The Commodity Futures Trading Commission and the Environmental Protection Agency have entered into a Memorandum of Understanding that allows the agencies to share Renewable Fuel Standard (RFS) data and analysis, including proprietary business information.

Sharing this information, the agreement says, will allow the CFTC to review and analyze data as it advises the EPA on potential investigations into  fraud and market  abuses related  to  the  generation  of,  and  trading  in, Renewable Identification Numbers (RINS), biofuel credits issued to renewable fuels subject to the EPA’s regulation or oversight. The CFTC will also use the information to assist the EPA with its statutory functions under Clean Air Act and offer techniques for minimizing fraud. Reviewing information on the RIN and renewable fuels markets provided by EPA will also increase the CFTC’s understanding of the operation of, and participants in, those markets, the MOU says.

The two agencies agreed to take steps to avoid duplicative information requests to the extent possible; coordinate, as practical,  oversight,   investigative,   and   enforcement activities of mutual interest; and periodically to review the MOU’s effectiveness, with a view to expanding or altering its scope or operation as needed and appropriate. Both agencies agreed to keep any shared non­public information confidential.

The MOU  became  effective  as  of  the  date  of  its  signing,  March 17, and  may  be  revised, modified, or terminated upon the written agreement of the two agencies. Also, either the CFTC or EPA may terminate the MOU by providing 30 day written notice to the other party. In the event of such termination, the withdrawing

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