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

We also request comment on our proposed requirement that two distinct types of
reports be submitted for each calendar year, specifically whether these reports could be
simplified or whether a smaller number of reports could provide the same information.
3. Recordkeeping
The proposed recordkeeping requirements for parties who own RINs support the
enforcement of the use of RINs for compliance purposes. Product transfer documents
(PTDs) are central to tracking individual RINs through the fungible distribution system
when those RINs are assigned to batches of renewable fuel. PTDs are customarily
generated and issued in the course of business (i.e., issuing them is a “customary business
practice”) and are familiar to parties who transfer or receive fuel. As with other fuels
programs, PTDs may take many forms, including bills of lading, as long as they travel
with the volume of renewable fuel being transferred. Specifically, we propose that on
each occasion any person transfers ownership of RINs (whether assigned to batches of
renewable fuel or not) that they provide the transferee documents identifying the RIN and
containing identifying information including the name and address of the transferor and
transferee, the EPA-issued company and facility IDs of the transferor and transferee, and
the unique RINs that are being transferred. Typically, parties who own RINs connected
with batches of fuel would handle PTDs; however, parties who own RINs separate from
batches may not. A party who owns RINs in connection with fuel and who received a
PTD would be responsible for meeting requirements related to PTDs.
Parties who own RINs but who are not obligated parties, exporters of renewable
fuel, or renewable fuel producers or importers would have to keep copies of PTDs
associated with RIN transfers and of all compliance reports submitted to EPA for a period
of not less than five (5) years. They would also have to keep information related to the
sale, purchase, brokering and trading of RINs. Upon request, owners of RINs would be
responsible for providing records to the Administrator or the Administrator’s authorized
representative in a usable format.
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