Title 40
SECTION 80.1151
80.1151 What are the recordkeeping requirements under the RFS program
§ 80.1151 What are the recordkeeping requirements under the RFS program?(a) Beginning September 1, 2007, any obligated party (as described at § 80.1106) or exporter of renewable fuel (as described at § 80.1130) must keep all of the following records:
(1) Product transfer documents consistent with § 80.1153 and associated with the obligated party's activity, if any, as transferor or transferee of renewable fuel.
(2) Copies of all reports submitted to EPA under § 80.1152(a).
(3) Records related to each RIN transaction, which includes all the following:
(i) A list of the RINs owned, purchased, sold, or retired.
(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 the use of RINs (by facility, if applicable) for compliance, which includes all the following:
(i) Methods and variables used to calculate the Renewable Volume Obligation pursuant to § 80.1107 or § 80.1130.
(ii) List of RINs used to demonstrate compliance.
(iii) Additional information related to details of RIN use for compliance.
(b) Beginning September 1, 2007, any producer or importer of a renewable fuel as defined at § 80.1101(d) must keep all of the following records:
(1) Product transfer documents consistent with § 80.1153 and associated with the renewable fuel producer's or importer's activity, if any, as transferor or transferee of renewable fuel.
(2) Copies of all reports submitted to EPA under § 80.1152(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 number as assigned under § 80.1126.
(iv) Identification of batches meeting the definition of cellulosic biomass ethanol.
(v) Date of production or import.
(vi) Results of any laboratory analysis of batch chemical composition or physical properties.
(vii) Additional information related to details of RIN generation.
(4) Records related to each RIN transaction, including all of the following:
(i) A list of the RINs owned, purchased, sold, or retired.
(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 neat renewable fuel that any party designates as motor vehicle fuel and uses as motor vehicle fuel.
(c) Beginning September 1, 2007, any producer of a renewable fuel defined at § 80.1101(d) must keep verifiable records of the following:
(1) The amount and type of fossil fuel and waste material-derived fuel used in producing on-site thermal energy dedicated to the production of ethanol at plants producing cellulosic biomass ethanol through the displacement of 90 percent or more of the fossil fuel normally used in the production of ethanol, as described at § 80.1101(a)(2).
(2) The amount and type of feedstocks used in producing cellulosic biomass ethanol as defined in § 80.1101(a)(1).
(3) The equivalent amount of fossil fuel (based on reasonable estimates) associated with the use of off-site generated waste heat that is used in the production of ethanol at plants producing cellulosic biomass ethanol through the displacement of 90 percent or more of the fossil fuel normally used in the production of ethanol, as described at § 80.1101(a)(2).
(4) The plot plan and process flow diagram for plants producing cellulosic biomass and waste derived ethanol as defined in § 80.1101(a) and (b), respectively.
(5) The independent third party verification required under § 80.1155 for producers of cellulosic biomass ethanol and waste derived ethanol.
(d) Beginning September 1, 2007, any party, other than those parties covered in paragraphs (a) and (b) of this section, that owns RINs must keep all of the following records:
(1) Product transfer documents consistent with § 80.1153 and associated with the party's activity, if any, as transferor or transferee of renewable fuel.
(2) Copies of all reports submitted to EPA under § 80.1152(c).
(3) Records related to each RIN transaction, including all of the following:
(i) A list of the RINs owned, purchased, sold or retired.
(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.
(e) The records required under this section and under § 80.1153 shall be kept for five years from the date they were created, except that records related to transactions involving RINs shall be kept for five years from the date of transfer.
(f) On request by EPA, the records required under this section and under § 80.1153 must be made available to the Administrator or the Administrator's authorized representative. For records that are electronically generated or maintained, the equipment or software necessary to read the records shall be made available; or, if requested by EPA, electronic records shall be converted to paper documents.
[72 FR 24000, May 1, 2007, as amended at 73 FR 57256, Oct. 2, 2008; 74 FR 29952, June 24, 2009]