Navigating the Renewable Fuel Standard (RFS) program can be challenging—even for the most experienced regulated parties. During a recent Remedial Action, a RINSTAR technician observed that many participants in the Renewable Fuel Standard (RFS) Program lack clarity on the appropriate procedures when Renewable Identification Number (RIN) errors are identified. That conversation inspired this article. The good news? The EPA has a clearly defined process for addressing and correcting RFS violations, known as Remedial Actions. These steps are designed to resolve issues and halt a further cascade of compliance errors. In this article, we’ll break down the most common types of RFS errors, what actions are required, and how to stay on track when issues arise.
What Are Remedial Actions?
Under the RFS regulations (40 CFR Part 80, Subpart M, and Part 1400), “remedial actions” refer to the specific tasks required to correct violations related to RIN transactions, generation, or reporting. These are not one-size-fits-all solutions—each situation has its own recommended path. While some corrective actions can be taken without prior approval, others require EPA review and authorization. Regardless of the situation, one rule always applies: parties must maintain complete documentation and promptly notify the EPA.
Common Situations and EPA Guidance
Below are six of the most common situations identified by the EPA that require remedial action.
- Transfer of Assigned RINs to Incorrect Party
If RINs are mistakenly transferred to the wrong party, the receiving party should return equivalent RINs to the original sender using the EPA Moderated Transaction System (EMTS) and a corrected Product Transfer Document (PTD). The PTD must clarify that no renewable fuel was transferred and state the reason for the correction. Both parties must retain records and inform the EPA.
- Transfer of RINs Without Fuel Transfer
RINs transferred without an associated fuel volume violate RFS rules. The transaction should be reversed with an equivalent RIN transfer back to the original owner, replicating the details of the initial trade. Proper documentation and EPA notification are essential.
- Missed Separation Reporting
If the separation of RINs isn’t reported on time, the party may separate up to 2.5 RINs per gallon of renewable fuel at the next valid event, provided that the new separation is submitted to EMTS within five business days. EPA notification and detailed documentation are required.
- Under-Generation of RINs
When fewer RINs are generated than appropriate for a fuel batch, the party may generate the correct amount under a special batch number prefixed with “UND-”. The EPA must be notified, and full documentation must be maintained.
- Over-Generation of RINs
Over-generating RINs is a serious issue. In this case, do not take any corrective action without EPA guidance. Contact the EPA immediately for instructions.
- Missed RIN Generation
If a batch of renewable fuel was produced but RINs were never generated, the party must contact the EPA before proceeding. No action should be taken without instruction from the agency.
| EPA Situation Number |
Brief Description of Error |
EPA Notification |
| Situation 1 |
Assigned RINs transferred to incorrect party |
Notify EPA after corrective action taken |
| Situation 2 |
Assigned RINs transferred without fuel transfer |
Notify EPA after corrective action taken |
| Situation 3 |
Missed RIN separation reporting in EMTS |
Notify EPA after corrective action taken |
| Situation 4 |
Under-generation of RINs (discovered late) |
Notify EPA after corrective action taken |
| Situation 5 |
Over-generation of RINs |
Contact EPA before taking corrective action |
| Situation 6 |
Missed generation of a RIN batch |
Contact EPA before taking corrective action |
| Other Errors |
e.g., Duplicate EMTS submission |
Consult EPA guidance or contact EPA/advisor |
Mistakes in RFS compliance can happen—but what matters most is how they’re handled. The EPA’s Remedial Action framework offers a clear and fair path to resolution, and staying informed is the first step toward compliance. At RINSTAR, we help clients navigate these situations with ease, including preparing and submitting remedial action requests, tracking their status, and completing any required tasks. If you’re facing a RIN issue, don’t hesitate to reach out for guidance.
For more detailed information, refer to the EPA’s official guidance on remedial actions.
This article is accurate as of the date of publication. RINSTAR is not a law firm or consulting agency, and the information provided herein is for general informational purposes only. Nothing in this article should be construed or relied upon as legal advice.