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

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

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

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


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