On Feb. 2, EPA issued an NOV to Jeffrey Gunselman, CEO of Absolute Fuels, LLC for violating Section 211(o) of the Clean Air Act for generating fraudulent RFS2 RINs. EPA has determined that all 2010 - 2011 RINs generated by Absolute Fuels (~48 million RINs) are invalid.
EPA will be in communication with Obligated Parties who used these RINs for 2010 compliance to discuss whether the OP wants to receive an NOV or not - either way the RINs will have to be replaced and parties may be subject to penalties. Some parties may want an official NOV to be able to give it to their RIN supplier, while others may not.
See EPA's website here: http://www.epa.gov/compliance/civil/caa/fuel-novs.html
Sandra Dunphy - Director, Energy Compliance sandra.dunphy@weaverllp.com; 832-320-3218