 31, calculate 
the holdings-to-obligation percentage as follows:

HTOPd = {([Sigma]D6RINd)a/
[([Sigma]CNV_RVOi-1)a + 
([Sigma]CNV_DEFi-1)a]{time}  * 100

Where:

HTOPd = The holdings-to-obligation percentage is the 
          percentage of separated D6 RINs a corporate affiliate group 
          holds on calendar day d relative to their expected separated 
          D6 RIN holdings based on the

[[Page 58]]

          corporate affiliate group's conventional RVO for compliance 
          period i-1, in percent.
d = A given calendar day.
i = The compliance period, typically expressed as a calendar year.
a = Individual corporate affiliate in a corporate affiliate group.
([Sigma]D6RINd)a = Sum of the number of separated 
          D6 RINs each individual corporate affiliate a holds on 
          calendar day d, in RIN gallons.
([Sigma]CNV_RVOi-1)a = Sum of the conventional 
          RVOs for each individual corporate affiliate a for compliance 
          period i-1 as calculated in paragraph (b)(2)(iii) of this 
          section, in RIN-gallons.
([Sigma]CNV_DEFi-1)a = Sum of the conventional 
          deficits for each individual corporate affiliate a as 
          calculated in paragraph (b)(2)(iv) of this section for 
          compliance period i-1, in RIN-gallons.

    (iii) As needed to calculate the holdings-to-obligation percentage 
in paragraphs (b)(2)(i) and (b)(2)(ii) of this section, calculate the 
conventional RVO for an individual corporate affiliate as follows:

CNV_RVOi = {[RFStdRF,i * (GVi + 
DVi)]--[RFStdAB,i * (GVi + 
DVi)]{time}  + ERVORF,i

Where:

CNV_RVOi = The conventional RVO for an individual corporate 
          affiliate for compliance period i without deficits, in RIN-
          gallons.
i = The compliance period, typically expressed as a calendar year.
RFStdRF,i = The standard for renewable fuel for compliance 
          period i determined by EPA pursuant to Sec.  80.1405, in 
          percent.
RFStdAB,i = The standard for advanced biofuel for compliance 
          period i determined by EPA pursuant to Sec.  80.1405, in 
          percent.
GVi = The non-renewable gasoline volume, determined in 
          accordance with Sec.  80.1407(b), (c), and (f), which is 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party for compliance period i, in 
          gallons.
DVi = The non-renewable diesel volume, determined in 
          accordance with Sec.  80.1407(b), (c), and (f), which is 
          produced in or imported into the 48 contiguous states or 
          Hawaii by an obligated party for compliance period i, in 
          gallons.
ERVORF,i = The sum of all renewable volume obligations from 
          exporting renewable fuels, as calculated under Sec.  80.1430, 
          by an obligated party for compliance period i, in RIN-gallons.

(iv) As needed to calculate the holdings-to-obligation percentage in 
paragraphs (b)(2)(i) and (b)(2)(ii) of this section, calculate the 
conventional deficit for an individual corporate affiliate as follows:

CNV_DEFi = DRF,i--DAB,i

Where:

CNV_DEFi = The conventional deficit for an individual 
          corporate affiliate for compliance period i, in RIN-gallons. 
          If a conventional deficit is less than zero, use zero for 
          conventional deficits in paragraphs (b)(2)(i) and (b)(2)(ii) 
          of this section.
i = The compliance period, typically expressed as a calendar year.
DRF,i = Deficit carryover from compliance period i for 
          renewable fuel, in RIN-gallons.
DAB,i = Deficit carryover from compliance period i for 
          advanced biofuel, in RIN-gallons.

    (c) Exceeding the D6 RIN holding thresholds--(1) Primary threshold 
test. A non-obligated party or corporate affiliate group that does not 
contain an obligated party and 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, has exceeded the 
primary threshold.
    (2) Secondary threshold test. Any party or corporate affiliate group 
required to calculate a holdings-to-obligation percentage under 
paragraph (a)(3) of this section and that has a holdings-to-obligation 
percentage greater than 130.00 percent for any calendar day in a 
compliance period, as determined under paragraph (b)(2) of this section, 
has exceeded the secondary threshold.
    (d) Alternative gasoline and diesel production volume allowance. 
Parties that must calculate the secondary threshold under paragraph 
(b)(2) of this section may use alternative gasoline and diesel 
production volumes if all the following requirements are met:
    (1) The party must have a reasonable basis for using the alternative 
production numbers (e.g., selling or acquiring a refinery or a shutdown 
of a refinery).
    (2) When substituting the alternative production volume for the 
conventional RVO volume, the party must use actual production numbers 
for any completed quarter in the compliance period and extrapolated 
production numbers for any future quarters.

[[Page 59]]

    (3) The party must meet the applicable recordkeeping requirements of 
Sec.  80.1454.
    (4) The party must retain documentation of the reasonable basis and 
the calculations used and must provide these to the auditor conducting 
the attest engagement under Sec.  80.1464.
    (e) Exemption from aggregation requirements. (1) A party may claim 
exemption from the requirement to aggregate D6 RIN holdings for any 
affiliate where one or more of the following apply:
    (i) There is an absence of common trading-level control and 
information sharing with the affiliate.
    (ii) The sharing of information regarding aggregation with the 
affiliate could lead either party to violate state or Federal law, or 
the law of a foreign jurisdiction.
    (iii) The affiliate is exempt from the regulations regarding 
commodities and securities exchanges under 17 CFR 150.4(b)(7).
    (2) A party must retain detailed, explanatory documentation 
supporting its exemption and must provide this documentation to the 
attest auditor under Sec.  80.1464, and to EPA upon request. Such 
records include, but are not limited to, the following:
    (i) Documents that reflect that the parties do not have knowledge of 
the trading decisions of the other.
    (ii) Documents that demonstrate that there are developed and 
independent trading systems in place.
    (iii) Documents that demonstrate that the parties have and enforce 
written procedures to preclude each from having knowledge of, gaining 
access to, or receiving data about, trades of the other.
    (iv) Documents reflective of the risk management and other systems 
in place.
    (v) Documents that support an exemption under 17 CFR 150.4(b)(7).
    (vi) Any other documents that support the applicability of the 
exemption.

[84 FR 27022, June 10, 2019, as amended at 87 FR 39665, July 1, 2022]



Sec. Sec.  80.1436-80.1439  [Reserved]



Sec.  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?

    (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 Sec.  80.1429.
    (2) The reporting requirements of Sec.  80.1451.
    (3) The recordkeeping requirements of Sec.  80.1454.
    (4) The attest engagement requirements of Sec.  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 Sec.  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

[[Page 60]]

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 Sec.  80.1450(e), and may not own RINs.
    (e) Renewable fuel blenders who handle and blend less than 250,000 
gallons of renewable fuel per year and who do not opt to delegate their 
RIN-related responsibilities, or own RINs, will be subject to all 
requirements stated in paragraph (b) of this section, and all other 
applicable requirements of this subpart M.
    (f) The requirements described in paragraph (b) of this section may 
be delegated directly upstream for renewable fuel (neat or blended) that 
is produced, imported, sold, offered for sale, supplied, offered for 
supply, stored, dispensed, or transported for use in any of the 
following:
    (1) Tactical military vehicles, engines, or equipment having an EPA 
national security exemption from emission standards under 40 CFR 
85.1708, 89.908, 92.908, 94.908, 1042.635, or 1068.225.
    (2) Tactical military vehicles, engines, or equipment that are not 
subject to a national security exemption from vehicle or engine 
emissions standards as described in paragraph (f)(1) of this section 
but, for national security purposes (for purposes of readiness for 
deployment overseas), need to be fueled on the same transportation fuel, 
heating oil, or jet fuel as the vehicles, engines, or equipment for 
which EPA has granted such a national security exemption.

[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]



Sec.  80.1441  Small refinery exemption.

    (a)(1) Transportation fuel produced at a refinery by a refiner, or 
foreign refiner (as defined at Sec.  80.1465(a)), is exempt from January 
1, 2010 through December 31, 2010 from the renewable fuel standards of 
Sec.  80.1405, and the owner or operator of the refinery, or foreign 
refinery, is exempt from the requirements that apply to obligated 
parties under this subpart M for fuel produced at the refinery if the 
refinery meets the definition of a small refinery under Sec.  80.1401 
for calendar year 2006.
    (2) The exemption of paragraph (a)(1) of this section shall apply 
unless a refiner chooses to waive this exemption (as described in 
paragraph (f) of this section), or the exemption is extended (as 
described in paragraph (e) of this section).
    (3) For the purposes of this section, the term ``refiner'' shall 
include foreign refiners.
    (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.
    (3) For foreign refiners the small refinery exemption shall be 
effective upon approval, by EPA, of a small refinery application. The 
application must contain all of the elements required for small refinery 
verification letters (as specified in paragraph (b)(1) of this section), 
must satisfy the provisions of Sec.  80.1465(f) through (i) and (o), and 
must be submitted by July 1, 2010 to one of the addresses listed in 
paragraph (h) of this section.
    (c) If EPA finds that a refiner provided false or inaccurate 
information

[[Page 61]]

regarding a refinery's crude throughput (pursuant to paragraph (b)(1)(i) 
of this section) in its small refinery verification letter, the 
exemption will be void as of the effective date of these regulations.
    (d) If a refiner is complying on an aggregate basis for multiple 
refineries, any such refiner may exclude from the calculation of its 
Renewable Volume Obligations (under Sec.  80.1407) transportation fuel 
from any refinery receiving the small refinery exemption under paragraph 
(a) of this section.
    (e)(1) The exemption period in paragraph (a) of this section shall 
be extended by the Administrator for a period of not less than two 
additional years if a study by the Secretary of Energy determines that 
compliance with the requirements of this subpart would impose a 
disproportionate economic hardship on a small refinery.
    (2) A refiner may petition the Administrator for an extension of its 
small refinery exemption, based on disproportionate economic hardship, 
at any time.
    (i) A petition for an extension of the small refinery exemption must 
specify the factors that demonstrate a disproportionate economic 
hardship and must provide a detailed discussion regarding the hardship 
the refinery would face in producing transportation fuel meeting the 
requirements of Sec.  80.1405 and the date the refiner anticipates that 
compliance with the requirements can reasonably be achieved at the small 
refinery.
    (ii) The Administrator shall act on such a petition not later than 
90 days after the date of receipt of the petition.
    (iii) In order to qualify for an extension of its small refinery 
exemption, a refinery must meet the definition of ``small refinery'' in 
Sec.  80.1401 for the most recent full calendar year prior to seeking an 
extension and must be projected to meet the definition of ``small 
refinery'' in Sec.  80.1401 for the year or years for which an exemption 
is sought. Failure to meet the definition of small refinery for any 
calendar year for which an exemption was granted would invalidate the 
exemption for that calendar year.
    (f) At any time, a refiner with a small refinery exemption under 
paragraph (a) of this section may waive that exemption upon notification 
to EPA.
    (1) A refiner's notice to EPA that it intends to waive its small 
refinery exemption must be received by November 1 to be effective in the 
next compliance year.
    (2) The waiver will be effective beginning on January 1 of the 
following calendar year, at which point the transportation fuel produced 
at that refinery will be subject to the renewable fuels standard of 
Sec.  80.1405 and the owner or operator of the refinery shall be subject 
to all other requirements that apply to obligated parties under this 
Subpart M.
    (3) The waiver notice must be sent to EPA at one of the addresses 
listed in paragraph (h) of this section.
    (g) A refiner that acquires a refinery from either an approved small 
refiner (as defined under Sec.  80.1442(a)) or another refiner with an 
approved small refinery exemption under paragraph (a) of this section 
shall notify EPA in writing no later than 20 days following the 
acquisition.
    (h) Verification letters under paragraph (b) of this section, 
petitions for small refinery hardship extensions under paragraph (e) of 
this section, and small refinery exemption waiver notices under 
paragraph (f) of this section shall be sent to the attention of ``RFS 
Program'' to the address in Sec.  80.10(a).

[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]



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

    (a)(1) To qualify as a small refiner under this section, a refiner 
must meet all of the following criteria:
    (i) The refiner produced transportation fuel at its refineries by 
processing crude oil through refinery processing units from January 1, 
2006 through December 31, 2006.
    (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

[[Page 62]]

companies, all subsidiaries of the parent companies, and all joint 
venture partners.
    (iii) The refiner had a corporate-average crude oil capacity less 
than or equal to 155,000 barrels per calendar day (bpcd) for 2006.
    (2) For the purposes of this section, the term ``refiner'' shall 
include foreign refiners.
    (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 Information Administration (EIA) of the U.S. 
Department of Energy (DOE), for the period January 1, 2006 through 
December 31, 2006. The information submitted to EIA is presumed to be 
correct. In cases where a company disagrees with this information, the 
company may petition EPA with appropriate data to correct the record 
when the company submits its application.
    (vii) The verification letter must be signed by the president, chief 
operating or chief executive officer of the company, or his/her 
designee, stating that the information is true to the best of his/her 
knowledge, and that the company owned the refinery as of December 31, 
2006.
    (viii) Name, address, phone number, facsimile number, and e-mail 
address of a corporate contact person.
    (3) In the case of a refiner who acquires or reactivates a refinery 
that was shutdown or non-operational between January 1, 2005 and January 
1, 2006, the information required in paragraph (b)(2) of this section 
must be provided for the time period since the refiner acquired or 
reactivated the refinery.
    (4) [Reserved]
    (5) For foreign refiners the small refiner exemption shall be 
effective upon approval, by EPA, of a small refiner application. The 
application must contain all of the elements required for small refiner 
verification letters (as specified in paragraph (b)(2) of this section), 
must satisfy the provisions of Sec.  80.1465(f) through (h) and (o), 
must demonstrate compliance with the crude oil capacity criterion of 
paragraph (a)(1)(iii) of this section, and must be submitted by July 1, 
2010 to one of the addresses listed in paragraph (i) of this section.
    (c) Small refiner temporary exemption. (1) Transportation fuel 
produced by an small refiner pursuant to paragraph (b)(1) of this 
section, or an approved foreign small refiner (as defined at Sec.  
80.1465(a)), is exempt from January 1, 2010 through December 31, 2010 
from the renewable fuel standards of Sec.  80.1405 and the requirements 
that apply to obligated parties under this subpart if the refiner or 
foreign refiner meets all the criteria of paragraph (a)(1) of this 
section.
    (2) The small refiner exemption shall apply to a small refiner 
pursuant to paragraph (b)(1) of this section or an approved foreign 
small refiner unless that refiner chooses to waive this exemption (as 
described in paragraph (d) of this section).
    (d)(1) A refiner may, at any time, waive the small refiner exemption

[[Page 63]]

under paragraph (c) of this section upon notification to EPA.
    (2) A refiner's notice to EPA that it intends to waive the small 
refiner exemption must be received by November 1 of a given year in 
order for the waiver to be effective for the following calendar year. 
The waiver will be effective beginning on January 1 of the following 
calendar year, at which point the refiner will be subject to the 
renewable fuel standards of Sec.  80.1405 and the requirements that 
apply to obligated parties under this subpart.
    (3) The waiver must be sent to EPA at one of the addresses listed in 
paragraph (i) of this section.
    (e) Refiners who qualify as small refiners under this section and 
subsequently fail to meet all of the qualifying criteria as set out in 
paragraph (a) of this section are disqualified as small refiners of 
January 1 of the next calendar year, except as provided under paragraphs 
(d) and (e)(2) of this section.
    (1) In the event such disqualification occurs, the refiner shall 
notify EPA in writing no later than 20 days following the disqualifying 
event.
    (2) Disqualification under this paragraph (e) shall not apply in the 
case of a merger between two approved small refiners.
    (f) If EPA finds that a refiner provided false or inaccurate 
information in its small refiner status verification letter under this 
subpart M, the refiner will be disqualified as a small refiner as of the 
effective date of this subpart.
    (g) Any refiner that acquires a refinery from another refiner with 
approved small refiner status under paragraph (a) of this section shall 
notify EPA in writing no later than 20 days following the acquisition.
    (h) Extensions of the small refiner temporary exemption. (1) A small 
refiner may apply for an extension of the temporary exemption of 
paragraph (c)(1) of this section based on a showing of all the 
following:
    (i) Circumstances exist that impose disproportionate economic 
hardship on the refiner and significantly affects the refiner's ability 
to comply with the RFS standards.
    (ii) The refiner has made best efforts to comply with the 
requirements of this subpart.
    (2) A refiner must apply, and be approved, for small refiner status 
under this section.
    (3) A small refiner's hardship application must include all the 
following information:
    (i) A plan demonstrating how the refiner will comply with the 
requirements of Sec.  80.1405 (and all other requirements of this 
subpart applicable to obligated parties), as expeditiously as possible.
    (ii) A detailed description of the refinery configuration and 
operations including, at a minimum, all the following information:
    (A) The refinery's total crude capacity.
    (B) Total crude capacity of any other refineries owned by the same 
entity.
    (C) Total volume of gasoline and diesel produced at the refinery.
    (D) Detailed descriptions of efforts to comply.
    (E) Bond rating of the entity that owns the refinery.
    (F) Estimated investment needed to comply with the requirements of 
this subpart M.
    (4) A small refiner shall notify EPA in writing of any changes to 
its situation between approval of the extension application and the end 
of its approved extension period.
    (5) EPA may impose reasonable conditions on extensions of the 
temporary exemption, including reducing the length of such an extension, 
if conditions or situations change between approval of the application 
and the end of the approved extension period.
    (i) Small refiner status verification letters, small refiner 
exemption waivers, or applications for extensions of the small refiner 
temporary exemption under this section must be sent to the attention of 
``RFS Program'' to the address in Sec.  80.10(a).

[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]



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

    (a) Alaska or a United States territory may petition the 
Administrator to opt-in to the program requirements of this subpart.

[[Page 64]]

    (b) The Administrator will approve the petition if it meets the 
provisions of paragraphs (c) and (d) of this section.
    (c) The petition must be signed by the Governor of the state or his 
authorized representative (or the equivalent official of the territory).
    (d)(1) A petition submitted under this section must be received by 
EPA by November 1 for the state or territory to be included in the RFS 
program in the next calendar year.
    (2) A petition submitted under this section should be sent to the 
attention of ``RFS Program'' to the address in Sec.  80.10(a).
    (e) Upon approval of the petition by the Administrator:
    (1) EPA shall calculate the standards for the following year, 
including the total gasoline and diesel fuel volume for the state or 
territory in question.
    (2) Beginning on January 1 of the next calendar year, all gasoline 
and diesel fuel refiners and importers in the state or territory for 
which a petition has been approved shall be obligated parties as defined 
in Sec.  80.1406.
    (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 Sec.  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.

[75 FR 14863, Mar. 26, 2010, as amended at 85 FR 7077, Feb. 6, 2020]



Sec.  80.1444  Alternative RIN retirement schedule for small refineries.

    (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 Sec.  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 
Sec.  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 
Sec.  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 Sec.  
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 Sec.  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 Sec.  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 (RCO) or RCO delegate, as specified at 40 CFR 1090.800(d), of 
its intent to use the provisions of this section for the small refinery.
    (f) Alternative RIN retirement schedule. The obligated party must 
retire sufficient RINs to satisfy the minimum percentages of each and 
every RVO for the applicable compliance year (as determined under Sec.  
80.1407(a)) according to the following RIN retirement schedule:
    (1) For the 2020 compliance year:

[[Page 65]]



    Table 1 to Paragraph (f)(1)--2020 Compliance Year RIN Retirement
                                Schedule
------------------------------------------------------------------------
   Minimum 2020 RVOs percentage RIN
              retirement                            Deadline
------------------------------------------------------------------------
20...................................  February 1, 2023.
40...................................  May 1, 2023.
60...................................  August 1, 2023.
80...................................  November 1, 2023.
100..................................  February 1, 2024.
------------------------------------------------------------------------

    (2) [Reserved]
    (g) RIN vintages and retirements. (1) The obligated party may retire 
for compliance any valid RINs at the time of retirement towards the 
small refinery's RVOs for the applicable compliance year and is exempt 
from the requirements in Sec.  80.1427(a)(6)(i).
    (2) The obligated party must not retire for compliance any prior-
year RINs for the small refinery's RVOs after the applicable compliance 
deadline.
    (h) Deficit carry-forward for subsequent compliance years. The 
obligated party may not carry forward any deficit under Sec.  80.1427(b) 
for the small refinery for compliance years after the applicable 
compliance year until it has retired sufficient RINs to satisfy each and 
every RVO for the applicable compliance year in its entirety.
    (i) Forms and procedures. The obligated party must submit annual 
compliance reports and retire RINs under this section using forms and 
procedures specified by EPA under Sec. Sec.  80.1451(j) and 80.1452(d).

[87 FR 54166, Sept. 2, 2022]



Sec. Sec.  80.1445-80.1448  [Reserved]



Sec.  80.1449  What are the Production Outlook Report requirements?

    (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 Sec.  
80.10(a).
    (e) All production outlook reports required under this section shall 
be submitted on forms and following procedures prescribed by the 
Administrator.

[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]

[[Page 66]]



Sec.  80.1450  What are the registration requirements under the RFS
program?

    (a) Obligated parties and exporters. Any obligated party described 
in Sec.  80.1406, and any exporter of renewable fuel described in Sec.  
80.1430, 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, ethanol, or 
biointermediates that the producer intends to produce at the facility 
and that the facility is capable of producing without significant 
modifications to the existing facility. For each type of renewable fuel, 
ethanol, or biointermediate the renewable fuel producer or foreign 
ethanol producer must also provide all the following:
    (i)(A) A list of all the feedstocks and biointermediates the 
facility intends to utilize without significant modification to the 
existing facility.
    (B) A description of the type(s) of renewable biomass that will be 
used as feedstock material to produce the biointermediate, if 
applicable.
    (C) A list of the EPA-issued company and facility registration 
numbers of all biointermediate producers and biointermediate production 
facilities that will supply biointermediates for renewable fuel 
production.
    (ii) A description of the facility's renewable fuel, ethanol, or 
biointermediate production processes, including:
    (A) For registrations indicating production of cellulosic biofuel (D 
codes 3 or 7) from feedstocks other than biogas (including through 
pathways in rows K, L, M, and N of Table 1 to Sec.  80.1426), the 
producer must demonstrate the ability to convert cellulosic components 
of feedstock into fuel by providing all of the following:
    (1) A process diagram with all relevant unit processes labeled and a 
designation of which unit process is capable of performing cellulosic 
treatment, including required inputs and outputs at each step.
    (2) A description of the cellulosic biomass treatment process, 
including required inputs and outputs used at each step.
    (3) A description of the mechanical, chemical and biochemical 
mechanisms by which cellulosic materials can be converted to biofuel 
products.
    (B) For registrations indicating the production of any 
biointermediate, the biointermediate producer must provide all of the 
following:
    (1) For each biointermediate production facility, the company name, 
EPA company registration number, and EPA facility registration number of 
the renewable fuel producer and renewable fuel production facility at 
which the biointermediate produced from the

[[Page 67]]

biointermediate production facility will be transferred and used.
    (2) Copies of documents and corresponding calculations demonstrating 
production capacity of each biointermediate produced at the 
biointermediate production facility.
    (3) For each type of feedstock that the biointermediate producer 
intends to process the biointermediate producer must provide all the 
following:
    (i) A list of all the feedstocks the facility intends to utilize 
without significant modification to the existing facility.
    (ii) A description of the type(s) of renewable biomass that will be 
used as feedstock material to produce the biointermediate.
    (4) The approved pathway(s) that the biointermediate could be used 
in to produce renewable fuel.
    (iii) The type(s) of co-products produced with each type of 
renewable fuel, ethanol, or biointermediate.
    (iv) A process heat fuel supply plan that includes all of the 
following:
    (A) For all process heat fuel, provide all the following 
information:
    (1) Each type of process heat fuel used at the facility to produce 
the renewable fuel, ethanol, or biointermediate.
    (2) The name and address of the company supplying each process heat 
fuel to the renewable fuel facility, foreign ethanol facility, or 
biointermediate production facility.
    (B) For biogas used for process heat, provide all the following 
information:
    (1) Locations from which the biogas was produced or extracted.
    (2) Name of suppliers of all biogas the producer purchases for use 
for process heat in the facility.
    (3) An affidavit from the biogas supplier stating its intent to 
supply biogas to the renewable fuel producer, foreign ethanol producer, 
or biointermediate producer, and the quantity and energy content of the 
biogas that it intends to provide to the renewable fuel producer or 
foreign ethanol producer.
    (v) The following records that support the facility's baseline 
volume as defined in Sec.  80.1401 or, for foreign ethanol facilities, 
their production volume:
    (A) For all facilities except those described in paragraph 
(b)(1)(v)(B) of this section, copies of the most recent applicable air 
permits issued by the U.S. Environmental Protection Agency, state, local 
air pollution control agencies, or foreign governmental agencies and 
that govern the construction and/or operation of the renewable fuel or 
foreign ethanol facility.
    (B) For facilities claiming the exemption described in Sec.  
80.1403(c) or (d):
    (1) Applicable air permits issued by EPA, state, local air pollution 
control agencies, or foreign governmental agencies that govern the 
construction and/or operation of the renewable fuel facility that were:
    (i) Issued or revised no later than December 19, 2007, for 
facilities described in Sec.  80.1403(c); or
    (ii) Issued or revised no later than December 31, 2009, for 
facilities described in Sec.  80.1403(d).
    (2) If the air permits specified in paragraph (b)(1)(v)(B)(1) of 
this section do not specify the maximum rated annual volume output of 
renewable fuel, copies of documents demonstrating the facility's actual 
peak capacity.
    (C) For facilities not claiming the exemption described in Sec.  
80.1403(c) or (d) and that are exempt from air permit requirements or 
for which the maximum rated annual volume output of renewable fuel is 
not specified in their air permits, appropriate documentation 
demonstrating the facility's actual peak capacity or nameplate capacity.
    (D) For all facilities producing renewable electricity or other 
renewable fuel from biogas, submit all relevant information in Sec.  
80.1426(f)(10) or (11), including:
    (1) Copies of all contracts or affidavits, as applicable, that 
follow the track of the biogas/CNG/LNG or renewable electricity from its 
original source, to the producer that processes it into renewable fuel, 
and finally to the end user that will actually use the renewable 
electricity or the renewable CNG/LNG for transportation purposes.
    (2) Specific quantity, heat content, and percent efficiency of 
transfer, as applicable, and any conversion factors, for the renewable 
fuel derived from biogas.

[[Page 68]]

    (E) Any other records as requested by the Administrator.
    (vi) For facilities claiming the exemption described in Sec.  
80.1403(c) or (d), evidence demonstrating the date that construction 
commenced (as defined in Sec.  80.1403(a)(1)) including all of the 
following:
    (A) Contracts with construction and other companies.
    (B) Applicable air permits issued by the U.S. Environmental 
Protection Agency, state, local air pollution control agencies, or 
foreign governmental agencies that governed the construction and/or 
operation of the renewable fuel facility during construction and when 
first operated.
    (vii)(A) For a renewable fuel producer, foreign ethanol producer, or 
biointermediate producer using separated yard waste:
    (1) The location of any establishment from which the waste stream 
consisting solely of separated yard waste is collected.
    (2) A plan documenting how the waste will be collected and how the 
renewable fuel producer or foreign ethanol producer will conduct ongoing 
verification that such waste consists only of yard waste (and incidental 
other components such as paper and plastics) that is kept separate since 
generation from other waste materials.
    (B) For a renewable fuel producer, foreign ethanol producer, or 
biointermediate producer using separated food waste:
    (1) A plan documenting the type(s) of separated food waste or 
biogenic waste oils/fats/greases, the type(s) of establishment from 
which the waste is collected, how the waste will be collected, a 
description of ongoing verification measures that demonstrate such waste 
consists only of food waste (and an incidental amount of other 
components such as paper and plastics) or biogenic waste oils/fats/
greases that is kept separate from other waste materials, and if 
applicable, how the cellulosic and non-cellulosic portions of the waste 
will be quantified.
    (2) [Reserved]
    (viii) For a renewable fuel producer, foreign ethanol producer, or 
biointermediate producer using separated municipal solid waste:
    (A) The location of the municipal waste establishment(s) from which 
the separated municipal solid waste is collected or from which material 
is collected that will be processed to produce separated municipal solid 
waste.
    (B) A plan providing ongoing verification that there is separation 
of recyclable paper, cardboard, plastics, rubber, textiles, metals, and 
glass wastes to the extent reasonably practicable and which documents 
the following:
    (1) Extent and nature of recycling that occurred prior to receipt of 
the waste material by the renewable fuel producer, foreign ethanol 
producer, or biointermediate producer;
    (2) Identification of available recycling technology and practices 
that are appropriate for removing recycling materials from the waste 
stream by the fuel producer, foreign ethanol producer, or 
biointermediate producer; and
    (3) Identification of the technology or practices selected for 
implementation by the fuel producer, foreign ethanol producer, or 
biointermediate producer including an explanation for such selection, 
and reasons why other technologies or practices were not.
    (C) Contracts relevant to materials recycled from municipal waste 
streams as described in Sec.  80.1426(f)(5)(iii).
    (D) Certification by the producer that recycling is conducted in a 
manner consistent with goals and requirements of applicable State and 
local laws relating to recycling and waste management.
    (ix)(A) For a producer of ethanol from grain sorghum or a foreign 
ethanol producer making product from grain sorghum and seeking to have 
it sold as renewable fuel after addition of ethanol denaturant, provide 
a plan that has been submitted and accepted by U.S. EPA that includes 
the following information:
    (1) Locations from which the biogas used at the facility was 
produced or extracted.
    (2) Name of suppliers of all biogas used at the facility.
    (3) An affidavit from each biogas supplier stating its intent to 
supply biogas to the renewable fuel producer or foreign ethanol 
producer, the quantity

[[Page 69]]

and energy content of the biogas that it intends to provide to the 
renewable fuel producer or foreign ethanol producer, and that the biogas 
will be derived solely from landfills, waste treatment plants, and/or 
waste digesters.
    (4) If the producer intends to generate advanced biofuel RINs, 
estimates of the total amount of electricity used from the grid, the 
total amount of ethanol produced, and a calculation of the amount of 
electricity used from the grid per gallon of ethanol produced.
    (5) If the producer intends to generate advanced biofuel RINs, a 
description of how the facility intends to demonstrate and document that 
not more than 0.15 kWh of grid electricity is used per gallon of ethanol 
produced, calculated on a per batch basis, at the time of RIN 
generation.
    (B) [Reserved]
    (x)(A) For a producer of renewable fuel made from Arundo donax or 
Pennisetum purpureum per Sec.  80.1426(f)(14)(i):
    (1) A Risk Mitigation Plan (Plan) that demonstrates the growth of 
Arundo donax or Pennisetum purpureum will not pose a significant 
likelihood of spread beyond the planting area of the feedstock used for 
production of the renewable fuel. The Plan must identify and incorporate 
best management practices (BMPs) into the production, management, 
transport, collection, monitoring, and processing of the feedstock. To 
the extent practicable, the Risk Mitigation Plan should utilize a Hazard 
Analysis Critical Control Point (HACCP) approach to examine each phase 
of the pathway to identify spread reduction steps. BMPs should include 
the development of mitigation strategies and plans to minimize escape 
and other impacts (e.g., minimize soil disturbance), incorporate 
desirable traits (e.g., sterility or reduced seed production), develop 
and implement dispersal mitigation protocols prior to cultivation, 
develop multiple year eradication controls. Eradication controls should 
follow an approach of early detection and rapid response (EDRR) to 
unintended spread. EDRR efforts should demonstrate the likelihood that 
invasions will be halted while still localized and identify and employ 
cooperative networks, communication forums, and consultation processes 
with federal, state, and local agencies. The Risk Mitigation Plan must 
provide for the following:
    (i) Monitoring and reporting data for a period prior to planting 
that is sufficient to establish a baseline, through crop production, and 
extending beyond crop production for a sufficient period after the field 
is no longer used for feedstock production to ensure no remnants of 
giant reed or napier grass survive or spread.
    (ii) Monitoring must include the area encompassing the feedstock 
growing areas, the transportation corridor between the growing areas and 
the renewable fuel production facility, and the renewable fuel 
production facility, extending to the distance of potential propagation 
of the feedstock species, or further if necessary.
    (iii) Monitoring must reflect the likelihood of spread specific to 
the feedstock.
    (iv) A closure plan providing for the destruction and removal of 
feedstock from the growing area upon abandonment by the feedstock grower 
or end of production.
    (v) A plan providing for an independent third party who will audit 
the monitoring and reporting conducted in accordance with the Plan on an 
annual basis, subject to approval of a different frequency by EPA.
    (2) A letter from the United States Department of Agriculture 
(``USDA'') to the renewable fuel producer stating USDA's conclusions and 
the bases therefore regarding whether the Arundo donax or Pennisetum 
purpureum does or does not present a significant likelihood of spread 
beyond the planting area of the feedstock used for production of the 
renewable fuel as proposed by the producer. This letter shall also 
include USDA's recommendation of whether it is appropriate to require 
the use of a financial mechanism to ensure the availability of financial 
resources sufficient to cover reasonable potential remediation costs 
associated with the invasive spread of giant reed or napier grass beyond 
the intended planting areas. In coordination with USDA, EPA shall 
identify for the producer the appropriate USDA office from which the 
letter should originate.

