(a) The Renewable Volume Obligation for an obligated party is determined according to the following formula:
RVOi = (RFStdi * GVi) + Di−1
Where:
RVOi = The Renewable Volume Obligation for an obligated party for calendar year i, in gallons of renewable fuel.
RFStdi = The renewable fuel standard for calendar year i, determined by EPA pursuant to §80.1105, in percent.
GVi = The non-renewable gasoline volume, determined in accordance with paragraphs (b), (c), and (d) of this section, which is produced or imported by the obligated party in calendar year i, in gallons.
Di−1 = Renewable fuel deficit carryover from the previous year, per §80.1127(b), in gallons.
(b) The non-renewable gasoline volume for a refiner, blender, or importer for a given year, GVi, specified in paragraph (a) of this section is calculated as follows:
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, 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.
RBy = Volume of batch y of renewable fuel blended into gasoline, in gallons.
(c) All of the following products that are produced or imported during a compliance period, collectively called “gasoline” for 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 obligation under paragraph (a) of this section, except as provided in paragraph (d) 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 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 following products are not included in the volume of gasoline produced or imported used to calculate a party's renewable volume obligation under paragraph (a) of this section:
(1) Any renewable fuel as defined in §80.1101(d).
(2) Blendstock that has not been combined with other blendstock or finished gasoline to produce gasoline.
(3) Gasoline produced or imported for use in Alaska, Hawaii, 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 §80.1143.
(4) Gasoline produced by a small refinery that has an exemption under §80.1141 or an approved small refiner that has an exemption under §80.1142 until January 1, 2011 (or later, for small refineries, if their exemption is extended pursuant to §80.1141(e)).
(5) Gasoline exported for use outside the 48 United States, and gasoline exported for use outside Alaska, Hawaii, 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 §80.1143.
(6) For blenders, the volume of finished gasoline, RBOB, or CBOB to which a blender adds blendstocks.
(7) The gasoline portion of transmix produced by a transmix processor, or the transmix blended into gasoline by a transmix blender, under 40 CFR 80.84.
[72 FR 23993, May 1, 2007, as amended at 73 FR 57255, Oct. 2, 2008]
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