40 CFR § 80.1408 - What are the requirements for parties that own and redesignate certified NTDF as MVNRLM diesel fuel?
(a) Beginning January 1, 2021, a party that owns certified NTDF, and only a party that owns certified NTDF, may redesignate NTDF as MVNRLM diesel fuel if they meet all of the following requirements:
(1) Register as a refiner and register each facility where redesignation occurs as a refinery under § 80.76. NTDF may only be redesignated as MVNRLM diesel fuel at a facility registered as a refinery.
(2) At each facility, calculate a balance of MVNRLM diesel fuel during each annual compliance period according to the following equation:
(i) If MVNRLMBAL is greater than 0, an RVO is incurred by the redesignating party for the volume of diesel fuel equal to MVNRLM. The redesignating party must also comply with all of the following:
(A) The reporting requirements of § 80.1451(a)(1)(xix).
(B) The recordkeeping requirements of § 80.1454(o).
(C) The attest engagement requirements of §§ 80.1464 and 80.1475, as applicable.
(ii) If MVNRLMBAL is less than or equal to 0, no RVO is incurred by the redesignating party for any redesignated certified NTDF. These parties must comply with all of the following:
(A) The reporting requirements of § 80.1451(i).
(B) The recordkeeping requirements of § 80.1454(o).
(b) Parties that incur an RVO under paragraph (a)(2)(i) of this section must comply with all applicable requirements for obligated parties under this subpart.
(c) The provisions of this section do not apply to gasoline or diesel fuel that is designated for export.