corn oil;            that co-process
                                                         Distillers sorghum   renewable biomass
                                                         oil; Commingled      and petroleum.
                                                         distillers corn
                                                         oil and sorghum
                                                         oil.

                                                  * * * * * * *
H................................  Biodiesel,           Soy bean oil; Oil    One of the                        5
                                    renewable diesel,    from annual          following:
                                    jet fuel and         covercrops; Oil      Transesterificatio
                                    heating oil.         from algae grown     n with or without
                                                         photosynthetically   esterification pre-
                                                         ; Biogenic waste     treatment,
                                                         oils/fats/greases;   Esterification, or
                                                         Camelina sativa      Hydrotreating;
                                                         oil; Distillers      includes only
                                                         corn oil;            processes that co-
                                                         Distillers sorghum   process renewable
                                                         oil; Commingled      biomass and
                                                         distillers corn      petroleum.
                                                         oil and sorghum
                                                         oil.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *
    (vi)(A) If a producer produces a single type of renewable fuel
using two or more different feedstocks or biointermediates which are
processed simultaneously, and each batch is comprised of a single type
of fuel, then the number of gallon-RINs that shall be generated for a
batch of renewable fuel and assigned a particular D code shall be
determined according to the formulas in Table 4 to this section.
[GRAPHIC] [TIFF OMITTED] TR01JY22.000

Where:

VRIN,CB = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
cellulosic biofuel with a D code of 3.
VRIN,BBD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
biomass-based diesel with a D code of 4.
VRIN,AB = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
advanced biofuel with a D code of 5.
VRIN,RF = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
renewable fuel with a D code of 6.
VRIN,CD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
cellulosic diesel with a D code of 7.
EV = Equivalence value for the renewable fuel per Sec.  80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons, calculated in accordance with paragraph
(f)(8) of this section.
FE3 = Feedstock energy from all feedstocks or
biointermediates whose pathways have been assigned a D code of 3
under an approved pathway, in Btu.
FE4 = Feedstock energy from all feedstocks or
biointermediates whose pathways have been assigned a D code of 4
under an approved pathway, in Btu.
FE5 = Feedstock energy from all feedstocks or
biointermediates whose pathways have been assigned a D code of 5
under an approved pathway, in Btu.
FE6 = Feedstock energy from all feedstocks or
biointermediates whose pathways have been assigned a D code of 6
under an approved pathway, in Btu.
FE7 = Feedstock energy from all feedstocks or
biointermediates whose pathways have been assigned a D code of 7
under an approved pathway, in Btu.

    (B) Feedstock energy values, FE, shall be calculated according to
the following formula:

FE = M * (1-m) * CF * E

Where:

FE = Feedstock or biointermediate energy, in Btu.
M = Mass of feedstock or biointermediate, in pounds, measured on a
daily or per-batch basis.
m = Average moisture content of the feedstock or biointermediate, in
mass percent.
CF = Converted Fraction in annual average mass percent, except as
otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing that
portion of the feedstock or biointermediate that is converted into
renewable fuel by the producer.
E = Energy content of the components of the feedstock or
biointermediate that are converted to renewable fuel, in annual
average Btu/lb, determined according to paragraph (f)(7) of this
section.

    (4) Renewable fuel that is produced by co-processing renewable
biomass (including a biointermediate) and non-renewable feedstocks
simultaneously to produce a fuel that is partially renewable. (i) * * *
    (A) * * *
    (1) * * *

FER = Feedstock energy from renewable biomass (including
the renewable portion of a biointermediate) used to make the
transportation fuel, in Btu.
FENR = Feedstock energy from non-renewable feedstocks
(including the non-renewable portion of a biointermediate) used to
make the transportation fuel, heating oil, or jet fuel, in Btu.
* * * * *

    (iv) RIN-generating parties must calculate RIN volume
VRIN for co-processed fuels produced from a biointermediate
as described in paragraph (f)(4)(i)(B) of this section and calculate
the renewable fraction of a fuel R using one of the following:
    (A) Method B of ASTM D6866 (incorporated by reference, see Sec.
80.1468) as described in paragraph (f)(9)(ii) of this section.
    (B) If the renewable content of the co-processed fuel is 10 percent
or greater, Method C of ASTM D6866 as described in paragraph (f)(9)(ii)
of this section.
    (C) Any other EPA-approved method under paragraph (f)(9)(ii) of
this section.
    (5) Renewable fuel produced from separated yard waste, separated
food waste, and separated MSW. (i)(A) Separated yard waste is deemed to
be composed entirely of cellulosic materials.
    (B) Separated food waste is deemed to be composed entirely of non-
cellulosic materials, unless a party demonstrates that a portion of the
feedstock is cellulosic through approval of their facility
registration.
    (ii)(A) A feedstock qualifies as separated yard waste or separated
food waste only if it is collected according to a plan submitted to and
accepted by EPA under the registration procedures specified in Sec.
80.1450(b)(1)(vii).
    (B) A feedstock qualifies as separated MSW only if it is collected
according to a plan submitted to and approved by EPA.
    (iii) Separation and recycling actions for separated MSW are
considered to occur if:
    (A) Recyclable paper, cardboard, plastics, rubber, textiles,
metals, and glass that can be recycled are separated and removed from
the municipal solid waste stream to the extent reasonably practicable
according to a plan submitted to and approved by U.S. EPA under the
registration procedures specified in Sec.  80.1450(b)(1)(viii); and
    (B) The fuel producer has evidence of all contracts relating to the
disposition of paper, cardboard, plastics, rubber, textiles, metals,
and glass that are recycled.
    (iv)(A) The number of gallon-RINs that shall be generated for a
batch of renewable fuel derived from separated yard waste shall be
equal to a volume VRIN and is calculated according to the
following formula:

VRIN = EV * VS

Where:

VRIN = RIN volume, in gallons, for use in determining the
number of cellulosic biofuel gallon-RINs that shall be generated for
the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.
80.1415.
Vs = Standardized volume of the batch of renewable fuel at 60
[deg]F, in gallons, calculated in accordance with paragraph (f)(8)
of this section.

    (B) The number of gallon-RINs that shall be generated for a batch
of renewable fuel derived from separated food waste shall be equal to a
volume VRIN and is calculated according to the following
formula:

VRIN = EV * VS

Where:

VRIN = RIN volume, in gallons, for use in determining the
number of cellulosic or advanced biofuel gallon-RINs that shall be
generated for the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.
80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons, calculated in accordance with paragraph
(f)(8) of this section.

    (v) The number of cellulosic biofuel gallon-RINs that shall be
generated for the cellulosic portion of a batch of renewable fuel
derived from separated MSW shall be determined according to the
following formula:

VRIN = EV * VS * R

Where:

VRIN = RIN volume, in gallons, for use in determining the
number of cellulosic biofuel gallon-RINs that shall be generated for
the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.
80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons, calculated in accordance with paragraph
(f)(8) of this section.
R = The calculated non-fossil fraction of the fuel as measured by a
carbon-14 dating test method as provided in paragraph (f)(9) of this
section, except that for biogas-derived fuels made from separated
MSW, no testing is required and R = 1.
* * * * *
    (7) * * *
    (v) * * *
    (A) ASTM E870 or ASTM E711 for gross calorific value (both
incorporated by reference, see Sec.  80.1468).
    (B) ASTM D4442 or ASTM D4444 for moisture content (both
incorporated by reference, see Sec.  80.1468).
* * * * *
    (8) * * *
    (ii) * * *
    (B) The standardized volume of biodiesel at 60 [deg]F, in gallons,
as calculated from the use of the American Petroleum Institute Refined
Products Table 6B, as referenced in ASTM D1250 (incorporated by
reference, see Sec.  80.1468).
* * * * *
    (9) * * *
    (ii) Parties must use Method B or Method C of ASTM D6866
(incorporated by reference, see Sec.  80.1468), or an alternative test
method as approved by EPA.
* * * * *
    (15) * * *
    (i) If a producer seeking to generate D code 3 or D code 7 RINs
produces a single type of renewable fuel using two or more feedstocks
or biointermediates converted simultaneously, and at least one of the
feedstocks or biointermediates does not have a minimum 75% average
adjusted cellulosic content, one of the following additional
requirements apply:
* * * * *
    (16) * * *
    (iii) Recordkeeping requirements under Sec.  80.1454(n).
    (17) Qualifying use demonstration for certain renewable fuels. (i)
For purposes of this section, any renewable fuel other than ethanol,
biodiesel, renewable gasoline, or renewable diesel that meets the Grade
No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.1468) is considered renewable fuel and the
producer or importer may generate RINs for such fuel only if all of the
following apply:
* * * * *
    (B) * * *
    (1) Blending the renewable fuel into gasoline or distillate fuel to
produce a transportation fuel, heating oil, or jet fuel that meets all
applicable standards under this part and 40 CFR part 1090.
    (2) Entering into a written contract for the sale of the renewable
fuel, which specifies the purchasing party must blend the fuel into
gasoline or distillate fuel to produce a transportation fuel, heating
oil, or jet fuel that meets all applicable standards under this part
and 40 CFR part 1090.
* * * * *

0
11. Amend Sec.  80.1428 by revising paragraph (b)(2) to read as
follows:

Sec.  80.1428  General requirements for RIN distribution.

* * * * *
    (b) * * *
    (2) Unless otherwise specified, any person that has registered
pursuant to Sec.  80.1450 can own a separated RIN.
* * * * *

0
12. Amend Sec.  80.1429 by revising paragraph (b)(9) introductory text
to read as follows:

Sec.  80.1429   Requirements for separating RINs from volumes of
renewable fuel.

* * * * *

    (b) * * *
    (9) Except as provided in paragraphs (b)(2) through (5) and (8) of
this section, parties whose non-export renewable volume obligations are
solely related to the importation of products listed in Sec.
80.1407(c) or (e), the addition of blendstocks into a volume of
finished gasoline, finished diesel fuel, or BOB, or that incur a
renewable volume obligation (RVO) under Sec.  80.1408, can only
separate RINs from volumes of renewable fuel if the number of gallon-
RINs separated in a calendar year is less than or equal to a limit set
as follows:
* * * * *

0
13. Amend Sec.  80.1430 by revising paragraph (e)(2) to read as
follows:

Sec.  80.1430  Requirements for exporters of renewable fuels.

