Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 80  /  Sec. 80.1407 How are the Renewable Volume Obligations calculated?

(a) The Renewable Volume Obligations for an obligated party are determined according to the following formulas:

(1) Cellulosic biofuel. RVOCB,i = (RFStdCB,i * (GVi + DVi)) + DCB,i-1 Where: RVOCB,i = The Renewable Volume Obligation for cellulosic

biofuel for an obligated party for calendar year i, in

gallons.RFStdCB,i = The standard for cellulosic biofuel for calendar

year i, determined by EPA pursuant to Sec. 80.1405, in

percent. GVi = The non-renewable gasoline volume, determined in

accordance with paragraphs (b), (c), and (f) of this section,

which is produced in or imported into the 48 contiguous states

or Hawaii by an obligated party in calendar year i, in

gallons.DVi = The non-renewable diesel volume, determined in

accordance with paragraphs (d), (e), and (f) of this section,

produced in or imported into the 48 contiguous states or

Hawaii by an obligated party in calendar year i, in gallons.DCB,i-1 = Deficit carryover from the previous year for

cellulosic biofuel, in gallons.

(2) Biomass-based diesel. RVOBBD,i = (RFStdBBD,i * (GVi + DVi)) + DBBD,i-1 Where: RVOBBD,i = The Renewable Volume Obligation for biomass-based

diesel for an obligated party for calendar year i, in gallons.RFStdBBD,i = The standard for biomass-based diesel for

calendar year i, determined by EPA pursuant to Sec. 80.1405,

in percent.GVi = The non-renewable gasoline volume, determined in

accordance with paragraphs (b), (c), and (f) of this section,

which is produced in or imported into the 48 contiguous states

or Hawaii by an obligated party in calendar year i, in

gallons.DVi = The non-renewable diesel volume, determined in

accordance with paragraphs (d), (e), and (f) of this section,

produced in or imported into the 48 contiguous states or

Hawaii by an obligated party in calendar year i, in gallons.DBBD,i-1 = Deficit carryover from the previous year for

biomass-based diesel, in gallons.

(3) Advanced biofuel. RVOAB,i = (RFStdAB,i * (GVi + DVi)) + DAB,i-1 Where: RVOAB,i = The Renewable Volume Obligation for advanced

biofuel for an obligated party for calendar year i, in

gallons.RFStdAB,i = The standard for advanced biofuel for calendar

year i, determined by EPA pursuant to Sec. 80.1405, in

percent.GVi = The non-renewable gasoline volume, determined in

accordance with paragraphs (b), (c), and (f) of this section,

which is produced in or imported into the 48 contiguous states

or Hawaii by an obligated party in calendar year i, in

gallons.DVi = The non-renewable diesel volume, determined in

accordance with paragraphs (d), (e), and (f) of this section,

produced in or imported into the 48 contiguous states or

Hawaii by an obligated party in calendar year i, in gallons.DAB,i-1 = Deficit carryover from the previous year for

advanced biofuel, in gallons.

(4) Renewable fuel. RVORF,i = (RFStdRF,i * (GVi + DVi)) + DRF,i-1 Where: RVORF,i = The Renewable Volume Obligation for renewable fuel

for an obligated party for calendar year i, in gallons.RFStdRF,i = The standard for renewable fuel for calendar year

i, determined by EPA pursuant to Sec. 80.1405, in percent.GVi = The non-renewable gasoline volume, determined in

accordance with paragraphs (b), (c), and (f) of this section,

which is produced in or imported into the 48 contiguous states

or Hawaii by an obligated party in calendar year i, in

gallons.DVi = The non-renewable diesel volume, determined in

accordance with paragraphs (d), (e), and (f) of this section,

produced in or imported into the 48 contiguous states or

Hawaii by an obligated party in calendar year i, in gallons.DRF,i-1 = Deficit carryover from the previous year for

renewable fuel, in gallons.