[[Page 70]]

    (3) Identification of all federal, state, regional, and local 
requirements related to invasive species that are applicable for the 
feedstock at the growing site and at all points between the growing site 
and the fuel production site.
    (4) A copy of all state and local growing permits held by the 
feedstock grower.
    (5) A communication plan for notifying EPA's Office of 
Transportation and Air Quality, USDA, adjacent federal land management 
agencies, and any relevant state, tribal, regional, and local 
authorities as soon as possible after identification of the issue if the 
feedstock is detected outside planted area.
    (6) A copy of the agreement between the feedstock grower and fuel 
producer establishing all rights and duties of the parties related to 
the Risk Mitigation Plan and any other activities and liability 
associated with the prevention of the spread of Arundo donax and/or 
Pennisetum purpureum outside of the intended planting area.
    (7) A copy of the agreement between the fuel producer and an 
independent third party describing how the third party will audit the 
monitoring and reporting conducted in accordance with the Risk 
Mitigation Plan on an annual basis, subject to approval of a different 
timeframe by EPA.
    (8) Information on the financial resources or other financial 
mechanism (such as a state-administered fund, bond, or certificate of 
deposit) that would be available to finance reasonable remediation 
activities associated with the potential spread of giant reed or napier 
grass beyond the intended planting areas, and information on whether it 
is necessary to have any further such resources or mechanism. EPA may 
require a demonstration that there is an adequate financial mechanism 
(such as a state-administered fund, bond, or certificate of deposit) to 
ensure the availability of financial resources sufficient to cover 
reasonable potential remediation costs associated with the spread of 
giant reed or napier grass beyond the intended planting areas.
    (9) EPA may require additional information as appropriate.
    (B) For a producer of renewable fuel made from Arundo donax or 
Pennisetum purpureum per Sec.  80.1426(f)(14)(ii):
    (1) Clear and compelling evidence, including information and 
supporting data, demonstrating that Arundo donax or Pennisetum purpureum 
does not present a significant likelihood of spread beyond the planting 
area of the feedstock used for production of the renewable fuel. 
Evidence must include data collected from similar environments (soils, 
temperatures, precipitation, USDA Hardiness Zones) as the proposed 
feedstock production project site and accepted by the scientific 
community. Such a demonstration should include consideration of the 
elements of a Risk Mitigation Plan set forth in paragraph (b)(1)(x)(A) 
of this section, fully disclose the potential invasiveness of the 
feedstock, provide a closure plan for the destruction and removal of 
feedstock from the growing area upon abandonment by the feedstock grower 
or end of production, and explain why a Risk Mitigation Plan is not 
needed to make the required determination.
    (2) A letter from the United States Department of Agriculture 
(``USDA'') to the renewable fuel producer stating USDA's conclusions and 
the bases therefore regarding whether the Arundo donax or Pennisetum 
purpureum does or does not present a significant likelihood of spread 
beyond the planting area of the feedstock used for production of the 
renewable fuel as proposed by the producer or importer. In coordination 
with USDA, EPA shall identify for the producer the appropriate USDA 
office from which the letter should originate.
    (C) EPA may suspend a producer's registration for purposes of 
generating RINs for renewable fuel using Arundo donax or Pennisetum 
purpureum as a feedstock if such feedstock has spread beyond the 
intended planting area.
    (xi) For a producer of fuel oil meeting paragraph (2) of the 
definition of heating oil in Sec.  80.1401:
    (A) An affidavit from the producer of the fuel oil meeting paragraph 
(2) of the definition of ``heating oil'' in Sec.  80.1401 stating that 
the fuel oil for which RINs have been generated will be

[[Page 71]]

sold for the purposes of heating or cooling interior spaces of homes or 
buildings to control ambient climate for human comfort, and no other 
purpose.
    (B) Affidavits from the final end user or users of the fuel oil 
stating that the fuel oil meeting paragraph (2) of the definition of 
``heating oil'' in Sec.  80.1401 is being used or will be used for 
purposes of heating or cooling interior spaces of homes or buildings to 
control ambient climate for human comfort, and no other purpose, and 
acknowledging that any other use of the fuel oil would violate EPA 
regulations and subject the user to civil and/or criminal penalties 
under the Clean Air Act.
    (xii) For a producer or importer of any renewable fuel other than 
ethanol, biodiesel, renewable gasoline, renewable diesel that meets the 
Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by 
reference, see Sec.  80.1468), biogas, or renewable electricity, all the 
following:
    (A) A description of the renewable fuel and how it will be blended 
to into gasoline or diesel fuel to produce a transportation fuel, 
heating oil or jet fuel that meets all applicable standards.
    (B) A statement regarding whether the renewable fuel producer or 
importer will blend the renewable fuel into gasoline or diesel fuel or 
enter into a written contract for the sale and use of a specific 
quantity of the renewable fuel with a party who blends the fuel into 
gasoline or distillate fuel to produce a transportation fuel, heating 
oil, or jet fuel that meets all applicable standards under this part and 
40 CFR part 1090.
    (C) If the renewable fuel producer or importer enters into a written 
contract for the sale and use of a specific quantity of the renewable 
fuel with a party who blends the fuel into gasoline or distillate fuel 
to produce a transportation fuel, heating oil, or jet fuel, provide all 
the following:
    (1) The name, location and contact information for the party that 
will blend the renewable fuel.
    (2) A copy of the contract that requires the party to blend the 
renewable fuel into gasoline or diesel fuel to produce a transportation 
fuel, heating oil or jet fuel that meets all applicable standards.
    (xiii)(A) A renewable fuel producer seeking to generate D code 3 or 
D code 7 RINs, a foreign ethanol producer seeking to have its product 
sold as cellulosic biofuel after it is denatured, or a biointermediate 
producer seeking to have its biointermediate made into cellulosic 
biofuel, who intends to produce a single type of fuel using two or more 
feedstocks converted simultaneously, where at least one of the 
feedstocks does not have a minimum 75% average adjusted cellulosic 
content, and who uses only a thermochemical process to convert feedstock 
into renewable fuel, must provide all the following:
    (1) Data showing the average adjusted cellulosic content of the 
feedstock(s) to be used to produce fuel or biointermediate, based on the 
average of at least three representative samples. Cellulosic content 
data must come from an analytical method certified by a voluntary 
consensus standards body or using a method that would produce reasonably 
accurate results as demonstrated through peer reviewed references 
provided to the third party engineer performing the engineering review 
at registration. Samples must be of representative feedstock from the 
primary feedstock supplier that will provide the renewable fuel or 
biointermediate producer with feedstock subsequent to registration.
    (2) For renewable fuel and biointermediate producers who want to use 
a new feedstock(s) after initial registration, updates to their 
registration under paragraph (d) of this section indicating the average 
adjusted cellulosic content of the new feedstock.
    (3) For renewable fuel producers already registered as of August 18, 
2014, to produce a single type of fuel that qualifies for D code 3 or D 
code 7 RINs (or would do so after denaturing) using two or more 
feedstocks converted simultaneously using only a thermochemical process, 
the information specified in this paragraph (b)(1)(xiii)(A) shall be 
provided at the next required registration update under paragraph (d) of 
this section.
    (B) A renewable fuel producer seeking to generate D code 3 or D code 
7

[[Page 72]]

RINs, a foreign ethanol producer seeking to have its product sold as 
cellulosic biofuel after it is denatured, or a biointermediate producer 
seeking to have its biointermediate made into cellulosic biofuel, who 
intends to produce a single type of fuel using two or more feedstocks 
converted simultaneously, where at least one of the feedstocks does not 
have a minimum 75% adjusted cellulosic content, and who uses a process 
other than a thermochemical process or a combination of processes to 
convert feedstock into renewable fuel or biointermediate, must provide 
all the following:
    (1) The expected overall fuel or biointermediate yield, calculated 
as the total volume of fuel produced per batch (e.g., cellulosic biofuel 
plus all other fuel) divided by the total feedstock mass per batch on a 
dry weight basis (e.g., cellulosic feedstock plus all other feedstocks).
    (2) The cellulosic Converted Fraction (CF) that will be used for 
generating RINs under Sec.  80.1426(f)(3)(vi).
    (3) Chemical analysis data supporting the calculated cellulosic 
Converted Fraction and a discussion of the possible variability that 
could be expected between reporting periods per Sec.  
80.1451(b)(1)(ii)(U)(1). Data used to calculate the cellulosic CF must 
be representative and obtained using an analytical method certified by a 
voluntary consensus standards body, or using a method that would produce 
reasonably accurate results as demonstrated through peer reviewed 
references provided to the third party engineer performing the 
engineering review at registration.
    (4) A description and calculations showing how the data were used to 
determine the cellulosic Converted Fraction.
    (5) For renewable fuel producers already registered as of August 18, 
2014, to produce a single type of fuel that qualifies for D code 3 or D 
code 7 RINs (or would do so after denaturing) using two or more 
feedstocks converted simultaneously using a combination of processes or 
a process other than a thermochemical process, the information specified 
in this paragraph (b)(1)(xiii)(B) shall be provided at the next required 
registration update under paragraph (d) of this section.
    (xiv) For a producer of cellulosic biofuel made from energy cane, or 
a foreign renewable fuel producer making ethanol from energy cane and 
seeking to have it sold after denaturing as cellulosic biofuel, provide 
all of the following:
    (A) Data showing that the average adjusted cellulosic content of 
each cane cultivar they intend to use is at least 75%, based on the 
average of at least three representative samples of each cultivar. 
Cultivars must be grown under normal growing conditions and consistent 
with acceptable farming practices. Samples must be of feedstock from a 
feedstock supplier that the fuel producer intends to use to supply 
feedstock for their production process and must represent the feedstock 
supplier's range of growing conditions and locations. Cellulosic content 
data must come from an analytical method certified by a voluntary 
consensus standards body or using a method that would produce reasonably 
accurate results as demonstrated through peer reviewed references 
provided to the third party engineer performing the engineering review 
at registration.
    (B) Producers that want to change or add new cultivar(s) after 
initial registration must update their registration and provide EPA with 
data in accordance with paragraph (d) of this section demonstrating that 
the average adjusted cellulosic content for any new cultivar is at least 
75%. Cultivars that do not meet this requirement are considered 
sugarcane for purposes of Table 1 to Sec.  80.1426.
    (xv) For a producer of cellulosic biofuel made from crop residue, a 
foreign ethanol producer making ethanol from crop residue and seeking to 
have it sold after denaturing as cellulosic biofuel, or a 
biointermediate producer producing a biointermediate for use in the 
production of a cellulosic biofuel made from crop residue, provide all 
the following information:
    (A) A list of all feedstocks the producer intends to utilize as crop 
residue.
    (B) A written justification which explains why each feedstock a 
producer lists according to paragraph (b)(1)(xv)(A) of this section 
meets the

[[Page 73]]

definition of ``crop residue'' per Sec.  80.1401.
    (C) For producers already registered as of August 18, 2014 to 
produce a renewable fuel using crop residue, the information specified 
in this paragraph (b)(1)(xv) shall be provided at the next required 
registration update under paragraph (d) of this section.
    (xvi) For FFA feedstock, the biointermediate producer must provide a 
description of how the biointermediate producer will determine FFA 
concentration.
    (2) An independent third-party engineering review and written report 
and verification of the information provided pursuant to paragraph 
(b)(1) of this section. The report and verification shall be based upon 
a site visit and review of relevant documents and shall separately 
identify each item required by paragraph (b)(1) of this section, 
describe how the independent third-party evaluated the accuracy of the 
information provided, state whether the independent third-party agrees 
with the information provided, and identify any exceptions between the 
independent third-party's findings and the information provided.
    (i) The verifications required under this section must be conducted 
by a professional engineer, as specified in paragraphs (b)(2)(i)(A) and 
(b)(2)(i)(B) of this section, who is an independent third-party. The 
verifying engineer must be:
    (A) For a domestic renewable fuel production facility, a foreign 
ethanol production facility, or a biointermediate production facility, a 
professional engineer who is licensed by an appropriate state agency in 
the United States, with professional work experience in the chemical 
engineering field or related to renewable fuel production.
    (B) For a foreign renewable fuel or foreign biointermediate 
production facility, an engineer who is a foreign equivalent to a 
professional engineer licensed in the United States with professional 
work experience in the chemical engineering field or related to 
renewable fuel production.
    (ii) To be considered an independent third-party under this 
paragraph (b)(2):
    (A) The third-party shall not be operated by the renewable fuel 
producer, foreign ethanol producer, or biointermediate producer, or any 
subsidiary or employee of the renewable fuel producer foreign ethanol 
producer, or biointermediate producer.
    (B) The third-party shall be free from any interest in the renewable 
fuel producer, foreign ethanol producer, or biointermediate producer's 
business.
    (C) The renewable fuel producer, foreign ethanol producer, or 
biointermediate producer shall be free from any interest in the third-
party's business.
    (D) Use of a third-party that is debarred, suspended, or proposed 
for debarment pursuant to the Government-wide Debarment and Suspension 
regulations, 40 CFR part 32, or the Debarment, Suspension and 
Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR, 
part 9, subpart 9.4, shall be deemed noncompliance with the requirements 
of this section.
    (iii) The independent third-party shall retain all records 
pertaining to the verification required under this section for a period 
of five years from the date of creation and shall deliver such records 
to the Administrator upon request.
    (iv) The renewable fuel producer, foreign ethanol producer, or 
biointermediate producer must retain records of the review and 
verification, as required in Sec.  80.1454(b)(6) or (i)(4), as 
applicable.
    (v) The third-party must provide to EPA documentation of his or her 
qualifications as part of the engineering review, including proof of 
appropriate professional license or foreign equivalent.
    (vi) Owners and operators of facilities described in Sec.  
80.1403(c) and (d) must submit the engineering review no later than 
December 31, 2010.
    (c) Importers. Importers of renewable fuel 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 
an EPA-issued company identification number prior to generating or 
owning RINs. Registration information must be submitted and accepted by 
EPA by July 1, 2010, or

[[Page 74]]

60 days prior to an importer importing any renewable fuel with assigned 
RINs or generating any RINs for renewable fuel, whichever dates comes 
later.
    (d) Registration updates. (1)(i)(A) Any renewable fuel producer or 
any foreign ethanol producer that makes changes to their facility that 
will allow them to produce renewable fuel or use a biointermediate that 
is not reflected in the producer's registration information on file with 
EPA must update their registration information and submit a copy of an 
updated independent third-party engineering review on file with EPA at 
least 60 days prior to producing the new type of renewable fuel.
    (B) Any biointermediate producer who makes changes to their 
biointermediate production facility that will allow them to produce a 
biointermediate for use in the production of a renewable fuel that is 
not reflected in the biointermediate producer's registration information 
on file with EPA must update their registration information and submit a 
copy of an updated independent third-party engineering review on file 
with EPA at least 60 days prior to producing the new biointermediate for 
use in the production of the renewable fuel.
    (ii) The renewable fuel producer, foreign ethanol producer, or 
biointermediate producer may also submit an addendum to the independent 
third-party engineering review on file with EPA provided the addendum 
meets all the requirements in paragraph (b)(2) of this section and 
verifies for EPA the most up-to-date information at the producer's 
existing facility.
    (2)(i) Any renewable fuel producer or any foreign ethanol producer 
that makes any other changes to a facility that will affect the 
producer's registration information but will not affect the renewable 
fuel category for which the producer is registered per paragraph (b) of 
this section must update their registration information 7 days prior to 
the change.
    (ii)(A) Any biointermediate producer that makes any other changes to 
a biointermediate production facility that will affect the 
biointermediate producer's registration must update their registration 
information 7 days prior to the change.
    (B)(1) Any biointermediate producer that intends to change the 
designated renewable fuel production facility under paragraph 
(b)(1)(ii)(B)(1) of this section for one of its biointermediate 
production facilities must update their registration information with 
EPA at least 30 days prior to transferring the biointermediate to the 
newly designated renewable fuel production facility.
    (2) A biointermediate producer may only change the designated 
renewable fuel production facility under paragraph (b)(1)(ii)(B)(1) of 
this section for each biointermediate production facility one time per 
calendar year unless EPA, in its sole discretion, allows the 
biointermediate producer to change the designated renewable fuel 
production facility more frequently.
    (3) All renewable fuel producers, foreign ethanol producers, and 
biointermediate producers must update registration information and 
submit an updated independent third-party engineering review according 
to the schedule in paragraph (d)(3)(i) or (ii) of this section, and 
include the information specified in paragraph (d)(3)(iii) or (iv) of 
this section, as applicable:
    (i) For all renewable fuel producers and foreign ethanol producers 
registered in calendar year 2010, the updated registration information 
and independent third-party engineering review must be submitted to EPA 
by January 31, 2013, and by January 31 of every third calendar year 
thereafter; or
    (ii) For all renewable fuel producers, foreign ethanol producers, 
and biointermediate producers registered in any calendar year after 
2010, the updated registration information and independent third-party 
engineering review must be submitted to EPA by January 31 of every third 
calendar year after the first year of registration.
    (iii) For all renewable fuel producers, in addition to conducting 
the engineering review and written report and verification required by 
paragraph (b)(2) of this section, the updated independent third-party 
engineering review must include a detailed review of the renewable fuel 
producer's calculations used to determine VRIN of a 
representative sample of batches of each type of renewable fuel produced 
since the last

[[Page 75]]

registration. The representative sample must be selected in accordance 
with the sample size guidelines set forth at 40 CFR 1090.1805.
    (iv) For biointermediate producers, in addition to conducting the 
engineering review and written report and verification required by 
paragraph (b)(2) of this section, the updated independent third-party 
engineering review must include a detailed review of the biointermediate 
producer's calculations used to determine the renewable biomass and 
cellulosic renewable biomass proportions, as required to be reported to 
EPA under Sec.  80.1451(j), of a representative sample of batches of 
each type of biointermediate produced since the last registration. The 
representative sample must be selected in accordance with the sample 
size guidelines set forth at 40 CFR 1090.1805.
    (e) Any party who owns RINs, intends to own RINs, or intends to 
allow another party to separate RINs as per Sec.  80.1440, but who is 
not covered by paragraph (a), (b), or (c) of this section, 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 an EPA-issued company identification number prior to owning any 
RINs. Registration information must be submitted at least 30 days prior 
to RIN ownership.
    (f) Registration for any facility claiming an exemption under Sec.  
80.1403(c) or (d), must be submitted by July 1, 2013. EPA may in its 
sole discretion waive this requirement if it determines that the 
information submitted in any later registration can be verified by EPA 
in the same manner as would have been possible with a timely submission.
    (g) Independent third-party auditors. Any independent third-party 
auditor described in Sec.  80.1471 must register with the EPA as an 
independent third-party auditor and receive an EPA issued company 
identification number prior to conducting quality assurance audits 
pursuant to Sec.  80.1472. Registration information must be submitted at 
least 30 days prior to conducting audits of renewable fuel production or 
biointermediate production facilities. The independent third-party 
auditor must provide to the EPA all the following:
    (1) The information specified under 40 CFR 1090.805, if such 
information has not already been provided under the provisions of this 
part.
    (2) Documentation of professional qualifications as follows:
    (i) For a professional engineer as described in Sec.  
80.1450(b)(2)(i)(A) and (b)(2)(i)(B).
    (ii) For a domestic independent third-party auditor or a foreign 
independent third-party auditor, a certified public accountant who is 
licensed by an appropriate state agency in the United States.
    (iii) For a foreign independent third-party auditor, an accountant 
who is a foreign equivalent to a certified public accountant licensed in 
the United States.
    (3) Documentation of professional liability insurance as described 
in Sec.  80.1471(c).
    (4) Any quality assurance plans as described in Sec.  80.1469.
    (5) List of audited producers. Name, address, and company and 
facility identification numbers of all renewable fuel production or 
biointermediate production facilities that the independent third-party 
auditor intends to audit under Sec.  80.1472.
    (6) Audited producer associations. An affidavit, or electronic 
consent, from each renewable fuel producer, foreign renewable fuel 
producer, or biointermediate producer stating its intent to have the 
independent third-party auditor conduct a quality assurance audit of any 
of the renewable fuel producer's or foreign renewable fuel producer's 
facilities.
    (7) Independence affidavits. An affidavit stating that an 
independent third-party auditor and its contractors and subcontractors 
are independent, as described in Sec.  80.1471(b), of any renewable fuel 
producer, foreign renewable fuel producer, or biointermediate producer.
    (8) The name and contact information for each person employed (or 
under contract or subcontract) by the independent third-party auditor to 
conduct audits or verify RINs, as well as the name and contact 
information for any professional engineer and certified

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public accountant performing the review.
    (9) Registration updates. (i) Any independent third-party auditor 
who makes changes to its quality assurance plan(s) that will allow it to 
audit new renewable fuel production or biointermediate production 
facilities that is not reflected in the independent third-party 
auditor's registration information on file with EPA must update its 
registration information and submit a copy of an updated QAP on file 
with EPA at least 60 days prior to auditing new renewable fuel 
production or biointermediate production facilities.
    (ii) Any independent third-party auditor who makes any changes other 
than those specified in paragraphs (g)(9)(i), (iii), and (iv) of this 
section that will affect the third-party auditor's registration 
information must update its registration information 7 days prior to the 
change.
    (iii) Independent third-party auditors must update their QAPs at 
least 60 days prior to verifying RINs generated or biointermediate 
produced by a renewable fuel or biointermediate production facility, 
respectively, for a pathway not covered in the independent third-party 
auditor's QAPs.
    (iv) Independent third-party auditors must update their QAPs at 
least 60 days prior to verifying RINs generated or biointermediate 
produced by any renewable fuel or biointermediate production facility 
not identified in the independent third-party auditor's existing 
registration.
    (10) Registration renewal. Registrations for independent third-party 
auditors expire December 31 of each calendar year. Previously approved 
registrations will renew automatically if all the following conditions 
are met:
    (i) The independent third-party auditor resubmits all information, 
updated as necessary, described in Sec.  80.1450(g)(1) through (g)(7) no 
later than October 31 before the next calendar year.
    (ii) The independent third-party auditor submits an affidavit 
affirming that he or she has only verified RINs and biointermediates 
using a QAP approved under Sec.  80.1469, notified all appropriate 
parties of all potentially invalid RINs as described in Sec.  
80.1471(d), and fulfilled all of his or her RIN replacement obligations 
under Sec.  80.1474.
    (iii) The auditor has not received a notice of deficiency from the 
EPA regarding its registration renewal materials.
    (11) Revocation of registration. (i) The Administrator may issue a 
notice of intent to revoke the registration of a third-party auditor if 
the Administrator determines that the auditor has failed to fulfill any 
requirement of this subpart. The notice of intent shall include an 
explanation of the reasons for the proposed revocation.
    (ii) Within 60 days of receipt of the notice of intent to revoke, 
the independent third-party auditor may submit written comments 
concerning the notice, including but not limited to a demonstration of 
compliance with the requirements which provide the basis for the 
proposed revocation. Communications should be sent to the EMTS support 
line ([email protected]). The Administrator shall review and 
consider any such submission before taking final action concerning the 
proposed revocation.
    (iii) If the auditor fails to respond in writing within 60 days to 
the notice of intent to revoke, the revocation shall become final by 
operation of law and the Administrator shall notify the independent 
third-party auditor of such revocation.
    (h) Deactivation of registration. (1) EPA may deactivate the 
registration of any party required to register under this section Sec.  
80.1450, using the process in paragraph (h)(2) of this section, if any 
of the following criteria are met:
    (i) Unless the party is a biointermediate producer, the party has 
reported no activity in EMTS for twenty-four consecutive months.
    (ii) The party has failed to comply with the registration 
requirements of this section.
    (iii) The party has failed to submit any required notification or 
report within 30 days of the required submission date under Sec.  
80.1451.
    (iv) The attest engagement required under Sec.  80.1464 has not been 
received within 30 days of the required submission date.

[[Page 77]]

    (v) The party fails to pay a penalty or to perform any requirements 
under the terms of a court order, administrative order, consent decree, 
or administrative settlement between the party and EPA.
    (vi) The party submits false or incomplete information.
    (vii) The party denies EPA access or prevents EPA from completing 
authorized activities under sections 114 or 208 of the Clean Air Act 
despite presenting a warrant or court order. This includes a failure to 
provide reasonable assistance.
    (viii) The party fails to keep or provide the records required by 
this subpart.
    (ix) The party otherwise circumvents the intent of the Clean Air Act 
or of this subpart.
    (2) Except as provided in paragraph (h)(3) of this section, EPA will 
use the following process whenever it decides to deactivate the 
registration of a party:
    (i) EPA will provide written notification to the responsible 
corporate officer identifying the reasons or deficiencies for which EPA 
intends to deactivate the party's registration. The party will have 30 
calendar days from the date of the notification to correct the 
deficiencies identified or explain why there is no need for corrective 
action.
    (ii) If the basis for EPA's notice of intent to deactivate 
registration is the absence of EMTS activity under paragraph (h)(1)(i) 
of this section, a stated intent to engage in activity reported through 
EMTS will be sufficient to avoid deactivation of registration.
    (iii) If the party does not correct identified deficiencies under 
paragraphs (h)(1)(ii) through (ix) of this section, or does not provide 
an adequate explanation regarding why such correction is not necessary 
within the time allotted for response, EPA may deactivate the party's 
registration without further notice to the party.
    (3) In instances of willfulness or those in which public health, 
interest, or safety requires otherwise, EPA may deactivate the 
registration of the party without any notice to the party. EPA will 
provide written notification to the responsible corporate officer 
identifying the reasons EPA deactivated the registration of the party.
    (4) Impact of registration deactivation:
    (i) A party whose registration is deactivated shall still be liable 
for violation of any requirements of this subpart.
    (ii) A party whose registration is deactivated will not be listed on 
any public list of actively registered parties that is maintained by 
EPA.
    (iii) A party whose registration is deactivated will not have access 
to any of the electronic reporting systems associated with the renewable 
fuel standard program, including the EPA Moderated Transaction System 
(EMTS).
    (iv) A party whose registration is deactivated must submit any 
corrections of deficiencies to EPA on forms, and following policies, 
established by EPA.
    (v) If a party whose registration has been deactivated wishes to re-
register, they may seek to do so by submitting a new registration 
pursuant to the requirements in paragraphs (a) through (c), (e), and (g) 
of this section, as applicable.
    (i) Registration procedures. (1) Registration shall be on forms, and 
following policies, established by the Administrator.
    (2) English language registrations--Any document submitted to EPA 
under this section must be submitted in English, or shall include an 
English translation.

[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]



Sec.  80.1451  What are the reporting requirements under the RFS program?

    (a) Obligated parties and exporters. Any obligated party described 
in Sec.  80.1406 or exporter of renewable fuel described in Sec.  
80.1430 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.

