------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Seller Company ID........................................          Y
b--Seller Company Name......................................          Y
c--Buyer Company ID.........................................          Y
d--Buyer Company Name.......................................          Y
e--RIN Year.................................................          Y
f--Fuel D-Code..............................................          Y
g--Assignment Code Text.....................................          Y
h--Batch Volume.............................................          Y
i--RIN Quantity.............................................          Y
j--Ptd Number...............................................          Y
k--Generate Organization ID (non-FIFO)......................          Y
l--Generate Facility ID (non-FIFO)..........................          Y
m--Generate Batch Number (non-FIFO).........................          Y
n--Sell Reason Code Text....................................          N
o--Document ID..............................................          Y
p--Document Name............................................          Y
q--Transaction Comment......................................          Y
System 1--CDX Submission ID.................................          Y
System 2--EMTS Submission Date..............................          N
System 3--EMTS Submission ID................................          N
System 4--EMTS Transaction Date.............................          N
System 5--EMTS Transaction ID...............................          N
------------------------------------------------------------------------

 Table 5-80.1451--Data in PDF Versions of Quarterly RIN Buy Transaction
                                 Reports
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Buyer Company ID.........................................          Y
b--Buyer Company Name.......................................          Y
c--Seller Company ID........................................          Y
d--Seller Company Name......................................          Y
e--RIN Year.................................................          Y
f--Fuel D-Code..............................................          Y
g--Assignment Code Text.....................................          Y
h--Batch Volume.............................................          Y
i--RIN Quantity.............................................          Y
j--Ptd Number...............................................          Y
k--Generate Organization ID (non-FIFO)......................          Y
l--Generate Facility ID (non-FIFO)..........................          Y
m--Generate Batch Number (non-FIFO).........................          Y
n--Buy Reason Code Text.....................................          N
o--Document ID..............................................          Y
p--Document Name............................................          Y
q--Transaction Comment......................................          Y
System 1--CDX Submission ID.................................          Y
System 2--EMTS Submission Date..............................          N
System 3--EMTS Submission ID................................          N
System 4--EMTS Transaction Date.............................          N
System 5--EMTS Transaction ID...............................          N
------------------------------------------------------------------------

     Table 6-80.1451--Data in PDF Versions of Quarterly RIN Separate
                           Transaction Reports
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Separator Company ID.....................................          Y
b--Separator Company Name...................................          Y
c--RIN Year.................................................          Y
d--Fuel D-Code..............................................          Y
e--Assignment Code..........................................          Y
f--Batch Volume.............................................          Y
g--Blender Company ID.......................................          Y
h--Blender Company Name.....................................          Y
i--RIN Quantity.............................................          Y
j--Separate Reason Code Text................................          N
k--Generate Organization ID (non-FIFO)......................          Y
l--Generate Facility ID (non-FIFO)..........................          Y
m--Generate Batch Number (non-FIFO).........................          Y
n--Document ID..............................................          Y
o--Document Name............................................          Y
p--Transaction Comment......................................          Y
System 1--CDX Submission ID.................................          Y
System 2--EMTS Submission ID................................          N
System 3--EMTS Transaction Date.............................          N
System 4--EMTS Transaction ID...............................          N
------------------------------------------------------------------------

      Table 7-80.1451--Data in PDF Versions of Quarterly RIN Retire
                           Transaction Reports
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Retirement Company ID....................................          Y
b--Retirement Company Name..................................          Y
c--RIN Year.................................................          Y
d--Fuel D-Code..............................................          Y
e--Assignment Code Text.....................................          Y
f--Batch Volume.............................................          Y
g--RIN Quantity.............................................          Y
h--Generate Organization ID (non-FIFO)......................          Y
i--Generate Facility ID (non-FIFO)..........................          Y
j--Generate Batch Number (non-FIFO).........................          Y
k--Retire Reason Code Text..................................          N
l--Compliance Year..........................................          Y
m--Compliance Level Code....................................          Y
n--Compliance Facility ID...................................          Y
o--Transaction Comment......................................          Y
p--Document ID..............................................          Y
q--Document Name............................................          Y
System 1--CDX Submission ID.................................          Y
System 2--EMTS Submission ID................................          N
System 3--EMTS Transaction Date.............................          N
System 4--EMTS Transaction ID...............................          N
------------------------------------------------------------------------

