Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 80  /  Sec. 80.1160 What acts are prohibited under the RFS program?

(a) Renewable fuel producer or importer violation. Except as provided in Sec. 80.1154, no person shall produce or import a renewable fuel without generating a batch-RIN as required under Sec. 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 Sec. 80.1131.

(3) Transfer to any person a RIN that is not properly identified as required under Sec. 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 Sec. 80.1127.

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

(3) Use a validly generated RIN to meet the party's renewable fuel volume obligation under Sec. 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 Sec. 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]