[[Page 78]]

    (ii) The EPA company registration number.
    (iii) Whether the domestic refiner, as defined in Sec.  80.1406, is 
complying on a corporate (aggregate) or facility-by-facility basis.
    (iv) The EPA facility registration number, if complying on a 
facility-by-facility basis.
    (v)(A) For the 2010 through 2019 compliance periods, the production 
volume and import volume of all of the products listed in Sec.  
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 Sec.  
80.1407(c), the production volume and import volume of all of the MVNRLM 
diesel fuel products listed in Sec.  80.1407(e), and the combined volume 
of all gasoline products and MVNRLM diesel fuel listed in Sec.  
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 Sec.  80.1407(c).
    (2) All of the MVNRLM diesel fuel products listed in Sec.  
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 defined in Sec.  80.1427(a) for obligated parties 
and Sec.  80.1430(b) for exporters of renewable fuel, for the reporting 
year.
    (vii) Any deficit RVOs carried over from the previous year.
    (viii) The total current-year RINs by category of renewable fuel, as 
those fuels are defined in Sec.  80.1401 (i.e., cellulosic biofuel, 
biomass-based diesel, advanced biofuel, renewable fuel, and cellulosic 
diesel), retired for compliance.
    (ix) The total prior-year RINs by renewable fuel category, as those 
fuels are defined in Sec.  80.1401, retired for compliance.
    (x) The total cellulosic biofuel waiver credits used to meet the 
party's cellulosic biofuel RVO.
    (xi) A list of all RINs generated prior to July 1, 2010 that were 
retired for compliance in the reporting period.
    (xii) Any deficit RVO(s) carried into the subsequent year.
    (xiii) Any additional information that the Administrator may 
require.
    (xiv)-(xv) [Reserved]
    (xvi) The total current-year RINs by category of renewable fuel, as 
those fuels are defined in Sec.  80.1401 (i.e., cellulosic biofuel, 
biomass-based diesel, advanced biofuel, renewable fuel, and cellulosic 
diesel), retired for compliance that are invalid as defined in Sec.  
80.1431(a).
    (xvii) The total prior-year RINs by renewable fuel category, as 
those fuels are defined in Sec.  80.1401, retired for compliance that 
are invalid as defined in Sec.  80.1431(a).
    (xviii) A list of all RINs that were retired for compliance in the 
reporting period and are invalid as defined in Sec.  80.1431(a).
    (xix) For parties that redesignate certified NTDF as MVNRLM diesel 
fuel under Sec.  80.1408 at any time during the compliance period, the 
volumes MVNRLMBAL, MVNRLMO, 
MVNRLMINVCHG, and MVNRLMI as calculated in Sec.  
80.1408(a)(2).
    (2) The RIN transaction reports required under paragraph (c)(1) of 
this section.
    (3) The quarterly RIN activity reports required under paragraph 
(c)(2) of this section.
    (4) Reports required under this paragraph (a) must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the owner or a responsible corporate officer of the obligated party or 
exporter of renewable fuel.
    (b) Renewable fuel producers (domestic and foreign) and importers. 
Any domestic producer or importer of renewable fuel who generates RINs, 
or any RIN-generating foreign producer must submit to EPA reports 
according to the schedule, and containing all of the following 
information:
    (1)(i) For RINs generated beginning on July 1, 2010, RIN generation 
reports

[[Page 79]]

for each facility owned by the renewable fuel producer or importer shall 
be submitted according to the schedule specified in paragraph (f)(2) of 
this section.
    (ii) The RIN generation reports shall include all the following 
information for each batch of renewable fuel produced or imported, where 
``batch'' means a discrete quantity of renewable fuel produced or 
imported and assigned a unique batch-RIN per Sec.  80.1426(d):
    (A) The RIN generator's name.
    (B) The RIN generator's EPA company registration number.
    (C) The renewable fuel producer EPA facility registration number.
    (D) The importer EPA facility registration number and foreign 
renewable fuel producer company registration number, if applicable.
    (E) The applicable reporting period.
    (F) The quantity of RINs generated for each batch according to Sec.  
80.1426.
    (G) The production date of each batch.
    (H) The fuel type of each batch.
    (I) The volume of ethanol denaturant and applicable equivalence 
value of each batch.
    (J) The volume of each batch produced.
    (K) The types and quantities of feedstocks and biointermediates 
used.
    (L) The process(es), feedstock(s), and biointermediate(s) used and 
proportion of renewable volume attributable to each process, feedstock, 
and biointermediate.
    (M) The type of co-products produced with each batch.
    (N) The quantity of co-products produced in each quarter.
    (O) A list of the RINs generated and an affirmation that the 
feedstock(s) used for each batch meets the definition of renewable 
biomass as defined in Sec.  80.1401.
    (P) Producers of renewable electricity and producers or importers of 
biogas used for transportation as described in Sec.  80.1426(f)(10) and 
(11), shall report all of the following:
    (1) The total energy produced and supplied for use as a 
transportation fuel, in units of energy (for example, MMBtu or MW) based 
on metering of gas volume or electricity.
    (2) The name and location of where the fuel is sold for use as a 
transportation fuel.
    (Q) Producers or importers of renewable fuel produced at facilities 
that use biogas for process heat as described in Sec.  80.1426(f)(12), 
shall report the total energy supplied to the renewable fuel facility, 
in MMBtu based on metering of gas volume.
    (R) Producers or importers of renewable fuel made from separated 
municipal solid waste must report the amount of paper, cardboard, 
plastics, rubber, textiles, metals, and glass separated from municipal 
solid waste for recycling. Reporting shall be in units of weight (in 
tons).
    (S) Producers of advanced biofuel using grain sorghum shall report 
all of the following:
    (1) The total amount of electricity that is purchased from the grid 
and used at the site, based on metering, in kWh.
    (2) Total amount of ethanol produced.
    (3) Calculation of the amount of grid electricity used at the site 
per gallon of ethanol produced in each batch.
    (4) Each batch number as specified in Sec.  80.1452(b).
    (5) Reference ID for documents required by Sec.  80.1454(k)(2)(D).
    (T) Producers or importers of any renewable fuel other than ethanol, 
biodiesel, renewable gasoline, renewable diesel that meets the Grade No. 
1-D or No. 2-D specification in ASTM D975 (incorporated by reference, 
see Sec.  80.1468), biogas or renewable electricity, must report, on a 
quarterly basis, all the following for each volume of fuel:
    (1) Total volume of renewable fuel produced or imported, total 
volume of renewable fuel blended into gasoline and distillate fuel by 
the producer or importer, and the percentage of renewable fuel in each 
batch of finished fuel.
    (2) If the producer or importer generates RINs under Sec.  
80.1426(f)(17)(i)(B)(2), report the name, location, and contract 
information for each party that purchased the renewable fuel.
    (U) Producers generating D code 3 or D code 7 RINs for fuel derived 
from feedstocks or biointermediates other

[[Page 80]]

than biogas (including through pathways listed in rows K, L, M, and N of 
Table 1 to Sec.  80.1426), and that was produced from two or more 
feedstocks converted simultaneously, at least one of which has less than 
75% average adjusted cellulosic content, and using a combination of 
processes or a process other than a thermochemical process or a 
combination of processes shall report all of the following:
    (1) The cellulosic converted fraction as determined by collecting 
new representative process data and performing the same chemical 
analysis method accepted at registration. Producers shall calculate this 
information on an annual basis or within 10 business days of generating 
every 500,000 gallons of cellulosic biofuel, whichever is more frequent, 
and report quarterly. Reports shall include all values used to calculate 
feedstock energy according to Sec.  80.1426(f)(3)(vi). If new data shows 
that the cellulosic Converted Fraction is different than previously 
calculated, the formula used to generate RINs under Sec.  80.1426(f)(3) 
must be updated as soon as practical but no later than 5 business days 
after the producer receives the updated data. If new testing data 
results in a change to the cellulosic Converted Fraction, only RINs 
generated after the new testing data were received, subject to the 5-day 
allowance, would be affected.
    (2) If the cellulosic Converted Fraction deviates from the 
previously calculated cellulosic Converted Fraction by 10% or more then 
the producer must notify EPA within 5 business days of receiving the new 
data and must adjust the formula used to generate RINs under Sec.  
80.1426(f)(3) for all fuel generated as soon as practical but no later 
than 5 business days after the producer receives the new data. If new 
testing data results in a change to the cellulosic Converted Fraction, 
only RINs generated after the new testing data were received, subject to 
the 5-day allowance, would be affected.
    (V) Producers of renewable fuel using crop residue as a feedstock 
shall report all of the following according to the schedule specified in 
paragraph (f)(2) of this section:
    (1) The specific feedstock(s) utilized to produce renewable fuel 
under a pathway allowing the use of crop residue as feedstock.
    (2) The total quantity of each specific feedstock used to produce 
renewable fuel.
    (3) The total amount of qualifying renewable fuel produced under the 
crop residue pathway(s) in that quarter.
    (W) Any additional information the Administrator may require.
    (2) The RIN transaction reports required under paragraph (c)(1) of 
this section.
    (3) The RIN activity reports required under paragraph (c)(2) of this 
section.
    (4) Reports required under this paragraph (b) must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the owner or a responsible corporate officer of the renewable fuel 
producer or importer.
    (c) All RIN-owning parties. Any party, including any party specified 
in paragraphs (a) and (b) of this section, that owns RINs during a 
reporting period, must submit reports to EPA according to the schedule, 
and containing all the information, that is set forth in this paragraph 
(c).
    (1)(i) For RIN transactions beginning on July 1, 2010, RIN 
transaction reports listing each RIN transaction shall be submitted 
according to the schedule in paragraph (f)(2) of this section.
    (ii) As per Sec.  80.1452, RIN transaction information listing each 
RIN transaction shall be submitted to the EMTS.
    (iii) Each report required by paragraph (c)(1)(i) of this section 
shall include all of the following information:
    (A) The submitting party's name.
    (B) The submitting party's EPA company registration number.
    (C) The applicable reporting period.
    (D) Transaction type (i.e., RIN buy, RIN sell, RIN separation, RIN 
retire, reinstated 2009 or 2010 RINs).
    (E) Transaction date.
    (F) For a RIN purchase or sale, the trading partner's name.
    (G) For a RIN purchase or sale, the trading partner's EPA company 
registration number. For all other transactions, the submitting party's 
EPA company registration number.
    (H) RIN subject to the transaction.

[[Page 81]]

    (I) For a RIN purchase or sale, the per gallon RIN price and/or the 
per gallon price of renewable fuel price with RINs included.
    (J) The reason code for retiring RINs, separating RINs, buying RINs, 
or selling RINs.
    (K) Any additional information that the Administrator may require.
    (2) RIN activity reports must be submitted to EPA according to the 
schedule specified in paragraph (f)(2) of this section. Each report must 
summarize RIN activities for the reporting period, separately for RINs 
separated from a renewable fuel volume and RINs assigned to a renewable 
fuel volume.
    (i) For compliance periods ending on or before December 31, 2019, 
each report must include all of the following information:
    (A) The submitting party's name.
    (B) The submitting party's EPA company registration number.
    (C) The number of current-year RINs owned at the start of the 
quarter.
    (D) The number of prior-year RINs owned at the start of the quarter.
    (E) The total current-year RINs purchased.
    (F) The total prior-year RINs purchased.
    (G) The total current-year RINs sold.
    (H) The total prior-year RINs sold.
    (I) The total current-year RINs retired.
    (J) The total current-year RINs retired that are invalid as defined 
in Sec.  80.1431(a).
    (K) The total prior-year RINs retired.
    (L) The total prior-year RINs retired that are invalid as defined in 
Sec.  80.1431(a).
    (M) The number of current-year RINs owned at the end of the quarter.
    (N) The number of prior-year RINs owned at the end of the quarter.
    (O) The number of RINs generated.
    (P) The volume of renewable fuel (in gallons) owned at the end of 
the quarter.
    (Q) The total 2009 and 2010 retired RINs reinstated.
    (R) Any additional information that the Administrator may require.
    (ii) For compliance periods starting on or after January 1, 2020, 
each report must include all of the following information:
    (A) The submitting party's name.
    (B) The submitting party's EPA-issued company identification number.
    (C) Primary registration designation or compliance level for 
compliance year (e.g., ``Aggregated Refiner,'' ``Exporter,'' ``Renewable 
Fuel Producer,'' ``RIN Owner Only,'' etc.).
    (D) All of the following information:
    (1) The number of current-year RINs owned at the start of the 
quarter.
    (2) The number of prior-year RINs owned at the start of the quarter.
    (3) The total current-year RINs purchased.
    (4) The total prior-year RINs purchased.
    (5) The total current-year RINs sold.
    (6) The total prior-year RINs sold.
    (7) The total current-year RINs retired.
    (8) The total current-year RINs retired that are invalid as defined 
in Sec.  80.1431(a).
    (9) The total prior-year RINs retired.
    (10) The total prior-year RINs retired that are invalid as defined 
in Sec.  80.1431(a).
    (11) The number of current-year RINs owned at the end of the 
quarter.
    (12) The number of prior-year RINs owned at the end of the quarter.
    (13) The number of RINs generated.
    (14) The volume of renewable fuel (in gallons) owned at the end of 
the quarter.
    (E)(1) Indicate if the submitting party or the submitting party's 
corporate affiliate group exceeded the primary threshold for any day in 
the quarter under Sec.  80.1435(c)(1). If the submitting party is in an 
affiliate group that does not contain an obligated party, and the 
affiliate group has exceeded the primary threshold, then EPA may publish 
the name and EPA-issued company identification number of the submitting 
party.
    (2) Indicate if the submitting party or the submitting party's 
corporate affiliate group exceeded the secondary threshold for any day 
in the quarter under Sec.  80.1435(c)(2). If the submitting party is an 
obligated party and has exceeded the secondary threshold or is in a 
corporate affiliate group containing an obligated party that has 
exceeded the secondary threshold, then EPA may publish the name and EPA-
issued

[[Page 82]]

company identification number of the submitting party.
    (F) A list of all corporate and contractual affiliates during the 
reporting period. For each affiliate, include the identification 
information (including the EPA company ID number, if registered) and the 
affiliate type.
    (G) The RVO used to calculate D6 RIN threshold, if alternative 
gasoline and diesel production volumes were used under Sec.  80.1435(d).
    (H) A list of contractual affiliates that had a contract with the 
party that did not result in transfer of RINs to the party during the 
reporting period.
    (I) Any additional information that the Administrator may require.
    (3) All reports required under this paragraph (c) must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the RIN owner or a responsible corporate officer of the RIN owner.
    (d) Except for those producers using feedstocks subject to the 
aggregate compliance approach described in Sec.  80.1454(g), producers 
and RIN-generating importers of renewable fuel made from feedstocks that 
are planted crops and crop residue from existing foreign agricultural 
land, planted trees or tree residue from actively managed tree 
plantations, slash and pre-commercial thinnings from forestlands or 
biomass obtained from areas at risk of wildfire must submit quarterly 
reports according to the schedule in paragraph (f)(2) of this section 
that include all of the following:
    (1) A summary of the types and quantities of feedstocks used in that 
quarter.
    (2) Electronic data identifying the land by coordinates of the 
points defining the boundaries from which each type of feedstock listed 
per paragraph (d)(1) of this section was harvested.
    (3) If electronic data identifying a plot of land have been 
submitted previously, producers and RIN-generating importers may submit 
a cross-reference to that electronic data.
    (e) If EPA finds that the 2007 baseline amount of agricultural land 
has been exceeded in any year beginning in 2010, beginning on the first 
day of July of the following calendar year any producers or importers of 
renewable fuel as defined in Sec.  80.1401 who use planted crops and/or 
crop residue from existing U.S. agricultural lands as feedstock must 
submit quarterly reports according to the schedule in paragraph (f)(2) 
of this section that include all of the following:
    (1) A summary of the types and quantities of feedstocks used in that 
quarter.
    (2) Electronic data identifying the land by coordinates of the 
points defining the boundaries from which each type of feedstock listed 
per paragraph (d)(1) of this section was harvested.
    (3) If electronic data identifying a plot of land have been 
submitted previously, producers and RIN-generating importers may submit 
a cross-reference to that electronic data.
    (f) Report submission deadlines. The submission deadlines for annual 
and quarterly reports are as follows:
    (1) Annual compliance reports--(i) Obligated parties. (A) Except as 
specified in paragraph (f)(1)(i)(B) of this section, for obligated 
parties, annual compliance reports must be submitted by whichever of the 
following dates is latest:
    (1) March 31 of the subsequent calendar year.
    (2) The next quarterly reporting deadline under paragraph (f)(2) of 
this section after the date the subsequent compliance year's renewable 
fuel standards become effective in Sec.  80.1405(a).
    (3) The next quarterly reporting deadline under paragraph (f)(2) of 
this section after the annual compliance reporting deadline for the 
prior compliance year.
    (B)(1) For obligated parties that meet the requirements for a small 
refinery under Sec.  80.1441(e)(2)(iii), for the 2019 compliance year, 
annual compliance reports must be submitted no later than the next 
quarterly reporting deadline under paragraph (f)(2) of this section 
after the date the 2021 renewable fuel standards become effective in 
Sec.  80.1405(a).
    (2) For the 2020 compliance year, annual compliance reports must be 
submitted no later than the next quarterly reporting deadline in 
paragraph (f)(2) of this section after the deadline in paragraph 
(f)(1)(i)(B)(1) of this section.

[[Page 83]]

    (3) For the 2021 compliance year, annual compliance reports must be 
submitted no later than the next quarterly reporting deadline in 
paragraph (f)(2) of this section after the deadline in paragraph 
(f)(1)(i)(B)(2) of this section.
    (4) For the 2022 compliance year, annual compliance reports must be 
submitted by whichever of the following dates is latest:
    (i) The next quarterly reporting deadline under paragraph (f)(2) of 
this section after the date the 2023 renewable fuel standards become 
effective in Sec.  80.1405(a).
    (ii) The next quarterly reporting deadline in paragraph (f)(2) of 
this section after the deadline in paragraph (f)(1)(i)(B)(3) of this 
section.
    (ii) All other parties. For all parties other than obligated 
parties, annual compliance reports must be submitted by March 31 of the 
subsequent year.
    (iii) Deadline publication. The annual compliance reporting deadline 
will be calculated in accordance with paragraph (f)(1)(i) of this 
section and published on EPA's website.
    (2) Quarterly compliance reports. Quarterly reports shall be 
submitted by the required deadline as shown in Table 1 of this section. 
Any reports generated by EMTS must be reviewed, supplemented, and/or 
corrected if not complete and accurate, and verified by the owner or 
responsible corporate officer prior to submittal. Table 1 follows:

                            Table 1 to Sec.   80.1451--Quarterly Reporting Deadlines
----------------------------------------------------------------------------------------------------------------
            Calendar quarter                       Time period covered              Quarterly report deadline
----------------------------------------------------------------------------------------------------------------
Quarter 1...............................  January 1-March 31...................  June 1.
Quarter 2...............................  April 1-June 30......................  September 1.
Quarter 3...............................  July 1-September 30..................  December 1.
Quarter 4...............................  October 1-December 31................  March 31.
----------------------------------------------------------------------------------------------------------------

    (3) Report certification. Reports required must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the owner or a responsible corporate officer of the submitter.
    (g) All independent third-party auditors. Any party that is an 
independent third-party auditor that verifies RINs must submit to the 
EPA reports according to the schedule, and containing all the 
information, that is set forth in this paragraph (g).
    (1)(i) RIN and biointermediate verification reports for each 
renewable fuel or biointermediate production facility audited by the 
independent third-party auditor shall be submitted according to the 
schedule specified in paragraph (f)(2) of this section.
    (ii) The RIN and biointermediate verification reports shall include 
all the following information for each batch of renewable fuel produced 
or imported verified per Sec.  80.1469(c), where ``batch'' means a 
discrete quantity of renewable fuel produced or imported and assigned a 
unique batch-RIN per Sec.  80.1426(d):
    (A) The RIN generator or biointermediate producer's name.
    (B) The RIN generator or biointermediate producer's EPA company 
registration number.
    (C) The renewable fuel or biointermediate producer's EPA facility 
registration number.
    (D) The importer EPA facility registration number and foreign 
renewable fuel producer company registration number, if applicable.
    (E) The applicable reporting period.
    (F) The quantity of RINs generated for each verified batch according 
to Sec.  80.1426.
    (G) The production date of each verified batch.
    (H) The D-code of each verified batch.
    (I) The volume of ethanol denaturant and applicable equivalence 
value of each verified batch.
    (J) The volume of each verified batch produced.
    (K) The volume and type of each feedstock and biointermediate used 
to produce the verified batch.
    (L) Whether the feedstocks and biointermediates used to produce each

[[Page 84]]

verified batch met the definition of renewable biomass.
    (M) Whether appropriate RIN generation calculations were followed 
per Sec.  80.1426(f)(3), (4), or (5) for each verified batch, as 
applicable.
    (N) The quantity and type of co-products produced.
    (O) Invoice document identification numbers associated with each 
verified batch, if applicable.
    (P) Laboratory sample identification numbers for each verified batch 
associated with the generation of any certificates of analysis used to 
verify fuel type and quality, if applicable.
    (Q) Any additional information the Administrator may require.
    (2) Aggregate RIN verification reports shall be submitted to the EPA 
according to the schedule specified in paragraph (f)(2) of this section. 
Each report shall summarize RIN verification activities for the 
reporting period. The quarterly aggregate RIN verification reports shall 
include all of the following information:
    (i) The submitting party's name.
    (ii) The submitting party's EPA company registration number.
    (iii) The number of current-year RINs verified at the start of the 
quarter.
    (iv) The number of prior-year RINs verified at the start of the 
quarter.
    (v) The total current-year RINs verified.
    (vi) The number of current-year RINs verified at the end of the 
quarter.
    (vii) A list of all renewable fuel and biointermediate facilities 
including the EPA's company and facility registration numbers audited 
under an approved quality assurance plan under Sec.  80.1469 along with 
the date the independent third-party auditor conducted the on-site visit 
and audit.
    (viii) Mass and energy balances calculated for each renewable fuel 
and biointermediate production facility audited under an approved 
quality assurance plan under Sec.  80.1469.
    (ix) A list of all RINs that were identified as Potentially Invalid 
RINs (PIRs) pursuant to Sec.  80.1474, along with a narrative 
description of why the RINs were not verified or were identified as 
PIRs.
    (x) A list of all biointermediates that were identified as 
potentially improperly produced biointermediates under Sec.  80.1477(d).
    (xi) Any additional information that the Administrator may require.
    (3) All reports required under this paragraph (g) must be signed and 
certified as meeting all the applicable requirements of this subpart by 
the independent third-party auditor or a responsible corporate officer 
of the independent third-party auditor.
    (h) Producers or importers of renewable fuel made from Arundo donax 
or Pennisetum purpureum per Sec.  80.1426(f)(14) must report all the 
following:
    (1) Any detected growth of Arundo donax or Pennisetum purpureum 
outside the intended planting areas, both surrounding the field of 
production and feedstock storage sites, along the transportation route, 
and around the biofuel production facility, within 5 business days after 
detection and in accordance with the Risk Mitigation Plan, if 
applicable.
    (2) As available, any updated information related to the Risk 
Mitigation Plan, as applicable. An updated Risk Mitigation Plan must be 
approved by the Administrator in consultation with USDA and as 
appropriate other federal agencies prior to its implementation.
    (3) On an annual basis, a description of and maps or electronic data 
showing the average and total size and prior use of lands planted with 
Arundo donax or Pennisetum purpureum, the average and total size and 
prior use of lands set aside to control the invasive spread of these 
crops, and a description and explanation of any change in land use from 
the previous year.
    (4) On an annual basis, the report from an independent third party 
auditor evaluating monitoring and reporting activities conducted in 
accordance with the Risk Mitigation Plan, as applicable subject to 
approval of a different frequency by the EPA.
    (5) Information submitted pursuant to paragraphs (h)(3) and (h)(4) 
of this section must be submitted as part of the producer or importer's 
fourth quarterly report, which covers the reporting period October-
December, according to the schedule in paragraph (f)(2) of this section.
    (i) Parties that redesignate certified NTDF as MVNRLM diesel fuel 
under

[[Page 85]]

Sec.  80.1408 at any time during the compliance period, but do not incur 
an RVO under Sec.  80.1408(a)(2)(i), must submit a report to EPA stating 
that they redesignated certified NTDF to MVNRLM diesel fuel during the 
compliance period, but that their net redesignated volume was less than 
or equal to zero, and they therefore did not incur an RVO for the 
compliance period.
    (j) Biointermediate producers. For each biointermediate production 
facility, any biointermediate producer must submit quarterly reports for 
biointermediate batch production to EPA containing all of the 
information in this paragraph (j).
    (1) Include all the following information for each batch of 
biointermediate produced:
    (i) The biointermediate producer's name.
    (ii) The biointermediate producer's EPA company registration number.
    (iii) The biointermediate producer's EPA facility registration 
number.
    (iv) The applicable compliance period.
    (v) The production date.
    (vi) The batch number.
    (vii) For batches of biointermediates intended for use to produce 
cellulosic biofuels, the adjusted cellulosic content of each batch and 
certification that the cellulosic content of each batch was derived from 
cellulose, hemicellulose, or lignin that was derived from renewable 
biomass.
    (viii) The volume of each batch produced.
    (ix) The types and quantities of feedstocks used.
    (x) The renewable fuel type(s) each batch of biointermediate was 
designated to be used as a feedstock material for.
    (xi) The EPA company registration number and EPA facility 
registration number for each renewable fuel producer or foreign 
renewable fuel producer that received each batch.
    (xii) The percentage of each batch of biointermediate that met the 
definition of renewable biomass and certification that this portion of 
the batch of biointermediate was derived from renewable biomass.
    (xiii) The process(es) and feedstock(s) used and proportion of 
biointermediate volume attributable to each process and feedstock.
    (xiv) The type of co-products produced with each batch.
    (xv) The quantity of co-products produced in each quarter.
    (xvi) Any additional information the Administrator may require.
    (2) Quarterly reports under this paragraph (j) must be submitted 
according to the schedule in paragraph (f)(2) of this section.
    (k) All reports required under this section shall be submitted on 
forms and following procedures prescribed by the Administrator.
    (l) English language reports. Any document submitted to EPA under 
this section must be submitted in English, or shall include an English 
translation.

[75 FR 14863, Mar. 26, 2010]

    Editorial Note: For Federal Register citations affecting Sec.  
80.1451, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  80.1452  What are the requirements related to the EPA Moderated
Transaction System (EMTS)?

    (a) Each party required to submit information under this section 
must establish an account with the EPA Moderated Transaction System 
(EMTS) at least 60 days prior to engaging in any RIN transactions, or 
July 1, 2010, whichever is later.
    (b) Starting July 1, 2010, each time a domestic or foreign producer 
or importer of renewable fuel assigns RINs to a batch of renewable fuel 
pursuant to Sec.  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.

[[Page 86]]

    (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 as defined in Sec.  80.1401.
    (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 the Administrator may require.
    (c) Starting July 1, 2010, each time any party sells, separates, or 
retires RINs generated on or after July 1, 2010, all the following 
information must be submitted to EPA via the submitting party's EMTS 
account within five (5) business days of the reportable event. Starting 
July 1, 2010, each time any party purchases RINs generated on or after 
July 1, 2010, all the following information must be submitted to EPA via 
the submitting party's EMTS account within ten (10) business days of the 
reportable event. The reportable event for a RIN purchase or sale occurs 
on the date of transfer per Sec.  80.1453(a)(4). The reportable event 
for a RIN separation or retirement occurs on the date of separation or 
retirement as described in Sec.  80.1429 or Sec.  80.1434.
    (1) The submitting party's name.
    (2) The submitting party's EPA company registration number.
    (3) The generation year of the RINs.
    (4) The RIN status (Assigned or Separated).
    (5) The D code of the RINs.
    (6) Transaction type (i.e., RIN buy, RIN sell, RIN separation, RIN 
retire).
    (7) The date of transfer per Sec.  80.1453(a)(4), if applicable.
    (8) For a RIN purchase or sale, the trading partner's name.
    (9) For a RIN purchase or sale, the trading partner's EPA company 
registration number.
    (10) For an assigned RIN purchase or sale, the renewable fuel volume 
associated with the sale.
    (11) Quantity of RINs involved in a transaction.
    (12)(i) For transactions through December 31, 2019, the per gallon 
RIN price or the per-gallon price of renewable fuel with RINs included.
    (ii) For transactions on or after January 1, 2020:
    (A) For RIN buy or sell transaction types including assigned RINs, 
the per-gallon RIN price or the per-gallon price of renewable fuel with 
RINs included.
    (B) For RIN buy or sell transaction types including separated RINs, 
the per-gallon RIN price.
    (13) The reason for retiring RINs, separating RINs, buying RINs, or 
selling RINs.
    (14) Any additional information that the Administrator may require.
    (15) For buy or sell transactions of separated RINs on or after 
January 1, 2020, the mechanism used to purchase the RINs (e.g., spot 
market or fulfilling a term contract).
    (d) All information required under this section shall be submitted 
on forms and following procedures prescribed by the Administrator.

[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]



Sec.  80.1453  What are the product transfer document (PTD) requirements
for the RFS program?

    (a) On each occasion when any party transfers ownership of neat and/
or blended renewable fuels, 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

[[Page 87]]

provide to the transferee documents that include all of the following 
information, as applicable:
    (1) The name and address of the transferor and transferee.
    (2) The transferor's and transferee's EPA company registration 
numbers.
    (3) The volume of renewable fuel that is being transferred, if any.
    (4) The date of the transfer.
    (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 Sec.  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)(11)(i)(A) through 
(a)(11)(i)(C) of this section, as appropriate.
    (iii) If no assigned RINs are being transferred with the renewable 
fuel, the PTD which is used to transfer ownership of the renewable fuel 
shall state ``No assigned RINs transferred.''.
    (iv) If RINs have been separated from the renewable fuel or fuel 
blend pursuant to Sec.  80.1429(b)(4), then all PTDs which are at any 
time used to transfer ownership of the renewable fuel or fuel blend 
shall state ``This volume of fuel must be used in the designated form, 
without further blending.''.
    (12) For the transfer of renewable fuel for which RINs were 
generated, an accurate and clear statement on the product transfer 
document of the fuel type from Table 1 to Sec.  80.1426, and designation 
of the fuel use(s) intended by the transferor, as follows:
    (i) Ethanol. ``This volume of neat or blended ethanol is designated 
and intended for use as transportation fuel or jet fuel in the 48 U.S. 
contiguous states and Hawaii. Any person exporting this fuel is subject 
to the requirements of 40 CFR 80.1430.''.
    (ii) Biodiesel. ``This volume of neat or blended biodiesel is 
designated and intended for use as transportation fuel, heating oil or 
jet fuel in the 48 U.S. contiguous states and Hawaii. Any person 
exporting this fuel is subject to the requirements of 40 CFR 80.1430.''.
    (iii) Renewable heating oil. ``This volume of heating oil is 
designated and intended for use as heating oil in the 48 U.S. contiguous 
states and Hawaii. Any person exporting this fuel is subject to the 
requirements of 40 CFR 80.1430.''.
    (iv) Renewable diesel. ``This volume of neat or blended renewable 
diesel is designated and intended for use as transportation fuel, 
heating oil or jet fuel in the 48 U.S. contiguous states and Hawaii. Any 
person exporting this fuel is subject to the requirements of 40 CFR 
80.1430.''.
    (v) Naphtha. ``This volume of neat or blended naphtha is designated 
and intended for use as transportation fuel or jet fuel in the 48 U.S. 
contiguous states and Hawaii. This naphtha may only be used as a 
gasoline blendstock or jet fuel. Any person exporting this fuel is 
subject to the requirements of 40 CFR 80.1430.''.

[[Page 88]]

    (vi) Butanol. ``This volume of neat or blended butanol is designated 
and intended for use as transportation fuel or jet fuel in the 48 U.S. 
contiguous states and Hawaii. This butanol may only be used as a 
gasoline blendstock or jet fuel. Any person exporting this fuel is 
subject to the requirements of 40 CFR 80.1430.''.
    (vii) Renewable fuels other than ethanol, biodiesel, heating oil, 
renewable diesel, naptha or butanol. ``This volume of neat or blended 
renewable fuel is designated and intended to be used as transportation 
fuel, heating oil, or jet fuel in the 48 U.S. contiguous states and 
Hawaii. Any person exporting this fuel is subject to the requirements of 
40 CFR 80.1430.''.
    (b) Except for transfers to truck carriers, retailers, or wholesale 
purchaser-consumers, product codes may be used to convey the information 
required under paragraphs (a)(1) through (11) and (e) of this section if 
such codes are clearly understood by each transferee.
    (c) For renewable fuel, other than ethanol, that is not registered 
as motor vehicle fuel under 40 CFR Part 79, the PTD which is used to 
transfer ownership of the renewable fuel shall state ``This volume of 
renewable fuel may not be used as a motor vehicle fuel.''
    (d) For fuel oil meeting paragraph (2) of the definition of 
``heating oil'' in Sec.  80.1401, the PTD of the fuel oil shall state: 
``This volume of renewable fuel oil is designated and intended to be 
used to heat or cool interior spaces of homes or buildings to control 
ambient climate for human comfort. Do NOT use for process heat or 
cooling or any other purpose, as these uses are prohibited pursuant to 
40 CFR 80.1460(g).''.
    (e) Beginning January 1, 2021, on each occasion when any party 
transfers custody or ownership of certified NTDF, except when such fuel 
is dispensed into motor vehicles or nonroad vehicles, engines, or 
equipment, the transferor must provide to the transferee documents that 
include all the following information, as applicable:
    (1) The transferor of certified NTDF must list all applicable 
required information as specified at 40 CFR 1090.1115 and, if the 
distillate fuel contains renewable fuel, all applicable required 
information in paragraphs (a), (b), and (d) of this section.
    (2) The transferor must include the following statement on the PTD: 
``15 ppm sulfur (maximum) certified NTDF--This fuel is designated for 
non-transportation use.''
    (f)(1) On each occasion when any party transfers title or custody of 
a biointermediate, the transferor must provide to the transferee 
documents that include all of the following information:
    (i) The name and address of the transferor and transferee.
    (ii) The transferor's and transferee's EPA company registration and 
applicable facility registration numbers.
    (iii) The volume of biointermediate that is being transferred.
    (iv) The date of the transfer.
    (v) The location of the biointermediate at the time of the transfer.
    (vi) The following statement designating the volume of 
biointermediate as feedstock for the production of a renewable fuel: 
``This volume is designated and intended for use as biointermediate in 
the production of renewable fuel as defined in 40 CFR 80.1401. Parties 
may not generate RINs on this feedstock material and it must remain 
segregated from all products until received by a designated renewable 
fuel production facility.''
    (2) In addition to the information specified in paragraph (f)(1) of 
this section, on each occasion when any party transfers title of a 
biointermediate or when any party transfers a biointermediate to a 
renewable fuel production facility, the transferor must provide to the 
transferee documents that include all of the following information:
    (i) The renewable fuel type the biointermediate was designated to be 
used as a feedstock material for by the biointermediate producer under 
Sec.  80.1476(i).
    (ii) The composition of the biointermediate being transferred, 
including:
    (A) The type and quantity of each feedstock that was used to make 
the biointermediate.
    (B) The percentage of each feedstock that is renewable biomass, 
rounded to two decimal places.
    (C) For a biointermediate that contains both renewable and non-
renewable feedstocks:

[[Page 89]]

    (1) The percentage of each feedstock that is not renewable biomass, 
rounded to two decimal places.
    (2) The feedstock energy from the renewable biomass used to make the 
biointermediate, in Btu.
    (3) The feedstock energy from the non-renewable biomass used to make 
the biointermediate, in Btu.
    (4) The total percentage of the biointermediate that may generate 
RINs, rounded to two decimal places.
    (5) The total percentage of the biointermediate that may not 
generate RINs, rounded to two decimal places.
    (D) For a biointermediate that contains cellulosic material:
    (1) The percentage of each feedstock that is cellulosic, rounded to 
two decimal places.
    (2) The percentage of each feedstock that is non-cellulosic, rounded 
to two decimal places, if applicable.
    (3) If the biointermediate is intended for use in the production of 
a cellulosic biofuel, the total percentage of the biointermediate that 
may generate cellulosic RINs, rounded to two decimal places.
    (4) For separated municipal solid waste, the cellulosic portion of 
the biointermediate is equivalent to the biogenic portion.
    (5) For separated food waste, the non-cellulosic percentage is 
assumed to be zero percent unless it is demonstrated to be partially 
cellulosic.
    (6) For separated yard waste, 100% of separated yard waste is deemed 
to be cellulosic.
    (7) The following statement: ``I certify that the cellulosic content 
of this feedstock was derived from cellulose, hemicellulose, or lignin 
that was derived from renewable biomass.''
    (iii) Copies of records specified in Sec.  80.1454(i)(3), (5), and 
(6) for the volume being transferred, as applicable.

