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Electronic Code of Federal Regulations

e-CFR Data is current as of July 30, 2014

Title 40: Protection of Environment
PART 80—REGULATION OF FUELS AND FUEL ADDITIVES
Subpart M—Renewable Fuel Standard


§80.1430   Requirements for exporters of renewable fuels.

Link to an amendment published at 79 FR 42115, July 18, 2014.

(a) Any party that owns any amount of renewable fuel, whether in its neat form or blended with gasoline or diesel, that is exported from any of the regions described in §80.1426(b) 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.

(b) Renewable Volume Obligations. An exporter of renewable fuel shall determine its Renewable Volume Obligations from the volumes of the renewable fuel exported.

(1) Cellulosic biofuel.

RVOCB,i = Σ(VOLk * EVk)i + DCB,i-1

Where:

RVOCB,i = The Renewable Volume Obligation for cellulosic biofuel for the exporter for calendar year i, in gallons.

k = A discrete volume of exported renewable fuel.

VOLk = The standardized volume of discrete volume k of exported renewable fuel that the exporter knows or has reason to know is cellulosic biofuel, in gallons, calculated in accordance with §80.1426(f)(8).

EVk = The equivalence value associated with discrete volume k.

Σ = Sum involving all volumes of cellulosic biofuel exported.

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

(2) Biomass-based diesel.

RVOBBD,i = Σ(VOLk * EVk)i + DBBD,i-1

Where:

RVOBBD,i = The Renewable Volume Obligation for biomass-based diesel for the exporter for calendar year i, in gallons.

k = A discrete volume of exported renewable fuel.

VOLk = The standardized volume of discrete volume k of exported renewable fuel that is biodiesel or renewable diesel, in gallons, calculated in accordance with §80.1426(f)(8).

EVk = The equivalence value associated with discrete volume k.

Σ = Sum involving all volumes of biodiesel or renewable diesel exported.

DBBD,i-1 = Deficit carryover from the previous year for biomass-based diesel, in gallons.

(3) Advanced biofuel.

RVOAB,i = Σ(VOLk * EVk)i + DAB,i-1

Where:

RVOAB,i = The Renewable Volume Obligation for advanced biofuel for the exporter for calendar year i, in gallons.

k = A discrete volume of exported renewable fuel.

VOLk = The standardized volume of discrete volume k of exported renewable fuel that is biodiesel or renewable diesel, or that the exporter knows or has reason to know is cellulosic biofuel or advanced biofuel, in gallons, calculated in accordance with §80.1426(f)(8).

EVk = The equivalence value associated with discrete volume k.

Σ = Sum involving all volumes of advanced biofuel exported.

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

(4) Renewable fuel.

RVORF,i = Σ(VOLk * EVk)i + DRF,i-1

Where:

RVORF,i = The Renewable Volume Obligation for renewable fuel for the exporter for calendar year i, in gallons.

k = A discrete volume of exported renewable fuel.

VOLk = The standardized volume of discrete volume k of any exported renewable fuel, in gallons, calculated in accordance with §80.1426(f)(8).

EVk = The equivalence value associated with discrete volume k.

Σ = Sum involving all volumes of renewable fuel exported.

DRF,i-1 = Deficit carryover from the previous year for renewable fuel, in gallons.

(c) If the exporter knows or has reason to know that a volume of exported renewable fuel is cellulosic diesel, he 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 §80.1415 based on its composition, then the appropriate equivalence value shall be used in the calculation of the exporter'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 with gasoline or diesel at the time of export, the exporter 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 D 6866 (incorporated by reference, see §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 demonstrate compliance with its RVOs pursuant to §80.1427.

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26042, May 10, 2010]



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