Not a Lexis+ subscriber? Try it out for free.


Keller and Heckman – Fuels Advisory: EPA Proposes Replacing RIN Confusion with Audit Nightmare

By Jean-Cyril (JC) Walker and Adrienne M. Timmel

In response to concerns and Congressional pressure over widespread fraud in the renewable fuels market, the U.S. Environmental Protection Agency ("EPA") is proposing to establish an innocent purchaser defense, for those companies that purchase Renewable Identification Numbers ("RINs") audited by an EPA-registered, third-party auditor. At the heart of the program is a complicated and invasive auditing scheme, whereby an independent third-party would verify the validity of RINs generated by a renewable fuel producer through quarterly in-plant audits and records review and monitoring

In short, EPA's proposal hinges on the disclosure of information previously held confidential by renewable fuel producers, raising serious concerns for producers that seek to protect such information from other market players. In addition, EPA's proposal fails to address the flaw in its Renewable Fuels Standard ("RFS") Program, which initially led to the RIN fraud, namely the Agency's failure to adequately oversee its own program.

Read and download the complete Fuels Advisory here.

The web site is intended to provide information of general interest and is not intended to offer legal advice about specific situations or problems. Keller and Heckman LLP does not intend to create an attorney-client relationship by offering this information, and anyone's review of the information shall not be deemed to create such a relationship. You should consult a lawyer if you have a legal matter requiring attention. For further information, please contact a Keller and Heckman lawyer. However, unless you are a client, your e-mail is not privileged or confidential. Even if you are a client, remember that e-mail is not secure. Sensitive or confidential messages should be encrypted.

For more information about LexisNexis products and solutions connect with us through our corporate site.