[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]



Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

    (a) Requirements for obligated parties and exporters of renewable 
fuel. Beginning July 1, 2010, any obligated party (as described at Sec.  
80.1406) or exporter of renewable fuel (as described at Sec.  80.1430) 
must keep all of the following records:
    (1) Product transfer documents consistent with Sec.  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 Sec.  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 Sec.  80.1407 or Sec.  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 Sec.  80.1444 
for a small refinery must keep the following records:
    (i) Copies of any notifications submitted to EPA under Sec.  
80.1444(e)(2).
    (ii) Copies of the methods and variables used to calculate the 
number of

[[Page 90]]

RINs retired for the alternative RIN retirement schedule under Sec.  
80.1444(f).
    (b) Requirements for all producers of renewable fuel. Beginning July 
1, 2010, any domestic or RIN-generating foreign producer of a renewable 
fuel as defined in Sec.  80.1401 must keep all of the following records 
in addition to those required under paragraphs (c) or (d) of this 
section:
    (1) Product transfer documents consistent with Sec.  80.1453 and 
associated with the renewable fuel producer's activity, if any, as 
transferor or transferee of renewable fuel or separated RINs.
    (2) Copies of all reports submitted to EPA under Sec. Sec.  80.1449 
and 80.1451(b).
    (3) Records related to the generation and assignment of RINs for 
each facility, including all of the following:
    (i) Batch volume in gallons.
    (ii) Batch number.
    (iii) RIN as assigned under Sec.  80.1426, if applicable.
    (iv) Identification of batches by renewable category.
    (v) Type and quantity of co-products produced.
    (vi) Type and quantity of feedstocks used.
    (vii) Type and quantity of biointermediates used.
    (viii) Type and quantity of fuel used for process heat.
    (ix) Feedstock energy calculations per Sec.  80.1426(f)(4).
    (x) Date of production.
    (xi) Results of any laboratory analysis of batch chemical 
composition or physical properties.
    (xii) For RINs generated for ethanol produced from corn starch at a 
facility using a pathway in Table 1 to Sec.  80.1426 that requires the 
use of one or more of the advanced technologies listed in Table 2 to 
Sec.  80.1426, documentation to demonstrate that employment of the 
required advanced technology or technologies was conducted in accordance 
with the specifications in Tables 1 and 2 to Sec.  80.1426, including 
any requirement for application to 90% of the production on a calendar 
year basis.
    (xiii) All commercial documents and additional information related 
to details of RIN generation.
    (4) Records related to each RIN transaction, separately for each 
transaction, including all of the following:
    (i) A list of the RINs owned, purchased, sold, separated, retired, 
or reinstated.
    (ii) The parties involved in each transaction including the 
transferor, transferee, and any broker or agent.
    (iii) The date of the transfer of the RIN(s).
    (iv) Additional information related to details of the transaction 
and its terms.
    (5) Records related to the production, importation, ownership, sale 
or use of any volume of renewable fuel for which RINs were generated or 
blend of renewable fuel for which RINs were generated and gasoline or 
diesel fuel that any party designates for use as transportation fuel, 
jet fuel, or heating oil and the use of the fuel or blend as 
transportation fuel, jet fuel, or heating oil without further blending, 
in the designated form.
    (6) Copies of registration documents required under Sec.  80.1450, 
including information on fuels and products, feedstocks, 
biointermediates, facility production processes, process changes, and 
capacity, energy sources, and a copy of the independent third party 
engineering review report submitted to EPA per Sec.  80.1450(b)(2).
    (7) For any producer of renewable fuel made from Arundo donax or 
Pennisetum purpureum per Sec.  80.1426(f)(14), all the following:
    (i) Records related to all requirements and duties set forth in the 
registration documents described in Sec.  80.1450(b)(1)(x)(A), including 
but not limited to the Risk Mitigation Plan, monitoring records and 
reports, and adherence to state, local and federal invasive species 
requirements and permits.
    (ii) Records associated with feedstock purchases and transfers that 
identify where the feedstocks were produced and are sufficient to verify 
that feedstocks used were produced and transported in accordance with an 
EPA approved Risk Mitigation Plan or were produced on land that the EPA 
determined does not present a significant likelihood of invasive spread 
beyond the planting area of the feedstock used

[[Page 91]]

for production of the renewable fuel, including all the following:
    (A) Maps or electronic data identifying the boundaries of the land 
where each type of feedstock was produced.
    (B) Bills of lading, product transfer documents, or other commercial 
documents showing the quantity of feedstock purchased from each area 
identified above, and showing each transfer of custody of the feedstock 
from the location where it was produced to the renewable fuel production 
facility.
    (8) A producer of fuel oil meeting paragraph (2) of the definition 
of heating oil in Sec.  80.1401 shall keep copies of all contracts which 
describe the fuel oil under contract with each end user.
    (9) Records, including contracts, related to the implementation of a 
QAP under Sec.  80.1469.
    (10) Records related to any volume of renewable fuel where RINs were 
not generated by the renewable fuel producer or importer pursuant to 
Sec.  80.1426(c).
    (c) Additional requirements for imports of renewable fuel. (1) 
Beginning July 1, 2010, any RIN-generating foreign producer of a 
renewable fuel or RIN-generating importer must keep records of feedstock 
purchases and transfers associated with renewable fuel for which RINs 
are generated, sufficient to verify that feedstocks used are renewable 
biomass (as defined in Sec.  80.1401).
    (i) RIN-generating foreign producers and importers of renewable fuel 
made from feedstocks that are planted crops or crop residue from 
existing foreign agricultural land, planted trees or tree residue from 
actively managed tree plantations, slash and pre-commercial thinnings 
from forestlands or biomass obtained from wildland-urban interface must 
maintain all the following records to verify the location where these 
feedstocks were produced:
    (A) Maps or electronic data identifying the boundaries of the land 
where each type of feedstock was produced.
    (B) Bills of lading, product transfer documents, or other commercial 
documents showing the quantity of feedstock purchased from each area 
identified in paragraph (c)(1)(i)(A) of this section, and showing each 
transfer of custody of the feedstock from the location where it was 
produced to the renewable fuel production facility.
    (ii)(A) RIN-generating foreign producers and importers of renewable 
fuel made from planted crops or crop residue from existing foreign 
agricultural land must keep records that serve as evidence that the land 
from which the feedstock was obtained was cleared or cultivated prior to 
December 19, 2007 and actively managed or fallow, and nonforested on 
December 19, 2007. RIN-generating foreign producers or importers of 
renewable fuel made from planted trees or tree residue from actively 
managed tree plantations must keep records that serve as evidence that 
the land from which the feedstock was obtained was cleared prior to 
December 19, 2007 and actively managed on December 19, 2007.
    (B) The records must be provided by the feedstock producer, 
traceable to the land in question, and consist of at least one of the 
following documents:
    (1) Sales records for planted crops or trees, crop or tree residue, 
or livestock; purchasing records for fertilizer, weed control, or 
reseeding, including seeds, seedlings, or other nursery stock.
    (2) A written management plan for agricultural or silvicultural 
purposes; documentation of participation in an agricultural or 
silvicultural program sponsored by a Federal, state, or local government 
agency.
    (3) Documentation of land management in accordance with an 
agricultural or silvicultural product certification program, an 
agreement for land management consultation with a professional forester 
that identifies the land in question.
    (4) Evidence of the existence and ongoing maintenance of a road 
system or other physical infrastructure designed and maintained for 
logging use, together with one of the aforementioned documents in this 
paragraph (c)(1)(ii)(B).
    (iii) RIN-generating foreign producers and importers of renewable 
fuel made from any other type of renewable biomass must have documents 
from their feedstock supplier certifying that the feedstock qualifies as 
renewable biomass as defined in Sec.  80.1401, describing the feedstock 
and identifying the

[[Page 92]]

process that was used to generate the feedstock.
    (2) Beginning July 1, 2010, any RIN-generating importer of renewable 
fuel (as defined in Sec.  80.1401) must keep all of the following 
records:
    (i) Product transfer documents consistent with Sec.  80.1453 and 
associated with the renewable fuel importer's activity, if any, as 
transferor or transferee of renewable fuel.
    (ii) Copies of all reports submitted to EPA under Sec. Sec.  80.1449 
and 80.1451(b).
    (iii) Records related to the generation and assignment of RINs for 
each facility, including all of the following:
    (A) Batch volume in gallons.
    (B) Batch number.
    (C) RIN as assigned under Sec.  80.1426.
    (D) Identification of batches by renewable category.
    (E) Type and quantity of feedstocks used.
    (F) Type and quantity of fuel used for process heat.
    (G) Date of import.
    (H) Results of any laboratory analysis of batch chemical composition 
or physical properties.
    (I) The EPA registration number of the foreign renewable fuel 
producers producing the fuel.
    (J) Additional information related to details of RIN generation.
    (iv) Records related to each RIN transaction, including all of the 
following:
    (A) A list of the RINs owned, purchased, sold, separated, retired, 
or reinstated.
    (B) The parties involved in each transaction including the 
transferor, transferee, and any broker or agent.
    (C) The date of the transfer of the RIN(s).
    (D) Additional information related to details of the transaction and 
its terms.
    (v) Copies of registration documents required under Sec.  80.1450.
    (vi) Records related to the import of any volume of renewable fuel 
that the importer designates for use as transportation fuel, jet fuel, 
or heating oil.
    (d) Additional requirements for domestic producers of renewable 
fuel. Except as provided in paragraphs (g) and (h) of this section, 
beginning July 1, 2010, any domestic producer of renewable fuel as 
defined in Sec.  80.1401 that generates RINs for such fuel must keep 
documents associated with feedstock purchases and transfers that 
identify where the feedstocks were produced and are sufficient to verify 
that feedstocks used are renewable biomass (as defined in Sec.  80.1401) 
if RINs are generated.
    (1) Domestic producers of renewable fuel made from feedstocks that 
are planted trees or tree residue from actively managed tree 
plantations, slash and pre-commercial thinnings from forestlands or 
biomass obtained from areas at risk of wildfire must maintain all the 
following records to verify the location where these feedstocks were 
produced:
    (i) Maps or electronic data identifying the boundaries of the land 
where each type of feedstock was produced.
    (ii) Bills of lading, product transfer documents or other commercial 
documents showing the quantity of feedstock purchased from each area 
identified in paragraph (d)(1)(i) of this section, and showing each 
transfer of custody of the feedstock from the location where it was 
produced to the renewable fuel production facility.
    (2) Domestic producers of renewable fuel made from planted trees or 
tree residue from actively managed tree plantations must keep records 
that serve as evidence that the land from which the feedstock was 
obtained was cleared prior to December 19, 2007 and actively managed on 
December 19, 2007. The records must be provided by the feedstock 
producer and must include at least one of the following documents, which 
must be traceable to the land in question:
    (i) Sales records for planted trees or tree residue.
    (ii) Purchasing records for fertilizer, weed control, or reseeding, 
including seeds, seedlings, or other nursery stock.
    (iii) A written management plan for silvicultural purposes.
    (iv) Documentation of participation in a silvicultural program 
sponsored by a Federal, state, or local government agency.
    (v) Documentation of land management in accordance with a 
silvicultural product certification program, an

[[Page 93]]

agreement for land management consultation with a professional forester.
    (vi) Evidence of the existence and ongoing maintenance of a road 
system or other physical infrastructure designed and maintained for 
logging use, together with one of the aforementioned documents.
    (3) Domestic producers of renewable fuel made from planted crops or 
crop residue from existing foreign agricultural land must keep all the 
following records:
    (i) Records that serve as evidence that the land from which the 
feedstock was obtained was cleared or cultivated prior to December 19, 
2007 and actively managed or fallow, and nonforested on December 19, 
2007. The records must be provided by the feedstock producer and must 
include at least one of the following documents, which must be traceable 
to the land in question:
    (A) Sales records for planted crops, crop residue, or livestock.
    (B) Purchasing records for fertilizer, weed control, seeds, 
seedlings, or other nursery stock.
    (C) A written management plan for agricultural purposes.
    (D) Documentation of participation in an agricultural program 
sponsored by a Federal, State, or local government agency.
    (E) Documentation of land management in accordance with an 
agricultural product certification program.
    (ii) Records to verify the location where the feedstocks were 
produced:
    (A) Maps or electronic data identifying the boundaries of the land 
where each type of feedstock was produced; and
    (B) Bills of lading, product transfer documents or other commercial 
documents showing the quantity of feedstock purchased from each area 
identified in paragraph (d)(3)(ii)(A) of this section, and showing each 
transfer of custody of the feedstock from the location where it was 
produced to the renewable fuel facility.
    (4) Domestic producers of renewable fuel or biointermediates made 
from any other type of renewable biomass must have documents from their 
feedstock supplier certifying that the feedstock qualifies as renewable 
biomass, describing the feedstock. Separated yard and food waste, 
biogenic oils/fats/greases, and separated municipal solid waste are also 
subject to the requirements in paragraph (j) of this section.
    (e) Additional requirements for producers of fuel exempt from the 
20% GHG reduction requirement. Beginning July 1, 2010, any production 
facility with a baseline volume of fuel that is not subject to the 20% 
GHG threshold, pursuant to Sec.  80.1403(c) and (d), must keep all of 
the following:
    (1) Detailed engineering plans for the facility.
    (2) Federal, State, and local (or foreign governmental) 
preconstruction approvals and permitting.
    (3) Procurement and construction contracts and agreements.
    (f) Requirements for other parties that own RINs. Beginning July 1, 
2010, any party, other than those parties covered in paragraphs (a) and 
(b) of this section, that owns RINs must keep all of the following 
records:
    (1) Product transfer documents consistent with Sec.  80.1453 and 
associated with the party's activity, if any, as transferor or 
transferee of renewable fuel or separated RINs.
    (2) Copies of all reports submitted to EPA under Sec.  80.1451(c).
    (3) Records related to each RIN transaction by renewable fuel 
category, including all of the following:
    (i) A list of the RINs owned, purchased, sold, 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 related to details of the transaction 
and its terms.
    (4) Records related to any volume of renewable fuel that the party 
designated for use as transportation fuel, jet fuel, or heating oil and 
from which RINs were separated pursuant to Sec.  80.1429(b)(4).
    (g) Aggregate compliance with renewable biomass requirement. Any 
producer or RIN-generating importer of renewable fuel made from planted 
crops or crop residue from existing U.S. agricultural land as defined in 
Sec.  80.1401, or from planted crops or crop residue from

[[Page 94]]

existing agricultural land in a country covered by a petition approved 
pursuant to Sec.  80.1457, is covered by the aggregate compliance 
approach and is not subject to the recordkeeping requirements for 
planted crops and crop residue at Sec.  80.1454(g)(2) unless EPA 
publishes a finding that the 2007 baseline amount of agricultural land 
in the U.S. has been exceeded or, for the aggregate compliance approach 
in a foreign country, that the withdrawal of EPA approval of the 
aggregate compliance approach is warranted pursuant to Sec.  80.1457(e).
    (1) EPA will make findings concerning whether the 2007 baseline 
amount of agricultural land in the U.S. or other country covered by a 
petition approved pursuant to Sec.  80.1457 has been exceeded and will 
publish these findings in the Federal Register by November 30 of the 
year preceding the compliance period.
    (2) If EPA finds that the 2007 baseline amount of agricultural land 
in the U.S. or other country covered by a petition approved pursuant to 
Sec.  80.1457 has been exceeded, beginning on the first day of July of 
the compliance period in question any producer or RIN-generating 
importer of renewable fuel made from planted crops or crop residue in 
the country for which such a finding is made must keep all the following 
records:
    (i) Records that serve as evidence that the land from which the 
feedstock was obtained was cleared or cultivated prior to December 19, 
2007 and actively managed or fallow, and nonforested on December 19, 
2007. The records must be provided by the feedstock producer and must 
include at least one of the following documents, which must be traceable 
to the land in question:
    (A) Sales records for planted crops, crop residue or livestock.
    (B) Purchasing records for fertilizer, weed control, seeds, 
seedlings, or other nursery stock.
    (C) A written management plan for agricultural purposes.
    (D) Documentation of participation in an agricultural program 
sponsored by a Federal, state, or local government agency.
    (E) Documentation of land management in accordance with an 
agricultural product certification program.
    (ii) Records to verify the location where the feedstocks were 
produced:
    (A) Maps or electronic data identifying the boundaries of the land 
where each type of feedstock was produced; and
    (B) Bills of lading, product transfer documents or other commercial 
documents showing the quantity of feedstock purchased from each area 
identified in paragraph (g)(2)(ii)(A) of this section, and showing each 
transfer of custody of the feedstock from the location where it was 
produced to the renewable fuel facility.
    (h) Alternative renewable biomass tracking requirement. Any foreign 
or domestic renewable fuel producer or RIN-generating importer may 
comply with the following alternative renewable biomass tracking 
requirement instead of the recordkeeping requirements in paragraphs 
(c)(1), (d), and (g) of this section:
    (1) To comply with the alternative renewable biomass tracking 
requirement under this paragraph (h), a renewable fuel producer or 
importer must either arrange to have an independent third party conduct 
a comprehensive program of annual compliance surveys, or participate in 
the funding of an organization which arranged to have an independent 
third party conduct a comprehensive program of annual compliance 
surveys, to be carried out in accordance with a survey plan which has 
been approved by EPA.
    (2) The annual compliance surveys under this paragraph (h) must be 
all the following:
    (i) Planned and conducted by an independent surveyor that meets the 
requirements in 40 CFR 1090.55.
    (ii) Conducted at renewable fuel production and import facilities 
and their feedstock suppliers.
    (iii) Representative of all renewable fuel producers and importers 
in the survey area and representative of their feedstock suppliers.
    (iv) Designed to achieve at least the same level of quality 
assurance required in paragraphs (c)(1), (d) and (g) of this section.

[[Page 95]]

    (3) The compliance survey program shall require the independent 
surveyor conducting the surveys to do all the following:
    (i) Conduct feedstock audits of renewable fuel production and import 
facilities in accordance with the survey plan approved under this 
paragraph (h), or immediately notify EPA of any refusal of these 
facilities to allow an audit to be conducted.
    (ii) Obtain the records and product transfer documents associated 
with the feedstocks being audited.
    (iii) Determine the feedstock supplier(s) that supplied the 
feedstocks to the renewable fuel producer.
    (iv) Confirm that feedstocks used to produce RIN-generating 
renewable fuels meet the definition of renewable biomass as defined in 
Sec.  80.1401.
    (v) Immediately notify EPA of any case where the feedstocks do not 
meet the definition of renewable biomass as defined in Sec.  80.1401.
    (vi) Immediately notify EPA of any instances where a renewable fuel 
producer, importer or feedstock supplier subject to review under the 
approved plan fails to cooperate in the manner described in this 
section.
    (vii) Submit to EPA a report of each survey, within thirty days 
following the completion of each survey, such report to include all the 
following information:
    (A) The identification of the person who conducted the survey.
    (B) An attestation by the officer of the surveyor company that the 
survey was conducted in accordance with the survey plan and the survey 
results are accurate.
    (C) Identification of the parties for whom the survey was conducted.
    (D) Identification of the covered area surveyed.
    (E) The dates on which the survey was conducted.
    (F) The address of each facility at which the survey audit was 
conducted and the date of the audit.
    (G) A description of the methodology used to select the locations 
for survey audits and the number of audits conducted.
    (viii) Maintain all records relating to the survey audits conducted 
under this section (h) for a period of at least 5 years.
    (ix) At any time permit any representative of EPA to monitor the 
conduct of the surveys, including observing audits, reviewing records, 
and analysis of the audit results.
    (4) A survey plan under this paragraph (h) must include all the 
following:
    (i) Identification of the parties for whom the survey is to be 
conducted.
    (ii) Identification of the independent surveyor.
    (iii) A methodology for determining all the following:
    (A) When the audits will be conducted.
    (B) The audit locations.
    (C) The number of audits to be conducted during the annual 
compliance period.
    (iv) Any other elements determined by EPA to be necessary to achieve 
the level of quality assurance required under paragraphs (c)(1), (d), 
and (g) of this section.
    (5)(i) Each renewable fuel producer and importer who participates in 
the alternative renewable biomass tracking under this paragraph (h) must 
take all reasonable steps to ensure that each feedstock producer, 
aggregator, distributor, or supplier cooperates with this program by 
allowing the independent surveyor to audit their facility and by 
providing to the independent surveyor and/or EPA, upon request, copies 
of management plans, product transfer documents, and other records or 
information regarding the source of any feedstocks received.
    (ii) Reasonable steps under paragraph (h)(5)(i) of this section must 
include, but typically should not be limited to: Contractual agreements 
with feedstock producers, aggregators, distributors, and suppliers, 
which require them to cooperate with the independent surveyor and/or EPA 
in the manner described in paragraph (h)(5)(i) of this section.
    (6) The procedure for obtaining EPA approval of a survey plan under 
this paragraph (h), and for revocation of any such approval, are as 
follows:
    (i) A detailed survey plan which complies with the requirements of 
this paragraph (h) must be submitted to

[[Page 96]]

EPA, no later than September 1 of the year preceding the calendar year 
in which the surveys will be conducted.
    (ii) The survey plan must be signed by a responsible corporate 
officer of the renewable fuel producer or importer, or responsible 
officer of the organization which arranges to have an independent 
surveyor conduct a program of renewable biomass compliance surveys, as 
applicable.
    (iii) The survey plan must be sent to the attention of ``RFS 
Program'' to the address in Sec.  80.10(a).
    (iv) EPA will send a letter to the party submitting a survey plan 
under this section, either approving or disapproving the survey plan.
    (v) EPA may revoke any approval of a survey plan under this section 
for cause, including an EPA determination that the approved survey plan 
had proved inadequate in practice or that it was not fully implemented.
    (vi) The approving official for an alternative quality assurance 
program under this section is the Director of the Compliance and 
Innovative Strategies Division, Office of Transportation and Air 
Quality.
    (vii) Any notifications required under this paragraph (h) must be 
directed to the officer designated in paragraph (h)(6)(vi) of this 
section.
    (7)(i) No later than December 1 of the year preceding the year in 
which the surveys will be conducted, the contract with the independent 
surveyor shall be in effect, and an amount of money necessary to carry 
out the entire survey plan shall be paid to the independent surveyor or 
placed into an escrow account with instructions to the escrow agent to 
pay the money to the independent surveyor during the course of the 
conduct of the survey plan.
    (ii) No later than December 15 of the year preceding the year in 
which the surveys will be conducted, EPA must receive a copy of the 
contract with the independent surveyor, proof that the money necessary 
to carry out the survey plan has either been paid to the independent 
surveyor or placed into an escrow account, and, if placed into an escrow 
account, a copy of the escrow agreement, to be sent to the official 
designated in paragraph (h)(6)(iii) of this section.
    (8) A failure of any renewable fuel producers or importer to fulfill 
or cause to be fulfilled any of the requirements of this paragraph (h) 
will cause the option for such party to use the alternative quality 
assurance requirements under this paragraph (h) to be void ab initio.
    (i) Requirements for biointermediate producers. In addition to any 
other applicable records a biointermediate producer must maintain under 
this section, any biointermediate producer producing a biointermediate 
must keep all of the following records:
    (1) Product transfer documents consistent with Sec.  80.1453(f) and 
associated with the biointermediate producer's activities, if any, as 
transferor or transferee of biointermediates.
    (2) Copies of all reports submitted to EPA under Sec.  80.1451(i).
    (3) Records related to the production of biointermediates for each 
biointermediate production facility, including all of the following:
    (i) Batch volume.
    (ii) Batch number.
    (iii) Type and quantity of co-products produced.
    (iv) Type and quantity of feedstocks used.
    (v) Type and quantity of fuel used for process heat.
    (vi) Calculations per Sec.  80.1426(f), as applicable.
    (vii) Date of production.
    (viii) Results of any laboratory analysis of batch chemical 
composition or physical properties.
    (4) Copies of registration documents required under Sec.  80.1450, 
including information on products, feedstocks, facility production 
processes, process changes, and capacity, energy sources, and a copy of 
the independent third party engineering review submitted to EPA per 
Sec.  80.1450(b)(2)(i).
    (5) Records demonstrating that feedstocks are renewable biomass, as 
required under paragraphs (d), (g), (h), and (j) of this section, as 
applicable.
    (6) For any biointermediate made from Arundo donax or Pennisetum 
purpureum per Sec.  80.1426(f)(14), all applicable records described in 
paragraph (b)(7) of this section.

[[Page 97]]

    (7) Records, including contracts, related to the implementation of a 
QAP under Sec. Sec.  80.1469 and 80.1477.
    (j) Additional requirements for producers that use separated yard 
waste, separate food waste, separated municipal solid waste, or biogenic 
waste oils/fats/greases. A renewable fuel or biointermediate producer 
that produces fuel or biointermediate from separated yard waste, 
separated food waste, separated municipal solid waste, or biogenic waste 
oils/fats/greases must keep all the following additional records:
    (1) For separated yard waste, separated food waste, and biogenic 
waste oils/fats/greases:
    (i) Documents demonstrating the amounts, by weight, purchased of 
separated yard waste, separated food waste, or biogenic waste oils/fats/
greases for use as a feedstock in producing renewable fuel.
    (ii) Documents demonstrating the location of any establishment(s) 
from which the waste stream consisting solely of separated yard waste, 
separated food waste, or biogenic waste oils/fats/greases is collected.
    (iii) Such other records as may be requested by the Administrator.
    (2) For separated municipal solid waste:
    (i) Contracts and documents memorializing the sale of paper, 
cardboard, plastics, rubber, textiles, metals, and glass separated from 
municipal solid waste for recycling.
    (ii) Documents demonstrating the amounts by weight purchased of 
post-recycled separated yard and food waste for use as a feedstock in 
producing renewable fuel.
    (iii) Documents demonstrating the fuel sampling methods used 
pursuant to Sec.  80.1426(f)(9) and the results of all fuel analyses to 
determine the non-fossil fraction of fuel made from separated municipal 
solid waste.
    (iv) Such other records as may be requested by the Administrator.
    (k) Additional requirements for producers of renewable fuel using 
biogas. (1) Biogas/CNG/LNG and electricity in pathways involving 
feedstocks other than grain sorghum. A renewable fuel producer that 
generates RINs for renewable CNG, renewable LNG or renewable electricity 
pursuant to Sec.  80.1426(f)(10) or (11), or that uses process heat from 
biogas to produce renewable fuel pursuant to Sec.  80.1426(f)(12) shall 
keep all of the following additional records:
    (i) Documentation recording the sale of renewable CNG, renewable LNG 
or renewable electricity for use as transportation fuel relied upon in 
Sec.  80.1426(f)(10), Sec.  80.1426(f)(11), or for use of biogas for 
process heat to make renewable fuel as relied upon in Sec.  
80.1426(f)(12) and the transfer of title of the biogas/CNG/LNG or 
renewable electricity from the point of biogas production to the 
facility which sells or uses the fuel for transportation purposes.
    (ii) Documents demonstrating the volume and energy content of 
biogas/CNG/LNG, or kilowatts of renewable electricity, relied upon under 
Sec.  80.1426(f)(10) that was delivered to the facility which sells or 
uses the fuel for transportation purposes.
    (iii) Documents demonstrating the volume and energy content of 
biogas/CNG/LNG, or kilowatts of renewable electricity, relied upon under 
Sec.  80.1426(f)(11), or biogas relied upon under Sec.  80.1426(f)(12) 
that was placed into the commercial distribution.
    (iv) Documents demonstrating the volume and energy content of biogas 
relied upon under Sec.  80.1426(f)(12) at the point of distribution.
    (v) Affidavits, EPA-approved documentation, or data from a real-time 
electronic monitoring system, confirming that the amount of the biogas/
CNG/LNG or renewable electricity relied upon under Sec.  80.1426(f)(10) 
and (11) was used for transportation purposes only, and for no other 
purpose. The RIN generator shall obtain affidavits, or monitoring system 
data under this paragraph (k), at least once per calendar quarter.
    (vi) The biogas or renewable electricity producer's Compliance 
Certification required under Title V of the Clean Air Act.
    (vii) Any other records as requested by the Administrator.
    (2) Biogas and electricity in pathways involving grain sorghum as 
feedstock. A renewable fuel producer that produces fuel pursuant to a 
pathway that uses grain sorghum as a feedstock

[[Page 98]]

shall keep all of the following additional records, as appropriate:
    (i) Contracts and documents memorializing the purchase and sale of 
biogas and the transfer of biogas from the point of generation to the 
ethanol production facility.
    (ii) If the advanced biofuel pathway is used, documents 
demonstrating the total kilowatt-hours (kWh) of electricity used from 
the grid, and the total kWh of grid electricity used on a per gallon of 
ethanol basis, pursuant to Sec.  80.1426(f)(13).
    (iii) Affidavits from the producer of biogas used at the facility, 
and all parties that held title to the biogas, confirming that title and 
environmental attributes of the biogas relied upon under Sec.  
80.1426(f)(13) were used for producing ethanol at the renewable fuel 
production facility and for no other purpose. The renewable fuel 
producer shall obtain these affidavits at least once per calendar 
quarter.
    (iv) The biogas producer's Compliance Certification required under 
Title V of the Clean Air Act.
    (v) Such other records as may be requested by the Administrator.
    (l) Additional requirements for producers or importers of any 
renewable fuel other than ethanol, biodiesel, renewable gasoline, 
renewable diesel, biogas, or renewable electricity. A renewable fuel 
producer that generates RINs for any renewable fuel other than ethanol, 
biodiesel, renewable gasoline, renewable diesel that meets the Grade No. 
1-D or No. 2-D specification in ASTM D975 (incorporated by reference, 
see Sec.  80.1468), biogas or renewable electricity shall keep all of 
the following additional records:
    (1) Documents demonstrating the total volume of renewable fuel 
produced, total volume of renewable fuel blended into gasoline and 
distillate fuel, and the percentage of renewable fuel in each batch of 
finished fuel.
    (2) Contracts and documents memorializing the sale of renewable fuel 
to parties who blend the fuel into gasoline or diesel fuel to produce a 
transportation fuel, heating oil or jet fuel, or who use the renewable 
fuel in its neat form for a qualifying fuel use.
    (3) For each batch of renewable fuel that generated RINs under Sec.  
80.1426(f)(17)(i)(B)(2), one or more affidavits from the party that 
blended or used the renewable fuel that includes all the following 
information:
    (i) Quantity of renewable fuel received from the producer or 
importer.
    (ii) Date the renewable fuel was received from producer.
    (iii) A description of the fuel that the renewable fuel was blended 
into and the blend ratios for each batch, if applicable.
    (iv) A description of the finished fuel, and a statement that the 
fuel meets all applicable standards and was sold for use as a 
transportation fuel, heating oil or jet fuel.
    (v) Quantity of assigned RINs received with the renewable fuel, if 
applicable.
    (vi) Quantity of assigned RINs that the end user separated from the 
renewable fuel, if applicable.
    (4) Such other records as may be requested by the Administrator.
    (m) Requirements for independent third-party auditors. Any 
independent third-party auditor (as described at Sec.  80.1471) must 
keep all of the following records for a period of at least five years:
    (1) Copies of all reports submitted to the EPA under Sec.  
80.1451(g), as applicable.
    (2) Records related to the implementation of a QAP under Sec.  
80.1469 for each facility including records from facility audits and 
ongoing and quarterly monitoring activities.
    (3) Records related to the verification of RINs under Sec.  
80.1471(e).
    (4) Copies of communications sent to and received from renewable 
fuel producers or foreign renewable fuel producers, feedstock suppliers, 
purchasers of RINs, and obligated parties.
    (5) Copies of all notes relating to the implementation of a QAP 
under Sec.  80.1469.
    (6) List of RINs reported to the EPA and renewable fuel producers or 
foreign renewable fuel producers as potentially invalidly generated 
under Sec.  80.1474 compliance.
    (7) Records related to the professional liability insurance 
requirement under Sec.  80.1471(c).
    (8) Copies of all records related to any financial assurance 
instrument as

