---
kind: "section"
citation: "40 C.F.R. § 80.1406"
title: "40"
number: "80.1406"
heading: "Obligated party responsibilities."
url: "https://uscodex.org/cfr/40/80.1406"
---

# §80.1406. Obligated party responsibilities.

- (a) [Reserved]
- (b) For each compliance period starting with 2010, an obligated party is required to demonstrate, pursuant to [§ 80.1427](/cfr/40/80.1427.md), that it has satisfied the Renewable Volume Obligations for that compliance period, as specified in [§ 80.1407(a)](/cfr/40/80.1407.md?p=a).
- (c) **Aggregation of facilities—**
  - (1) Except as provided in paragraphs [(c)(2)](#c-2), (d) and (e) of this section, an obligated party may comply with the requirements of [paragraph (b)](#b) of this section in the aggregate for all of the refineries that it operates, or for each refinery individually.
  - (2) An obligated party that carries a deficit into year i + 1 must use the same approach to aggregation of facilities in year i + 1 as it did in year i.
- (d) An obligated party must comply with the requirements of [paragraph (b)](#b) of this section for all of its imported gasoline or diesel fuel in the aggregate.
- (e) An obligated party that is both a refiner and importer must comply with the requirements of [paragraph (b)](#b) of this section for its imported gasoline or diesel fuel separately from gasoline or diesel fuel produced by its domestic refinery or refineries.
- (f) Where a refinery or import facility is jointly owned by two or more parties, the requirements of [paragraph (b)](#b) of this section may be met by one of the joint owners for all of the gasoline or diesel fuel produced/imported at the facility, or each party may meet the requirements of [paragraph (b)](#b) of this section for the portion of the gasoline or diesel fuel that it produces or imports, as long as all of the gasoline or diesel fuel produced/imported at the facility is accounted for in determining the Renewable Volume Obligations under [§ 80.1407](/cfr/40/80.1407.md). In either case, all joint owners are subject to the liability provisions of [§ 80.1461(d)](/cfr/40/80.1461.md?p=d).
- (g) **The requirements in paragraph (b) of this section apply to the following compliance periods—** Beginning in 2010, and every year thereafter, the compliance period is January 1 through December 31.

## Notes

### Amendments

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 88 FR 44581, July 12, 2023]

### Source

Source: 75 FR 14863, Mar. 26, 2010, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

### Source

Source: 38 FR 1255, Jan. 10, 1973, unless otherwise noted.

### Amendments

[75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26037, May 10, 2010; 88 FR 44581, July 12, 2023]