(a) [Reserved]
(b) For each compliance period starting with 2010, an obligated party is required to demonstrate, pursuant to § 80.1427, that it has satisfied the Renewable Volume Obligations for that compliance period, as specified in § 80.1407(a).
(c) Aggregation of facilities—(1) Except as provided in paragraphs (c)(2), (d) and (e) of this section, an obligated party may comply with the requirements of paragraph (b) of this section in the aggregate for all of the refineries that it operates, or for each refinery individually.
(2) An obligated party that carries a deficit into year i + 1 must use the same approach to aggregation of facilities in year i + 1 as it did in year i.
(d) An obligated party must comply with the requirements of paragraph (b) of this section for all of its imported gasoline or diesel fuel in the aggregate.
(e) An obligated party that is both a refiner and importer must comply with the requirements of paragraph (b) of this section for its imported gasoline or diesel fuel separately from gasoline or diesel fuel produced by its domestic refinery or refineries.
(f) Where a refinery or import facility is jointly owned by two or more parties, the requirements of paragraph (b) of this section may be met by one of the joint owners for all of the gasoline or diesel fuel produced/imported at the facility, or each party may meet the requirements of paragraph (b) of this section for the portion of the gasoline or diesel fuel that it produces or imports, as long as all of the gasoline or diesel fuel produced/imported at the facility is accounted for in determining the Renewable Volume Obligations under § 80.1407. In either case, all joint owners are subject to the liability provisions of § 80.1461(d).
(g) The requirements in paragraph (b) of this section apply to the following compliance periods: Beginning in 2010, and every year thereafter, the compliance period is January 1 through December 31.
[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 88 FR 44581, July 12, 2023]
Notes of Decisions
Am. Fuel & Petrochemical v. EPA, 937 F.3d 559 (D.C. Cir. 2019).
· cites it 3× “§ 7545(o)(3)(B)(ii)(I), the EPA has since the Program’s inception declined to include blenders—defined as “part[ies] that simply blend[] renewable fuel into gasoline or diesel fuel,” 40 C.F.R. § 80.1406 (a)(1)— within the definition of “obligated party,” see Regulation of Fuels…”
Growth Energy v. EPA, 5 F.4th 1 (D.C. Cir. 2021).
· cites it 2× “§ 7545(o)(3)(B)(ii)(I), the EPA has since the Program’s inception declined to include blenders—defined as “part[ies] that simply blend[ ] renewable fuel into gasoline or diesel fuel,” 40 C.F.R. § 80.1406 (a)(1)—within the definition of “obligated party,” see Regulation of Fuels…”
Ergon-W. Va., Inc. v. U.S. Envtl. Prot. Agency, 896 F.3d 600 (4th Cir. 2018).
“40 C.F.R. § 80.1406 (a)(1). 3 The 2009 Study did recognize, however, that "[i]t [was] too early to project whether [RIN] markets will continue to be liquid and competitive.”
Hermes Consol., LLC v. Env't Prot. Agency, 787 F.3d 568 (D.C. Cir. 2015).
· cites it 2× “” See 40 C.F.R. § 80.1406 (a). Under a volume percentage of 20%, for example, an obligated party producing 100,000 gallons of fuel in a year would have a renewable fuels volume obligation of 20,000 gallons.”
Am. Petroleum Inst. v. Roy Cooper, III, 718 F.3d 347 (4th Cir. 2013).
“2 See 40 C.F.R. § 80.1406 . The EPA is charged with determining, annually, how much renewable fuel should enter the marketplace, and assigning volume-based quotas to obligated entities in order to meet the annual requirement.”
Wynnewood Refining Co., LLC v. EPA, 77 F.4th 767 (D.C. Cir. 2023).
“In support of Article III standing, the Refineries noted that, “[a]s obligated parties,” they are “subject to annual RFS compliance deadlines, 40 C.F.R. § 80.1406 , and thus are directly regulated by the Extension Rule.”
Sinclair Wyoming Refining Co. LLC v. EPA, 101 F.4th 871 (D.C. Cir. 2024).
“§ 7545(o)(3)(B)(ii); 40 C.F.R. § 80.1406 (a)(1). There is, however, an exception for small 8 refineries that produce fewer than 75,000 barrels per day on average.”
Coffeyville Resources Refining & Mktg., LLC v. EPA (D.C. Cir. 2019).
· cites it 3× “at 14,721–22 (codified at 40 C.F.R. § 80.1406 (a)(1)). During the 2010 rulemaking, several refiners—including petitioner Valero Energy Corporation—argued that failing to obligate blenders, who combine renewable fuel with fossil fuels, would make the RFS program unworkable.”
Wynnewood Refining Co., L.L.C. v. EPA (5th Cir. 2023).
“See 40 C.F.R. § 80.1406 . Obligated parties must satisfy their individual volume obligations by the RFS annual compli- ance date set by EPA.”
Hunt Refining Co. v. U.S. Env't Prot. Agency (11th Cir. 2024).
“40 C.F.R. § 80.1406 . Concerned that the RFS obligations could unfairly burden small refineries, Congress gave all small refineries an exemption from the RFS program through 2010.”
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