[[Page 99]]

required under Sec.  80.1470 under a quality assurance plan implemented 
under Sec.  80.1469(a) during the interim period.
    (9) Copies of all records and notifications related to the 
identification of a potentially invalid RIN under Sec.  80.1474(b).
    (10) Copies of all reports required under Sec.  80.1464.
    (11) Such other records as may be requested by the Administrator.
    (n) Additional requirements for producers of renewable fuel using 
crop residue. Producers of renewable fuel using crop residue must keep 
records of all of the following:
    (1) The specific crop residue feedstock(s) utilized to produce 
renewable fuel for each batch of renewable fuel produced.
    (2) The total quantity of each specific crop residue feedstock used 
for each batch.
    (3) Total amount of fuel produced under the crop residue pathway for 
each batch.
    (o) Requirements for parties that redesignate certified NTDF as 
MVNRLM diesel fuel. Parties that redesignate certified NTDF as MVNRLM 
diesel fuel under Sec.  80.1408 must keep all of the following 
additional records:
    (1) Records related to all transactions in which certified NTDF is 
redesignated as MVNRLM diesel fuel.
    (2) Records related to all transactions in which MVNRLM diesel fuel 
is redesignated to a non-transportation use.
    (3) Records related to the volume of MVNRLM diesel fuel received.
    (4) Records related to the volume of MVNRLM diesel fuel delivered.
    (5) Records related to the volume of certified NTDF received.
    (6) Records related to the volume of certified NTDF delivered.
    (p) Requirements for recordkeeping of RIN holdings for all parties 
transacting or owning RINs. (1) Starting January 1, 2020, parties must 
retain records related to end-of-day separated D6 RIN holdings, and any 
associated calculations recorded in order to meet the RIN holdings 
requirements described in Sec.  80.1435 for a period of at least five 
years. Such records must include information related to any corporate 
affiliates, contractual affiliates, and their RIN holdings and 
calculations.
    (2) Parties must retain records related to their reports to EPA 
regarding threshold compliance under Sec. Sec.  80.1435 and 80.1451 for 
a period of at least five years.
    (q) Requirements for recordkeeping of contractual and corporate 
affiliates. (1) Parties must retain records including, but not limited 
to, the name, address, business location, contact information, and 
description of relationship, for each RIN-holding corporate affiliate 
for a period of at least five years. For the corporate affiliate group, 
a relational diagram.
    (2) Parties must retain records including, but not limited to, the 
name, address, business location, contact information, and contract or 
other agreement for each contractual affiliate for a period of at least 
five years.
    (3) If a party claims an exemption from aggregation under Sec.  
80.1435(e), the party must retain all records in support of the 
exemption for a period of at least five years and must provide these 
records to the attest auditor under Sec.  80.1464, and to EPA upon 
request.
    (r) Transaction requirement. Beginning July 1, 2010, all parties 
must keep transaction information sent to EMTS in addition to other 
records required under this section.
    (1) For buy or sell transactions of separated RINs, parties must 
retain records substantiating the price reported to EPA under Sec.  
80.1452.
    (2) For buy or sell transactions of separated RINs on or after 
January 1, 2020, parties must retain records demonstrating the 
transaction mechanism (e.g., spot market or fulfilling a term contract).
    (s) Record retention requirement. (1) The records required under 
paragraphs (a) through (d), (f) through (l), (n), and (r) of this 
section and under Sec.  80.1453 must be kept for five years from the 
date they were created, except that records related to transactions 
involving RINs must be kept for five years from the date of the RIN 
transaction.
    (2) The records required under paragraph (e) of this section must be 
kept through calendar year 2022.

[[Page 100]]

    (t) Record availability requirement. On request by the EPA, the 
records required under this section and under Sec.  80.1453 must be made 
available to the Administrator or the Administrator's authorized 
representative. For records that are electronically generated or 
maintained, the equipment or software necessary to read the records 
shall be made available; or, if requested by the EPA, electronic records 
shall be converted to paper documents.
    (u) Record transfer requirement. The records required in paragraphs 
(b)(3) and (c)(1) of this section must be transferred with any renewable 
fuel sent to the importer of that renewable fuel by any non-RIN-
generating foreign producer.
    (v) English language records. Any document requested by the 
Administrator under this section must be submitted in English or must 
include an English translation.

[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]



Sec.  80.1455  What are the small volume provisions for renewable fuel
production facilities and importers?

    (a) Standard volume threshold. Renewable fuel production facilities 
located within the United States that produce less than 10,000 gallons 
of renewable fuel each year, and importers who import less than 10,000 
gallons of renewable fuel each year, are not subject to the requirements 
of Sec.  80.1426(a) and (e) related to the generation and assignment of 
RINs to batches of renewable fuel. Except as stated in paragraph (b) of 
this section, such production facilities and importers that do not 
generate and assign RINs to batches of renewable fuel are also exempt 
from all the following requirements of this subpart:
    (1) The registration requirements of Sec.  80.1450.
    (2) The reporting requirements of Sec.  80.1451.
    (3) The EMTS requirements of Sec.  80.1452.
    (4) The recordkeeping requirements of Sec.  80.1454.
    (5) The attest engagement requirements of Sec.  80.1464.
    (6) The production outlook report requirements of Sec.  80.1449.
    (b)(1) Renewable fuel production facilities and importers who 
produce or import less than 10,000 gallons of renewable fuel each year 
and that generate and assign RINs to batches of renewable fuel are 
subject to the provisions of Sec. Sec.  80.1426, 80.1449 through 
80.1452, 80.1454, and 80.1464.
    (2) Renewable fuel production facilities and importers who produce 
or import less than 10,000 gallons of renewable fuel each year but wish 
to own RINs will be subject to all requirements stated in paragraphs 
(a)(1) through (a)(6) and (b)(1) of this section, and all other 
applicable requirements of this subpart M.
    (c) Temporary volume threshold. Renewable fuel production facilities 
located within the United States that produce less than 125,000 gallons 
of renewable fuel each year are not subject to the requirements of Sec.  
80.1426(a) and (e) related to the generation and assignment of RINs to 
batches of renewable fuel for up to three years, beginning with the 
calendar year in which the production facility produces its first gallon 
of renewable fuel. Except as stated in paragraph (d) of this section, 
such production facilities that do not generate and assign RINs to 
batches of renewable fuel are also exempt from all the following 
requirements of this subpart for a maximum of three years:
    (1) The registration requirements of Sec.  80.1450.
    (2) The reporting requirements of Sec.  80.1451.
    (3) The EMTS requirements of Sec.  80.1452.
    (4) The recordkeeping requirements of Sec.  80.1454.
    (5) The attest engagement requirements of Sec.  80.1464.
    (6) The production outlook report requirements of Sec.  80.1449.
    (d)(1) Renewable fuel production facilities who produce less than 
125,000 gallons of renewable fuel each year and that generate and assign 
RINs to batches of renewable fuel are subject to

[[Page 101]]

the provisions of Sec. Sec.  80.1426, 80.1449 through 80.1452, 80.1454, 
and 80.1464.
    (2) Renewable fuel production facilities who produce less than 
125,000 gallons of renewable fuel each year but wish to own RINs will be 
subject to all requirements stated in paragraphs (c)(1) through (c)(6) 
and (d)(1) of this section, and all other applicable requirements of 
this subpart M.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26047, May 10, 2010]



Sec.  80.1456  What are the provisions for cellulosic biofuel waiver
credits?

    (a) If EPA reduces the applicable volume of cellulosic biofuel 
pursuant to section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 
7545(o)(7)(D)(i)) for any given compliance year, then EPA will provide 
cellulosic biofuel waiver credits for purchase for that compliance year.
    (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 Sec.  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 comparison to calendar 
year 2008.
    (2) The wholesale price of gasoline will be calculated by averaging 
the most recent twelve monthly values for U.S. Total Gasoline Bulk Sales 
(Price) by Refiners as provided by the Energy Information Administration 
that are available as of September 30 of the year preceding the 
compliance period.
    (3) The inflation adjustment will be calculated by comparing the 
Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, 
Unadjusted Index for All Items expenditure category as provided by the 
Bureau of Labor Statistics for June of the year preceding the compliance 
period to the comparable value reported for January 2009.
    (e) Cellulosic biofuel waiver credits under this section will only 
be able to be purchased on forms and following procedures prescribed by 
EPA.

[75 FR 14863, Mar. 26, 2010, as amended at 80 FR 18141, Apr. 3, 2015]



Sec.  80.1457  Petition process for aggregate compliance approach for
foreign countries.

    (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.

[[Page 102]]

    (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, pastureland, and land that is 
equivalent to U.S. Conservation Reserve Program land, needed for the 
annual EPA evaluation specified in Sec.  80.1454(g)(1), and whether the 
data, analyses, and methodologies are publicly available.
    (2) [Reserved]
    (b) Any petition and all supporting materials submitted under 
paragraph (a) of this section must be submitted both in English and its 
original language (if other than English), and must include all of the 
following or an explanation of why it is not needed for EPA to consider 
the petition:
    (1) Maps or electronic data identifying the boundaries of the land 
for which the petitioner seeks approval of an aggregate compliance 
approach.
    (2) The total amount of land that is cropland, pastureland, or land 
equivalent to U.S. Conservation Reserve Program land within the 
geographic boundaries specified in paragraph (b)(1) of this section that 
was cleared or cultivated prior to December 19, 2007 and that was 
actively managed or fallow and nonforested on that date, and
    (3) Land use data that demonstrates that the land identified in 
paragraph (b)(1) of this section is cropland, pastureland or land 
equivalent to U.S. Conservation Reserve Program land that was cleared or 
cultivated prior to December 19, 2007, and that was actively managed or 
fallow and nonforested on that date, which may include any of the 
following:
    (i) Satellite imagery or data.
    (ii) Aerial photography.
    (iii) Census data.
    (iv) Agricultural survey data.
    (v) Agricultural economic modeling data.
    (4) Historical land use data for the land within the geographic 
boundaries specified in paragraph (b)(1) of this section to the current 
year, which may include any of the following:
    (i) Satellite imagery or data.
    (ii) Aerial photography.
    (iii) Census data.
    (iv) Agricultural surveys.
    (v) Agricultural economic modeling data.
    (5) A description of any applicable laws, agricultural practices, 
economic considerations, or other relevant factors that had or may have 
an effect on the use of agricultural land within the geographic 
boundaries specified in paragraph (b)(1) of this section, including 
information regarding the efficacy and enforcement of relevant laws and 
regulations.
    (6) A plan describing how the petitioner will identify a credible 
and reliable entity who will, on a continuing basis, conduct data 
gathering, analysis, and submittal to assist EPA in making an annual 
determination of whether the criteria specified in paragraph (a) of this 
section remains satisfied.

[[Page 103]]

    (7) A letter, signed by a national government representative at the 
ministerial level or equivalent, confirming that the petition and all 
supporting data have been reviewed and verified by the ministry (or 
ministries) or department(s) of the national government with primary 
expertise in agricultural land use patterns, practices, data, and 
statistics, that the data support a finding that planted crops and crop 
residue from the specified country meet the definition of renewable 
biomass and will continue to meet the definition of renewable biomass, 
and that the responsible national government ministry (or ministries) or 
department(s) will review and verify the data submitted on an annual 
basis to facilitate EPA's annual evaluation of the 2007 baseline area of 
land specified in Sec.  80.1454(g)(1) for the country in question.
    (8) Any additional information the Administrator may require.
    (c) EPA will issue a Federal Register notice informing the public of 
receipt of any petition submitted pursuant to this section and will 
provide a 60-day period for public comment. If EPA approves a petition 
it will issue a Federal Register notice announcing its decision and 
specifying an effective date for the application of the aggregate 
compliance approach to planted crops and crop residue from the country. 
Thereafter, the planted crops and crop residue from the country will be 
covered by the aggregate compliance approach set forth in Sec.  
80.1454(g), or as otherwise specified pursuant to paragraph (d) of this 
section.
    (d) If EPA grants a petition to establish an aggregate compliance 
approach for planted crops and crop residue from a foreign country, it 
may include any conditions that EPA considers appropriate in light of 
the conditions and circumstances involved.
    (e)(1) EPA may withdraw its approval of the aggregate compliance 
approach for the planted crops and crop residue from the country in 
question if:
    (i) EPA determines that the data submitted pursuant to the plan 
described in paragraph (b)(6) of this section does not demonstrate that 
the amount of cropland, pastureland and land equivalent to U.S. 
Conservation Reserve Program land within the geographic boundaries 
covered by the approved petition does not exceed the 2007 baseline area 
of land;
    (ii) EPA determines based on other information that the criteria 
specified in paragraph (a) of this section is no longer satisfied; or
    (iii) EPA determines that the data needed for its annual evaluation 
has not been collected and submitted in a timely and appropriate manner.
    (2) If EPA withdraws its approval for a given country, then 
producers using planted crops or crop residue from that country will be 
subject to the individual recordkeeping and reporting requirements of 
Sec.  80.1454(b) through (d) in accordance with the schedule specified 
in Sec.  80.1454(g).

[75 FR 76829, Dec. 9, 2010]



Sec. Sec.  80.1458-80.1459  [Reserved]



Sec.  80.1460  What acts are prohibited under the RFS program?

    (a) Renewable fuels producer or importer violation. Except as 
provided in Sec.  80.1455, no person shall produce or import a renewable 
fuel without complying with the requirements of Sec.  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 
Sec.  80.1431.
    (3) Transfer to any person a RIN that is not properly identified as 
required under Sec.  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 Sec.  80.1426(c)(6).

[[Page 104]]

    (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 
Sec.  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 Sec.  80.1427.
    (2) Use a validly generated RIN to meet the person's RVOs under 
Sec.  80.1427, or separate and transfer a validly generated RIN, where 
the person using the RIN ultimately uses the renewable fuel volume 
associated with the RIN in an application other than for use as 
transportation fuel, jet fuel, or heating oil (as defined in Sec.  
80.1401).
    (3) Use a validly generated RIN to meet the person's RVOs under 
Sec.  80.1427, or separate and transfer a validly generated RIN, where 
the person ultimately uses the renewable fuel volume associated with the 
RIN in an application other than for use as transportation fuel, jet 
fuel, or heating oil (as defined in Sec.  80.1401).
    (d) RIN retention violation. No person shall retain RINs in 
violation of the requirements in Sec.  80.1428(a)(5).
    (e) Causing a violation. No person shall cause another person to 
commit an act in violation of any prohibited act under this section.
    (f) Failure to meet a requirement. No person shall fail to meet any 
requirement that applies to that person under this subpart.
    (g) Failing to use a renewable fuel oil for its intended use. No 
person shall use fuel oil that meets paragraph (2) of the definition of 
``heating oil'' in Sec.  80.1401 and for which RINs have been generated 
in an application other than to heat or cool interior spaces of homes or 
buildings to control ambient climate for human comfort.
    (h) RIN separation violations. No person shall do any of the 
following:
    (1) Identify separated RINs in EMTS with the wrong separation reason 
code.
    (2) Identify separated RINs in EMTS without having a qualifying 
separation event pursuant to Sec.  80.1429.
    (3) Separate more than 2.5 RINs per gallon of renewable fuel that 
has a valid qualifying separation event pursuant to Sec.  80.1429.
    (4) Separate RINs outside of the requirements in Sec.  80.1452(c).
    (5) Improperly separate RINs in any other way not listed in 
paragraphs (h)(1)-(4) of this section.
    (i) Independent third-party auditor violations. No person shall do 
any of the following:
    (1) Fail to fully implement a QAP approved under Sec.  80.1469.
    (2) Fail to fully, accurately, and timely notify all appropriate 
parties of potentially invalid RINs under Sec.  80.1474(b).
    (3) Verify a RIN under Sec.  80.1471(e) without verifying every 
applicable requirement in Sec.  80.1469 and verifying each element in an 
approved QAP.
    (j) Redesignation violations. No person may exceed the balance 
requirements at Sec.  80.1408(a)(2)(i) without incurring an RVO.
    (k) Biointermediate-related violations. No person may do any of the 
following:
    (1) Introduce into commerce for use in the production of a renewable 
fuel any biointermediate produced from a feedstock or through a process 
that is not described in the person's registration information.
    (2) Produce a renewable fuel at more than one facility unless the 
person uses a biointermediate or the renewable biomass is not 
substantially altered. Form changes of renewable biomass such as 
bleaching through adsorption, rendering fats, chopping, crushing, 
grinding, pelletizing, filtering, compacting/compression, centrifuging, 
degumming, dewatering/drying, melting, triglycerides resulting from 
deodorizing, or the addition of water to produce a slurry do not 
constitute substantial alteration.
    (3) Transfer a biointermediate from a biointermediate production 
facility to a facility other than the renewable fuel production facility 
specified in the biointermediate producer's registration under Sec.  
80.1450(b)(1)(ii)(B)(1).
    (4) Isolate or concentrate non-characteristic components of the 
feedstock to yield a biointermediate not identified in a registration 
accepted by EPA.

[[Page 105]]

    (5) No person may transfer a biointermediate without complying with 
the PTD requirements in Sec.  80.1453(f).

[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]



Sec.  80.1461  Who is liable for violations under the RFS program?

    (a) Liability for violations of prohibited acts. (1) Any person who 
violates a prohibition under Sec.  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 Sec.  80.1460(a) through (d) or (g) through (k) is liable for a 
violation of Sec.  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 Sec.  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.
    (3) Each carrier who dispensed, supplied, stored, or transported any 
biointermediate that was in the storage tank containing the 
biointermediate found to be in violation, provided that EPA 
demonstrates, by reasonably specific showings using direct or 
circumstantial evidence, that the carrier caused the violation.

[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]



Sec.  80.1462  [Reserved]



Sec.  80.1463  What penalties apply under the RFS program?

    (a) Any person who is liable for a violation under Sec.  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 Sec.  80.1461(a) for a violation of 
Sec.  80.1460(c) for failure to meet its RVOs, or Sec.  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 Sec.  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 Sec.  80.1461(a) for a violation of 
Sec.  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

[[Page 106]]

demonstrate compliance with the RFS program.

[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]



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

    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 Sec. Sec.  80.1465 and 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 (as 
described at Sec.  80.1406(a)) or exporter of renewable fuel (as 
described at Sec.  80.1430):
    (1) Annual compliance demonstration report. (i) Obtain and read a 
copy of the annual compliance demonstration report required under Sec.  
80.1451(a)(1) which contains information regarding all the following:
    (A) The obligated party's volume of all products listed in Sec.  
80.1407(c) and (e), or the exporter of renewable fuel's volume of each 
category of exported renewable fuel identified in Sec.  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 Sec.  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 Sec.  80.1407(c), (e), and (f) reported to EPA in the report required 
under Sec.  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 products identified in these documents 
with the volumes reported to EPA.
    (C) Verify that the volumes reported to EPA agree with the volumes 
identified in the database, spreadsheet, or other documentation, and 
report as a finding any exception.
    (D) Select sample batches in accordance with the guidelines in 40 
CFR 1090.1805 from each separate category of renewable fuel exported and 
identified in Sec.  80.1451(a); obtain invoices, bills of lading and 
other documentation for the representative samples; state whether any of 
these documents refer to the exported fuel as advanced biofuel or 
cellulosic biofuel; and report as a finding whether or not the exporter 
of renewable fuel calculated an advanced biofuel or cellulosic biofuel 
RVO for these fuels pursuant to Sec.  80.1430(b)(1) or (3).
    (v) Compute and report as a finding the RVOs for the obligated party 
or exporter of renewable fuel, and any deficit RVOs carried over from 
the previous year or carried into the subsequent year, and verify that 
the values agree with the values reported to EPA.
    (vi) Obtain the database, spreadsheet, or other documentation for 
all RINs by type of renewable fuel used for compliance during the year 
being reviewed; calculate the total number of RINs associated with each 
type of renewable fuel used for compliance by year of generation 
represented in these documents; state whether this information agrees 
with the report to EPA and report as a finding any exceptions.
    (vii) For obligated parties that redesignate certified NTDF as 
MVNRLM diesel fuel under Sec.  80.1408, perform the additional attest 
engagement procedures described at Sec.  80.1475 and report any findings 
in the report described in paragraph (d) of this section. Parties that 
do not incur an RVO under

[[Page 107]]

Sec.  80.1408(a)(2)(i) and do not otherwise need to complete an attest 
engagement under this paragraph (a) do not need to arrange for the 
additional attest engagement procedures under Sec.  80.1475 to be 
performed.
    (2) RIN transaction reports and product transfer documents. (i) 
Obtain and read copies of a representative sample, selected in 
accordance with the guidelines in 40 CFR 1090.1805, of each RIN 
transaction type (RINs purchased, RINs sold, RINs retired, RINs 
separated, RINs reinstated) included in the RIN transaction reports 
required under Sec.  80.1451(a)(2) for the compliance year.
    (ii) Obtain contracts, invoices, or other documentation for the 
representative samples of RIN transactions; compute the transaction 
types, transaction dates, and RINs traded; state whether the information 
agrees with the party's reports to EPA and report as a finding any 
exceptions.
    (iii) Verify that the product transfer documents for the 
representative samples under paragraph (a)(2)(i) of this section of RINs 
sold and the RINs purchased contain the applicable information required 
under Sec.  80.1453 and report as a finding any product transfer 
document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the product 
transfer documents reviewed pursuant to paragraph (a)(2)(iii) of this 
section and report as a finding any exceptions.
    (3) RIN activity reports. (i) Obtain and read copies of all 
quarterly RIN activity reports required under Sec.  80.1451(a)(3) for 
the compliance year.
    (ii) Obtain the database, spreadsheet, or other documentation used 
to generate the information in the RIN activity reports; compare the RIN 
transaction samples reviewed under paragraph (a)(2) of this section with 
the corresponding entries in the database or spreadsheet and report as a 
finding any discrepancies; compute the total number of current-year and 
prior-year RINs owned at the start and end of each quarter, and for 
parties that reported RIN activity for RINs assigned to a volume of 
renewable fuel, the volume and type of renewable fuel owned at the end 
of each quarter, as represented in these documents; and state whether 
this information agrees with the party's reports to EPA.
    (4) RIN holdings. (i) Obtain and read copies of the RIN holdings 
calculations performed under Sec.  80.1435 for the party and any 
corporate affiliates and the applicable database, spreadsheet, or other 
documentation the party maintains.
    (ii) Select sample calculations in accordance with the guidelines in 
40 CFR 1090.1805; compute and report as a finding the results of these 
calculations and verify that the results agree with the values reported 
to EPA.
    (iii) Identify any date(s) where the aggregated calculation exceeded 
the RIN holding threshold(s) specified in Sec.  80.1435. Compute and 
state as a finding whether this information agrees with the party's 
reports (notification of threshold exceedance) to EPA.
    (5) Affiliates. Review reports and records related to corporate and 
contractual affiliates and state whether this information agrees with 
the party's reports to EPA, and report as a finding any exceptions.
    (6) Exemption. Review and confirm the existence of records 
supporting an exemption from aggregation claimed by the party under 
Sec.  80.1435(e), and report as a finding any exceptions.
    (7) Compliance reports. Compare the list of compliance reports 
submitted to EPA during the compliance period to the reporting 
requirements for the entity in Sec.  80.1451. Report as a finding any 
reporting requirements that were not completed.
    (b) Renewable fuel producers and RIN-generating importers. The 
following attest procedures shall be completed for any RIN-generating 
renewable fuel producer or importer:
    (1) RIN generation reports. (i) Obtain and read copies of the 
reports required under Sec.  80.1451(b)(1), (e), and (d) for the 
compliance year.
    (ii) Obtain production data for each renewable fuel batch by type of 
renewable fuel that was produced or imported during the year being 
reviewed; compute the RIN numbers, production dates, types, volumes of 
ethanol denaturant and applicable equivalence values, and production 
volumes for each batch; report the total RINs generated during the year 
being reviewed; and state whether this information agrees

[[Page 108]]

with the party's reports to EPA. Report as a finding any exceptions.
    (iii) Verify that the proper number of RINs were generated and 
assigned pursuant to the requirements of Sec.  80.1426 for each batch of 
renewable fuel produced or imported. For RINs generated for ethanol 
produced from corn starch at a facility using a pathway in Table 1 to 
Sec.  80.1426 that requires the use of one or more of the advanced 
technologies listed in Table 2 to Sec.  80.1426, verify that the 
required advanced technology or technologies were employed in accordance 
with the specifications in Tables 1 and 2 to Sec.  80.1426, including 
any requirement for application to 90% of the production on a calendar 
year basis.
    (iv) Obtain product transfer documents for a representative sample, 
selected in accordance with the guidelines in 40 CFR 1090.1805, of 
renewable fuel batches produced or imported during the year being 
reviewed; verify that the product transfer documents contain the 
applicable information required under Sec.  80.1453; verify the accuracy 
of the information contained in the product transfer documents; report 
as a finding any product transfer document that does not contain the 
applicable information required under Sec.  80.1453.
    (v)(A) Obtain documentation, as required under Sec.  80.1451(b), 
(d), and (e), associated with feedstock and biointermediate purchases 
for a representative sample of feedstocks and biointermediates 
separately, selected in accordance with the guidelines in 40 CFR 
1090.1805, of renewable fuel batches produced or imported during the 
year being reviewed.
    (B) Verify that feedstocks were properly identified in the reports 
and met the definition of renewable biomass in Sec.  80.1401.
    (C) Verify that biointermediates were properly identified in the 
reports, as applicable.
    (2) RIN transaction reports and product transfer documents. (i) 
Obtain and read copies of a representative sample, selected in 
accordance with the guidelines in 40 CFR 1090.1805, of each transaction 
type (RINs purchased, RINs sold, RINs retired, RINs separated, RINs 
reinstated) included in the RIN transaction reports required under Sec.  
80.1451(b)(2) for the compliance year.
    (ii) Obtain contracts, invoices, or other documentation for the 
representative samples of RIN transactions; compute the transaction 
types, transaction dates, and the RINs traded; state whether this 
information agrees with the party's reports to EPA and report as a 
finding any exceptions.
    (iii) Verify that the product transfer documents for the 
representative samples under paragraph (b)(2)(i) of this section of RINs 
sold and the RINs purchased contain the applicable information required 
under Sec.  80.1453 and report as a finding any product transfer 
document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the product 
transfer documents reviewed pursuant to paragraph (b)(2)(iii) of this 
section and report as a finding any exceptions.
    (3) RIN activity reports. (i) Obtain and read copies of the 
quarterly RIN activity reports required under Sec.  80.1451(b)(3) for 
the compliance year.
    (ii) Obtain the database, spreadsheet, or other documentation used 
to generate the information in the RIN activity reports; compare the RIN 
transaction samples reviewed under paragraph (b)(2) of this section with 
the corresponding entries in the database or spreadsheet and report as a 
finding any discrepancies; report the total number of each RIN generated 
during each quarter and compute and report the total number of current-
year and prior-year RINs owned at the start and end of each quarter, and 
for parties that reported RIN activity for RINs assigned to a volume of 
renewable fuel, the volume of renewable fuel owned at the end of each 
quarter, as represented in these documents; and state whether this 
information agrees with the party's reports to EPA.
    (4) Independent Third Party Engineering Review. (i) Obtain 
documentation of independent third-party engineering reviews required 
under Sec.  80.1450(b)(2). Such documentation must include the date of 
the last engineering review along with date of the actual site visit by 
the professional engineer.
    (ii) Review and verify the written verification and records 
generated as

[[Page 109]]

part of the independent third party engineering review.
    (iii) Verify that independent third-party engineering reviews 
conducted under Sec.  80.1450(d)(3) occurred within the three-year 
cycle. Report as a finding if the engineering review was not updated as 
part of the three-year cycle under Sec.  80.1450(d)(3).
    (5) RIN holdings. (i) Obtain and read copies of the RIN holdings 
calculations performed under Sec.  80.1435 for the party and any 
corporate affiliates and the applicable database, spreadsheet, or other 
documentation the party maintains.
    (ii) Select sample calculations in accordance with the guidelines in 
40 CFR 1090.1805; compute and report as a finding the results of these 
calculations and verify that the results agree with the values reported 
to EPA.
    (iii) Identify any date(s) where the aggregated calculation exceeded 
the RIN holding threshold(s) specified in Sec.  80.1435. Compute and 
state as a finding whether this information agrees with the party's 
reports (notification of threshold exceedance) to EPA.
    (6) Affiliates. Review reports and records related to corporate and 
contractual affiliates and state whether this information agrees with 
the party's reports to EPA, and report as a finding any exceptions.
    (7) Exemption. Review and confirm the existence of records 
supporting an exemption from aggregation claimed by the party under 
Sec.  80.1435(e), and report as a finding any exceptions.
    (8) Compliance reports. Compare the list of compliance reports 
submitted to EPA during the compliance period to the reporting 
requirements for the entity in Sec.  80.1451. Report as a finding any 
reporting requirements that were not completed.
    (c) Other parties owning RINs. Except as specified in paragraph 
(c)(6) of this section, the following attest procedures must be 
completed for any party other than an obligated party or renewable fuel 
producer or importer that owns any RINs during a calendar year:
    (1) RIN transaction reports and product transfer documents.
    (i) Obtain and read copies of a representative sample, selected in 
accordance with the guidelines in 40 CFR 1090.1805, of each RIN 
transaction type (RINs purchased, RINs sold, RINs retired, RINs 
separated, RINs reinstated) included in the RIN transaction reports 
required under Sec.  80.1451(c)(1) for the compliance year.
    (ii) Obtain contracts, invoices, or other documentation for the 
representative samples of RIN transactions; compute the transaction 
types, transaction dates, and the RINs traded; state whether this 
information agrees with the party's reports to EPA and report as a 
finding any exceptions.
    (iii) Verify that the product transfer documents for the 
representative samples under paragraph (c)(1)(i) of this section of RINs 
sold and RINs purchased contain the applicable information required 
under Sec.  80.1453 and report as a finding any product transfer 
document that does not contain the required information.
    (iv) Verify the accuracy of the information contained in the product 
transfer documents reviewed pursuant to paragraph (c)(1)(iii) of this 
section and report as a finding any exceptions.
    (2) RIN activity reports.
    (i) Obtain and read copies of the quarterly RIN activity reports 
required under Sec.  80.1451(c)(2) for the compliance year.
    (ii) Obtain the database, spreadsheet, or other documentation used 
to generate the information in the RIN activity reports; compare the RIN 
transaction samples reviewed under paragraph (c)(1) of this section with 
the corresponding entries in the database or spreadsheet and report as a 
finding any discrepancies; compute the total number of current-year and 
prior-year RINs owned at the start and end of each quarter, and for 
parties that reported RIN activity for RINs assigned to a volume of 
renewable fuel, the volume of renewable fuel owned at the end of each 
quarter, as represented in these documents; and state whether this 
information agrees with the party's reports to EPA.
    (3) RIN holdings. (i) Obtain and read copies of the RIN holdings 
calculations performed under Sec.  80.1435 for the party and any 
corporate affiliates and the applicable database, spreadsheet, or other 
documentation the party maintains.
    (ii) Select sample calculations in accordance with the guidelines in 
40 CFR