* * * * *
0
52. Section 80.1452 is amended by:
0
a. Revising paragraph (b)(11);
0
b. Redesignating paragraph (b)(16) as paragraph (b)(18) and adding new
paragraph (b)(16) and paragraph (17); and
0
c. Redesignating paragraph (d) as paragraph (g) and adding new
paragraph (d) and paragraphs (e) and (f).
    The revisions and additions read as follows:

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

* * * * *
    (b) * * *
    (11) The volume of ethanol denaturant and applicable equivalence
value of each batch.
* * * * *
    (16) Starting January 1, 2018, or a later date designated by EPA,
the type and quantity of biointermediate(s) used for the batch, if
applicable.
    (17) Starting January 1, 2018, or a later date designated by EPA,
the EPA facility registration number of each biointermediate production
facility at which a biointermediate used for the batch was produced, if
applicable.
* * * * *
    (d) Parties shall not assign RINs to a batch of renewable fuel
pursuant to paragraph (b) of this section prior to EPA approval of
applicable registration requirements under Sec.  80.1450(b), (c),
(d)(1), and (d)(4).
    (e) The following tables set forth EPA determinations regarding the
extent to which listed EMTS data elements are eligible for treatment as
confidential business information.

     Table 1 to Sec.   80.1452--EMTS Data Related to RIN Generation
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--RIN Originator Company ID................................          Y
b--RIN Originator Company Name..............................          Y
c--RIN Quantity.............................................          Y
d--Batch Volume.............................................          Y
e--Fuel D-Code..............................................          Y
f--Production Process.......................................          Y
g--Fuel Category Code Text..................................          Y
h--Fuel Production Date.....................................          Y
i--Denaturant Volume........................................          Y
j--Equivalence Value........................................          Y
k--Renewable Fuel Producer Company ID.......................          Y
l--Renewable Fuel Producer Company Name.....................          Y
m--Renewable Fuel Producer Facility Number..................          Y
n--RIN Originator Facility Number...........................          Y
o--RIN Originator Import Facility Number....................          Y
p--RIN Originator Batch Number..............................          Y
q--Production Source Comment................................          Y
r--Feedstocks...............................................          Y
s--Feedstocks Amount........................................          Y
t--Feedstocks Unit of Measure...............................          N
u--QAP Service Type.........................................          Y
v--Feedstock Comment........................................          Y
w--Co-Product...............................................          Y
x--Co-Product Comment.......................................          Y
y--RIN Year.................................................          Y
System 1--CDX Submission ID.................................          Y
System 2--Data Preparer.....................................          N
System 3--EMTS Generate Transaction ID......................          N
System 4--EMTS Submission Date..............................          N
System 5--EMTS Submission ID................................          N
System 6--EMTS Transaction Date.............................          N
System 7--EMTS Transaction ID...............................          N
System 8--Submission Method.................................          N
System 9--Submitter.........................................          Y
------------------------------------------------------------------------

  Table 2 to Sec.   80.1452--EMTS Data Related to RIN Sell Transactions
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Seller Company ID........................................          Y
b--Seller Company Name......................................          Y
c--Buyer Company ID.........................................          Y
d--Buyer Company Name.......................................          Y
e--Ptd Number...............................................          Y
f--RIN Quantity.............................................          Y
g--Batch Volume.............................................          Y
h--Fuel D-Code..............................................          Y
i--Assignment Code Text.....................................          Y
j--RIN Year.................................................          Y
k--QAP Service Type.........................................          Y
l--Transfer Date............................................          Y
m--Sell Reason Code Text....................................          N
n--Price Per Gallon.........................................          Y
o--Price Per RIN............................................          Y
p--Transaction Comment......................................          Y
q--Generate Organization ID (non-FIFO)......................          Y
r--Generate Facility ID (non-FIFO)..........................          Y
s--Generate Batch Number (non-FIFO).........................          Y
t--Public Supporting Document (text box 1)..................          Y
u--Public Supporting Document ID (text box 1)...............          Y
v--Public Supporting Document (text box 2)..................          Y
w--Public Supporting Document (text box 2)..................          Y
System 1--CDX Submission ID.................................          Y
System 2--Data Preparer.....................................          N
System 3--EMTS Buy Transaction ID...........................          N
System 4--EMTS Submission Date..............................          N
System 5--EMTS Submission ID................................          N
System 6--EMTS Transaction Date.............................          N
System 7--EMTS Transaction ID...............................          N
System 8--Matched EMTS Transaction ID.......................          N
System 9--Submission Method.................................          N
System 10--Submitter........................................          Y
------------------------------------------------------------------------

