Title 40

SECTION 80.1160

80.1160 What acts are prohibited under the RFS program

§ 80.1160 What acts are prohibited under the RFS program?

(a) Renewable fuel producer or importer violation. Except as provided in § 80.1154, no person shall produce or import a renewable fuel without generating a batch-RIN as required under § 80.1126.

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

(1) Improperly generate a RIN (e.g., generate a RIN for which the applicable renewable fuel volume was not produced).

(2) Create or transfer to any person a RIN that is invalid under § 80.1131.

(3) Transfer to any person a RIN that is not properly identified as required under § 80.1125.

(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.

(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 party's renewable fuel volume obligation under § 80.1127.

(2) Fail to acquire sufficient RINs to meet the party's renewable fuel volume obligation under § 80.1130.

(3) Use a validly generated RIN to meet the party's renewable fuel volume obligation under § 80.1127, or separate and transfer a validly generated RIN, where the party ultimately uses the renewable fuel volume associated with the RIN in a heater or boiler.

(d) RIN retention violation. No person shall retain RINs in violation of the requirements in § 80.1128(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.

[72 FR 24003, May 1, 2007, as amended at 73 FR 57257, Oct. 2, 2008]

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