[[Page 110]]

1090.1805; compute and report as a finding the results of these 
calculations and verify that the results agree with the values reported 
to EPA.
    (iii) Identify any date(s) where the aggregated calculation exceeded 
the RIN holding threshold(s) specified in Sec.  80.1435. Compute and 
state as a finding whether this information agrees with the party's 
reports (notification of threshold exceedance) to EPA.
    (4) Affiliates. Review reports and records related to corporate and 
contractual affiliates and state whether this information agrees with 
the party's reports to EPA, and report as a finding any exceptions.
    (5) Exemption. Review and confirm the existence of records 
supporting an exemption from aggregation claimed by the party under 
Sec.  80.1435(e), and report as a finding any exceptions.
    (6) Low-volume RIN owner exemption. Any party who meets all the 
following criteria in a given compliance period is not required to 
submit an attest engagement for that compliance period:
    (i) The party must be solely registered as a party owning RINs 
(i.e., a ``RIN Owner Only'') and must not also be registered in any 
other role under Sec.  80.1450 (e.g., the party must not also be an 
obligated party, exporter of renewable fuel, renewable fuel producer, 
RIN generating importer, etc.).
    (ii) The party must have transacted (e.g., generated, bought, sold, 
separated, or retired) 10,000 or fewer RINs in the given compliance 
period.
    (iii) The party has not exceeded the RIN holding threshold(s) 
specified in Sec.  80.1435.
    (7) Compliance reports. Compare the list of compliance reports 
submitted to EPA during the compliance period to the reporting 
requirements for the entity in Sec.  80.1451. Report as a finding any 
reporting requirements that were not completed.
    (d) Report submission deadlines--(1) Obligated parties. (i) Except 
as specified in paragraph (d)(1)(ii) of this section, for obligated 
parties, annual attest engagement reports must be submitted to EPA by 
whichever of the following dates is latest:
    (A) June 1 of the subsequent calendar year.
    (B) The next June 1 annual attest engagement reporting deadline 
after the annual compliance reporting deadline under Sec.  
80.1451(f)(1)(i)(A).
    (ii)(A) For obligated parties that meet the requirements for a small 
refinery under Sec.  80.1441(e)(2)(iii), for the 2019 compliance year, 
annual attest engagement reports must be submitted to EPA no later than 
the next June 1 annual attest engagement reporting deadline after the 
annual compliance reporting deadline under Sec.  80.1451(f)(1)(i)(B)(1).
    (B) For obligated parties, for the 2020 compliance year, annual 
attest engagement reports must be submitted to EPA no later than the 
next June 1 annual attest engagement reporting deadline after the annual 
compliance reporting deadline under Sec.  80.1451(f)(1)(i)(B)(2).
    (C) For obligated parties, for the 2021 compliance year, annual 
attest engagement reports must be submitted to EPA no later than the 
next June 1 annual attest engagement reporting deadline after the annual 
compliance reporting deadline under Sec.  80.1451(f)(1)(i)(B)(3).
    (D) For obligated parties, for the 2022 compliance year, annual 
attest engagement reports must be submitted to EPA no later than the 
next June 1 annual attest engagement reporting deadline after the annual 
compliance reporting deadline under Sec.  80.1451(f)(1)(i)(B)(4).
    (2) All other parties. All parties other than obligated parties must 
submit annual attest engagement reports to EPA by June 1 of the 
subsequent calendar year.
    (3) Deadline publication. The annual attest engagement reporting 
deadline will be calculated in accordance with paragraph (d)(1) of this 
section and published on EPA's website.
    (e) The party conducting the procedures under this section shall 
obtain a written representation from a company representative that the 
copies of the reports required under this section are complete and 
accurate copies of the reports filed with EPA.
    (f) The party conducting the procedures under this section shall 
identify and report as a finding the commercial computer program used by 
the party to

[[Page 111]]

track the data required by the regulations in this subpart, if any.
    (g) [Reserved]
    (h) Biointermediate producers. The following attest reports must be 
completed for any biointermediate producer that produces a 
biointermediate in a compliance year:
    (1) Biointermediate production reports. (i) Obtain and read copies 
of the quarterly biointermediate production reports required under Sec.  
80.1451(i); compare the reported information to the requirements under 
Sec.  80.1451(i); and report as a finding any missing or incomplete 
information in the reports.
    (ii) Obtain any database, spreadsheet, or other documentation used 
to generate the information in the biointermediate production reports; 
compare the corresponding entries in the database or spreadsheet and 
report as a finding any discrepancies.
    (iii) For a representative sample of biointermediate batches, 
selected in accordance with the guidelines in 40 CFR 1090.1805, obtain 
records required under Sec.  80.1454(i); compare these records to the 
corresponding batch entries in the reports procured in paragraph 
(h)(1)(i) of this section and report as a finding any discrepancies.
    (iv) Obtain the list of designated renewable fuel production 
facilities under Sec.  80.1450(b)(1)(ii)(B)(1); compare the list of 
registered designated renewable fuel production facilities to those 
identified in the biointermediate production report; and report as a 
finding any discrepancies.
    (v) Provide the list of renewable fuel producers receiving any 
transfer of biointermediate batches and calculate the total volume from 
the batches received.
    (2) Independent third-party engineering review. (i) Obtain 
documentation of independent third-party engineering reviews required 
under Sec.  80.1450(b)(2).
    (ii) Review and verify the written verification and records 
generated as part of the independent third-party engineering review.
    (iii) Provide the date of the submission of the last engineering 
review along with the date of the actual site visit by the professional 
engineer. Report as a finding if the engineering review was not updated 
as part of the three-year cycle under Sec.  80.1450(d)(3).
    (iv) Compare and provide the total volume of produced 
biointermediate during the compliance year as compared to the production 
capacity stated in the engineering review and report as a finding if the 
volume of produced biointermediate is greater than the stated production 
capacity.
    (3) Product transfer documents. (i) Obtain contracts, invoices, or 
other documentation for each batch in the representative sample under 
paragraph (h)(1)(iii) of this section and the corresponding copies of 
product transfer documents required under Sec.  80.1453; compare the 
product transfer documents with the contracts and invoices and report as 
a finding any discrepancies.
    (ii) Verify that the product transfer documents obtained in 
paragraph (h)(3)(i) of this section contain the applicable information 
required under Sec.  80.1453 and report as a finding any product 
transfer document that does not contain the required information.
    (iii) Verify the accuracy of the information contained in the 
product transfer documents reviewed pursuant to paragraph (h)(3)(ii) of 
this section with the records obtained and reviewed under paragraph 
(h)(1)(iii) of this section and report as a finding any exceptions.
    (i) Independent third-party auditors. The following attest 
procedures shall be completed for any independent third-party auditor 
that implements a quality assurance plan in a calendar year:
    (1)Comparing RIN and biointermediate verification reports with 
approved QAPs. (i) Obtain and read copies of reports required under 
Sec.  80.1451(g)(1). Compare the list of compliance reports submitted to 
EPA during the compliance period to the reporting requirements for the 
entity in Sec.  80.1451. Report as a finding any reporting requirements 
that were not completed.
    (ii) Obtain and read copies of any quality assurance plans approved 
under Sec.  80.1469.
    (iii) Confirm that the independent third-party auditor only verified 
RINs

[[Page 112]]

and biointermediates covered by approved QAPs under Sec.  80.1469. 
Identify as a finding any discrepancies.
    (2) Checking third-party auditor's RIN and biointermediate 
verification. (i) Obtain and read copies of reports required under Sec.  
80.1451(g)(2). Compare the list of compliance reports submitted to EPA 
during the compliance period to the reporting requirements for the 
entity in Sec.  80.1451. Report as a finding any reporting requirements 
that were not completed.
    (ii) Obtain all notifications of potentially invalid RINs and 
potentially improperly produced biointermediate submitted to the EPA 
under Sec. Sec.  80.1474(b)(3) and 80.1477(d)(2) respectively.
    (iii)(A) Obtain the database, spreadsheet, or other documentation 
used to generate the information in the RIN verification reports;
    (B) Obtain all underlying documents that the QAP provider relied 
upon to verify the RINs;
    (C) Review the documents that the QAP auditor relied on to prepare 
the reports obtained in paragraph (d)(2)(i) of this section, verify that 
the underlying documents appropriately reflect the information reported 
to the EPA, and identify as a finding any discrepancies between the 
underlying documents and the information in the RIN verification 
reports;
    (D) Compute the total number of current-year RINs and current-year 
potentially invalid RINs verified at the start and end of each quarter, 
as represented in these documents; and state whether this information 
agrees with the party's reports to the EPA; and
    (E) Verify that all parties were appropriately notified under Sec.  
80.1474(b)(3) and report any missing notifications as a finding.

[75 FR 14863, Mar. 26, 2010]

    Editorial Note: For Federal Register citations affecting Sec.  
80.1464, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec.  80.1465  [Reserved]



Sec.  80.1466  What are the additional requirements under this subpart
for foreign renewable fuel producers and importers of renewable fuels?

    (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 Sec.  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.

[[Page 113]]

    (ii) The certification required under paragraph (c)(2) of this 
section.
    (d) Load port independent testing and producer identification. (1) 
On each occasion that RFS-FRRF is loaded onto a vessel for transport to 
the United States the RIN-generating foreign producer shall have an 
independent third party do all the following:
    (i) Inspect the vessel prior to loading and determine the volume of 
any tank bottoms.
    (ii) Determine the volume of RFS-FRRF, standardized per Sec.  
80.1426(f)(8), loaded onto the vessel (exclusive of any tank bottoms 
before loading).
    (iii) Obtain the EPA-assigned registration number of the foreign 
renewable fuel producer.
    (iv) Determine the name and country of registration of the vessel 
used to transport the RFS-FRRF to the United States.
    (v) Determine the date and time the vessel departs the port serving 
the RIN-generating foreign producer.
    (vi) Review original documents that reflect movement and storage of 
the RFS-FRRF from the RIN-generating foreign producer to the load port, 
and from this review determine all the following:
    (A) The facility at which the RFS-FRRF was produced.
    (B) That the RFS-FRRF remained segregated from Non-RFS-FRRF and 
other RFS-FRRF produced by a different foreign producer.
    (2) The independent third party shall submit a report to the 
following:
    (i) The RIN-generating foreign producer, containing the information 
required under paragraph (d)(1) of this section, to accompany the 
product transfer documents for the vessel.
    (ii) The Administrator, containing the information required under 
paragraph (d)(1) of this section, within thirty days following the date 
of the independent third party's inspection. This report shall include a 
description of the method used to determine the identity of the foreign 
producer facility at which the renewable fuel was produced, assurance 
that the renewable fuel remained segregated as specified in paragraph 
(j)(1) of this section, and a description of the renewable fuel's 
movement and storage between production at the source facility and 
vessel loading.
    (3) The independent third party must:
    (i) Be approved in advance by EPA, based on a demonstration of 
ability to perform the procedures required in this paragraph (d);
    (ii) Be independent under the criteria specified in 40 CFR 
1090.1805; and
    (iii) Sign a commitment that contains the provisions specified in 
paragraph (f) of this section with regard to activities, facilities and 
documents relevant to compliance with the requirements of this paragraph 
(d).
    (e) Comparison of load port and port of entry testing. (1)(i) Any 
RIN-generating foreign producer and any United States importer of RFS-
FRRF shall compare the results from the load port testing under 
paragraph (d) of this section, with the port of entry testing as 
reported under paragraph (k) of this section, for the volume of 
renewable fuel, standardized per Sec.  80.1426(f)(8), except as 
specified in paragraph (e)(1)(ii) of this section.
    (ii) Where a vessel transporting RFS-FRRF offloads the renewable 
fuel at more than one United States port of entry, the requirements of 
paragraph (e)(1)(i) of this section do not apply at subsequent ports of 
entry if the United States importer obtains a certification from the 
vessel owner that the requirements of paragraph (e)(1)(i) of this 
section were met and that the vessel has not loaded any renewable fuel 
between the first United States port of entry and the subsequent ports 
of entry.
    (2)(i) If the temperature-corrected volumes, after accounting for 
tank bottoms, determined at the port of entry and at the load port 
differ by more than one percent, the number of RINs associated with the 
renewable fuel shall be calculated based on the lesser of the two 
volumes in paragraph (e)(1)(i) of this section.
    (ii) Where the port of entry volume is the lesser of the two volumes 
in paragraph (e)(1)(i) of this section, the importer shall calculate the 
difference between the number of RINs originally assigned by the RIN-
generating foreign producer and the number of RINs calculated under 
Sec.  80.1426 for the volume of renewable fuel as measured at the port 
of entry, and acquire and retire that

[[Page 114]]

amount of RINs in accordance with paragraph (k)(3) of this section.
    (f) Foreign producer commitments. Any foreign renewable fuel 
producer shall commit to and comply with the following provisions as a 
condition to being registered as a foreign renewable fuel 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 
renewable fuel producer facility.
    (i) Inspections and audits may be either announced in advance by 
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Renewable fuel is produced;
    (B) Documents related to renewable fuel producer operations are 
kept; and
    (C) Renewable fuel is stored or transported between the foreign 
renewable fuel producer and the United States, including storage tanks, 
vessels and pipelines.
    (iii) EPA inspectors and auditors may be EPA employees or 
contractors to EPA.
    (iv) Any documents requested that are related to matters covered by 
inspections and audits must be provided to an EPA inspector or auditor 
on request.
    (v) Inspections and audits may include review and copying of any 
documents related to the following:
    (A) The volume of renewable fuel.
    (B) The proper classification of renewable fuel as being RFS-FRRF.
    (C) Transfers of title or custody to renewable fuel.
    (D) Work performed and reports prepared by independent third parties 
and by independent auditors under the requirements of this section, 
including work papers.
    (vi) Inspections and audits by EPA may include interviewing 
employees.
    (vii) Any employee of the foreign renewable fuel producer must be 
made available for interview by the EPA inspector or auditor, on 
request, within a reasonable time period.
    (viii) English language translations of any documents must be 
provided to an EPA inspector or auditor, on request, within 10 working 
days.
    (ix) English language interpreters must be provided to accompany EPA 
inspectors and auditors, on request.
    (2) An agent for service of process located in the District of 
Columbia shall be named, and service on this agent constitutes service 
on the foreign renewable fuel producer or any employee of the foreign 
renewable fuel producer for any action by EPA or otherwise by the United 
States related to the requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related 
to the provisions of this section for violations of the Clean Air Act or 
regulations promulgated thereunder shall be governed by the Clean Air 
Act, including the EPA administrative forum where allowed under the 
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to any 
civil or criminal enforcement action against the foreign renewable fuel 
producer or any employee of the foreign renewable fuel producer related 
to the provisions of this section.
    (5) Applying to be an approved foreign renewable fuel producer under 
this section, or producing or exporting renewable fuel under such 
approval, and all other actions to comply with the requirements of this 
subpart relating to such approval constitute actions or activities 
covered by and within the meaning of the provisions of 28 U.S.C. 
1605(a)(2), but solely with respect to actions instituted against the 
foreign renewable fuel producer, its agents and employees in any court 
or other tribunal in the United States for conduct that violates the 
requirements applicable to the foreign renewable fuel producer under 
this subpart, including conduct that violates the False Statements 
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the 
Clean Air Act (42 U.S.C. 7413).
    (6) The foreign renewable fuel producer, or its agents or employees, 
will not seek to detain or to impose civil or criminal remedies against 
EPA inspectors or auditors for actions performed within the scope of EPA 
employment or contract related to the provisions of this section.
    (7) The commitment required by this paragraph shall be signed by the 
owner

[[Page 115]]

or president of the foreign renewable fuel producer company.
    (8) In any case where renewable fuel produced at a foreign renewable 
fuel production facility is stored or transported by another company 
between the production facility and the vessel that transports the 
renewable fuel to the United States, the foreign renewable fuel producer 
shall obtain from each such other company a commitment that meets the 
requirements specified in paragraphs (f)(1) through (7) of this section, 
and these commitments shall be included in the foreign renewable fuel 
producer's application to be an approved foreign renewable fuel producer 
under this subpart.
    (g) Sovereign immunity. By submitting an application to be an 
approved foreign renewable fuel producer under this subpart, or by 
producing and exporting renewable fuel to the United States under such 
approval, the foreign renewable fuel producer, and its agents and 
employees, without exception, become subject to the full operation of 
the administrative and judicial enforcement powers and provisions of the 
United States without limitation based on sovereign immunity, with 
respect to actions instituted against the foreign renewable fuel 
producer, its agents and employees in any court or other tribunal in the 
United States for conduct that violates the requirements applicable to 
the foreign renewable fuel producer under this subpart, including 
conduct that violates the False Statements Accountability Act of 1996 
(18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 
7413).
    (h) Bond posting. Any RIN-generating foreign producer shall meet the 
following requirements as a condition to approval as a RIN-generating 
foreign producer under this subpart:
    (1) The RIN-generating foreign producer shall post a bond of the 
amount calculated using the following equation

Bond = G * $0.01

Where

Bond = amount of the bond in U.S. dollars.
G = the greater of: the largest volume of renewable fuel produced by the 
          RIN-generating foreign producer and exported to the United 
          States, in gallons, during a single calendar year among the 
          five preceding calendar years, or the largest volume of 
          renewable fuel that the Rin-generating foreign producers 
          expects to export to the United States during any calendar 
          year identified in the Production Outlook Report required by 
          Sec.  80.1449. If the volume of renewable fuel exported to the 
          United States increases above the largest volume identified in 
          the Production Outlook Report during any calendar year, the 
          RIN-generating foreign producer shall increase the bond to 
          cover the shortfall within 90 days.

    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United 
States.
    (ii) Obtaining a bond in the proper amount from a third party surety 
agent that is payable to satisfy United States administrative or 
judicial judgments against the foreign producer, provided EPA agrees in 
advance as to the third party and the nature of the surety agreement.
    (3) Bonds posted under this paragraph (h) shall:
    (i) Be used to satisfy any judicial judgment that results from an 
administrative or judicial enforcement action for conduct in violation 
of this subpart, including where such conduct violates the False 
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United 
States Department of Treasury Circular 570 ``Companies Holding 
Certificates of Authority as Acceptable Sureties on Federal Bonds''; and
    (iii) Include a commitment that the bond will remain in effect for 
at least five years following the end of latest annual reporting period 
that the RIN-generating foreign producer produces renewable fuel 
pursuant to the requirements of this subpart.
    (4) On any occasion a RIN-generating foreign producer bond is used 
to satisfy any judgment, the RIN-generating foreign producer shall 
increase the bond to cover the amount used within 90 days of the date 
the bond is used.
    (i) English language reports. Any document submitted to EPA by a 
foreign renewable fuel producer shall be in English, or shall include an 
English language translation.

[[Page 116]]

    (j) Prohibitions. (1) No person may combine RFS-FRRF with any Non-
RFS-FRRF, and no person may combine RFS-FRRF with any RFS-FRRF produced 
at a different production facility, until the importer has met all the 
requirements of paragraph (k) of this section.
    (2) No foreign renewable fuel producer or other person may cause 
another person to commit an action prohibited in paragraph (j)(1) of 
this section, or that otherwise violates the requirements of this 
section.
    (3) No foreign renewable fuel producer or importer may generate RINs 
for the same volume of renewable fuel.
    (4) A foreign renewable fuel producer is prohibited from generating 
RINs in excess of the number for which the bond requirements of this 
section have been satisfied.
    (k) Requirements for United States importers of RFS-FRRF. Any United 
States importers of RFS-FRRF shall meet all the following requirements:
    (1) Renewable fuel shall be classified as RFS-FRRF according to the 
designation by the RIN-generating foreign producer if this designation 
is supported by product transfer documents prepared by the foreign 
producer as required in paragraph (c) of this section.
    (2) For each renewable fuel batch classified as RFS-FRRF, any United 
States importer shall have an independent third party do all the 
following:
    (i) Determine the volume of renewable fuel, standardized per Sec.  
80.1426(f)(8), in the vessel.
    (ii) Use the RIN-generating foreign producer's RFS-FRRF 
certification to determine the name and EPA-assigned registration number 
of the RIN-generating foreign producer that produced the RFS-FRRF.
    (iii) Determine the name and country of registration of the vessel 
used to transport the RFS-FRRF to the United States.
    (iv) Determine the date and time the vessel arrives at the United 
States port of entry.
    (3) Where the importer is required to retire RINs under paragraph 
(e)(2) of this section, the importer must report the retired RINs in the 
applicable reports under Sec.  80.1451.
    (4) Any importer shall submit reports within 30 days following the 
date any vessel transporting RFS-FRRF arrives at the United States port 
of entry to all the following:
    (i) The Administrator, containing the information determined under 
paragraph (k)(2) of this section.
    (ii) The RIN-generating foreign producer, containing the information 
determined under paragraph (k)(2)(i) of this section, and including 
identification of the port at which the product was offloaded, and any 
RINs retired under paragraph (e)(2) of this section.
    (5) Any United States importer shall meet all other requirements of 
this subpart for any imported renewable fuel that is not classified as 
RFS-FRRF under paragraph (k)(1) of this section.
    (l) Truck imports of RFS-FRRF produced by a RIN-generating foreign 
producer. (1) Any RIN-generating foreign producer whose RFS-FRRF is 
transported into the United States by truck may petition EPA to use 
alternative procedures to meet all the following requirements:
    (i) Certification under paragraph (c)(2) of this section.
    (ii) Load port and port of entry testing under paragraphs (d) and 
(e) of this section.
    (iii) Importer testing under paragraph (k)(2) of this section.
    (2) These alternative procedures must ensure RFS-FRRF remains 
segregated from Non-RFS-FRRF until it is imported into the United 
States. The petition will be evaluated based on whether it adequately 
addresses all of the following:
    (i) Contracts with any facilities that receive and/or transport RFS-
FRRF that prohibit the commingling of RFS-FRRF with Non-RFS-FRRF or RFS-
FRRF from other foreign renewable fuel producers.
    (ii) Attest procedures to be conducted annually by an independent 
third party that review loading records and import documents based on 
volume reconciliation to confirm that all RFS-FRRF remains segregated.
    (3) The petition described in this section must be submitted to EPA 
along with the application for approval as a

[[Page 117]]

RIN-generating foreign producer under this subpart.
    (m) Additional attest requirements for producers of RFS-FRRF. The 
following additional procedures shall be carried out by any producer of 
RFS-FRRF as part of the attest engagement required for renewable fuel 
producers under this subpart M.
    (1) Obtain listings of all tenders of RFS-FRRF. Agree the total 
volume of tenders from the listings to the volumes determined by the 
third party under paragraph (d) of this section.
    (2) For each tender under paragraph (m)(1) of this section, where 
the renewable fuel is loaded onto a marine vessel, report as a finding 
the name and country of registration of each vessel, and the volumes of 
RFS-FRRF loaded onto each vessel.
    (3) Select a sample from the list of vessels identified in paragraph 
(m)(2) of this section used to transport RFS-FRRF, in accordance with 
the guidelines in 40 CFR 1090.1805, and for each vessel selected perform 
all the following:
    (i) Obtain the report of the independent third party, under 
paragraph (d) of this section, and of the United States importer under 
paragraph (k) of this section.
    (A) Agree the information in these reports with regard to vessel 
identification and renewable fuel volume.
    (B) Identify, and report as a finding, each occasion the load port 
and port of entry volume results differ by more than the amount allowed 
in paragraph (e) of this section, and determine whether the importer 
retired the appropriate amount of RINs as required under paragraph 
(e)(2) of this section, and submitted the applicable reports under Sec.  
80.1451 in accordance with paragraph (k)(4) of this section.
    (ii) Obtain the documents used by the independent third party to 
determine transportation and storage of the RFS-FRRF from the RIN-
generating foreign producer's facility to the load port, under paragraph 
(d) of this section. Obtain tank activity records for any storage tank 
where the RFS-FRRF is stored, and activity records for any mode of 
transportation used to transport the RFS-FRRF prior to being loaded onto 
the vessel. Use these records to determine whether the RFS-FRRF was 
produced at the RIN-generating foreign producer's facility that is the 
subject of the attest engagement, and whether the RFS-FRRF was mixed 
with any Non-RFS-FRRF or any RFS-FRRF produced at a different facility.
    (4) Select a sample from the list of vessels identified in paragraph 
(m)(2) of this section used to transport RFS-FRRF, in accordance with 
the guidelines in 40 CFR 1090.1805, and for each vessel selected perform 
the following:
    (i) Obtain a commercial document of general circulation that lists 
vessel arrivals and departures, and that includes the port and date of 
departure of the vessel, and the port of entry and date of arrival of 
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates 
from the independent third party and United States importer reports to 
the information contained in the commercial document.
    (5) Obtain a separate listing of the tenders under this paragraph 
(m)(5) where the RFS-FRRF is loaded onto a marine vessel. Select a 
sample from this listing in accordance with the guidelines in 40 CFR 
1090.1805, and obtain a commercial document of general circulation that 
lists vessel arrivals and departures, and that includes the port and 
date of departure and the ports and dates where the renewable fuel was 
offloaded for the selected vessels. Determine and report as a finding 
the country where the renewable fuel was offloaded for each vessel 
selected.
    (6) In order to complete the requirements of this paragraph (m) an 
auditor shall:
    (i) Be independent of the RIN-generating foreign producer;
    (ii) Be licensed as a Certified Public Accountant in the United 
States and a citizen of the United States, or be approved in advance by 
EPA based on a demonstration of ability to perform the procedures 
required in 40 CFR 1090.1800, Sec.  80.1464, and this paragraph (m); and
    (iii) Sign a commitment that contains the provisions specified in 
paragraph (f) of this section with regard to activities and documents 
relevant to compliance with the requirements of 40

[[Page 118]]

CFR 1090.1800, Sec.  80.1464, and this paragraph (m).
    (n) Withdrawal or suspension of foreign renewable fuel producer 
approval. EPA may withdraw or suspend a foreign renewable fuel 
producer's approval where any of the following occur:
    (1) A foreign renewable fuel producer fails to meet any requirement 
of this section.
    (2) A foreign government fails to allow EPA inspections or audits as 
provided in paragraph (f)(1) of this section.
    (3) A foreign renewable fuel producer asserts a claim of, or a right 
to claim, sovereign immunity in an action to enforce the requirements in 
this subpart.
    (4) A foreign renewable fuel producer fails to pay a civil or 
criminal penalty that is not satisfied using the foreign renewable fuel 
producer bond specified in paragraph (h) of this section.
    (o) Additional requirements for applications, reports, and 
certificates. Any application for approval as a foreign renewable fuel 
producer, alternative procedures under paragraph (l) of this section, 
any report, certification, or other submission required under this 
section shall be:
    (1) Submitted in accordance with procedures specified by the 
Administrator, including use of any forms that may be specified by the 
Administrator.
    (2) Signed by the president or owner of the foreign renewable fuel 
producer company, or by that person's immediate designee, and shall 
contain the following declarations:
    (i) ``I hereby certify:
    (A) That I have actual authority to sign on behalf of and to bind 
[NAME OF FOREIGN RENEWABLE FUEL PRODUCER] with regard to all statements 
contained herein;
    (B) That I am aware that the information contained herein is being 
Certified, or submitted to the United States Environmental Protection 
Agency, under the requirements of 40 CFR part 80, subpart M, and that 
the information is material for determining compliance under these 
regulations; and
    (C) That I have read and understand the information being Certified 
or submitted, and this information is true, complete and correct to the 
best of my knowledge and belief after I have taken reasonable and 
appropriate steps to verify the accuracy thereof.''
    (ii) ``I affirm that I have read and understand the provisions of 40 
CFR part 80, subpart M, including 40 CFR 80.1465 apply to [NAME OF 
FOREIGN RENEWABLE FUEL PRODUCER]. Pursuant to Clean Air Act section 
113(c) and 18 U.S.C. 1001, the penalty for furnishing false, incomplete 
or misleading information in this certification or submission is a fine 
of up to $10,000 U.S., and/or imprisonment for up to five years.''.
    (p) Requirements for non-RIN-generating foreign producer. Any non-
RIN-generating foreign producer must comply with the requirements of 
this section beginning on the effective date of the final rule or prior 
to EPA acceptance, whichever is later.

[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]



Sec.  80.1467  What are the additional requirements under this subpart
for a foreign RIN owner?

    (a) Foreign RIN owner. For purposes of this subpart, a foreign RIN 
owner is a person located outside the United States, the Commonwealth of 
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern 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

[[Page 119]]

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 working 
days.
    (ix) English language interpreters must be provided to accompany EPA 
inspectors and auditors, on request.
    (2) An agent for service of process located in the District of 
Columbia shall be named, and service on this agent constitutes service 
on the foreign RIN owner or any employee of the foreign RIN owner for 
any action by EPA or otherwise by the United States related to the 
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related 
to the provisions of this section for violations of the Clean Air Act or 
regulations promulgated thereunder shall be governed by the Clean Air 
Act, including the EPA administrative forum where allowed under the 
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to any 
civil or criminal enforcement action against the foreign RIN owner or 
any employee of the foreign RIN owner related to the provisions of this 
section.
    (5) Submitting an application to be a foreign RIN owner, and all 
other actions to comply with the requirements of this subpart constitute 
actions or activities covered by and within the meaning of the 
provisions of 28 U.S.C. 1605(a)(2), but solely with respect to actions 
instituted against the foreign RIN owner, its agents and employees in 
any court or other tribunal in the United States for conduct that 
violates the requirements applicable to the foreign RIN owner under this 
subpart, including conduct that violates the False Statements 
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the 
Clean Air Act (42 U.S.C. 7413).
    (6) The foreign RIN owner, or its agents or employees, will not seek 
to detain or to impose civil or criminal remedies against EPA inspectors 
or auditors, whether EPA employees or EPA contractors, for actions 
performed within the scope of EPA employment related to the provisions 
of this section.
    (7) The commitment required by this paragraph (c) shall be signed by 
the owner or president of the foreign RIN owner business.
    (d) Sovereign immunity. By submitting an application to be a foreign 
RIN owner under this subpart, the foreign entity, and its agents and 
employees, without exception, become subject to the full operation of 
the administrative and judicial enforcement powers and provisions of the 
United States without limitation based on sovereign immunity, with 
respect to actions instituted against the foreign RIN owner, its agents 
and employees in any court or other tribunal in the United States for 
conduct that violates the requirements applicable to the foreign RIN 
owner under this subpart, including conduct that violates the False 
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (e) Bond posting. Any foreign entity shall meet the requirements of 
this paragraph (e) as a condition to approval as a foreign RIN owner 
under this subpart.
    (1) The foreign entity shall post a bond of the amount calculated 
using the following equation:


Bond = G * $ 0.01

Where:

Bond = Amount of the bond in U.S. dollars.
G = The total of the number of gallon-RINs the foreign entity expects to 
          obtain, sell, transfer or hold during the first calendar

[[Page 120]]

          year that the foreign entity is a RIN owner, plus the number 
          of gallon-RINs the foreign entity expects to obtain, sell, 
          transfer or hold during the next four calendar years. After 
          the first calendar year, the bond amount shall be based on the 
          actual number of gallon-RINs obtained, sold, or transferred so 
          far during the current calendar year plus the number of 
          gallon-RINs obtained, sold, or transferred during the four 
          calendar years immediately preceding the current calendar 
          year. For any year for which there were fewer than four 
          preceding years in which the foreign entity obtained, sold, or 
          transferred RINs, the bond shall be based on the total of the 
          number of gallon-RINs sold or transferred so far during the 
          current calendar year plus the number of gallon-RINs obtained, 
          sold, or transferred during any immediately preceding calendar 
          years in which the foreign entity owned RINs, plus the number 
          of gallon-RINs the foreign entity expects to obtain, sell or 
          transfer during subsequent calendar years, the total number of 
          years not to exceed four calendar years in addition to the 
          current calendar year.