* * * * *
    (e) * * *
    (2) Determination of the renewable portion of the blend using
Method B or Method C of ASTM D6866 (incorporated by reference, see
Sec.  80.1468), or an alternative test method as approved by the EPA.
* * * * *

0
14. Amend Sec.  80.1431 by adding paragraph (a)(3) to read as follows:

Sec.  80.1431  Treatment of invalid RINs.

    (a) * * *
    (3) If any RIN generated for a batch of renewable fuel produced
using a biointermediate is invalid, then all RINs generated for that
batch of renewable fuel are deemed invalid, unless EPA in its sole
discretion determines that some portion of those RINs are valid.
* * * * *

Sec.  80.1435  [Amended]

0
15. Amend Sec.  80.1435(a)(4) by removing ``Sec.  80.1454(u)'' and
adding ``Sec.  80.1454(p)'' in its place.

0
16. Amend Sec.  80.1449 by revising paragraph (a)(4)(iii) to read as
follows:

Sec.  80.1449  What are the Production Outlook Report requirements?

    (a) * * *
    (4) * * *
    (iii) Feedstocks, biointermediates, and production processes to be
used at each production facility.
* * * * *

0
17. Amend Sec.  80.1450 by:
0
a. Revising paragraphs (b) introductory text, (b)(1) introductory text,
(b)(1)(i), and (b)(1)(ii) introductory text;
0
b. Adding paragraph (b)(1)(ii)(B);
0
c. Revising paragraphs (b)(1)(iii), (b)(1)(iv)(A)(1) and (2),
(b)(1)(iv)(B)(3), (b)(1)(v)(B) and (C), (b)(1)(vii)(A) introductory
text, (b)(1)(vii)(B) introductory text, (b)(1)(viii) introductory text,
(b)(1)(viii)(B)(1) through (3), (b)(1)(xii) introductory text,
(b)(1)(xii)(B), (b)(1)(xii)(C) introductory text, (b)(1)(xiii)(A),
(b)(1)(xiii)(B) introductory text, (b)(1)(xiii)(B)(1) and (5), and
(b)(1)(xv) introductory text;
0
d. Adding paragraph (b)(1)(xvi);
0
e. Revising paragraphs (b)(2)(i)(A) and (B), (b)(2)(ii)(A) through (C),
(b)(2)(iv), and (d);
0
f. Adding a heading to paragraph (g); and
0
g. Revising the second sentence of paragraph (g) introductory text,
paragraphs (g)(5) through (7) and (9) and (g)(10)(ii), the second
sentence of paragraph (g)(11)(ii), (h)(1)(i), and the last sentence of
paragraph (h)(2)(i).
    The revisions and additions read as follows:

Sec.  80.1450  What are the registration requirements under the RFS
program?

* * * * *
    (b) Producers. Any RIN-generating foreign producer, any non-RIN-
generating foreign producer, any domestic renewable fuel producer that
generates RINs, or any biointermediate producer that transfers any
biointermediate for the production of a renewable fuel for RIN
generation, must provide EPA the information specified under 40 CFR
1090.805 if such information has not already been provided under the
provisions of this part, and must receive EPA-issued company and
facility identification numbers prior to the generation of any RINs for
their fuel or for fuel made with their ethanol, or prior to the
transfer of any biointermediate to be used in the production of a
renewable fuel for which RINs may be generated. Unless otherwise
specifically indicated, all the following registration information must
be submitted to EPA at least 60 days prior to the intended generation
of RINs or the intended transfer of any biointermediate to be used in
the production of a renewable fuel for which RINs may be generated.
Renewable fuel producers may generate RINs for a renewable fuel under
this part after EPA has accepted their registration and they have met
all other applicable requirements under this part.
    (1) A description of the types of renewable fuels, ethanol, or
biointermediates that the producer intends to produce at the facility
and that the facility is capable of producing without significant
modifications to the existing facility. For each type of renewable
fuel, ethanol, or biointermediate the renewable fuel producer or
foreign ethanol producer must also provide all the following:
    (i)(A) A list of all the feedstocks and biointermediates the
facility intends to utilize without significant modification to the
existing facility.
    (B) A description of the type(s) of renewable biomass that will be
used as feedstock material to produce the biointermediate, if
applicable.
    (C) A list of the EPA-issued company and facility registration
numbers of all biointermediate producers and biointermediate production
facilities that will supply biointermediates for renewable fuel
production.
    (ii) A description of the facility's renewable fuel, ethanol, or
biointermediate production processes, including:
* * * * *
    (B) For registrations indicating the production of any
biointermediate, the biointermediate producer must provide all of the
following:
    (1) For each biointermediate production facility, the company name,
EPA company registration number, and EPA facility registration number
of the renewable fuel producer and renewable fuel production facility
at which the biointermediate produced from the biointermediate
production facility will be transferred and used.
    (2) Copies of documents and corresponding calculations
demonstrating production capacity of each biointermediate produced at
the biointermediate production facility.
    (3) For each type of feedstock that the biointermediate producer
intends to process the biointermediate producer must provide all the
following:
    (i) A list of all the feedstocks the facility intends to utilize
without significant modification to the existing facility.
    (ii) A description of the type(s) of renewable biomass that will be
used as feedstock material to produce the biointermediate.
    (4) The approved pathway(s) that the biointermediate could be used
in to produce renewable fuel.
    (iii) The type(s) of co-products produced with each type of
renewable fuel, ethanol, or biointermediate.
    (iv) * * *
    (A) * * *
    (1) Each type of process heat fuel used at the facility to produce
the renewable fuel, ethanol, or biointermediate.
    (2) The name and address of the company supplying each process heat
fuel to the renewable fuel facility, foreign ethanol facility, or
biointermediate production facility.
    (B) * * *

    (3) An affidavit from the biogas supplier stating its intent to
supply biogas to the renewable fuel producer, foreign ethanol producer,
or biointermediate producer, and the quantity and energy content of the
biogas that it intends to provide to the renewable fuel producer or
foreign ethanol producer.
    (v) * * *
    (B) For facilities claiming the exemption described in Sec.
80.1403(c) or (d):
    (1) Applicable air permits issued by EPA, state, local air
pollution control agencies, or foreign governmental agencies that
govern the construction and/or operation of the renewable fuel facility
that were:
    (i) Issued or revised no later than December 19, 2007, for
facilities described in Sec.  80.1403(c); or
    (ii) Issued or revised no later than December 31, 2009, for
facilities described in Sec.  80.1403(d).
    (2) If the air permits specified in paragraph (b)(1)(v)(B)(1) of
this section do not specify the maximum rated annual volume output of
renewable fuel, copies of documents demonstrating the facility's actual
peak capacity.
    (C) For facilities not claiming the exemption described in Sec.
80.1403(c) or (d) and that are exempt from air permit requirements or
for which the maximum rated annual volume output of renewable fuel is
not specified in their air permits, appropriate documentation
demonstrating the facility's actual peak capacity or nameplate
capacity.
* * * * *
    (vii)(A) For a renewable fuel producer, foreign ethanol producer,
or biointermediate producer using separated yard waste:
* * * * *
    (B) For a renewable fuel producer, foreign ethanol producer, or
biointermediate producer using separated food waste:
* * * * *
    (viii) For a renewable fuel producer, foreign ethanol producer, or
biointermediate producer using separated municipal solid waste:
* * * * *
    (B) * * *
    (1) Extent and nature of recycling that occurred prior to receipt
of the waste material by the renewable fuel producer, foreign ethanol
producer, or biointermediate producer;
    (2) Identification of available recycling technology and practices
that are appropriate for removing recycling materials from the waste
stream by the fuel producer, foreign ethanol producer, or
biointermediate producer; and
    (3) Identification of the technology or practices selected for
implementation by the fuel producer, foreign ethanol producer, or
biointermediate producer including an explanation for such selection,
and reasons why other technologies or practices were not.
* * * * *
    (xii) For a producer or importer of any renewable fuel other than
ethanol, biodiesel, renewable gasoline, renewable diesel that meets the
Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.1468), biogas, or renewable electricity, all
the following:
* * * * *
    (B) A statement regarding whether the renewable fuel producer or
importer will blend the renewable fuel into gasoline or diesel fuel or
enter into a written contract for the sale and use of a specific
quantity of the renewable fuel with a party who blends the fuel into
gasoline or distillate fuel to produce a transportation fuel, heating
oil, or jet fuel that meets all applicable standards under this part
and 40 CFR part 1090.
    (C) If the renewable fuel producer or importer enters into a
written contract for the sale and use of a specific quantity of the
renewable fuel with a party who blends the fuel into gasoline or
distillate fuel to produce a transportation fuel, heating oil, or jet
fuel, provide all the following:
* * * * *
    (xiii)(A) A renewable fuel producer seeking to generate D code 3 or
D code 7 RINs, a foreign ethanol producer seeking to have its product
sold as cellulosic biofuel after it is denatured, or a biointermediate
producer seeking to have its biointermediate made into cellulosic
biofuel, who intends to produce a single type of fuel using two or more
feedstocks converted simultaneously, where at least one of the
feedstocks does not have a minimum 75% average adjusted cellulosic
content, and who uses only a thermochemical process to convert
feedstock into renewable fuel, must provide all the following:
    (1) Data showing the average adjusted cellulosic content of the
feedstock(s) to be used to produce fuel or biointermediate, based on
the average of at least three representative samples. Cellulosic
content data must come from an analytical method certified by a
voluntary consensus standards body or using a method that would produce
reasonably accurate results as demonstrated through peer reviewed
references provided to the third party engineer performing the
engineering review at registration. Samples must be of representative
feedstock from the primary feedstock supplier that will provide the
renewable fuel or biointermediate producer with feedstock subsequent to
registration.
    (2) For renewable fuel and biointermediate producers who want to
use a new feedstock(s) after initial registration, updates to their
registration under paragraph (d) of this section indicating the average
adjusted cellulosic content of the new feedstock.
    (3) For renewable fuel producers already registered as of August
18, 2014, to produce a single type of fuel that qualifies for D code 3
or D code 7 RINs (or would do so after denaturing) using two or more
feedstocks converted simultaneously using only a thermochemical
process, the information specified in this paragraph (b)(1)(xiii)(A)
shall be provided at the next required registration update under
paragraph (d) of this section.
    (B) A renewable fuel producer seeking to generate D code 3 or D
code 7 RINs, a foreign ethanol producer seeking to have its product
sold as cellulosic biofuel after it is denatured, or a biointermediate
producer seeking to have its biointermediate made into cellulosic
biofuel, who intends to produce a single type of fuel using two or more
feedstocks converted simultaneously, where at least one of the
feedstocks does not have a minimum 75% adjusted cellulosic content, and
who uses a process other than a thermochemical process or a combination
of processes to convert feedstock into renewable fuel or
biointermediate, must provide all the following:
    (1) The expected overall fuel or biointermediate yield, calculated
as the total volume of fuel produced per batch (e.g., cellulosic
biofuel plus all other fuel) divided by the total feedstock mass per
batch on a dry weight basis (e.g., cellulosic feedstock plus all other
feedstocks).
* * * * *
    (5) For renewable fuel producers already registered as of August
18, 2014, to produce a single type of fuel that qualifies for D code 3
or D code 7 RINs (or would do so after denaturing) using two or more
feedstocks converted simultaneously using a combination of processes or
a process other than a thermochemical process, the information
specified in this paragraph (b)(1)(xiii)(B) shall be provided at the
next required registration update under paragraph (d) of this section.
* * * * *
    (xv) For a producer of cellulosic biofuel made from crop residue, a