  Table 3 to Sec.   80.1452--EMTS Data Related to RIN Buy Transactions
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--Buyer Company ID.........................................          Y

b--Buyer Company Name.......................................          Y
c--Seller Company ID........................................          Y
d--Seller Company Name......................................          Y
e--Ptd Number...............................................          Y
f--RIN Quantity.............................................          Y
g--Batch Volume.............................................          Y
h--Fuel D-Code..............................................          Y
i--Assignment Code Text.....................................          Y
j--RIN Year.................................................          Y
k--QAP Service Type.........................................          Y
l--Transfer Date............................................          Y
m--Buy Reason Code Text.....................................          N
n--Price Per RIN............................................          Y
o--Price Per Gallon.........................................          Y
p--Transaction Comment......................................          Y
q--Generate Organization ID (non-FIFO)......................          Y
r--Generate Facility ID (non-FIFO)..........................          Y
s--Generate Batch Number (non-FIFO).........................          Y
t--Public Supporting Document (text box 1)..................          Y
u--Public Supporting Document ID (text box 1)...............          Y
v--Public Supporting Document (text box 2)..................          Y
w--Public Supporting Document (text box 2)..................          Y
System 1--CDX Submission ID.................................          Y
System 2--Data Preparer.....................................          N
System 3--EMTS Buy Transaction ID...........................          N
System 4--EMTS Submission Date..............................          N
System 5--EMTS Submission ID................................          N
System 6--EMTS Transaction Date.............................          N
System 7--EMTS Transaction ID...............................          N
System 8--Matched EMTS Transaction ID.......................          N
System 9--Submission Method.................................          N
System 10--Submitter........................................          Y
------------------------------------------------------------------------

      Table 4 to Sec.   80.1452--EMTS Data Related to RIN Separate
                              Transactions
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--RIN Separator Company ID.................................          Y
b--RIN Separator Company Name...............................          Y
c--Transaction Date.........................................          Y
d--RIN Quantity.............................................          Y
e--Batch Volume.............................................          Y
f--Fuel D-Code..............................................          Y
g--Separate Reason Code Text................................          N
h--Assignment Code..........................................          Y
i--RIN Year.................................................          Y
j--QAP Service Type.........................................          Y
k--Blender Company ID.......................................          Y
l--Blender Company Name.....................................          Y
m--Transaction Comment......................................          Y
n--Generate Organization ID (non-FIFO)......................          Y
o--Generate Facility ID (non-FIFO)..........................          Y
p--Generate Batch Number (non-FIFO).........................          Y
q--Document ID..............................................          Y
r--Document Name............................................          Y
System 1--CDX Submission ID.................................          Y
System 2--Data Preparer.....................................          N
System 3--EMTS Submission Date..............................          N
System 4--EMTS Submission ID................................          N
System 5--EMTS Transaction Date.............................          N
System 6--EMTS Transaction ID...............................          N
System 7--Submission Method.................................          N
System 8--Submitter.........................................          Y
System 9--Separation Transaction ID.........................          N
------------------------------------------------------------------------

