# 40 C.F.R. § 80.1403 (2026): Which fuels are not subject to the 20% GHG thresholds? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1403 ## Section - **Citation:** 40 C.F.R. § 80.1403 (2026) - **Heading:** Which fuels are not subject to the 20% GHG thresholds? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Title 40 CFR: Protection of Environment / Chapter I / Part 80 / Subpart M / § 80.1403: § 80.1403 Which fuels are not subject to the 20% GHG thresholds? ## Text (a) For purposes of this section, the following definitions apply: (1) Commence construction, as applied to facilities that produce renewable fuel, means that: (i) The owner or operator has all necessary preconstruction approvals or permits (as defined at 40 CFR 52.21(b)(10)), and has satisfied either of the following: (A) Begun, or caused to begin, a continuous program of actual construction on-site (as defined in 40 CFR 52.21(b)(11)). (B) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the facility. (ii) For multi-phased projects, the commencement of construction of one phase does not constitute commencement of construction of any later phase, unless each phase is mutually dependent for physical and chemical reasons only. (2) [Reserved] (b) The lifecycle greenhouse gas emissions from renewable fuels must be at least 20 percent less than baseline lifecycle greenhouse gas emissions, with the exception of the baseline volumes of renewable fuel produced from facilities described in paragraphs (c) and (d) of this section. (c) The baseline volume of renewable fuel that is produced from facilities and any expansions, all of which commenced construction on or before December 19, 2007, shall not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions if the owner or operator: (1) Did not discontinue construction for a period of 18 months after commencement of construction; and (2) Completed construction by December 19, 2010 ll of which commenced construction on or before December 19, 2007, shall not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions if the owner or operator: (1) Did not discontinue construction for a period of 18 months after commencement of construction; and (2) Completed construction by December 19, 2010. (d) The baseline volume of ethanol that is produced from facilities and any expansions all of which commenced construction after December 19, 2007 and on or before December 31, 2009, shall not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions if such facilities are fired with natural gas, biomass, or a combination thereof at all times the facility operated between December 19, 2007 and December 31, 2009 and if: (1) The owner or operator did not discontinue construction for a period of 18 months after commencement of construction; (2) The owner or operator completed construction within 36 months of commencement of construction; and (3) The baseline volume continues to be produced through processes fired with natural gas, biomass, or any combination thereof. (e) The annual volume of renewable fuel during a calendar year from facilities described in paragraphs (c) and (d) of this section that exceeds the baseline volume shall be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions. (f) If there are any changes in the mix of renewable fuels produced by those facilities described in paragraph (d) of this section, only the ethanol volume (to the extent it is less than or equal to baseline volume) will not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions le greenhouse gas emissions. (f) If there are any changes in the mix of renewable fuels produced by those facilities described in paragraph (d) of this section, only the ethanol volume (to the extent it is less than or equal to baseline volume) will not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions. Any party that changes the fuel mix must update their registration as specified in § 80.1450(d). [75 FR 14863, Mar. 26, 2010, as amended at 75 FR 26036, May 10, 2010; 75 FR 37733, June 30, 2010; 75 FR 79976, Dec. 21, 2010] ## Nearby sections - [40 C.F.R. § 80.1400 (2026) § 80.1400 Applicability.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1400.md) - [40 C.F.R. § 80.1401 (2026) § 80.1401 Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1401.md) - [40 C.F.R. § 80.1402 (2026) § 80.1402 Availability of information; confidentiality of information.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1402.md) - [40 C.F.R. § 80.1403 (2026) § 80.1403 Which fuels are not subject to the 20% GHG thresholds?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1403.md) - [40 C.F.R. § 80.1405 (2026) § 80.1405 What are the Renewable Fuel Standards?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1405.md) - [40 C.F.R. § 80.1406 (2026) § 80.1406 Obligated party responsibilities.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1406.md) - [40 C.F.R. § 80.1407 (2026) § 80.1407 How are the Renewable Volume Obligations calculated?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1407.md) - [40 C.F.R. § 80.1408 (2026) § 80.1408 What are the requirements for parties that own and redesignate certified NTDF as MVNRLM diesel fuel?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1408.md) - [40 C.F.R. § 80.1415 (2026) § 80.1415 How are equivalence values assigned to renewable fuel?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1415.md) - [40 C.F.R. § 80.1416 (2026) § 80.1416 Petition process for evaluation of new renewable fuels pathways.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1416.md) - [40 C.F.R. § 80.1425 (2026) § 80.1425 Renewable Identification Numbers (RINs).](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1425.md) - [40 C.F.R. § 80.1426 (2026) § 80.1426 How are RINs generated and assigned to batches of renewable fuel?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1426.md) - [40 C.F.R. § 80.1427 (2026) § 80.1427 How are RINs used to demonstrate compliance?](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1427.md) - [40 C.F.R. § 80.1428 (2026) § 80.1428 General requirements for RIN distribution.](https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1428.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T40_P80_S80_1403. 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