foreign ethanol producer making ethanol from crop residue and seeking
to have it sold after denaturing as cellulosic biofuel, or a
biointermediate producer producing a biointermediate for use in the
production of a cellulosic biofuel made from crop residue, provide all
the following information:
* * * * *
    (xvi) For FFA feedstock, the biointermediate producer must provide
a description of how the biointermediate producer will determine FFA
concentration.
    (2) * * *
    (i) * * *
    (A) For a domestic renewable fuel production facility, a foreign
ethanol production facility, or a biointermediate production facility,
a professional engineer who is licensed by an appropriate state agency
in the United States, with professional work experience in the chemical
engineering field or related to renewable fuel production.
    (B) For a foreign renewable fuel or foreign biointermediate
production facility, an engineer who is a foreign equivalent to a
professional engineer licensed in the United States with professional
work experience in the chemical engineering field or related to
renewable fuel production.
    (ii) * * *
    (A) The third-party shall not be operated by the renewable fuel
producer, foreign ethanol producer, or biointermediate producer, or any
subsidiary or employee of the renewable fuel producer foreign ethanol
producer, or biointermediate producer.
    (B) The third-party shall be free from any interest in the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer's business.
    (C) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer shall be free from any interest in the third-
party's business.
* * * * *
    (iv) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer must retain records of the review and
verification, as required in Sec.  80.1454(b)(6) or (i)(4), as
applicable.
* * * * *
    (d) Registration updates. (1)(i)(A) Any renewable fuel producer or
any foreign ethanol producer that makes changes to their facility that
will allow them to produce renewable fuel or use a biointermediate that
is not reflected in the producer's registration information on file
with EPA must update their registration information and submit a copy
of an updated independent third-party engineering review on file with
EPA at least 60 days prior to producing the new type of renewable fuel.
    (B) Any biointermediate producer who makes changes to their
biointermediate production facility that will allow them to produce a
biointermediate for use in the production of a renewable fuel that is
not reflected in the biointermediate producer's registration
information on file with EPA must update their registration information
and submit a copy of an updated independent third-party engineering
review on file with EPA at least 60 days prior to producing the new
biointermediate for use in the production of the renewable fuel.
    (ii) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer may also submit an addendum to the independent
third-party engineering review on file with EPA provided the addendum
meets all the requirements in paragraph (b)(2) of this section and
verifies for EPA the most up-to-date information at the producer's
existing facility.
    (2)(i) Any renewable fuel producer or any foreign ethanol producer
that makes any other changes to a facility that will affect the
producer's registration information but will not affect the renewable
fuel category for which the producer is registered per paragraph (b) of
this section must update their registration information 7 days prior to
the change.
    (ii)(A) Any biointermediate producer that makes any other changes
to a biointermediate production facility that will affect the
biointermediate producer's registration must update their registration
information 7 days prior to the change.
    (B)(1) Any biointermediate producer that intends to change the
designated renewable fuel production facility under paragraph
(b)(1)(ii)(B)(1) of this section for one of its biointermediate
production facilities must update their registration information with
EPA at least 30 days prior to transferring the biointermediate to the
newly designated renewable fuel production facility.
    (2) A biointermediate producer may only change the designated
renewable fuel production facility under paragraph (b)(1)(ii)(B)(1) of
this section for each biointermediate production facility one time per
calendar year unless EPA, in its sole discretion, allows the
biointermediate producer to change the designated renewable fuel
production facility more frequently.
    (3) All renewable fuel producers, foreign ethanol producers, and
biointermediate producers must update registration information and
submit an updated independent third-party engineering review according
to the schedule in paragraph (d)(3)(i) or (ii) of this section, and
include the information specified in paragraph (d)(3)(iii) or (iv) of
this section, as applicable:
    (i) For all renewable fuel producers and foreign ethanol producers
registered in calendar year 2010, the updated registration information
and independent third-party engineering review must be submitted to EPA
by January 31, 2013, and by January 31 of every third calendar year
thereafter; or
    (ii) For all renewable fuel producers, foreign ethanol producers,
and biointermediate producers registered in any calendar year after
2010, the updated registration information and independent third-party
engineering review must be submitted to EPA by January 31 of every
third calendar year after the first year of registration.
    (iii) For all renewable fuel producers, in addition to conducting
the engineering review and written report and verification required by
paragraph (b)(2) of this section, the updated independent third-party
engineering review must include a detailed review of the renewable fuel
producer's calculations used to determine VRIN of a
representative sample of batches of each type of renewable fuel
produced since the last registration. The representative sample must be
selected in accordance with the sample size guidelines set forth at 40
CFR 1090.1805.
    (iv) For biointermediate producers, in addition to conducting the
engineering review and written report and verification required by
paragraph (b)(2) of this section, the updated independent third-party
engineering review must include a detailed review of the
biointermediate producer's calculations used to determine the renewable
biomass and cellulosic renewable biomass proportions, as required to be
reported to EPA under Sec.  80.1451(j), of a representative sample of
batches of each type of biointermediate produced since the last
registration. The representative sample must be selected in accordance
with the sample size guidelines set forth at 40 CFR 1090.1805.
* * * * *
    (g) Independent third-party auditors. * * * Registration
information must be submitted at least 30 days prior to conducting
audits of renewable fuel production or biointermediate production
facilities. * * *
* * * * *

    (5) List of audited producers. Name, address, and company and
facility identification numbers of all renewable fuel production or
biointermediate production facilities that the independent third-party
auditor intends to audit under Sec.  80.1472.
    (6) Audited producer associations. An affidavit, or electronic
consent, from each renewable fuel producer, foreign renewable fuel
producer, or biointermediate producer stating its intent to have the
independent third-party auditor conduct a quality assurance audit of
any of the renewable fuel producer's or foreign renewable fuel
producer's facilities.
    (7) Independence affidavits. An affidavit stating that an
independent third-party auditor and its contractors and subcontractors
are independent, as described in Sec.  80.1471(b), of any renewable
fuel producer, foreign renewable fuel producer, or biointermediate
producer.
* * * * *
    (9) Registration updates. (i) Any independent third-party auditor
who makes changes to its quality assurance plan(s) that will allow it
to audit new renewable fuel production or biointermediate production
facilities that is not reflected in the independent third-party
auditor's registration information on file with EPA must update its
registration information and submit a copy of an updated QAP on file
with EPA at least 60 days prior to auditing new renewable fuel
production or biointermediate production facilities.
    (ii) Any independent third-party auditor who makes any changes
other than those specified in paragraphs (g)(9)(i), (iii), and (iv) of
this section that will affect the third-party auditor's registration
information must update its registration information 7 days prior to
the change.
    (iii) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated or biointermediate
produced by a renewable fuel or biointermediate production facility,
respectively, for a pathway not covered in the independent third-party
auditor's QAPs.
    (iv) Independent third-party auditors must update their QAPs at
least 60 days prior to verifying RINs generated or biointermediate
produced by any renewable fuel or biointermediate production facility
not identified in the independent third-party auditor's existing
registration.
    (10) * * *
    (ii) The independent third-party auditor submits an affidavit
affirming that he or she has only verified RINs and biointermediates
using a QAP approved under Sec.  80.1469, notified all appropriate
parties of all potentially invalid RINs as described in Sec.
80.1471(d), and fulfilled all of his or her RIN replacement obligations
under Sec.  80.1474.
* * * * *
    (11) * * *
    (ii) * * * Communications should be sent to the EMTS support line
([email protected]). * * *
* * * * *
    (h) * * *
    (1) * * *
    (i) Unless the party is a biointermediate producer, the party has
reported no activity in EMTS for twenty-four consecutive months.
* * * * *
    (2) * * *
    (i) * * * The party will have 30 calendar days from the date of the
notification to correct the deficiencies identified or explain why
there is no need for corrective action.
* * * * *

0
18. Amend Sec.  80.1451 by:
0
a. Revising paragraphs (b)(1)(ii)(K) and (L), the first sentence of
paragraph (b)(1)(ii)(R), (b)(1)(ii)(T), (b)(1)(ii)(U) introductory
text, (g)(1)(i), (g)(1)(ii) introductory text, (g)(1)(ii)(A) through
(C), (K), and (L), and (g)(2)(vii) and (viii);
0
b. Redesignating paragraph (g)(2)(x) as paragraph (g)(2)(xi) and adding
a new paragraph (g)(2)(x); and
0
c. Redesignating paragraphs (j) and (k) as paragraphs (k) and (l) and
adding a new paragraph (j).
    The revisions and additions read as follows:

Sec.  80.1451  What are the reporting requirements under the RFS
program?

