We would describe ourselves as an ethanol marketer, but we import gasoline into one of the 48 contiguous United States. Does this make us an obligated party and, as an obligated party, are we able to separate RINs?

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If a party is an importer of gasoline into the 48 contiguous United States, then that party is an obligated party. Section 80.1129(b)(6) allows an obligated party to separate RINs they generated from volumes of renewable fuel, if the number of gallon-RINs separated is less than or equal to the annual RVO. This section applies to assigned RINs generated by the obligated party through the production or importation of renewable fuel. Section 80.1129(b)(6) does not cover marketers who buy renewable fuel with assigned RINs since these RINs were not generated by the obligated party. Therefore, an obligated party who also markets renewable fuel, must separate assigned RINs, not generated by the obligated party, from any renewable fuel acquired as stated in Section 80.1129(b)(1). The obligated party may use the separated RINs or transfer them.

However, if an obligated party is a marketer and is also an importer (or producer) of renewable fuel, per section 80.1129(b)(6), they may separate RINs which they generate when importing or producing the renewable fuel, only up to the associated RVO.

Question and Answer was originally posted at: Questions and Answers on the Renewable Fuel Standard Program (PDF) (55 pp, 221 K, EPA420-F-07-041a, August 2007, About PDF)