---
kind: "section"
citation: "40 C.F.R. § 80.1443"
title: "40"
number: "80.1443"
heading: "What are the opt-in provisions for noncontiguous states and territories?"
url: "https://uscodex.org/cfr/40/80.1443"
---

# §80.1443. What are the opt-in provisions for noncontiguous states and territories?

- (a) Alaska or a United States territory may petition EPA to opt-in to the program requirements of this subpart.
- (b) EPA will approve the petition if it meets the provisions of paragraphs [(c)](#c) and [(d)](#d) of this section.
- (c) The petition must be signed by the Governor of the state or his authorized representative (or the equivalent official of the territory).
- (d)
  - (1) A petition submitted under this section must be received by EPA by November 1 for the state or territory to be included in the RFS program in the next calendar year.
  - (2) A petition submitted under this section should be sent to the attention of “RFS Program” to the address in [§ 80.10(a)](/cfr/40/80.10.md?p=a).
- (e) **Upon approval of the petition by EPA—**
  - (1) EPA shall calculate the standards for the following year, including the total gasoline and diesel fuel volume for the state or territory in question.
  - (2) Beginning on January 1 of the next calendar year, all gasoline and diesel fuel refiners and importers in the state or territory for which a petition has been approved shall be obligated parties.
  - (3) Beginning on January 1 of the next calendar year, all renewable fuel producers in the state or territory for which a petition has been approved shall, pursuant to [§ 80.1426(a)(2)](/cfr/40/80.1426.md?p=a-2), be required to generate RINs and comply with other requirements of this subpart M that are applicable to producers of renewable fuel.

## Notes

### Amendments

[75 FR 14863, Mar. 26, 2010, as amended at 85 FR 7077, Feb. 6, 2020; 88 FR 44586, 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 85 FR 7077, Feb. 6, 2020; 88 FR 44586, July 12, 2023]