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (K) The types and quantities of feedstocks and biointermediates
used.
    (L) The process(es), feedstock(s), and biointermediate(s) used and
proportion of renewable volume attributable to each process, feedstock,
and biointermediate.
* * * * *
    (R) Producers or importers of renewable fuel made from separated
municipal solid waste must report the amount of paper, cardboard,
plastics, rubber, textiles, metals, and glass separated from municipal
solid waste for recycling. * * *
* * * * *
    (T) Producers or importers of any renewable fuel other than
ethanol, biodiesel, renewable gasoline, renewable diesel that meets the
Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.1468), biogas or renewable electricity, must
report, on a quarterly basis, all the following for each volume of
fuel:
    (1) Total volume of renewable fuel produced or imported, total
volume of renewable fuel blended into gasoline and distillate fuel by
the producer or importer, and the percentage of renewable fuel in each
batch of finished fuel.
    (2) If the producer or importer generates RINs under Sec.
80.1426(f)(17)(i)(B)(2), report the name, location, and contract
information for each party that purchased the renewable fuel.
    (U) Producers generating D code 3 or D code 7 RINs for fuel derived
from feedstocks or biointermediates other than biogas (including
through pathways listed in rows K, L, M, and N of Table 1 to Sec.
80.1426), and that was produced from two or more feedstocks converted
simultaneously, at least one of which has less than 75% average
adjusted cellulosic content, and using a combination of processes or a
process other than a thermochemical process or a combination of
processes shall report all of the following:
* * * * *
    (g) * * *
    (1)(i) RIN and biointermediate verification reports for each
renewable fuel or biointermediate production facility audited by the
independent third-party auditor shall be submitted according to the
schedule specified in paragraph (f)(2) of this section.
    (ii) The RIN and biointermediate verification reports shall include
all the following information for each batch of renewable fuel produced
or imported verified per Sec.  80.1469(c), where ``batch'' means a
discrete quantity of renewable fuel produced or imported and assigned a
unique batch-RIN per Sec.  80.1426(d):
    (A) The RIN generator or biointermediate producer's name.
    (B) The RIN generator or biointermediate producer's EPA company
registration number.
    (C) The renewable fuel or biointermediate producer's EPA facility
registration number.
* * * * *
    (K) The volume and type of each feedstock and biointermediate used
to produce the verified batch.
    (L) Whether the feedstocks and biointermediates used to produce
each verified batch met the definition of renewable biomass.
* * * * *

    (2) * * *
    (vii) A list of all renewable fuel and biointermediate facilities
including the EPA's company and facility registration numbers audited
under an approved quality assurance plan under Sec.  80.1469 along with
the date the independent third-party auditor conducted the on-site
visit and audit.
    (viii) Mass and energy balances calculated for each renewable fuel
and biointermediate production facility audited under an approved
quality assurance plan under Sec.  80.1469.
* * * * *
    (x) A list of all biointermediates that were identified as
potentially improperly produced biointermediates under Sec.
80.1477(d).
* * * * *
    (j) Biointermediate producers. For each biointermediate production
facility, any biointermediate producer must submit quarterly reports
for biointermediate batch production to EPA containing all of the
information in this paragraph (j).
    (1) Include all the following information for each batch of
biointermediate produced:
    (i) The biointermediate producer's name.
    (ii) The biointermediate producer's EPA company registration
number.
    (iii) The biointermediate producer's EPA facility registration
number.
    (iv) The applicable compliance period.
    (v) The production date.
    (vi) The batch number.
    (vii) For batches of biointermediates intended for use to produce
cellulosic biofuels, the adjusted cellulosic content of each batch and
certification that the cellulosic content of each batch was derived
from cellulose, hemicellulose, or lignin that was derived from
renewable biomass.
    (viii) The volume of each batch produced.
    (ix) The types and quantities of feedstocks used.
    (x) The renewable fuel type(s) each batch of biointermediate was
designated to be used as a feedstock material for.
    (xi) The EPA company registration number and EPA facility
registration number for each renewable fuel producer or foreign
renewable fuel producer that received each batch.
    (xii) The percentage of each batch of biointermediate that met the
definition of renewable biomass and certification that this portion of
the batch of biointermediate was derived from renewable biomass.
    (xiii) The process(es) and feedstock(s) used and proportion of
biointermediate volume attributable to each process and feedstock.
    (xiv) The type of co-products produced with each batch.
    (xv) The quantity of co-products produced in each quarter.
    (xvi) Any additional information the Administrator may require.
    (2) Quarterly reports under this paragraph (j) must be submitted
according to the schedule in paragraph (f)(2) of this section.
* * * * *

0
19. Amend Sec.  80.1452 by redesignating paragraph (b)(16) as paragraph
(b)(18) and adding new paragraphs (b)(16) and (17) to read as follows:

Sec.  80.1452   What are the requirements related to the EPA Moderated
Transaction System (EMTS)?

* * * * *
    (b) * * *
    (16) The type and quantity of each biointermediate used for the
batch, if applicable.
    (17) The EPA facility registration number of each biointermediate
production facility at which a biointermediate used for the batch was
produced, if applicable.
* * * * *

0
20. Amend Sec.  80.1453 by adding paragraph (f) to read as follows:

Sec.  80.1453   What are the product transfer document (PTD)
requirements for the RFS program?

* * * * *
    (f)(1) On each occasion when any party transfers title or custody
of a biointermediate, the transferor must provide to the transferee
documents that include all of the following information:
    (i) The name and address of the transferor and transferee.
    (ii) The transferor's and transferee's EPA company registration and
applicable facility registration numbers.
    (iii) The volume of biointermediate that is being transferred.
    (iv) The date of the transfer.
    (v) The location of the biointermediate at the time of the
transfer.
    (vi) The following statement designating the volume of
biointermediate as feedstock for the production of a renewable fuel:
``This volume is designated and intended for use as biointermediate in
the production of renewable fuel as defined in 40 CFR 80.1401. Parties
may not generate RINs on this feedstock material and it must remain
segregated from all products until received by a designated renewable
fuel production facility.''
    (2) In addition to the information specified in paragraph (f)(1) of
this section, on each occasion when any party transfers title of a
biointermediate or when any party transfers a biointermediate to a
renewable fuel production facility, the transferor must provide to the
transferee documents that include all of the following information:
    (i) The renewable fuel type the biointermediate was designated to
be used as a feedstock material for by the biointermediate producer
under Sec.  80.1476(i).
    (ii) The composition of the biointermediate being transferred,
including:
    (A) The type and quantity of each feedstock that was used to make
the biointermediate.
    (B) The percentage of each feedstock that is renewable biomass,
rounded to two decimal places.
    (C) For a biointermediate that contains both renewable and non-
renewable feedstocks:
    (1) The percentage of each feedstock that is not renewable biomass,
rounded to two decimal places.
    (2) The feedstock energy from the renewable biomass used to make
the biointermediate, in Btu.
    (3) The feedstock energy from the non-renewable biomass used to
make the biointermediate, in Btu.
    (4) The total percentage of the biointermediate that may generate
RINs, rounded to two decimal places.
    (5) The total percentage of the biointermediate that may not
generate RINs, rounded to two decimal places.
    (D) For a biointermediate that contains cellulosic material:
    (1) The percentage of each feedstock that is cellulosic, rounded to
two decimal places.
    (2) The percentage of each feedstock that is non-cellulosic,
rounded to two decimal places, if applicable.
    (3) If the biointermediate is intended for use in the production of
a cellulosic biofuel, the total percentage of the biointermediate that
may generate cellulosic RINs, rounded to two decimal places.
    (4) For separated municipal solid waste, the cellulosic portion of
the biointermediate is equivalent to the biogenic portion.
    (5) For separated food waste, the non-cellulosic percentage is
assumed to be zero percent unless it is demonstrated to be partially
cellulosic.
    (6) For separated yard waste, 100% of separated yard waste is
deemed to be cellulosic.
    (7) The following statement: ``I certify that the cellulosic
content of this feedstock was derived from cellulose, hemicellulose, or
lignin that was derived from renewable biomass.''

    (iii) Copies of records specified in Sec.  80.1454(i)(3), (5), and
(6) for the volume being transferred, as applicable.

0
21. Amend Sec.  80.1454 by:
0
a. Redesignating paragraphs (b)(3)(vii) through (xii) as paragraphs
(b)(3)(viii) through (xiii), respectively, and adding a new paragraph
(b)(3)(vii);
0
b. Revising paragraph (b)(6), the first sentence of paragraph (d)(4),
and paragraphs (i) and (j) introductory text;
0
c. Adding a heading to paragraph (k);
0
d. Revising paragraphs (l) introductory text and (l)(1);
0
e. Redesignating paragraph (l)(3) as paragraph (l)(4) and adding a new
paragraph (l)(3);
0
f. Revising the first sentence of paragraph (m) introductory text;
0
g. Redesignating paragraph (m)(10) as paragraph (m)(11) and adding a
new paragraph (m)(10);
0
h. Removing paragraphs (n) through (q);
0
i. Redesignating paragraphs (s) through (v) as paragraphs (n) through
(q);
0
j. Revising newly redesignated paragraph (n) introductory text;
0
k. Revising paragraph (r);
0
l. Adding new paragraphs (s) through (v); and
0
m. Removing paragraph (w).
    The revisions and additions read as follows:

Sec.  80.1454   What are the recordkeeping requirements under the RFS
program?

