RFS Revised Reporting and Attestation Deadlines 2013-2016

Happy New Year! Now that the EPA has finalized the RFS annual compliance reporting and attestation deadlines for 2013 – 2016, we thought it would be a good idea to provide you with some helpful information related to annual compliance. Note that the first compliance deadline is March 1, 2016 for all 2013 annual compliance reports. RINs should be retired against the 2013 RVOs in advance of that deadline and reports submitted no later than March 1st. If Weaver uploads your reports, please keep in mind that the required Responsible Corporate Officer authorization letter must be received by the EPA by March 1st. The next attestation deadline is also March 1, 2016, which applies to RIN-generating renewable fuel producers and importers and other parties owning RINs, for compliance years 2013 and 2014. We have prepared a summary table with all of the revised deadlines, which can be found here.

Obligated Parties currently cannot retire RINs against their 2014 RVOs. We expect this functionality to be put into EMTS after the 2013 compliance deadline has passed and EMTS is updated to remove 2012 (expired) RINs. The EPA will then add the ability to retire RINs against 2014 RVOs. Exporters of renewable fuels continue to be able to retire RINs against their ERVOs within 30 days of export, as required.

Lastly, we would like to point out something in the regulations that is just now emerging as a compliance issue because it was previously not relevant. Under 40 CFR §80.1456(c)(3), obligated parties “may not purchase more cellulosic biofuel waiver credits than their current year cellulosic biofuel RVO minus cellulosic biofuel RINs with a D code of 3 that they own.” The EPA has already clarified with Weaver that this limitation applies to D3 RIN vintages that can be retired for compliance with that year’s RVO. However, we have sought further clarification as to how the EPA interprets the word “own” in the regulations, as it is not clear what timeframe or date applies to such ownership. As soon as we hear back from the EPA, we will issue another compliance alert regarding this matter.

Should you have any questions related to these deadlines, or need assistance with your annual compliance reporting or attest requirements, please feel free to contact Wade Watson at 832.320-3262 or [email protected]