Is there any volume cap when using previously-retired 2008 or 2009 biodiesel RINs to satisfy an obligated party?s 2010 Biomass Based Diesel RVO? Can 2008 or 2009 biodiesel RINs that were previously-retired in 2009 also be used to satisfy Advanced Biofuel

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2008 and 2009 biodiesel and renewable diesel RINs (that is, RFS1 RINs with a D code of 2 and RR code of 15 or 17) used for compliance purposes in 2009 can also be used to reduce the 2010 RVO for biomass-based diesel per §80.1427(a)(7)(i), but not the advanced biofuel or total renewable fuel RVOs.

The rollover caps in §80.1427(a)(7)(iii) apply when satisfying the RVO after it has been reduced by the number of biodiesel and renewable diesel RINs used for compliance in 2009, per §80.1427(a)(7)(i). This means that the rollover caps do not apply to biodiesel RINs used for compliance in 2009 but rather only those excess biodiesel RINs not used for compliance in 2008 or 2009.