* * * * *
    (b) * * *
    (3) * * *
    (vii) Type and quantity of biointermediates used.
* * * * *
    (6) Copies of registration documents required under Sec.  80.1450,
including information on fuels and products, feedstocks,
biointermediates, facility production processes, process changes, and
capacity, energy sources, and a copy of the independent third party
engineering review report submitted to EPA per Sec.  80.1450(b)(2).
* * * * *
    (d) * * *
    (4) Domestic producers of renewable fuel or biointermediates made
from any other type of renewable biomass must have documents from their
feedstock supplier certifying that the feedstock qualifies as renewable
biomass, describing the feedstock. * * *
* * * * *
    (i) Requirements for biointermediate producers. In addition to any
other applicable records a biointermediate producer must maintain under
this section, any biointermediate producer producing a biointermediate
must keep all of the following records:
    (1) Product transfer documents consistent with Sec.  80.1453(f) and
associated with the biointermediate producer's activities, if any, as
transferor or transferee of biointermediates.
    (2) Copies of all reports submitted to EPA under Sec.  80.1451(i).
    (3) Records related to the production of biointermediates for each
biointermediate production facility, including all of the following:
    (i) Batch volume.
    (ii) Batch number.
    (iii) Type and quantity of co-products produced.
    (iv) Type and quantity of feedstocks used.
    (v) Type and quantity of fuel used for process heat.
    (vi) Calculations per Sec.  80.1426(f), as applicable.
    (vii) Date of production.
    (viii) Results of any laboratory analysis of batch chemical
composition or physical properties.
    (4) Copies of registration documents required under Sec.  80.1450,
including information on products, feedstocks, facility production
processes, process changes, and capacity, energy sources, and a copy of
the independent third party engineering review submitted to EPA per
Sec.  80.1450(b)(2)(i).
    (5) Records demonstrating that feedstocks are renewable biomass, as
required under paragraphs (d), (g), (h), and (j) of this section, as
applicable.
    (6) For any biointermediate made from Arundo donax or Pennisetum
purpureum per Sec.  80.1426(f)(14), all applicable records described in
paragraph (b)(7) of this section.
    (7) Records, including contracts, related to the implementation of
a QAP under Sec. Sec.  80.1469 and 80.1477.
    (j) Additional requirements for producers that use separated yard
waste, separate food waste, separated municipal solid waste, or
biogenic waste oils/fats/greases. A renewable fuel or biointermediate
producer that produces fuel or biointermediate from separated yard
waste, separated food waste, separated municipal solid waste, or
biogenic waste oils/fats/greases must keep all the following additional
records:
* * * * *
    (k) Additional requirements for producers of renewable fuel using
biogas. * * *
* * * * *
    (l) Additional requirements for producers or importers of any
renewable fuel other than ethanol, biodiesel, renewable gasoline,
renewable diesel, biogas, or renewable electricity. A renewable fuel
producer that generates RINs for any renewable fuel other than ethanol,
biodiesel, renewable gasoline, renewable diesel that meets the Grade
No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.1468), biogas or renewable electricity shall
keep all of the following additional records:
    (1) Documents demonstrating the total volume of renewable fuel
produced, total volume of renewable fuel blended into gasoline and
distillate fuel, and the percentage of renewable fuel in each batch of
finished fuel.
* * * * *
    (3) For each batch of renewable fuel that generated RINs under
Sec.  80.1426(f)(17)(i)(B)(2), one or more affidavits from the party
that blended or used the renewable fuel that includes all the following
information:
    (i) Quantity of renewable fuel received from the producer or
importer.
    (ii) Date the renewable fuel was received from producer.
    (iii) A description of the fuel that the renewable fuel was blended
into and the blend ratios for each batch, if applicable.
    (iv) A description of the finished fuel, and a statement that the
fuel meets all applicable standards and was sold for use as a
transportation fuel, heating oil or jet fuel.
    (v) Quantity of assigned RINs received with the renewable fuel, if
applicable.
    (vi) Quantity of assigned RINs that the end user separated from the
renewable fuel, if applicable.
* * * * *
    (m) Requirements for independent third-party auditors. * * *
    (10) Copies of all reports required under Sec.  80.1464.
* * * * *
    (n) Additional requirements for producers of renewable fuel using
crop residue. Producers of renewable fuel using crop residue must keep
records of all of the following:
* * * * *
    (r) Transaction requirement. Beginning July 1, 2010, all parties
must keep transaction information sent to EMTS in addition to other
records required under this section.
    (1) For buy or sell transactions of separated RINs, parties must
retain records substantiating the price reported to EPA under Sec.
80.1452.
    (2) For buy or sell transactions of separated RINs on or after
January 1, 2020, parties must retain records demonstrating the
transaction mechanism (e.g., spot market or fulfilling a term
contract).

    (s) Record retention requirement. (1) The records required under
paragraphs (a) through (d), (f) through (l), (n), and (r) of this
section and under Sec.  80.1453 must be kept for five years from the
date they were created, except that records related to transactions
involving RINs must be kept for five years from the date of the RIN
transaction.
    (2) The records required under paragraph (e) of this section must
be kept through calendar year 2022.
    (t) Record availability requirement. On request by the EPA, the
records required under this section and under Sec.  80.1453 must be
made available to the Administrator or the Administrator's authorized
representative. For records that are electronically generated or
maintained, the equipment or software necessary to read the records
shall be made available; or, if requested by the EPA, electronic
records shall be converted to paper documents.
    (u) Record transfer requirement. The records required in paragraphs
(b)(3) and (c)(1) of this section must be transferred with any
renewable fuel sent to the importer of that renewable fuel by any non-
RIN-generating foreign producer.
    (v) English language records. Any document requested by the
Administrator under this section must be submitted in English or must
include an English translation.

0
22. Amend Sec.  80.1460 by revising paragraphs (b)(5) and (6) and
adding paragraphs (b)(8) and (k) to read as follows:

Sec.  80.1460   What acts are prohibited under the RFS program?

* * * * *
    (b) * * *
    (5) Introduce into commerce any renewable fuel produced from a
feedstock, biointermediate, or through a process that is not described
in the person's registration information.
    (6) Generate a RIN for fuel for which RINs have previously been
generated unless the RINs were generated under Sec.  80.1426(c)(6).
* * * * *
    (8) Generate a RIN for fuel that was produced from a
biointermediate for which the fuel and biointermediate were not audited
under an EPA-approved quality assurance plan.
* * * * *
    (k) Biointermediate-related violations. No person may do any of the
following:
    (1) Introduce into commerce for use in the production of a
renewable fuel any biointermediate produced from a feedstock or through
a process that is not described in the person's registration
information.
    (2) Produce a renewable fuel at more than one facility unless the
person uses a biointermediate or the renewable biomass is not
substantially altered. Form changes of renewable biomass such as
bleaching through adsorption, rendering fats, chopping, crushing,
grinding, pelletizing, filtering, compacting/compression, centrifuging,
degumming, dewatering/drying, melting, triglycerides resulting from
deodorizing, or the addition of water to produce a slurry do not
constitute substantial alteration.
    (3) Transfer a biointermediate from a biointermediate production
facility to a facility other than the renewable fuel production
facility specified in the biointermediate producer's registration under
Sec.  80.1450(b)(1)(ii)(B)(1).
    (4) Isolate or concentrate non-characteristic components of the
feedstock to yield a biointermediate not identified in a registration
accepted by EPA.
    (5) No person may transfer a biointermediate without complying with
the PTD requirements in Sec.  80.1453(f)

0
23. Amend Sec.  80.1461 by revising paragraphs (a)(1) and (2) and
adding paragraph (e) to read as follows:

Sec.  80.1461   Who is liable for violations under the RFS program?

    (a) * * *
    (1) Any person who violates a prohibition under Sec.  80.1460(a)
through (d) or (g) through (k) is liable for the violation of that
prohibition.
    (2) Any person who causes another person to violate a prohibition
under Sec.  80.1460(a) through (d) or (g) through (k) is liable for a
violation of Sec.  80.1460(e).
* * * * *
    (e) Biointermediate liability. When a biointermediate contained in
any storage tank at any facility owned, leased, operated, controlled,
or supervised by any biointermediate producer, biointermediate
importer, renewable fuel producer, or foreign ethanol producer is found
in violation of a prohibition described in Sec.  80.1460(k)(1) and (3),
the following persons shall be deemed in violation:
    (1) Each biointermediate producer, biointermediate importer,
renewable fuel producer, renewable fuel importer, or foreign ethanol
producer who owns, leases, operates, controls, or supervises the
facility where the violation is found.
    (2) Each biointermediate producer, biointermediate importer,
renewable fuel producer, renewable fuel importer, or foreign ethanol
producer who manufactured, imported, sold, offered for sale, dispensed,
offered for supply, stored, transported, or caused the transportation
of any biointermediate that is in the storage tank containing the
biointermediate found to be in violation.
    (3) Each carrier who dispensed, supplied, stored, or transported
any biointermediate that was in the storage tank containing the
biointermediate found to be in violation, provided that EPA
demonstrates, by reasonably specific showings using direct or
circumstantial evidence, that the carrier caused the violation.

0
24. Amend Sec.  80.1463 by revising paragraph (d) to read as follows:

Sec.  80.1463   What penalties apply under the RFS program?

* * * * *
    (d) Any person liable under Sec.  80.1461(a) for a violation of
Sec.  80.1460(b)(1) through (4) or (6) through (8) is subject to a
separate day of violation for each day that an invalid RIN remains
available for an obligated party or exporter of renewable fuel to
demonstrate compliance with the RFS program.

0
25. Amend Sec.  80.1464 by:
0
a. Removing ``Sec.  80.127'' everywhere it appears and adding ``40 CFR
1090.1805'' in its place;
0
b. Revising paragraph (a)(3)(ii);
0
c. Adding paragraph (a)(7);
0
d . Revising paragraph (b)(1)(v)(A);
0
e. Adding paragraph (b)(1)(v)(C);
0
f. Revising paragraphs (b)(3)(ii) and (b)(4)(i);
0
g. Adding paragraphs (b)(4)(iii) and (b)(8);
0
h. Revising paragraphs (c) introductory text and (c)(2)(ii);
0
i. Adding paragraphs (c)(6) and (7) and (h); and
0
j. Revising the heading of paragraph (i)(1), paragraphs (i)(1)(i) and
(iii), the heading of paragraph (i)(2), and paragraphs (i)(2)(i) and
(ii).
    The revisions and additions read as follows:

Sec.  80.1464   What are the attest engagement requirements under the
RFS program?

