This case involves the use by Shell Chemical LP-Mobile, ( Shell Chemical ) of 168,135 invalid Renewable Identification Numbers (RINs) to meet its renewable volume obligation (RVO) under the Renewable Fuel Standards (RFS), promulgated under the Clean Air Act (CAA).
The (RFS) program requires producers or importers of renewable fuel to generate fuel credits, known as RINs, in proportion to the amount and type of renewable fuel they produced or imported. The RFS Program also requires that non-renewable fuel refiners and importers, known as obligated parties, and renewable fuel exporters obtain valid RINs and retire those RINs each year by submitting them to the EPA. Congress adopted the RFS Program to reduce the nation's dependence on foreign oil, help grow the nation's renewable energy industry and achieve significant greenhouse gas emissions reductions. The EPA is charged with developing the RFS program and enforcing its requirements.
In March of 2012, and January of 2013, EPA published Interim Enforcement Response Policies to resolve violations arising fron1 the use of invalid 2010. 2011 and 2012 biomass-based diesel RINs (IERPs). The EPA calculated Shell Chemical's penalty in accordance with the IERPs. Because Shell Chemical's penalty is de miinimis, Shell Chemical was not required to pay a penalty to resolve the violations. However, Shell Chemical did remove the invalid RINs from its applicable RFS annual compliance reports and resubmitted the reports to EPA.
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