Regulation of Fuels and Fuel Additives: Renewable Fuel Standard ...

(2) The refiner or importer who used the invalid RINs, and any transferor of the
invalid RINs, must adjust their records, reports, and compliance calculations as
necessary to reflect the deletion of invalid RINs.
(3) Any valid RINs remaining after deleting invalid RINs, and after an obligated
party applies valid RINs as needed to meet the RVO at the end of the compliance
year, must first be applied to correct the invalid transfers before the transferor
trades or banks the RINs.
(4) In the event that the same RIN is transferred to two or more parties, the RIN will
be deemed to be invalid, and any party to any transfer of the invalid RIN will be
deemed liable for any violations arising from the transfer or use of the invalid
RIN.
(5) A RIN will not be deemed invalid where it can be determined that the RIN was
properly created and transferred.
§§ 80.1132-80.1140 [Reserved]
§ 80.1141 Small refinery exemption.
(a) (1) Pursuant to §80.1107(d), gasoline produced by a refiner at a small refinery
is qualified for an exemption from the renewable fuels standards of §80.1105 if
that refinery meets the definition of a small refinery under §80.1101(i) for
calendar year 2004.
(2) This exemption shall apply through December 31, 2010, unless a refiner chooses
to opt-in to the program requirements of this subpart (per paragraph (g) of this
section) prior to this date.
(b) (1) To apply for an exemption under this section, a refiner must submit an
application to EPA containing the following information:
(i) The annual average aggregate daily crude oil throughput for the period January 1,
2004, through December 31, 2004 (as determined by dividing the aggregate
throughput for the calendar year by the number 365);
(ii) A letter signed by the president, chief operating or chief executive officer of the
company, or his/her designee, stating that the information contained in the
application is true to the best of his/her knowledge, and that the company owned
the refinery as of January 1, 2006; and
(iii) Name, address, phone number, facsimile number, and E-mail address of a
corporate contact person.
(2) Applications must be submitted by September 1, 2007.
(c) Within 60 days of EPA’s receipt of a refiner’s application for a small refinery
exemption, EPA will notify the refiner if the exemption is not approved or of any
deficiencies in the application. In the absence of such notification from EPA, the
effective date of the small refinery exemption is 60 days from EPA’s receipt of
the refiner’s submission.
(d) If EPA finds that a refiner provided false or inaccurate information on its
application for a small refinery exemption, the exemption will be void ab initio
upon notice from EPA.
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