* * * * *
    (a) * * *
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the RIN activity reports; compare the
RIN transaction samples reviewed under paragraph (a)(2) of this section
with the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies; compute the total number of
current-year and prior-year RINs owned at the start and end of each
quarter, and for parties that reported RIN activity for RINs assigned
to a

volume of renewable fuel, the volume and type of renewable fuel owned
at the end of each quarter, as represented in these documents; and
state whether this information agrees with the party's reports to EPA.
* * * * *
    (7) Compliance reports. Compare the list of compliance reports
submitted to EPA during the compliance period to the reporting
requirements for the entity in Sec.  80.1451. Report as a finding any
reporting requirements that were not completed.
    (b) * * *
    (1) * * *
    (v)(A) Obtain documentation, as required under Sec.  80.1451(b),
(d), and (e), associated with feedstock and biointermediate purchases
for a representative sample of feedstocks and biointermediates
separately, selected in accordance with the guidelines in 40 CFR
1090.1805, of renewable fuel batches produced or imported during the
year being reviewed.
* * * * *
    (C) Verify that biointermediates were properly identified in the
reports, as applicable.
* * * * *
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the RIN activity reports; compare the
RIN transaction samples reviewed under paragraph (b)(2) of this section
with the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies; report the total number of each
RIN generated during each quarter and compute and report the total
number of current-year and prior-year RINs owned at the start and end
of each quarter, and for parties that reported RIN activity for RINs
assigned to a volume of renewable fuel, the volume of renewable fuel
owned at the end of each quarter, as represented in these documents;
and state whether this information agrees with the party's reports to
EPA.
    (4) * * *
    (i) Obtain documentation of independent third-party engineering
reviews required under Sec.  80.1450(b)(2). Such documentation must
include the date of the last engineering review along with date of the
actual site visit by the professional engineer.
* * * * *
    (iii) Verify that independent third-party engineering reviews
conducted under Sec.  80.1450(d)(3) occurred within the three-year
cycle. Report as a finding if the engineering review was not updated as
part of the three-year cycle under Sec.  80.1450(d)(3).
* * * * *
    (8) Compliance reports. Compare the list of compliance reports
submitted to EPA during the compliance period to the reporting
requirements for the entity in Sec.  80.1451. Report as a finding any
reporting requirements that were not completed.
    (c) Other parties owning RINs. Except as specified in paragraph
(c)(6) of this section, the following attest procedures must be
completed for any party other than an obligated party or renewable fuel
producer or importer that owns any RINs during a calendar year:
* * * * *
    (2) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the RIN activity reports; compare the
RIN transaction samples reviewed under paragraph (c)(1) of this section
with the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies; compute the total number of
current-year and prior-year RINs owned at the start and end of each
quarter, and for parties that reported RIN activity for RINs assigned
to a volume of renewable fuel, the volume of renewable fuel owned at
the end of each quarter, as represented in these documents; and state
whether this information agrees with the party's reports to EPA.
* * * * *
    (6) Low-volume RIN owner exemption. Any party who meets all the
following criteria in a given compliance period is not required to
submit an attest engagement for that compliance period:
    (i) The party must be solely registered as a party owning RINs
(i.e., a ``RIN Owner Only'') and must not also be registered in any
other role under Sec.  80.1450 (e.g., the party must not also be an
obligated party, exporter of renewable fuel, renewable fuel producer,
RIN generating importer, etc.).
    (ii) The party must have transacted (e.g., generated, bought, sold,
separated, or retired) 10,000 or fewer RINs in the given compliance
period.
    (iii) The party has not exceeded the RIN holding threshold(s)
specified in Sec.  80.1435.
    (7) Compliance reports. Compare the list of compliance reports
submitted to EPA during the compliance period to the reporting
requirements for the entity in Sec.  80.1451. Report as a finding any
reporting requirements that were not completed.
* * * * *
    (h) Biointermediate producers. The following attest reports must be
completed for any biointermediate producer that produces a
biointermediate in a compliance year:
    (1) Biointermediate production reports. (i) Obtain and read copies
of the quarterly biointermediate production reports required under
Sec.  80.1451(i); compare the reported information to the requirements
under Sec.  80.1451(i); and report as a finding any missing or
incomplete information in the reports.
    (ii) Obtain any database, spreadsheet, or other documentation used
to generate the information in the biointermediate production reports;
compare the corresponding entries in the database or spreadsheet and
report as a finding any discrepancies.
    (iii) For a representative sample of biointermediate batches,
selected in accordance with the guidelines in 40 CFR 1090.1805, obtain
records required under Sec.  80.1454(i); compare these records to the
corresponding batch entries in the reports procured in paragraph
(h)(1)(i) of this section and report as a finding any discrepancies.
    (iv) Obtain the list of designated renewable fuel production
facilities under Sec.  80.1450(b)(1)(ii)(B)(1); compare the list of
registered designated renewable fuel production facilities to those
identified in the biointermediate production report; and report as a
finding any discrepancies.
    (v) Provide the list of renewable fuel producers receiving any
transfer of biointermediate batches and calculate the total volume from
the batches received.
    (2) Independent third-party engineering review. (i) Obtain
documentation of independent third-party engineering reviews required
under Sec.  80.1450(b)(2).
    (ii) Review and verify the written verification and records
generated as part of the independent third-party engineering review.
    (iii) Provide the date of the submission of the last engineering
review along with the date of the actual site visit by the professional
engineer. Report as a finding if the engineering review was not updated
as part of the three-year cycle under Sec.  80.1450(d)(3).
    (iv) Compare and provide the total volume of produced
biointermediate during the compliance year as compared to the
production capacity stated in the engineering review and report as a
finding if the volume of produced biointermediate is greater than the
stated production capacity.
    (3) Product transfer documents. (i) Obtain contracts, invoices, or
other documentation for each batch in the

representative sample under paragraph (h)(1)(iii) of this section and
the corresponding copies of product transfer documents required under
Sec.  80.1453; compare the product transfer documents with the
contracts and invoices and report as a finding any discrepancies.
    (ii) Verify that the product transfer documents obtained in
paragraph (h)(3)(i) of this section contain the applicable information
required under Sec.  80.1453 and report as a finding any product
transfer document that does not contain the required information.
    (iii) Verify the accuracy of the information contained in the
product transfer documents reviewed pursuant to paragraph (h)(3)(ii) of
this section with the records obtained and reviewed under paragraph
(h)(1)(iii) of this section and report as a finding any exceptions.
    (i) * * *
    (1) Comparing RIN and biointermediate verification reports with
approved QAPs. (i) Obtain and read copies of reports required under
Sec.  80.1451(g)(1). Compare the list of compliance reports submitted
to EPA during the compliance period to the reporting requirements for
the entity in Sec.  80.1451. Report as a finding any reporting
requirements that were not completed.
* * * * *
    (iii) Confirm that the independent third-party auditor only
verified RINs and biointermediates covered by approved QAPs under Sec.
80.1469. Identify as a finding any discrepancies.
    (2) Checking third-party auditor's RIN and biointermediate
verification. (i) Obtain and read copies of reports required under
Sec.  80.1451(g)(2). Compare the list of compliance reports submitted
to EPA during the compliance period to the reporting requirements for
the entity in Sec.  80.1451. Report as a finding any reporting
requirements that were not completed.
    (ii) Obtain all notifications of potentially invalid RINs and
potentially improperly produced biointermediate submitted to the EPA
under Sec. Sec.  80.1474(b)(3) and 80.1477(d)(2) respectively.
* * * * *

0
26. Revise Sec.  80.1468 to read as follows:

Sec.  80.1468   Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at U.S. EPA and at
the National Archives and Records Administration (NARA). Contact U.S.
EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC
20460;<PHONE_NUMBER>. For information on the availability of this
material at NARA, email [email protected], or go to
www.archives.gov/federal-register/cfr/ibr-locations.html. The material
may be obtained from the source(s) in the following paragraph(s) of
this section.
    (b) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959;<PHONE_NUMBER>; www.astm.org.
    (1) ASTM D975-21, Standard Specification for Diesel Fuel, approved
August 1, 2021 (``ASTM D975''); IBR approved for Sec. Sec.  80.1401;
80.1426(f); 80.1450(b); 80.1451(b); 80.1454(l).
    (2) ASTM D1250-19e1, Standard Guide for the Use of the Joint API
and ASTM Adjunct for Temperature and Pressure Volume Correction Factors
for Generalized Crude Oils, Refined Products, and Lubricating Oils: API
MPMS Chapter 11.1, approved May 1, 2019 (``ASTM D1250''); IBR approved
for Sec.  80.1426(f).
    (3) ASTM D4442-20, Standard Test Methods for Direct Moisture
Content Measurement of Wood and Wood-Based Materials, approved March 1,
2020 (``ASTM D4442''); IBR approved for Sec.  80.1426(f).
    (4) ASTM D4444-13 (Reapproved 2018), Standard Test Method for
Laboratory Standardization and Calibration of Hand-Held Moisture
Meters, reapproved July 1, 2018 (``ASTM D4444''); IBR approved for
Sec.  80.1426(f).
    (5) ASTM D6751-20a, Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels, approved August 1, 2020
(``ASTM D6751''); IBR approved for Sec.  80.1401.
    (6) ASTM D6866-22, Standard Test Methods for Determining the
Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, approved March 15, 2022 (``ASTM D6866''); IBR
approved for Sec. Sec.  80.1426(f); 80.1430(e).
    (7) ASTM E711-87 (R2004), Standard Test Method for Gross Calorific
Value of Refuse-Derived Fuel by the Bomb Calorimeter, reapproved 2004
(``ASTM E711''); IBR approved for Sec.  80.1426(f).
    (8) ASTM E870-82 (Reapproved 2019), Standard Test Methods for
Analysis of Wood Fuels, reapproved April 1, 2019 (``ASTM E870''); IBR
approved for Sec.  80.1426(f).

0
27. Amend Sec.  80.1469 by revising the introductory text and
paragraphs (c)(1)(vi) and (vii), (c)(2)(i), (c)(3)(i), (c)(5), and
(f)(1) and (2) to read as follows:

Sec.  80.1469   Requirements for Quality Assurance Plans.