    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United 
States.
    (ii) Obtaining a bond in the proper amount from a third party surety 
agent that is payable to satisfy United States administrative or 
judicial judgments against the foreign RIN owner, provided EPA agrees in 
advance as to the third party and the nature of the surety agreement.
    (3) All the following shall apply to bonds posted under this 
paragraph (e); bonds shall:
    (i) Be used to satisfy any judicial judgment that results from an 
administrative or judicial enforcement action for conduct in violation 
of this subpart, including where such conduct violates the False 
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (ii) Be provided by a corporate surety that is listed in the United 
States Department of Treasury Circular 570 ``Companies Holding 
Certificates of Authority as Acceptable Sureties on Federal Bonds''.
    (iii) Include a commitment that the bond will remain in effect for 
at least five years following the end of latest reporting period in 
which the foreign RIN owner obtains, sells, transfers, or holds RINs.
    (4) On any occasion a foreign RIN owner bond is used to satisfy any 
judgment, the foreign RIN owner shall increase the bond to cover the 
amount used within 90 days of the date the bond is used.
    (f) English language reports. Any document submitted to EPA by a 
foreign RIN owner shall be in English, or shall include an English 
language translation.
    (g) Prohibitions. (1) A foreign RIN owner is prohibited from 
obtaining, selling, transferring, or holding any RIN that is in excess 
of the number for which the bond requirements of this section have been 
satisfied.
    (2) Any RIN that is obtained, sold, transferred, or held that is in 
excess of the number for which the bond requirements of this section 
have been satisfied is an invalid RIN under Sec.  80.1431.
    (3) Any RIN that is obtained from a person located outside the 
United States that is not an approved foreign RIN owner under this 
section is an invalid RIN under Sec.  80.1431.
    (4) No foreign RIN owner or other person may cause another person to 
commit an action prohibited in this paragraph (g), or that otherwise 
violates the requirements of this section.
    (h) Additional attest requirements for foreign RIN owners. The 
following additional requirements apply to any foreign RIN owner as part 
of the attest engagement required for RIN owners under this subpart M.
    (1) The attest auditor must be independent of the foreign RIN owner.
    (2) The attest auditor must be licensed as a Certified Public 
Accountant in the United States and a citizen of the United States, or 
be approved in advance by EPA based on a demonstration of ability to 
perform the procedures required in 40 CFR 1090.1800 and Sec.  80.1464.
    (3) The attest auditor must sign a commitment that contains the 
provisions specified in paragraph (c) of this section with regard to 
activities and documents relevant to compliance with the requirements of 
40 CFR 1090.1800 and Sec.  80.1464.

[[Page 121]]

    (i) Withdrawal or suspension of foreign RIN owner status. EPA may 
withdraw or suspend its approval of a foreign RIN owner where any of the 
following occur:
    (1) A foreign RIN owner fails to meet any requirement of this 
section, including, but not limited to, the bond requirements.
    (2) A foreign government fails to allow EPA inspections as provided 
in paragraph (c)(1) of this section.
    (3) A foreign RIN owner asserts a claim of, or a right to claim, 
sovereign immunity in an action to enforce the requirements in this 
subpart.
    (4) A foreign RIN owner fails to pay a civil or criminal penalty 
that is not satisfied using the foreign RIN owner bond specified in 
paragraph (e) of this section.
    (j) Additional requirements for applications, reports and 
certificates. Any application for approval as a foreign RIN owner, any 
report, certification, or other submission required under this section 
shall be:
    (1) Submitted in accordance with procedures specified by the 
Administrator, including use of any forms that may be specified by the 
Administrator.
    (2) Signed by the president or owner of the foreign RIN owner 
company, or by that person's immediate designee, and shall contain the 
following declaration:

    I hereby certify: (1) That I have actual authority to sign on behalf 
of and to bind [INSERT NAME OF FOREIGN RIN OWNER] with regard to all 
statements contained herein; (2) that I am aware that the information 
contained herein is being Certified, or submitted to the United States 
Environmental Protection Agency, under the requirements of 40 CFR part 
80, subpart M, and that the information is material for determining 
compliance under these regulations; and (3) that I have read and 
understand the information being Certified or submitted, and this 
information is true, complete and correct to the best of my knowledge 
and belief after I have taken reasonable and appropriate steps to verify 
the accuracy thereof. I affirm that I have read and understand the 
provisions of 40 CFR part 80, subpart M, including 40 CFR 80.1467 apply 
to [INSERT NAME OF FOREIGN RIN OWNER]. Pursuant to Clean Air Act section 
113(c) and 18 U.S.C. 1001, the penalty for furnishing false, incomplete 
or misleading information in this certification or submission is a fine 
of up to $10,000 U.S., and/or imprisonment for up to five years.

[75 FR 14863, Mar. 26, 2010, as amended at 77 FR 1358, Jan. 9, 2012; 85 
FR 78467, Dec. 4, 2020]



Sec.  80.1468  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. 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, 
email [email protected], or go to www.archives.gov/federal-
register/cfr/ibr-locations.html. The material may be obtained from the 
source(s) in the following paragraph(s) of this section.
    (b) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West 
Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.
    (1) ASTM D975-21, Standard Specification for Diesel Fuel, approved 
August 1, 2021 (``ASTM D975''); IBR approved for Sec. Sec.  80.1401; 
80.1426(f); 80.1450(b); 80.1451(b); 80.1454(l).
    (2) ASTM D1250-19e1, Standard Guide for the Use of the Joint API and 
ASTM Adjunct for Temperature and Pressure Volume Correction Factors for 
Generalized Crude Oils, Refined Products, and Lubricating Oils: API MPMS 
Chapter 11.1, approved May 1, 2019 (``ASTM D1250''); IBR approved for 
Sec.  80.1426(f).
    (3) ASTM D4442-20, Standard Test Methods for Direct Moisture Content 
Measurement of Wood and Wood-Based Materials, approved March 1, 2020 
(``ASTM D4442''); IBR approved for Sec.  80.1426(f).
    (4) ASTM D4444-13 (Reapproved 2018), Standard Test Method for 
Laboratory Standardization and Calibration of Hand-Held Moisture Meters, 
reapproved July 1, 2018 (``ASTM D4444''); IBR approved for Sec.  
80.1426(f).
    (5) ASTM D6751-20a, Standard Specification for Biodiesel Fuel Blend 
Stock

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(B100) for Middle Distillate Fuels, approved August 1, 2020 (``ASTM 
D6751''); IBR approved for Sec.  80.1401.
    (6) ASTM D6866-22, Standard Test Methods for Determining the 
Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon 
Analysis, approved March 15, 2022 (``ASTM D6866''); IBR approved for 
Sec. Sec.  80.1426(f); 80.1430(e).
    (7) ASTM E711-87 (R2004), Standard Test Method for Gross Calorific 
Value of Refuse-Derived Fuel by the Bomb Calorimeter, reapproved 2004 
(``ASTM E711''); IBR approved for Sec.  80.1426(f).
    (8) ASTM E870-82 (Reapproved 2019), Standard Test Methods for 
Analysis of Wood Fuels, reapproved April 1, 2019 (``ASTM E870''); IBR 
approved for Sec.  80.1426(f).

[87 FR 39673, July 1, 2022]



Sec.  80.1469  Requirements for Quality Assurance Plans.

    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 as defined in Sec.  80.1401.
    (B) Feedstocks are being separated according to a separation plan, 
if applicable under Sec.  80.1426(f)(5)(ii).
    (C) Crop and crop residue feedstocks meet land use restrictions, or 
alternatively the aggregate compliance provisions of Sec.  80.1454(g).
    (D) If applicable, verify that feedstocks with additional 
recordkeeping requirements meet requirements of Sec.  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 as permitted under Table 1 to Sec.  80.1426 or a petition approved 
through Sec.  80.1416.
    (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 Sec.  80.1426(f)(5)(ii).
    (B) Separated municipal solid waste plan is approved and up to date, 
if applicable under Sec.  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 Sec.  
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 as 
permitted under Table 1 to Sec.  80.1426 or a petition approved through 
Sec.  80.1416.
    (C) Certificates of analysis verifying fuel type and quality, as 
applicable.
    (ii) Components requiring quarterly monitoring:
    (A) Mass and energy balances are appropriate for type and size of 
facility.
    (B) Workforce size is appropriate for type and size of facility, and 
sufficient workers are on site for facility operations.
    (C) If applicable, process-related factors used in feedstock energy 
FE calculation are accurate, in particular the converted fraction CF.
    (D) Verify existence of quality process controls designed to ensure 
that fuel continues to meet applicable property and quality 
specifications.
    (E) Volume production is consistent with that reported to the EPA 
and EIA, as well as other federal or state reporting.
    (F) Volume production is consistent with storage and distribution 
capacity.
    (G) Volume production capacity is consistent with RFS registration.
    (3) RIN generation-related components. (i) Components requiring 
ongoing monitoring:
    (A) Standardization of volumes pursuant to Sec.  80.1426(f)(8) are 
accurate.

[[Page 123]]

    (B) Renewable fuel type matches the D code being used.
    (C) RIN generation is consistent with wet gallons produced or 
imported.
    (D) Fuel shipments are consistent with production volumes.
    (E) If applicable, renewable content R is accurate pursuant to Sec.  
80.1426(f)(9).
    (F) Equivalence value EV is accurate and appropriate.
    (G) Renewable fuel was intended and sold for qualifying uses as 
transportation fuel, heating oil, or jet fuel.
    (H) Verify that appropriate RIN generation calculations are being 
followed under Sec.  80.1426(f)(3), (f)(4), or (f)(5), as applicable.
    (ii) Components requiring quarterly monitoring:
    (A) Registration, reporting and recordkeeping components.
    (B) [Reserved]
    (4) RIN separation-related components. (i) Components requiring 
ongoing monitoring:
    (A) If applicable, verify that RIN separation is appropriate under 
Sec.  80.1429(b)(4).
    (B) If applicable, verify that RINs were retired for any fuel that 
the producer produced and exported.
    (ii) Components requiring quarterly monitoring:
    (A) Verify that annual attestation report is accurate.
    (B) [Reserved]
    (b) Option B QAP Requirements, for Option B QAPs that were performed 
during the interim period. All components specified in this paragraph 
(b) require quarterly monitoring, except for paragraph (b)(4)(iii) of 
this section, which must be done annually.
    (1) Feedstock-related components. (i) Feedstocks are renewable 
biomass as defined in Sec.  80.1401.
    (ii) If applicable, separated food waste or separated yard waste 
plan under Sec.  80.1426(f)(5)(ii) is accepted and up to date.
    (iii) If applicable, separated municipal solid waste plan under 
Sec.  80.1426(f)(5)(ii) is approved and current.
    (iv) Feedstocks are being separated according to a separation plan, 
if applicable under Sec.  80.1426(f)(5)(ii).
    (v) Crop and crop residue feedstocks meet land use restrictions, or 
alternatively the aggregate compliance provisions of Sec.  80.1454(g).
    (vi) Feedstock is consistent with production process and D code 
being used as permitted under Table 1 to Sec.  80.1426 or a petition 
approved through Sec.  80.1416, and is consistent with information 
recorded in EMTS.
    (vii) Feedstock is not renewable fuel for which RINs were previously 
generated.
    (viii) 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) Production process is 
consistent with that reported in EMTS.
    (ii) Production process is consistent with D code being used as 
permitted under Table 1 to Sec.  80.1426 or a petition approved through 
Sec.  80.1416.
    (iii) Mass and energy balances are appropriate for type and size of 
facility.
    (iv) If applicable, process-related factors used in feedstock energy 
FE calculation are accurate, in particular the converted fraction CF.
    (3) RIN generation-related components. (i) Renewable fuel was 
intended and sold for qualifying uses as transportation fuel, heating 
oil, or jet fuel.
    (ii) Certificates of analysis verifying fuel type and quality, as 
applicable.
    (iii) Renewable fuel type matches the D code being used.
    (iv) If applicable, renewable content R is accurate pursuant to 
Sec.  80.1426(f)(9).
    (v) Equivalence value EV is accurate and appropriate.
    (vi) Volume production capacity is consistent with RFS registration.
    (vii) Verify that appropriate RIN generation calculations are being 
followed under Sec.  80.1426(f)(3), (f)(4), or (f)(5), as applicable.
    (4) RIN separation-related components. (i) If applicable, verify 
that RIN separation is appropriate under Sec.  80.1429(b)(4).
    (ii) Verify that fuel that is exported was not used to generate 
RINs, or alternatively that were generated but retired.
    (iii) Verify that annual attestation report is accurate.
    (c) QAP Requirements. All components specified in this paragraph (c) 
require

[[Page 124]]

quarterly monitoring, except for paragraph (c)(4)(iii) of this section 
which must be done annually.
    (1) Feedstock-related components. (i) Feedstocks are renewable 
biomass as defined in Sec.  80.1401.
    (ii) If applicable, plans under Sec.  80.1426(f)(5)(ii) are accepted 
and up to date.
    (iii) If applicable, separated municipal solid waste plan under 
Sec.  80.1426(f)(5) is approved and current.
    (iv) Feedstocks are being separated according to a separation plan, 
if applicable under Sec.  80.1426(f)(5).
    (v) Crop and crop residue feedstocks meet land use restrictions, or 
alternatively the aggregate compliance provisions of Sec.  80.1454(g).
    (vi) Feedstock(s) and biointermediate(s) are consistent with 
production process and D code being used as permitted under the approved 
pathway and is consistent with information recorded in EMTS.
    (vii) Feedstock(s) and biointermediate(s) are not renewable fuel for 
which RINs were previously generated unless the RINs were generated 
under Sec.  80.1426(c)(6). For renewable fuels that have RINs generated 
under Sec.  80.1426(c)(6), verify that renewable fuels used as a 
feedstock meet all applicable requirements of this paragraph (c)(1).
    (viii) 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) Production process is 
consistent with the renewable fuel producer or biointermediate 
producer's registration under Sec.  80.1450(b).
    (ii) Mass and energy balances are appropriate for type and size of 
facility.
    (iii) If applicable, process-related factors used in feedstock 
energy FE calculation are accurate, in particular the converted fraction 
CF, pursuant to Sec.  80.1426(f)(3).
    (3) RIN generation-related components. (i) If applicable, renewable 
fuel was designated for qualifying uses as transportation fuel, heating 
oil, or jet fuel in the covered location pursuant to Sec.  80.1453.
    (ii) Certificates of analysis verifying fuel type and quality, as 
applicable.
    (iii) Renewable fuel type matches the D code being used.
    (iv) If applicable, renewable content R is accurate pursuant to 
Sec.  80.1426(f)(9).
    (v) Equivalence value EV is accurate and appropriate.
    (vi) Volume production capacity is consistent with RFS registration.
    (vii) Verify that appropriate RIN generation calculations are being 
followed under Sec.  80.1426(f)(3), (f)(4), or (f)(5), as applicable.
    (viii) RIN generation is consistent with wet gallons produced or 
imported.
    (4) RIN separation-related components. (i) If applicable, verify 
that RIN separation is appropriate under Sec.  80.1429(b)(4).
    (ii) Verify that fuel that is exported was not used to generate 
RINs, or alternatively that were generated but retired pursuant to Sec.  
80.1430.
    (iii) Verify that annual attestation report is accurate.
    (5) Representative sampling. Independent third-party auditors may 
use a representative sample of batches of renewable fuel or 
biointermediate in accordance with the procedures described in 40 CFR 
1090.1805 for all components of this paragraph (c) except for paragraphs 
(c)(1)(ii) and (iii), (c)(2)(ii), (c)(3)(vi), and (c)(4)(ii) and (iii) 
of this section. If a facility produces both a renewable fuel and a 
biointermediate, the independent third-party auditor must select 
separate representative samples for the renewable fuel and 
biointermediate.
    (d) In addition to a general QAP encompassing elements common to all 
pathways, for each QAP there shall be at least one pathway-specific plan 
for a RIN-generating pathway as provided in Table 1 to Sec.  80.1426 or 
as approved by the Administrator pursuant to Sec.  80.1416, and shall 
contain elements specific to particular feedstocks, production 
processes, and fuel types as applicable.
    (e) Submission and approval of a QAP. (1) Each independent third-
party auditor shall annually submit a general and at least one pathway-
specific QAP to the EPA which demonstrates adherence to the requirements 
of paragraphs (a) and (d), (b) and (d), or (c) and (d) of this section, 
as applicable, and request

[[Page 125]]

approval on forms and using procedures specified by the Administrator.
    (2) No third-party independent auditor may present a QAP as approved 
by the EPA without having received written approval from the EPA.
    (3) A QAP is approved on the date that the EPA notifies the third-
party independent auditor of such approval.
    (4) The EPA may revoke its approval of a QAP for cause, including, 
but not limited to, an EPA determination that the approved QAP has 
proven to be inadequate in practice.
    (5) The EPA may void ab initio its approval of a QAP upon the EPA's 
determination that the approval was based on false information, 
misleading information, or incomplete information, or if there was a 
failure to fulfill, or cause to be fulfilled, any of the requirements of 
the QAP.
    (f) Conditions for revisions of a QAP. (1) A new QAP must be 
submitted to EPA according to paragraph (e) of this section and the 
independent third-party auditor must update their registration according 
to Sec.  80.1450(g)(9) whenever any of the following changes occur at a 
renewable fuel or biointermediate production facility audited by an 
independent third-party auditor and the auditor does not possess an 
appropriate pathway-specific QAP that encompasses the change:
    (i) Change in feedstock or biointermediates.
    (ii) Change in type of fuel or biointermediate produced.
    (iii) Change in facility operations or equipment that may impact the 
capability of the QAP to verify that RINs are validly generated or 
biointermediates are properly produced.
    (2) A QAP ceases to be valid as the basis for verifying RINs or a 
biointermediate under a new pathway until a new pathway-specific QAP, 
submitted to the EPA under this paragraph (f), is approved pursuant to 
paragraph (e) of this section.

[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]



Sec.  80.1470  RIN replacement mechanisms for Option A independent third
party auditors.

    (a) Applicability. This section applies to independent third-party 
auditors using a QAP approved under Option A pursuant to Sec.  
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 Sec.  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 Sec.  
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.

[[Page 126]]

    (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 calendar year after the 
calendar year in which the RIN was verified.
    (d) Applicability of the RIN replacement cap. The cap on RIN 
replacement does not apply when invalid verified RINs are a result of 
auditor error, omission, negligence, fraud, collusion with the renewable 
fuel producer, or a failure to implement the QAP properly or fully.

[79 FR 42121, July 18, 2014]



Sec.  80.1471  Requirements for QAP auditors.

    (a) QAP audits conducted pursuant to Sec.  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:
    (1) The independent third-party auditor and its contractors and 
subcontractors must not be owned or operated by the renewable fuel 
producer, foreign renewable fuel producer, or biointermediate producer 
or any subsidiary or employee of the renewable fuel producer, foreign 
ethanol producer, or biointermediate producer.
    (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 as defined in Sec.  
80.1406.
    (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 Sec.  
80.1469(a) during the interim period or to replace an invalid RIN 
pursuant to Sec.  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 renewable fuel producer, foreign renewable fuel 
producer, or biointermediate producer's business.
    (5) The renewable fuel producer, foreign renewable fuel producer, or 
biointermediate producer 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 Sec.  
80.1464 for the renewable fuel producer, foreign renewable fuel 
producer, or biointermediate producer in the same calendar year as a QAP 
audit conducted pursuant to Sec.  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.
    (c) Independent third-party auditors must maintain professional 
liability insurance. Independent third-party auditors must use insurance 
providers that possess a financial strength rating in the top four 
categories from Standard & Poor's or Moody's (i.e., AAA, AA, A, or BBB 
for Standard & Poor's and Aaa, Aa, A, or Baa for Moody's), or a 
comparable rating acceptable to EPA. Independent third-party auditors 
must disclose the level of professional liability insurance they possess 
when entering into contracts to provide RIN verification services.
    (d)(1) In the event that an independent third-party auditor 
identifies a RIN that may have been invalidly generated, the independent 
third-party auditor shall, within five business days, send notification 
of the potentially invalidly generated RIN to the EPA and the renewable 
fuel producer that generated the RIN.
    (2) The independent third-party auditor shall provide the 
notification required under paragraph (d)(1) of this section in writing 
(which includes email or facsimile) and, if requested by the party being 
notified of a potentially invalidly generated RIN, by telephone.
    (e) The independent third-party auditor shall identify RINs 
generated from

[[Page 127]]

a renewable fuel producer or foreign renewable fuel producer as having 
been verified under a QAP.
    (1) For RINs verified under QAP Option A pursuant to Sec.  
80.1469(a) during the interim period, RINs shall be designated as A-
RINs.
    (2) For RINs verified under QAP Option B pursuant to Sec.  
80.1469(b), during the interim period, RINs shall be designated as B-
RINs.
    (3) For RINs verified under a QAP pursuant to Sec.  80.1469(c), RINs 
shall be designated as Q-RINs and shall be identified as having been 
verified under a QAP in EMTS.
    (4) The independent third-party auditor shall not identify RINs 
generated from a renewable fuel producer or foreign renewable fuel 
producer as having been verified under a QAP if a revised QAP must be 
submitted to and approved by the EPA under Sec.  80.1469(f).
    (5) The independent third-party auditor must not identify RINs 
generated for renewable fuel produced using a biointermediate as having 
been verified under a QAP unless the biointermediate used to produce the 
renewable fuel was verified under an approved QAP pursuant to Sec.  
80.1477.
    (f)(1) Except as specified in paragraph (f)(2) of this section, 
auditors may only verify RINs that have been generated after the audit 
required under Sec.  80.1472 has been completed. Auditors may only 
verify biointermediates that were produced after the audit required 
under Sec.  80.1472 has been completed. Auditors must only verify RINs 
generated from renewable fuels produced from biointermediates after the 
audit required under Sec.  80.1472 has been completed for both the 
biointermediate production facility and the renewable fuel production 
facility.
    (i) For A-RINs, ongoing monitoring must have been initiated.
    (ii) Verification of RINs or biointermediates may continue for no 
more than 200 days following an on-site visit or 380 days after an on-
site visit if a previously the EPA-approved remote monitoring system is 
in place at the renewable fuel production facility.
    (2) Auditors may verify RINs that were generated before the audit 
required under Sec.  80.1472 has been completed, under the following 
conditions:
    (i) The RINs in question were generated during the interim period.
    (ii) The audit is completed during the interim period.
    (iii) The audit is performed in accordance with the elements 
specified in a QAP that has been approved by the EPA per Sec.  
80.1469(e).
    (iv) The audit requirements of Sec.  80.1472 are met for every batch 
of renewable fuel for which RINs were generated and are being verified.
    (v) The auditor may not perform more than one audit under this 
subparagraph for any single RIN generator.
    (g) The independent third-party auditor must permit any 
representative of the EPA to monitor at any time the implementation of 
QAPs and renewable fuel and biointermediate production facility audits.
    (h) Any person who fails to meet a requirement under of this section 
shall be subject to a separate violation pursuant to Sec.  80.1460(f).

[79 FR 42122, July 18, 2014, as amended at 80 FR 9098, Feb. 19, 2015; 87 
FR 39674, July 1, 2022]



Sec.  80.1472  Requirements for quality assurance audits.

    (a) General requirements. (1) An audit shall be performed by an 
auditor who meets the requirements of Sec.  80.1471.
    (2) An audit shall be based on either an Option A QAP per Sec.  
80.1469(a) during the interim period, an Option B QAP per Sec.  
80.1469(b) during the interim period, or a QAP per Sec.  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

[[Page 128]]

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 the EPA, at least one time per calendar year.
    (ii) An on-site visit specified in paragraph (b)(3)(i) of this 
section shall occur no more than:
    (A) 200 days after the previous on-site visit. The 200-day period 
shall start the day after the previous on-site visit ends; or
    (B) 380 days after the previous on-site visit if a previously 
approved (by EPA) remote monitoring system is in place at the renewable 
fuel production facility, foreign ethanol production facility, or 
biointermediate production facility, as applicable. The 380-day period 
shall start the day after the previous on-site visit ends.
    (iii) An 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, foreign ethanol 
production facility, or biointermediate production facility, as 
applicable.
    (iv) The on-site visit shall be overseen by a professional engineer, 
as specified in Sec.  80.1450(b)(2)(i)(A) and (b)(2)(i)(B).

[79 FR 42122, July 18, 2014, as amended at 85 FR 7083, Feb. 6, 2020; 87 
FR 39674, July 1, 2022]



Sec.  80.1473  Affirmative defenses.

    (a) Criteria. Any person who engages in actions that would be a 
violation of the provisions of either Sec.  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 Sec.  80.1460(b)(2)) or used for compliance for an 
obligated party's RVO (use violation of Sec.  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 Sec.  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 Sec.  80.1472 using an approved Option A QAP as 
defined in Sec.  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.

[[Page 129]]

    (d) Asserting an affirmative defense for invalid B-RINs verified 
during the interim period. To establish an affirmative defense to a 
violation of Sec.  80.1460(b)(2) or (c)(1) involving invalid B-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 Sec.  80.1472 using an approved Option B QAP as 
defined in Sec.  80.1469(b).
    (2) The person did not know or have reason to know that the RINs 
were invalidly generated at the time of transfer or use for compliance, 
unless the RIN generator replaced the RIN pursuant to Sec.  80.1474.
    (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.
    (6) If the person used the invalid B-RIN for compliance, the person 
adjusted its records, reports, and compliance calculations in which the 
invalid B-RIN was used as required by Sec.  80.1431, unless the RIN 
generator replaced the RIN pursuant to Sec.  80.1474.
    (e) Asserting an affirmative defense for invalid Q-RINs. To 
establish an affirmative defense to a violation of Sec.  80.1460(b)(2) 
or (c)(1) involving invalid Q-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 Sec.  80.1472 using an approved QAP as defined in 
Sec.  80.1469(c).
    (2) The person did not know or have reason to know that the RINs 
were invalidly generated at the time of transfer or use for compliance, 
unless the RIN generator replaced the RIN pursuant to Sec.  80.1474.
    (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.
    (6) If the person used the invalid Q-RIN for compliance, the person 
adjusted its records, reports, and compliance calculations in which the 
invalid Q-RIN was used as required by Sec.  80.1431, unless the RIN 
generator replaced the RIN pursuant to Sec.  80.1474.
    (f) Notification requirements. A person asserting an affirmative 
defense to a violation of Sec.  80.1460(b)(2) or (c)(1), arising from 
the transfer or use of an invalid A-RIN, B-RIN, or Q-RIN must submit a 
written report to the EPA via the EMTS support line 
([email protected]), including all pertinent supporting 
documentation, demonstrating that the requirements of paragraphs (c), 
(d), or (e) of this section were met. The written report must be 
submitted within 30 days of the person discovering the invalidity.

[79 FR 42123, July 18, 2014, as amended at 87 FR 39674, July 1, 2022]



Sec.  80.1474  Replacement requirements for invalidly generated RINs.

    (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

[[Page 130]]

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 
([email protected]) 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 ([email protected]) 
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 
third-party auditor that verified the RIN that a RIN is a PIR, the RIN 
generator is required to take one of the following actions:
    (i) In the event that the EPA identifies a RIN as a PIR, do one of 
the following:
    (A) Retire the PIR.
    (B) Retire a valid RIN following the requirements of paragraph (d) 
of this section.
    (C) Submit a demonstration in writing to the EPA via the EMTS 
support line ([email protected]) that the PIR is valid.
    (1) If the EPA determines that the demonstration is satisfactory, 
the RIN will no longer be considered a PIR.
    (2) If the EPA determines that the demonstration is not 
satisfactory, the PIR will be deemed invalid and the PIR generator must 
retire the PIR or a valid RIN following the requirements of paragraph 
(d) of this section within 30 days of notification by the EPA.
    (ii) In the event that the independent third-party auditor 
identifies a RIN as a PIR, do one of the following:
    (A) Retire the PIR.
    (B) Retire a valid RIN following the requirements of paragraph (d) 
of this section.
    (C) Submit a demonstration in writing to the independent third-party 
auditor and the EPA via the EMTS support line 
([email protected]) that the PIR is valid.
    (1) If the independent third-party auditor determines that the 
demonstration is satisfactory, the PIR will be deemed to be a valid RIN; 
however, the EPA reserves the right to make a determination regarding 
the validity of the RIN.
    (2) If the independent third-party auditor determines that the 
demonstration is not satisfactory, the EPA will then make a 
determination whether the demonstration is not satisfactory, and if so, 
the PIR will be deemed invalid and the PIR generator must retire the PIR 
or a valid RIN following the requirements of paragraph (d) of this 
section within 30 days of notification by the EPA.
    (5) Within 60 days of receiving a notification from the EPA that a 
PIR generator has failed to perform a corrective action required 
pursuant to this section:
    (i) For A-RINs, the independent third-party auditor that verified 
the PIR is required to retire valid RINs meeting the requirements of 
paragraph (d) of this section.
    (ii) For Q-RINs, B-RINs, and unverified RINs, the party that owns 
the invalid RIN is required to do one of the following:
    (A) Retire the invalid RIN.
    (B) If the invalid RIN has already been used for compliance with an 
obligated party's RVO, correct the RVO to subtract the invalid RIN.
    (c) Failure to take corrective action. Any person who fails to meet 
a requirement under paragraph (b)(4) or (b)(5) of this section shall be 
liable for full performance of such requirement, and each day of non-
compliance shall be deemed a separate violation pursuant

[[Page 131]]

to Sec.  80.1460(f). The administrative process for replacement of 
invalid RINs does not, in any way, limit the ability of the United 
States to exercise any other authority to bring an enforcement action 
under section 211 of the Clean Air Act, the fuels regulations at 40 CFR 
part 80, or any other applicable law.
    (d) The following specifications apply when retiring valid RINs to 
replace PIRs or invalid RINs:
    (1) When a RIN is retired to replace a PIR or invalid RIN, the D 
code of the retired RIN must be eligible to be used towards meeting all 
the renewable volume obligations as the PIR or invalid RIN it is 
replacing, as specified in Sec.  80.1427(a)(2).
    (2) The number of RINs retired must be equal to the number of PIRs 
or invalid RINs being replaced, subject to paragraph (e) or (f) of this 
section if applicable, and Sec.  80.1470(c).
    (e) Limited exemption for invalid B-RINs verified during the interim 
period. (1) In the event that an obligated party is required to retire 
or replace an invalid RIN that is a B-RIN pursuant to paragraph (b) of 
this section, the obligated party will be afforded a ``limited 
exemption'' (LE) equal to two percent of its annual Renewable Volume 
Obligation (RVO) for calendar years 2013 and 2014 during the interim 
period.
    (2) Limited exemptions are calculated as follows:

LECB,i = 0.02 x RVOCB,i
LEBBD,i = 0.02 x RVOBBD,i
LEAB,i = 0.02 x RVOAB,i
LERF,i = 0.02 x RVORF,i

Where:

LECB,i = Limited exemption for cellulosic biofuel for year i.
LEBBD,i = Limited exemption for biomass-based diesel for year 
          i.
LEAB,i = Limited exemption for advanced biofuel for year i.
LERF,i = Limited exemption for renewable for year i.
RVOCB,i = The Renewable Volume Obligation for cellulosic 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.
RVOBBD,i = The Renewable Volume Obligation for biomass-based 
          diesel for the obligated party for calendar year i after 2010, 
          in gallons, pursuant to Sec.  80.1407.
RVOAB,i = The Renewable Volume Obligation for advanced 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.
RVORF,i = The Renewable Volume Obligation for renewable fuel 
          for the obligated party for calendar year i, in gallons, 
          pursuant to Sec.  80.1407.