(b) The non-renewable gasoline volume, GVi, for an obligated party for a given year as specified in paragraph (a) of this section is calculated as follows:[GRAPHIC] [TIFF OMITTED] TR26MR10.430 Where: x = Individual batch of gasoline produced or imported in calendar year

i.n = Total number of batches of gasoline produced or imported in calendar

year i.GX = Volume of batch x of gasoline produced or imported, as

defined in paragraph (c) of this section, in gallons.y = Individual batch of renewable fuel blended into gasoline in calendar

year i. m = Total number of batches of renewable fuel blended into gasoline in

calendar year i.RBGy = Volume of batch y of renewable fuel blended into

gasoline, in gallons.

(c) Except as specified in paragraph (f) of this section, all of the following products that are produced or imported during a compliance period, collectively called ``gasoline'' for the purposes of this section (unless otherwise specified), are to be included (but not double-counted) in the volume used to calculate a party's Renewable Volume Obligations under paragraph (a) of this section, except as provided in paragraph (f) of this section:

(1) Reformulated gasoline, whether or not renewable fuel is later added to it.

(2) Conventional gasoline, whether or not renewable fuel is later added to it.

(3) Reformulated gasoline blendstock that becomes finished reformulated gasoline upon the addition of oxygenate (RBOB).

(4) Conventional gasoline blendstock that becomes finished conventional gasoline upon the addition of oxygenate (CBOB).

(5) Blendstock (including butane, pentane, and gasoline treated as blendstock (GTAB)) that has been combined with other blendstock and/or finished gasoline to produce gasoline.

(6) Any gasoline, or any unfinished gasoline that becomes finished gasoline upon the addition of oxygenate, that is produced or imported to comply with a state or local fuels program.

(d) The diesel non-renewable volume, DVi, for an obligated party for a given year as specified in paragraph (a) of this section is calculated as follows:[GRAPHIC] [TIFF OMITTED] TR26MR10.431 Where: x = Individual batch of diesel produced or imported in calendar year i.n = Total number of batches of diesel produced or imported in calendar

year i.DX = Volume of batch x of diesel produced or imported, as

defined in paragraph (e) of this section, in gallons.y = Individual batch of renewable fuel blended into diesel in calendar

year i.m = Total number of batches of renewable fuel blended into diesel in

calendar year i.RBDy = Volume of batch y of renewable fuel blended into

diesel, in gallons.

(e) Except as specified in paragraph (f) of this section, all products meeting the definition of MVNRLM diesel fuel at Sec. 80.2(qqq) that are produced or imported during a compliance period, collectively called ``diesel fuel'' for the purposes of this section (unless otherwise specified), are to be included (but not double-counted) in the volume used to calculate a party's Renewable Volume Obligations under paragraph (a) of this section.

(f) The following products are not included in the volume of gasoline or diesel fuel produced or imported used to calculate a party's Renewable Volume Obligations according to paragraph (a) of this section:

(1) Any renewable fuel as defined in Sec. 80.1401.

(2) Blendstock that has not been combined with other blendstock, finished gasoline, or diesel to produce gasoline or diesel.

(3) Gasoline or diesel fuel produced or imported for use in Alaska, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas, unless the area has opted into the RFS program under Sec. 80.1443.

(4) Gasoline or diesel fuel produced by a small refinery that has an exemption under Sec. 80.1441 or an approved small refiner that has an exemption under Sec. 80.1442.

(5) Gasoline or diesel fuel exported for use outside the 48 United States and Hawaii, and gasoline or diesel fuel exported for use outside Alaska, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas, if the area has opted into the RFS program under Sec. 80.1443.

(6) For blenders, the volume of finished gasoline, finished diesel fuel, RBOB, or CBOB to which a blender adds blendstocks.

(7) The gasoline or diesel fuel portion of transmix produced by a transmix processor, or the transmix blended into gasoline or diesel fuel by a transmix blender, under Sec. 80.84.

(8) Any gasoline or diesel fuel that is not transportation fuel. [75 FR 14863, Mar. 26, 2010, as amended at 79 FR 23655, Apr. 28, 2014] Sec. Sec. 80.1408-80.1414 [Reserved]