    This section specifies the requirements for Quality Assurance Plans
(QAPs) for renewable fuels and biointermediates.
* * * * *
    (c) * * *
    (1) * * *
    (vi) Feedstock(s) and biointermediate(s) are consistent with
production process and D code being used as permitted under the
approved pathway and is consistent with information recorded in EMTS.
    (vii) Feedstock(s) and biointermediate(s) are not renewable fuel
for which RINs were previously generated unless the RINs were generated
under Sec.  80.1426(c)(6). For renewable fuels that have RINs generated
under Sec.  80.1426(c)(6), verify that renewable fuels used as a
feedstock meet all applicable requirements of this paragraph (c)(1).
* * * * *
    (2) * * *
    (i) Production process is consistent with the renewable fuel
producer or biointermediate producer's registration under Sec.
80.1450(b).
* * * * *
    (3) * * *
    (i) If applicable, renewable fuel was designated for qualifying
uses as transportation fuel, heating oil, or jet fuel in the covered
location pursuant to Sec.  80.1453.
* * * * *
    (5) Representative sampling. Independent third-party auditors may
use a representative sample of batches of renewable fuel or
biointermediate in accordance with the procedures described in 40 CFR
1090.1805 for all components of this paragraph (c) except for
paragraphs (c)(1)(ii) and (iii), (c)(2)(ii), (c)(3)(vi), and (c)(4)(ii)
and (iii) of this section. If a facility produces both a renewable fuel
and a biointermediate, the independent third-party auditor must select
separate representative samples for the renewable fuel and
biointermediate.
* * * * *
    (f) * * *
    (1) A new QAP must be submitted to EPA according to paragraph (e)
of this section and the independent third-party auditor must update
their registration according to Sec.  80.1450(g)(9) whenever any of the
following changes occur at a renewable fuel or biointermediate
production facility audited by an

independent third-party auditor and the auditor does not possess an
appropriate pathway-specific QAP that encompasses the change:
    (i) Change in feedstock or biointermediates.
    (ii) Change in type of fuel or biointermediate produced.
    (iii) Change in facility operations or equipment that may impact
the capability of the QAP to verify that RINs are validly generated or
biointermediates are properly produced.
    (2) A QAP ceases to be valid as the basis for verifying RINs or a
biointermediate under a new pathway until a new pathway-specific QAP,
submitted to the EPA under this paragraph (f), is approved pursuant to
paragraph (e) of this section.

0
28. Amend Sec.  80.1471 by:
0
a. Revising paragraphs (b)(1), (4), (5), and (6) and (c);
0
b. Adding paragraph (e)(5); and
0
c. Revising paragraphs (f)(1) introductory text, (f)(1)(ii), and (g).
    The revisions and addition read as follows:

Sec.  80.1471   Requirements for QAP auditors.

* * * * *
    (b) * * *
    (1) The independent third-party auditor and its contractors and
subcontractors must not be owned or operated by the renewable fuel
producer, foreign renewable fuel producer, or biointermediate producer
or any subsidiary or employee of the renewable fuel producer, foreign
ethanol producer, or biointermediate producer.
* * * * *
    (4) The independent third-party auditor and its contractors and
subcontractors must be free from any interest or the appearance of any
interest in the renewable fuel producer, foreign renewable fuel
producer, or biointermediate producer's business.
    (5) The renewable fuel producer, foreign renewable fuel producer,
or biointermediate producer must be free from any interest or the
appearance of any interest in the third-party auditor's business and
the businesses of third-party auditor's contractors and subcontractors.
    (6) The independent third-party auditor and its contractors and
subcontractors must not have performed an attest engagement under Sec.
80.1464 for the renewable fuel producer, foreign renewable fuel
producer, or biointermediate producer in the same calendar year as a
QAP audit conducted pursuant to Sec.  80.1472.
* * * * *
    (c) Independent third-party auditors must maintain professional
liability insurance. Independent third-party auditors must use
insurance providers that possess a financial strength rating in the top
four categories from Standard & Poor's or Moody's (i.e., AAA, AA, A, or
BBB for Standard & Poor's and Aaa, Aa, A, or Baa for Moody's), or a
comparable rating acceptable to EPA. Independent third-party auditors
must disclose the level of professional liability insurance they
possess when entering into contracts to provide RIN verification
services.
* * * * *
    (e) * * *
    (5) The independent third-party auditor must not identify RINs
generated for renewable fuel produced using a biointermediate as having
been verified under a QAP unless the biointermediate used to produce
the renewable fuel was verified under an approved QAP pursuant to Sec.
80.1477.
    (f)(1) Except as specified in paragraph (f)(2) of this section,
auditors may only verify RINs that have been generated after the audit
required under Sec.  80.1472 has been completed. Auditors may only
verify biointermediates that were produced after the audit required
under Sec.  80.1472 has been completed. Auditors must only verify RINs
generated from renewable fuels produced from biointermediates after the
audit required under Sec.  80.1472 has been completed for both the
biointermediate production facility and the renewable fuel production
facility.
* * * * *
    (ii) Verification of RINs or biointermediates may continue for no
more than 200 days following an on-site visit or 380 days after an on-
site visit if a previously the EPA-approved remote monitoring system is
in place at the renewable fuel production facility.
* * * * *
    (g) The independent third-party auditor must permit any
representative of the EPA to monitor at any time the implementation of
QAPs and renewable fuel and biointermediate production facility audits.
* * * * *

0
29. Amend Sec.  80.1472 by revising paragraphs (a)(4), (b)(3)(i)
introductory text, (b)(3)(ii)(B), and (b)(3)(iii) to read as follows:

Sec.  80.1472   Requirements for quality assurance audits.

    (a) * * *
    (4) Each audit shall include a review of documents generated by the
renewable fuel producer or biointermediate producer.
    (b) * * *
    (3) * * *
    (i) As applicable, the independent third-party auditor shall
conduct an on-site visit at the renewable fuel production facility,
foreign ethanol production facility, or biointermediate production
facility:
* * * * *
    (ii) * * *
    (B) 380 days after the previous on-site visit if a previously
approved (by EPA) remote monitoring system is in place at the renewable
fuel production facility, foreign ethanol production facility, or
biointermediate production facility, as applicable. The 380-day period
shall start the day after the previous on-site visit ends.
    (iii) An on-site visit shall include verification of all QAP
elements that require inspection or evaluation of the physical
attributes of the renewable fuel production facility, foreign ethanol
production facility, or biointermediate production facility, as
applicable.
* * * * *

Sec.  80.1473   [Amended]

0
30. Amend Sec.  80.1473(f) by removing the text ``support.com">[email protected]support.com'' and adding, in its place, the text
``[email protected]''.

Sec.  80.1474   [Amended]

0
31. Amend Sec.  80.1474(b) by removing the text ``support.com">[email protected]support.com'' wherever it appears and adding, in its place, the text
``[email protected]''.

0
32. Amend Sec.  80.1475 by:
0
a. In paragraph (a)(2), removing the text ``Sec. Sec.  80.125 through
80.127 and Sec.  80.130'' and adding, in its place, the text ``40 CFR
1090.1800 through 1090.1850'';
0
b. Revising the first sentence of paragraph (d)(1) and paragraph
(d)(3); and
0
c. In paragraph (d)(4) introductory text, removing the text ``Sec.
80.127'' and adding, in its place, the text ``40 CFR 1090.1805''.
    The revisions read as follows:

Sec.  80.1475   What are the additional attest engagement requirements
for parties that redesignate certified NTDF as MVNRLM diesel fuel?

* * * * *
    (d) * * *
    (1) For each of the volumes listed in paragraphs (c)(1)(iii)
through (vi) of this section, obtain a separate listing of all tenders
from the refiner or importer for the reporting period. * * *
* * * * *
    (3) Agree the volume totals on the listing to the tender volume
total in the

inventory reconciliation analysis obtained in paragraph (c) of this
section.
* * * * *

0
33. Add Sec.  80.1476 to read as follows:

Sec.  80.1476   Requirements for biointermediate producers.

    Biointermediate producers must comply with the following
requirements:
    (a) Registration. No later than 60 days prior to the transfer of
any biointermediate to be used in the production of a renewable fuel
for which RINs may be generated, biointermediate producers must
register with EPA pursuant to the requirements of Sec.  80.1450(b).
    (b) Reporting. Biointermediate producers must comply with the
reporting requirements in Sec.  80.1451(j).
    (c) Recordkeeping. Biointermediate producers must comply with the
recordkeeping requirements in Sec.  80.1454(i).
    (d) PTDs. Biointermediate producers must comply with the PTD
requirements in Sec.  80.1453(f).
    (e) Quality Assurance Plans. Prior to the transfer of any
biointermediate to be used in the production of a renewable fuel for
which RINs may be generated, biointermediate producers must have an
approved quality assurance plan pursuant to Sec.  80.1477(b) and the
independent third-party auditor must have conducted a site visit of the
biointermediate production facility under Sec.  80.1472.
    (f) Attest engagements. Biointermediate producers must comply with
the annual attest engagement requirements in Sec.  80.1464(h).
    (g) Limitations on biointermediate transfers and production. (1) A
biointermediate producer must transfer all biointermediates produced
from a single biointermediate facility to a single renewable fuel
production facility as designated under Sec.  80.1450(b)(1)(ii)(B)(1).
    (2)(i) Except as specified in paragraph (g)(2)(ii) of this section,
a batch of biointermediate must be segregated from other batches of
biointermediate (even if it is the same type of biointermediate), other
feedstocks, foreign ethanol, and renewable fuels from the point that
the batch of biointermediate is produced to the point where the batch
of biointermediate is received at the renewable fuel production
facility designated under Sec.  80.1450(b)(1)(ii)(B)(1).
    (ii)(A) Batches of biointermediate may be commingled between the
biointermediate production facility and the designated renewable fuel
production facility as long as each batch is produced at the same
biointermediate production facility, is the same type of
biointermediate, and no other feedstocks, biointermediates, foreign
ethanol, or renewable fuels are comingled.
    (B) A renewable fuel producer may commingle batches of
biointermediate at an off-site storage tank if all the following
conditions are met:
    (1) Only batches of the same type of biointermediate are commingled
and no other feedstocks, biointermediates, foreign ethanol, or
renewable fuels are comingled in the off-site storage tank.
    (2) The renewable fuel producer owns or is the sole position holder
in the off-site storage tank.
    (3) Renewable fuel producers that receive biointermediate at a
renewable fuel production facility may not be a biointermediate
producer.
    (4) A biointermediate must not be used to make another
biointermediate.
    (5) A foreign biointermediate producer must not transfer
biointermediate to a non-RIN-generating foreign producer.
    (h) Batch numbers and volumes. (1) Each batch of biointermediate
produced at a biointermediate production facility must be assigned a
number (the ``batch number''), consisting of the EPA-assigned company
registration number, the EPA-assigned facility registration number, the
last two digits of the year in which the batch was produced, and a
unique number for the batch, beginning with the number one for the
first batch produced each calendar year and each subsequent batch
during the calendar year being assigned the next sequential number
(e.g., 4321-54321-95-000001, 4321-54321-95-000002, etc.).
    (2) For biointermediates measured on a volume basis, the volume of
each batch of biointermediate must be adjusted to a standard
temperature of 60 [deg]F as specified in Sec.  80.1426(f)(8).
    (i) Designation. Each batch of biointermediate produced at a
biointermediate production facility must be designated for use in the
production of a renewable fuel in accordance with the biointermediate
producer's registration under Sec.  80.1450. The designation for the
batch of biointermediate must be clearly indicated on PTDs for the
biointermediate as described in Sec.  80.1453(f)(1)(vi). The same batch
or a portion of a batch may not be designated as both a biointermediate
and a renewable fuel.