    (3) If the number of invalidly generated B-RINs required to be 
retired or replaced in a calendar year is less than or equal to LE as 
calculated in paragraph (d)(2) of this section, the entire RIN 
retirement obligation is excused.
    (4) If the number of invalidly generated B-RINs required to be 
retired or replaced in a calendar year is greater than LE as calculated 
in paragraph (d)(2) of this section, the retirement of a number of B-
RINs equal to two percent of the obligated party's RVO is excused.
    (5) The limited exemption for B-RINs applies only in calendar years 
2013 and 2014 during the interim period.
    (f) Limited exemption for invalid Q-RINs. (1) In the event that an 
obligated party is required to retire or replace an invalid RIN that is 
a Q-RIN pursuant to paragraph (b) of this section, the obligated party 
will be afforded a ``limited exemption'' (LE) equal to two percent of 
its annual Renewable Volume Obligation (RVO) for calendar years 2014, 
2015, and 2016.
    (2) Limited exemptions are calculated as follows:

LECB,i = 0.02 x RVOCB,i
LEBBD,i = 0.02 x RVOBBD,i
LEAB,i = 0.02 x RVOAB,i
LERF,i = 0.02 x RVORF,i

Where:

LECB,i = Limited exemption for cellulosic biofuel for year i.
LEBBD,i = Limited exemption for biomass-based diesel for year 
          i.
LEAB,i = Limited exemption for advanced biofuel for year i.
LERF,i = Limited exemption for renewable for year i.
RVOCB,i = The Renewable Volume Obligation for cellulosic 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.
RVOBBD,i = The Renewable Volume Obligation for biomass-based 
          diesel for the obligated party for calendar year i after 2010, 
          in gallons, pursuant to Sec.  80.1407.
RVOAB,i = The Renewable Volume Obligation for advanced 
          biofuel for the obligated party for calendar year i, in 
          gallons, pursuant to Sec.  80.1407.

[[Page 132]]

RVORF,i = The Renewable Volume Obligation for renewable fuel 
          for the obligated party for calendar year i, in gallons, 
          pursuant to Sec.  80.1407.

    (3) If the number of invalidly generated Q-RINs required to be 
retired or replaced in a calendar year is less than or equal to LE as 
calculated in paragraph (d)(2) of this section, the entire RIN 
retirement obligation is excused.
    (4) If the number of invalidly generated Q-RINs required to be 
retired or replaced in a calendar year is greater than LE as calculated 
in paragraph (d)(2) of this section, the retirement of a number of Q-
RINs equal to two percent of the obligated party's RVO is excused.
    (5) The limited exemption for Q-RINs applies only in calendar years 
2014, 2015, and 2016.
    (g) All parties who retire RINs under this section shall use the 
forms and follow the procedures prescribed by the Administrator.

[79 FR 42123, July 18, 2014, as amended at 87 FR 39674, July 1, 2022]



Sec.  80.1475  What are the additional attest engagement requirements
for parties that redesignate certified NTDF as MVNRLM diesel fuel?

    (a) General requirements. (1) In addition to the attest engagement 
requirements under Sec.  80.1464, all obligated parties required to 
arrange for additional attest engagement procedures under Sec.  
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 Sec.  
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 Sec.  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:
    (i) The volume of certified NTDF that was redesignated as MVNRLM 
diesel fuel.
    (ii) The volume of MVNRLM diesel fuel that was redesignated to a 
non-transportation use.
    (iii) The volume of MVNRLM diesel fuel owned when the fuel was 
received at the facility and acquired at the facility during the 
compliance period.
    (iv) The volume of MVNRLM diesel fuel owned and sold or transferred 
to other parties at the facility during the compliance period.
    (v) The volume of certified NTDF received.
    (vi) The volume of certified NTDF delivered.
    (2) Foot and crossfoot the volume totals reflected in the analysis.
    (3) Agree the beginning and ending inventory amounts in the analysis 
to the facility's inventory records.
    (4) If the obligated party delivered more MVNRLM diesel fuel than 
received, agree the annual balance with the reports obtained at Sec.  
80.1475(b)(1) and verify whether the obligated party

[[Page 133]]

incurred and satisfied its RVO under Sec.  80.1408(a)(2)(i).
    (5) Report as a finding each of the volume totals along with any 
discrepancies.
    (d) Listing of tenders. Auditors must perform the following:
    (1) For each of the volumes listed in paragraphs (c)(1)(iii) through 
(vi) of this section, obtain a separate listing of all tenders from the 
refiner or importer for the reporting period. Each listing should 
provide for each tender the volume shipped and other information as 
needed to distinguish tenders.
    (2) Foot to the volume totals per the listings.
    (3) Agree the volume totals on the listing to the tender volume 
total in the inventory reconciliation analysis obtained in paragraph (c) 
of this section.
    (4) For each of the listings select a representative sample of the 
tenders in accordance with the guidelines in 40 CFR 1090.1805, and for 
each tender selected perform the following:
    (i) Obtain product transfer documents associated with the tender and 
agree the volume on the tender listing to the volume on the product 
transfer documents.
    (ii) Note whether the product transfer documents include the 
information required by 40 CFR 1090.1115 and, for tenders involving the 
transfer of certified NTDF, the information required by Sec.  
80.1453(e).
    (5) Report as a finding any discrepancies.

[85 FR 7083, Feb. 6, 2020, as amended at 85 FR 78468, Dec. 4, 2020; 87 
FR 39674, July 1, 2022]



Sec.  80.1476  Requirements for biointermediate producers.

    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 Sec.  80.1450(b).
    (b) Reporting. Biointermediate producers must comply with the 
reporting requirements in Sec.  80.1451(j).
    (c) Recordkeeping. Biointermediate producers must comply with the 
recordkeeping requirements in Sec.  80.1454(i).
    (d) PTDs. Biointermediate producers must comply with the PTD 
requirements in Sec.  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 Sec.  80.1477(b) and the 
independent third-party auditor must have conducted a site visit of the 
biointermediate production facility under Sec.  80.1472.
    (f) Attest engagements. Biointermediate producers must comply with 
the annual attest engagement requirements in Sec.  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 Sec.  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 Sec.  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 
production facility as long as each batch is produced at the same 
biointermediate production facility, is the same type of 
biointermediate, and no other feedstocks, biointermediates, foreign 
ethanol, or renewable fuels are comingled.
    (B) A renewable fuel producer may commingle batches of 
biointermediate at an off-site storage tank if all the following 
conditions are met:
    (1) Only batches of the same type of biointermediate are commingled 
and no other feedstocks, biointermediates, foreign ethanol, or renewable 
fuels are comingled in the off-site storage tank.

[[Page 134]]

    (2) The renewable fuel producer owns or is the sole position holder 
in the off-site storage tank.
    (3) Renewable fuel producers that receive biointermediate at a 
renewable fuel production facility may not be a biointermediate 
producer.
    (4) A biointermediate must not be used to make another 
biointermediate.
    (5) A foreign biointermediate producer must not transfer 
biointermediate to a non-RIN-generating foreign producer.
    (h) Batch numbers and volumes. (1) Each batch of biointermediate 
produced at a biointermediate production facility must be assigned a 
number (the ``batch number''), consisting of the EPA-assigned company 
registration number, the EPA-assigned facility registration number, the 
last two digits of the year in which the batch was produced, and a 
unique number for the batch, beginning with the number one for the first 
batch produced each calendar year and each subsequent batch during the 
calendar year being assigned the next sequential number (e.g., 4321-
54321-95-000001, 4321-54321-95-000002, etc.).
    (2) For biointermediates measured on a volume basis, the volume of 
each batch of biointermediate must be adjusted to a standard temperature 
of 60 [deg]F as specified in Sec.  80.1426(f)(8).
    (i) Designation. Each batch of biointermediate produced at a 
biointermediate production facility must be designated for use in the 
production of a renewable fuel in accordance with the biointermediate 
producer's registration under Sec.  80.1450. The designation for the 
batch of biointermediate must be clearly indicated on PTDs for the 
biointermediate as described in Sec.  80.1453(f)(1)(vi). The same batch 
or a portion of a batch may not be designated as both a biointermediate 
and a renewable fuel.

[87 FR 39675, July 1, 2022]



Sec.  80.1477  Requirements for QAPs for biointermediate producers.

    (a) Independent third-party auditors that verify biointermediate 
production must meet the requirements of Sec.  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 Sec.  80.1469(c) through (f), as applicable.
    (c) Quality assurance audits, when performed, must be conducted in 
accordance with the requirements in Sec.  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 Sec.  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 Sec.  80.1469.

[87 FR 39675, July 1, 2022]



Sec.  80.1478  Requirements for foreign biointermediate producers and 
importers.

    (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

[[Page 135]]

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 the biointermediate.
    (C) Work performed and reports prepared by independent third parties 
and by independent auditors under the requirements of this section, 
including work papers.
    (vi) Inspections and audits by EPA may include interviewing 
employees.
    (vii) Any employee of the foreign biointermediate producer must be 
made available for interview by the EPA inspector or auditor, on 
request, within a reasonable time period.
    (viii) English language translations of any documents must be 
provided to an EPA inspector or auditor, on request, within 10 business 
days.
    (ix) English language interpreters must be provided to accompany EPA 
inspectors and auditors, on request.
    (2) An agent for service of process located in the District of 
Columbia must be named, and service on this agent constitutes service on 
the foreign biointermediate producer or any employee of the foreign 
biointermediate producer for any action by EPA or otherwise by the 
United States related to the requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related 
to the provisions of this section for violations of the Clean Air Act or 
regulations in this title promulgated thereunder must be governed by the 
Clean Air Act, including the EPA administrative forum where allowed 
under the Clean Air Act.
    (4) United States substantive and procedural laws apply to any civil 
or criminal enforcement action against the foreign biointermediate 
producer or any employee of the foreign biointermediate producer related 
to the provisions of this section.
    (5) Applying to be an approved foreign biointermediate producer 
under this section, or producing or exporting biointermediate under such 
approval, and all other actions to comply with the requirements of this 
subpart relating to such approval constitute actions or activities 
covered by and within the meaning of the provisions of 28 U.S.C. 
1605(a)(2), but solely with respect to actions instituted against the 
foreign biointermediate producer, its agents and employees in any court 
or other tribunal in the United States for conduct that violates the 
requirements applicable to the foreign biointermediate producer under 
this subpart, including conduct that violates the False Statements 
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the 
Clean Air Act (42 U.S.C. 7413).
    (6) The foreign biointermediate producer, or its agents or 
employees, will not seek to detain or to impose civil or criminal 
remedies against EPA inspectors or auditors for actions performed within 
the scope of EPA employment or contract related to the provisions of 
this section.
    (7) The commitment required by this paragraph (c) must be signed by 
the

[[Page 136]]

owner or president of the foreign biointermediate producer company.
    (8) In any case where the biointermediate produced at a foreign 
biointermediate production facility is stored or transported by another 
company between the production facility and the vessel that transports 
the biointermediate to the United States, the foreign biointermediate 
producer must obtain from each such other company a commitment that 
meets the requirements specified in paragraphs (c)(1) through (7) of 
this section, and these commitments must be included in the foreign 
biointermediate producer's application to be an approved foreign 
biointermediate producer under this subpart.
    (d) Sovereign immunity. By submitting an application to be an 
approved foreign biointermediate producer under this subpart, or by 
producing and exporting biointermediate fuel to the United States under 
such approval, the foreign biointermediate producer, and its agents and 
employees, without exception, become subject to the full operation of 
the administrative and judicial enforcement powers and provisions of the 
United States without limitation based on sovereign immunity, with 
respect to actions instituted against the foreign biointermediate 
producer, its agents and employees in any court or other tribunal in the 
United States for conduct that violates the requirements applicable to 
the foreign biointermediate producer under this subpart, including 
conduct that violates the False Statements Accountability Act of 1996 
(18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 
7413).
    (e) English language reports. Any document submitted to EPA by a 
foreign biointermediate producer must be in English or must include an 
English language translation.
    (f) Withdrawal or suspension of foreign biointermediate producer 
approval. EPA may withdraw or suspend a foreign biointermediate 
producer's approval where any of the following occur:
    (1) A foreign biointermediate producer fails to meet any requirement 
of this section.
    (2) A foreign government fails to allow EPA inspections or audits as 
provided in paragraph (c)(1) of this section.
    (3) A foreign biointermediate producer asserts a claim of, or a 
right to claim, sovereign immunity in an action to enforce the 
requirements in this subpart.
    (g) Additional requirements for applications, reports, and 
certificates. Any application for approval as a foreign biointermediate 
producer, any report, certification, or other submission required under 
this section shall be:
    (1) Submitted in accordance with procedures specified by the 
Administrator, including use of any forms that may be specified by the 
Administrator.
    (2) Signed by the president or owner of the foreign biointermediate 
producer company, or by that person's immediate designee, and must 
contain the following declarations:
    (i) Certification.

    ``I hereby certify:
    That I have actual authority to sign on behalf of and to bind [NAME 
OF FOREIGN BIOINTERMEDIATE PRODUCER] with regard to all statements 
contained herein;
    That I am aware that the information contained herein is being 
Certified, or submitted to the United States Environmental Protection 
Agency, under the requirements of 40 CFR part 80, subpart M, and that 
the information is material for determining compliance under these 
regulations; and
    That I have read and understand the information being Certified or 
submitted, and this information is true, complete and correct to the 
best of my knowledge and belief after I have taken reasonable and 
appropriate steps to verify the accuracy thereof.''

    (ii) Affirmation.

    ``I affirm that I have read and understand the provisions of 40 CFR 
part 80, subpart M, including 40 CFR 80.1478 apply to [NAME OF FOREIGN 
BIOINTERMEDIATE PRODUCER]. Pursuant to Clean Air Act section 113(c) and 
18 U.S.C. 1001, the penalty for furnishing false, incomplete or 
misleading information in this certification or submission is a fine of 
up to $10,000 U.S., and/or imprisonment for up to five years.''

    (h) Requirements for biointermediate importers. Any biointermediate 
importer must meet all the following requirements:
    (1) For each biointermediate batch, any biointermediate importer 
must have an independent third party do all the following:

[[Page 137]]

    (i) Determine the volume of biointermediate in the truck, railcar, 
vessel, or other shipping container.
    (ii) Determine the name and EPA-assigned registration number of the 
foreign biointermediate producer that produced the biointermediate.
    (iii) Determine the name and country of registration of the truck, 
railcar, vessel, or other shipping container used to transport the 
biointermediate to the United States.
    (iv) Determine the date and time the truck, railcar, vessel, or 
other shipping container arrives at the United States port of entry.
    (2) Any biointermediate importer must submit documentation of the 
information determined under paragraph (h)(1) of this section within 30 
days following the date any truck, railcar, vessel, or other shipping 
container transporting biointermediate arrives at the United States port 
of entry to all the following:
    (i) The foreign biointermediate producer.
    (ii) The renewable fuel producer.
    (3) The biointermediate importer and the independent third party 
must keep records of the audits and reports required under paragraphs 
(h)(1) and (2) of this section for five years from the date of creation.

[87 FR 39675, July 1, 2022]

Subparts N-O [Reserved]



                Sec. Appendixes A-G to Part 80 [Reserved]

[[Page 139]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 141]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2023)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 142]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 143]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 144]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 145]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 146]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 147]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 148]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 149]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 150]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 151]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 152]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 153]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 154]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 155]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  (Parts 103-001--104-099) [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 156]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 157]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 158]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 159]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 160]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 161]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2023)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 162]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 163]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 164]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 165]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 166]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 167]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 168]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 169]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 171]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2018 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
80 Notification....................................................22593
80.27 (a)(2)(ii) table amended.....................................53588
80.1401 Amended....................................................37746
80.1405 (a)(10) added..............................................63744
80.1426 (f)(1) Table 1 amended.....................................37746

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
80.2 (aa) added....................................................69340
80.27 (d)(2) revised...............................................27021
80.27 (a)(2)(ii) table amended.....................................49474
80.28 (g)(6)(iii), (8) introductory text, and (ii) revised.........27021
80.70 (j)(3) revised................................................2456
80.501 (a)(6) and (7) redesignated as (a)(7) and (8); new (a)(6) 
        added; (b) revised.........................................69340
80.590 Heading and (a) introductory text revised; (a)(7)(viii) 
        added......................................................69341
80.598 (a)(2)(i)(G) and (b)(8)(iii) revised........................69341
80.602 Heading, (a), and (b)(4)(i) revised.........................69341
80.605 Added.......................................................69341
80.1401 Amended; eff. 7-10-19......................................27021
80.1402 Added; eff. 7-10-19........................................27022
80.1435 Added; eff. 7-10-19........................................27022
80.1451 (c)(2) introductory text revised; (c)(2)(i) through 
        (xviii) redesignated as (c)(2)(i)(A) through (R); new 
        (c)(2)(i) introductory text and new (ii) added; eff. 7-10-
        19.........................................................27023
80.1452 (c)(12) revised; (c)(15) added; eff. 7-10-19...............27024
80.1454 (i)(1), (2), (u), and (v) added; eff. 7-10-19..............27024
80.1464 (a)(4), (5), (6), (b)(5), (6), (7), (c)(3), (4), and (5) 
        added; eff. 7-10-19........................................27024
80.1503 (a)(1)(vi)(C), (b)(1)(vi)(C), (D), and (E) removed; 
        (a)(1)(vi)(B) and (b)(1)(vi)(B) revised....................27025
80.1504 (f) and (g) removed........................................27025

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
80.1 Revised.......................................................78465
80.2 Revised.......................................................78465
80.3 Removed; eff. 1-1-22..........................................78467
80.7 (c) amended...................................................78467
80.10 Added.........................................................7070
80.22 Removed; eff. 1-1-22.........................................78467
80.23 Removed; eff. 1-1-22.........................................78467
80.26 Removed; eff. 1-1-22.........................................78467
80.27 (b) and (e)(1)(i) revised.....................................7070

[[Page 172]]

80.27 Removed; eff. 1-1-22.........................................78467
80.28 Removed; eff. 1-1-22.........................................78467
80.29 Removed; eff. 1-1-22.........................................78467
80.30 Removed; eff. 1-1-22.........................................78467
80.32 Removed; eff. 1-1-22.........................................78467
80.33 Removed; eff. 1-1-22.........................................78467
80.46 (a), (b), and (d) through (g) revised; (h)(1)(iv), (v), 
        (vii), (viii), (x), (xiii), (xv), and (xvi) removed.........7070
80.47 (b), (c)(2)(i), (ii), (3), (d)(2), (e)(2), (f)(2), (g)(2), 
        (h)(2), (i)(2), (j)(2), (l)(2)(i), (4), (n)(1), (2)(i), 
        (o)(1), (2)(i), (p)(1), (2)(i), and (3)(i) revised..........7070
80.69 (a)(11)(viii)(C) revised......................................7072
80.40--80.89 (Subpart D) Removed; eff. 1-1-22......................78467
80.93 (d)(4) revised................................................7072
80.90--80.124 (Subpart E) Removed; eff. 1-1-22.....................78467
80.125--80.135 (Subpart F) Removed; eff. 1-1-22....................78467
80.174 (b) and (c) revised..........................................7072
80.140--80.177 (Subpart G) Removed; eff. 1-1-22....................78467
80.235 (b) revised..................................................7073
80.290 (b) revised..................................................7073
80.180--80.415 (Subpart H) Removed; eff. 1-1-22....................78467
80.533 (b) revised..................................................7073
80.574 (b) revised..................................................7073
80.585 (d)(1) and (2) amended; (d)(4) revised.......................7073
80.595 (b) revised..................................................7073
80.607 (a) revised..................................................7073
80.500--80.620 (Subpart I) Removed; eff. 1-1-22....................78467
80.855 (c)(2) revised...............................................7073
80.800--80.1045 (Subpart J) Removed; eff. 1-1-22...................78467
80.1100--80.1167 (Subpart K) Removed; eff. 1-1-22..................78467
80.1240 (a)(1)(i) amended...........................................7073
80.1285 (b) revised.................................................7073
80.1340 (b) revised.................................................7073
80.1200--80.1363 (Subpart L) Removed; eff. 1-1-22..................78467
80.1400 Introductory text amended..................................78467
80.1401 Amended..............................................7073, 78467
80.1405 (a)(11) added; (c) amended..................................7074
80.1407 (f)(9), (10), and (11) added................................7074
80.1407 (e) amended; (f)(7) revised................................78467
80.1408 Added.......................................................7074
80.1415 (c)(4) revised..............................................7075
80.1416 (b)(1)(i) amended..........................................78467
80.1426 Heading, (a)(1)(iii), (2), (c)(4), and (5) revised; (f)(1) 
        Table 1 amended.............................................7075
80.1427 (b)(2) amended; (c)(2) revised..............................7076
80.1427 (a)(2) introductory text amended; (a)(4) removed...........78467
80.1429 (b)(3) revised..............................................7076
80.1429 (b)(9) introductory text amended; (f) and (g) removed......78467
80.1430 (a), (b)(1), (c), (d)(1), and (e) introductory text 
        amended; (h) added..........................................7076
80.1431 (b)(2) revised..............................................7076
80.1434 Added.......................................................7076
80.1440 Heading and (a) revised; (f) added..........................7077
80.1440 (a)(2) amended.............................................78467
80.1441 (h) revised.................................................7077
80.1441 (a)(6) and (b)(4) removed..................................78467
80.1442 (i) revised.................................................7077
80.1442 (a)(3) and (b)(6) removed..................................78467
80.1443 (d)(2) revised..............................................7077
80.1449 (d) revised.................................................7077
80.1450 (b) introductory text, (1)(vii)(A)(1), (B), (viii)(A), 
        (ix)(A) introductory text, (xi)(A), (B), (g)(9), and (h) 
        revised; (d)(1) amended.....................................7077
80.1450 (a), (b), introductory text, (c), (d)(3)(iii), (e), and 
        (g)(1) amended.............................................78467
80.1451 (a)(1)(i), (v), (4), (b) introductory text, (1)(ii)(D), 
        (I), (g)(1)(ii)(D), and (I) revised; (i) and (j) 
        redesignated as (j) and (k); (a)(1)(xix) and new (i) added
                                                                    7079
80.1452 (b)(11) revised; (c) introductory text amended..............7079
80.1453 (b) and (d) revised; (e) added..............................7079
80.1453 (e)(1) amended.............................................78467

[[Page 173]]

80.1454 (a) introductory text, (1), (d)(4), (h)(6)(iii), (j) 
        introductory text, (1), (2) introductory text, (n), and 
        (q) revised; (t) redesignated as (w); new (t) added.........7080
80.1454 (h)(2)(i) amended..........................................78467
80.1460 (b)(7) and (j) added; (g) revised...........................7080
80.1461 (a)(1) and (2) revised......................................7080
80.1463 (d) revised.................................................7080
80.1464 (a) introductory text, (1)(i)(A), (iii), (iv) introductory 
        text, (A), (D), and (v) revised; (a)(1)(vii) added; 
        (b)(1)(ii) amended..........................................7080
80.1464 Introductory text, (a)(1)(iii), (iv)(D), (2)(i), 
        (b)(1)(iv), (v)(A), (2)(i), and (c)(1)(i) amended..........78467
80.1465 Removed....................................................78467
80.1466 Heading, (a), (b), (c) heading, (1), (d)(1)(iii), (v), 
        (vi)(B), (3)(ii), (e)(2)(ii), (f) introductory text, (1) 
        introductory text, (ii)(C), (v)(A), (C), (vii), (2), (4) 
        through (8), (g), (h) introductory text, (3)(iii), (4), 
        (i), (j)(2), (3), (4), (k)(1), (2)(ii), (4)(ii), (l) 
        heading, (1) introductory text, (2)(i), (3), (m)(3)(ii), 
        (6)(i), (n) introductory text, (1), (3), (4), (o) 
        introductory text, and (2) revised; (h)(1) amended; (p) 
        added.......................................................7081
80.1466 (d)(3)(ii), (m)(3) introductory text, (4) introductory 
        text, (5), (6)(ii), and (iii) amended......................78467
80.1467 (h)(2) and (3) amended.....................................78467
80.1469 (c)(1)(ii) and (f)(1) introductory text revised.............7083
80.1469 (c)(5) amended.............................................78467
80.1472 (b)(3)(i) introductory text, (ii)(B), and (iii) revised.....7083
80.1475 Added.......................................................7083
80.1475 (d)(4)(ii) amended.........................................78468
80.1501 Heading, (b)(3)(i), and (5)(i) revised; (b)(5)(ii) removed
                                                                    7084
80.1500--80.1509 (Subpart N) Removed; eff. 1-1-22..................78467
80.1600 Amended.....................................................7084
80.1603 (d)(1) revised; (d)(2) redesignated as (d)(3); new (d)(2) 
        added; (f)(1) amended.......................................7084
80.1609 (a) amended.................................................7084
80.1616 (c)(3) revised..............................................7085
80.1622 (g) revised.................................................7085
80.1625 (c)(2) revised..............................................7085
80.1650 (b)(3), (e)(1)(iii)(A), and (g)(1)(iii)(A) revised..........7085
80.1652 (a)(7) introductory text revised; (a)(7)(v) and (vi) added
                                                                    7085
80.1656 (h) revised.................................................7085
80.1600--80.1667 (Subpart O) Removed; eff. 1-1-22..................78467
80 Appendixes A and B removed; eff. 1-1-22.........................78467

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
80 Determination....................................................3827
80 Notification....................................................37681
80.1451 (a)(1)(xiv)(E) and (F) added...............................17077
80.1464 (g)(7), (8), and (9) added.................................17078

                                  2022

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
Chapter I Actions on petitions.....................................25412
80.11 Added; eff. 8-30-22..........................................39659
80.1401 Amended; eff. 8-30-22......................................39659
80.1401 Amended....................................................73964
80.1402 Revised; eff. 8-30-22......................................39661
80.1405 (a)(11) revised; (a)(12) and (13) added; eff. 8-30-22......39661
80.1407 (f)(1) revised; eff. 8-30-22...............................39661
80.1408 (a)(2)(i)(B) and (ii)(B) amended; eff. 8-30-22.............39661
80.1415 (c)(2)(ii) and (iii) revised; eff. 8-30-22.................39661
80.1416 (b)(1)(ii) and (iii) revised; eff. 8-30-22.................39662
80.1426 (a)(4), (c)(8), (f)(4)(iv), (17) heading added; (c)(2) 
        heading and (3) heading removed; (f)(1), (3)(vi), (4) 
        heading, (5), (7)(v)(A), (B), (8)(ii)(B), (9)(ii), (15)(i) 
        introductory text, (16)(iii), (17)(i) introductory text, 
        (B)(1), and (2) revised; table 1, (f)(4)(i)(A)(1) amended; 
        eff. 8-30-22...............................................39662
80.1426 Table 1 amended............................................73965

[[Page 174]]

80.1428 (b)(2) revised; eff. 8-30-22...............................39664
80.1429 (b)(9) introductory text revised; eff. 8-30-22.............39664
80.1430 (e)(2) revised; eff. 8-30-22...............................39665
80.1431 (a)(3) added; eff. 8-30-22.................................39665
80.1435 (a)(4) amended; eff. 8-30-22...............................39665
80.1444 Added......................................................54166
80.1449 (a)(4)(iii) revised; eff. 8-30-22..........................39665
80.1450 (b) introductory text, (1) introductory text, (i), (ii) 
        introductory text, (iii), (iv)(A)(1), (2), (B)(3), (v)(B), 
        (C), (vii)(A) introductory text, (vii)(B) introductory 
        text, (viii) introductory text, (B)(1), (2), (3), (xii) 
        introductory text, (B), (C) introductory text, (xiii)(A), 
        (B) introductory text, (1), (5), (xv) introductory text, 
        (2)(i)(A), (B), (ii)(A), (B), (C), (iv), (d), (g)(5), (6), 
        (7), (9), (10)(ii), and (h)(1)(i) revised; (b)(1)(ii)(B), 
        (xvi), and (g) heading added; (g) introductory text, 
        (11)(ii), and (h)(2)(i) amended; eff. 8-30-22..............39665
80.1451 (a)(1) introductory text and (f) introductory text 
        revised; (a)(1)(xiv) removed; (f)(1), (2) heading, and (3) 
        heading added...............................................5702
80.1451 (b)(1)(ii)(K), (L), (T), (U) introductory text, (g)(1)(i), 
        (ii) introductory text, (A), (B), (C), (K), (L), (2)(vii) 
        and (viii) revised; (b)(1)(ii)(R) amended; (g)(2)(x), (j) 
        and (k) redesignated as (g)(2)(xi), (k) and (l); new 
        (g)(2)(x), new (j) added; eff. 8-30-22.....................39668
80.1452 (b)(16) redesignated as (b)(18); new (b)(16) and (17) 
        added; eff. 8-30-22........................................39669
80.1453 (f) added; eff. 8-30-22....................................39669
80.1454 (n) through (q) and (w) removed; (b)(3)(vii) through 
        (xii), (l)(3), (m)(10), and (s) through (v) redesignated 
        as (b)(3)(viii) through (xiii), (l)(4), (m)(11) and new 
        (n) through (q); new (b)(3)(vii), (k) heading, new (l)(3), 
        new (m)(10), new (s) through (v) added; (b)(6), (i), (j) 
        introductory text, (l) introductory text, (l)(1), new (n) 
        introductory text, (r) revised; (d)(4), (m) introductory 
        text amended; eff. 8-30-22.................................39670
80.1454 (a)(7) added...............................................54166
80.1460 (b)(5) and (6) revised; (b)(8), (k) added; eff. 8-30-22....39671
80.1461 (a)(1) and (2) revised; (e) added; eff. 8-30-22............39671
80.1463 (d) revised; eff. 8-30-22..................................39671
80.1464 (d) revised; (g) and (i) removed............................5702
80.1464 Amended; (a)(3)(ii), (b)(1)(v)(A), (3)(ii), (4)(i), (c) 
        introductory text, (2)(ii), (i)(1) heading, (i)(1)(i) and 
        (iii), (i)(2) heading, (i)(2)(i) and (ii) revised; (a)(7), 
        (b)(1)(v)(C), (4)(iii), (8), (c)(6), (7) and (h) added; 
        eff. 8-30-22...............................................39671
80.1468 Revised; eff. 8-30-22......................................39673
80.1469 Introductory text, (c)(1)(vi), (vii), (2)(i), (3)(i), (5), 
        (f)(1) and (2) revised; eff. 8-30-22.......................39673
80.1471 (b)(1), (4), (5), (6), (c), (f)(1) introductory text, 
        (ii), (g) revised; (e)(5) added; eff. 8-30-22..............39674
80.1472 (a)(4), (b)(3)(i) introductory text, (ii)(B), 
        (iii)revised; eff. 8-30-22.................................39674
80.1473 (f) amended; eff. 8-30-22..................................39674
80.1474 (b) amended; eff. 8-30-22..................................39674
80.1475 (a)(2), (d)(1), (4) amended; (d)(3) revised eff. 8-30-22 
                                                                   39674
80.1476 Added; eff. 8-30-22........................................39675
80.1477 Added; eff. 8-30-22........................................39675
80.1478 Added; eff. 8-30-22........................................39675

                                  2023

  (No regulations published from January 1, 2023, through July 1, 2023)

[[Page 175]]