0
34. Add Sec.  80.1477 to read as follows:

Sec.  80.1477   Requirements for QAPs for biointermediate producers.

    (a) Independent third-party auditors that verify biointermediate
production must meet the requirements of Sec.  80.1471(a) through (c)
and (f) through (h), as applicable.
    (b) QAPs approved by EPA to verify biointermediate production must
meet the requirements in Sec.  80.1469(c) through (f), as applicable.
    (c) Quality assurance audits, when performed, must be conducted in
accordance with the requirements in Sec.  80.1472(a) and (b)(3).
    (d)(1) If an independent third-party auditor identifies a
potentially improperly produced biointermediate, the independent third-
party auditor must notify EPA, the biointermediate producer, and the
renewable fuel producer that may have been transferred the
biointermediate within five business days of the identification,
including an initial explanation of why the biointermediate may have
been improperly produced.
    (2) If RINs were generated from the potentially improperly produced
biointermediate, the RIN generator must follow the applicable
identification and treatment of PIRs as specified in Sec.  80.1474.
    (e) For the generation of Q-RINs for renewable fuels that were
produced from a biointermediate, the biointermediate must be verified
under an approved QAP as described in paragraph (b) of this section and
the RIN generating facility must be verified under an approved QAP as
described in Sec.  80.1469.

0
35. Add Sec.  80.1478 to read as follows:

Sec.  80.1478   Requirements for foreign biointermediate producers and
importers.

    (a) Foreign biointermediate producer. For purposes of this subpart,
a foreign biointermediate producer is a person located outside the
United States, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands (collectively referred to in this section as ``the United
States'') that has been approved by EPA to produce biointermediate for
use in the production of renewable fuel by a RIN-generating renewable
fuel producer.
    (b) Foreign biointermediate producer requirements. Any foreign
biointermediate producer must meet all requirements that apply to
biointermediate producers under this subpart as a condition of being
approved as a foreign biointermediate producer under this subpart.
    (c) Foreign biointermediate producer commitments. Any foreign

biointermediate producer must commit to the following provisions as a
condition of being registered as a foreign biointermediate producer
under this subpart:
    (1) Any EPA inspector or auditor must be given full, complete, and
immediate access to conduct inspections and audits of the foreign
biointermediate producer facility.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Biointermediate is produced.
    (B) Documents related to foreign biointermediate producer
operations are kept.
    (C) Biointermediate is stored or transported between the foreign
biointermediate producer and the renewable fuel producer, including
storage tanks, vessels, and pipelines.
    (iii) EPA inspectors and auditors may be EPA employees or
contractors to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits may include review and copying of any
documents related to the following:
    (A) The volume of biointermediate produced or delivered to
renewable fuel production facilities.
    (B) Transfers of title or custody to the biointermediate.
    (C) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign biointermediate producer must be
made available for interview by the EPA inspector or auditor, on
request, within a reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 business
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia must be named, and service on this agent constitutes service
on the foreign biointermediate producer or any employee of the foreign
biointermediate producer for any action by EPA or otherwise by the
United States related to the requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations in this title promulgated thereunder must be governed by
the Clean Air Act, including the EPA administrative forum where allowed
under the Clean Air Act.
    (4) United States substantive and procedural laws apply to any
civil or criminal enforcement action against the foreign
biointermediate producer or any employee of the foreign biointermediate
producer related to the provisions of this section.
    (5) Applying to be an approved foreign biointermediate producer
under this section, or producing or exporting biointermediate under
such approval, and all other actions to comply with the requirements of
this subpart relating to such approval constitute actions or activities
covered by and within the meaning of the provisions of 28 U.S.C.
1605(a)(2), but solely with respect to actions instituted against the
foreign biointermediate producer, its agents and employees in any court
or other tribunal in the United States for conduct that violates the
requirements applicable to the foreign biointermediate producer under
this subpart, including conduct that violates the False Statements
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of
the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign biointermediate producer, or its agents or
employees, will not seek to detain or to impose civil or criminal
remedies against EPA inspectors or auditors for actions performed
within the scope of EPA employment or contract related to the
provisions of this section.
    (7) The commitment required by this paragraph (c) must be signed by
the owner or president of the foreign biointermediate producer company.
    (8) In any case where the biointermediate produced at a foreign
biointermediate production facility is stored or transported by another
company between the production facility and the vessel that transports
the biointermediate to the United States, the foreign biointermediate
producer must obtain from each such other company a commitment that
meets the requirements specified in paragraphs (c)(1) through (7) of
this section, and these commitments must be included in the foreign
biointermediate producer's application to be an approved foreign
biointermediate producer under this subpart.
    (d) Sovereign immunity. By submitting an application to be an
approved foreign biointermediate producer under this subpart, or by
producing and exporting biointermediate fuel to the United States under
such approval, the foreign biointermediate producer, and its agents and
employees, without exception, become subject to the full operation of
the administrative and judicial enforcement powers and provisions of
the United States without limitation based on sovereign immunity, with
respect to actions instituted against the foreign biointermediate
producer, its agents and employees in any court or other tribunal in
the United States for conduct that violates the requirements applicable
to the foreign biointermediate producer under this subpart, including
conduct that violates the False Statements Accountability Act of 1996
(18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C.
7413).
    (e) English language reports. Any document submitted to EPA by a
foreign biointermediate producer must be in English or must include an
English language translation.
    (f) Withdrawal or suspension of foreign biointermediate producer
approval. EPA may withdraw or suspend a foreign biointermediate
producer's approval where any of the following occur:
    (1) A foreign biointermediate producer fails to meet any
requirement of this section.
    (2) A foreign government fails to allow EPA inspections or audits
as provided in paragraph (c)(1) of this section.
    (3) A foreign biointermediate producer asserts a claim of, or a
right to claim, sovereign immunity in an action to enforce the
requirements in this subpart.
    (g) Additional requirements for applications, reports, and
certificates. Any application for approval as a foreign biointermediate
producer, any report, certification, or other submission required under
this section shall be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign biointermediate
producer company, or by that person's immediate designee, and must
contain the following declarations:
    (i) Certification.

    ``I hereby certify:
    That I have actual authority to sign on behalf of and to bind [NAME
OF FOREIGN BIOINTERMEDIATE PRODUCER] with regard to all statements
contained herein;
    That I am aware that the information contained herein is being
Certified, or

submitted to the United States Environmental Protection Agency, under
the requirements of 40 CFR part 80, subpart M, and that the information
is material for determining compliance under these regulations; and
    That I have read and understand the information being Certified or
submitted, and this information is true, complete and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof.''

    (ii) Affirmation.

    ``I affirm that I have read and understand the provisions of 40 CFR
part 80, subpart M, including 40 CFR 80.1478 apply to [NAME OF FOREIGN
BIOINTERMEDIATE PRODUCER]. Pursuant to Clean Air Act section 113(c) and
18 U.S.C. 1001, the penalty for furnishing false, incomplete or
misleading information in this certification or submission is a fine of
up to $10,000 U.S., and/or imprisonment for up to five years.''

    (h) Requirements for biointermediate importers. Any biointermediate
importer must meet all the following requirements:
    (1) For each biointermediate batch, any biointermediate importer
must have an independent third party do all the following:
    (i) Determine the volume of biointermediate in the truck, railcar,
vessel, or other shipping container.
    (ii) Determine the name and EPA-assigned registration number of the
foreign biointermediate producer that produced the biointermediate.
    (iii) Determine the name and country of registration of the truck,
railcar, vessel, or other shipping container used to transport the
biointermediate to the United States.
    (iv) Determine the date and time the truck, railcar, vessel, or
other shipping container arrives at the United States port of entry.
    (2) Any biointermediate importer must submit documentation of the
information determined under paragraph (h)(1) of this section within 30
days following the date any truck, railcar, vessel, or other shipping
container transporting biointermediate arrives at the United States
port of entry to all the following:
    (i) The foreign biointermediate producer.
    (ii) The renewable fuel producer.
    (3) The biointermediate importer and the independent third party
must keep records of the audits and reports required under paragraphs
(h)(1) and (2) of this section for five years from the date of
creation.

PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS

0
36. The authority citation for part 1090 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.

Subpart A--General Provisions

0
37. Amend Sec.  1090.15 by:
0
a. In paragraphs (a) and (d), removing the text ``(b) and (c)'' and
adding, in its place, the text ``(b) through (d)''
0
b. In paragraph (c) introductory text, removing the word ``section''
and adding, in its place, the word ``part'';
0
c. Redesignating paragraph (d) as paragraph (e); and
0
d. Adding a new paragraph (d).
    The addition reads as follows:

Sec.  1090.15   Confidential business information.

* * * * *
    (d)(1) The following information contained in any enforcement
action taken under this part is not entitled to confidential treatment
under 40 CFR part 2, subpart B:
    (i) The company's name.
    (ii) The facility's name.
    (iii) Any EPA-issued company and facility identification numbers.
    (iv) The time or time period when any violation occurred.
    (v) The quantity of fuel, fuel additive, or regulated blendstock
affected by the violation.
    (vi) Information relating to the exceedance of the fuel standard
associated with the violation.
    (vii) Information relating to the generation, transfer, or use of
credits associated with the violation.
    (viii) Any other information relevant to describing the violation.
    (2) Enforcement actions within the scope of paragraph (d)(1) of
this section include notices of violation, settlement agreements,
administrative complaints, civil complaints, criminal information, and
criminal indictments.
* * * * *
[FR Doc. 2022-12376 Filed 6-30-22; 8:45 am]
BILLING CODE 6560-50-P