 Table 5 to Sec.   80.1452--EMTS Data Related to RIN Retire Transactions
------------------------------------------------------------------------
                         Field name                               CBI
------------------------------------------------------------------------
a--RIN Retirement Company ID................................          Y
b--RIN Retirement Company Name..............................          Y
c--RIN Quantity.............................................          Y
d--Batch Volume.............................................          Y
e--Fuel D-Code..............................................          Y
f--Assignment Code Text.....................................          Y
g--RIN Year.................................................          Y
h--QAP Service Type.........................................          Y
i--Retire Reason Code Text..................................          N
j--Compliance Year..........................................          Y
k--Compliance Level Code Text...............................          Y
l--Compliance Facility ID...................................          Y
m--Transaction Comment......................................          Y
n--Generate Organization ID (non-FIFO)......................          Y
o--Generate Facility ID (non-FIFO)..........................          Y
p--Generate Batch Number (non-FIFO).........................          Y
q--Document ID..............................................          Y
r--Document Name............................................          Y
System 1--CDX Submission ID.................................          Y
System 2--Data Preparer.....................................          N
System 3--EMTS Submission Date..............................          N
System 4--EMTS Submission ID................................          N
System 5--EMTS Transaction Date.............................          N
System 6--EMTS Transaction ID...............................          N
System 7--Submission Method.................................          N
System 8--Submitter.........................................          Y
System 9--Retire Transaction ID.............................          N
------------------------------------------------------------------------

    (f) EPA's public release of EPA enforcement-related determinations
and EPA actions under the RFS program, together with basic information
regarding the party or parties involved and the RINs in question, does
not involve the release of information that is entitled to treatment as
confidential business information. Such information may include the
company name and company identification number of the party that
generated the RINs in question, the facility name and facility
identification number of the facility at which the fuel associated with
the RINs in question was allegedly produced or imported, the total
quantity of RINs in question, the time period when the RINs in question
were generated, and the batch number(s) and the D code(s) of the RINs
in question. Enforcement-related determinations and actions within the
scope of this rule include EPA determinations that RINs are invalid
under Sec.  80.1474(b)(4)(i)(C)(2) and (b)(4)(ii)(C)(2), notices of
violation, administrative complaints, civil complaints, criminal
informations and criminal indictments.
0
53. Section 80.1453 is amended by revising paragraphs (a) introductory
text, (a)(12) introductory text, and (d), and adding paragraph (e) to
read as follows:

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

    (a) On each occasion when any person transfers ownership of neat
and/or blended renewable fuels or separated RINs subject to this
subpart, other than when fuel is sold or dispensed at a retail outlet
or wholesale purchaser-consumer facility, the transferor shall provide
to the transferee documents that include the following information, as
applicable.
* * * * *
    (12) Except as provided in Sec.  80.1433(e), an accurate and clear
statement on the product transfer document of the fuel type and
intended fuel use or uses, from the options listed below, which is made
in good faith:
* * * * *
    (d) For fuel oil meeting paragraph (2) of the definition of heating
oil in Sec.  80.1401, the PTD of the fuel oil shall state: ``This
volume of renewable fuel oil is designated and intended to be used to
heat or cool interior spaces of homes or buildings to control ambient
climate for human comfort. Do NOT use for process heat or cooling or
any other purpose, as these uses are prohibited pursuant to 40 CFR
80.1460(g).''
    (e) 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:
    (1) The name and address of the transferor and transferee.
    (2) The transferor's and transferee's EPA company registration and
applicable facility registration numbers.
    (3) The volume of biointermediate that is being transferred.
    (4) The date of the transfer.

    (5) The location of the biointermediate at the time of the
transfer.
    (6) The renewable fuel type the biointermediate was designated to
be used as a feedstock material for by the biointermediate producer
under Sec.  80.1475(i).
    (7) The composition of the biointermediate being transferred,
including:
    (i) The type and quantity of each feedstock, specified exactly as
described in Table 1 to Sec.  80.1426, that was used to make the
biointermediate.
    (ii) The percentage of each feedstock that is renewable biomass,
rounded to two decimal places.
    (iii) For a biointermediate that contains both renewable and non-
renewable feedstocks:
    (A) The percentage of each feedstock that is not renewable biomass,
rounded to two decimal places.
    (B) The feedstock energy from the renewable biomass used to make
the biointermediate, in Btu.
    (C) The feedstock energy from the non-renewable biomass used to
make the biointermediate, in Btu.
    (D) The total percentage of the biointermediate that may generate
RINs, rounded to two decimal places.
    (E) The total percentage of the biointermediate that may not
generate RINs, rounded to two decimal places.
    (iv) For a biointermediate that contains cellulosic material:
    (A) The percentage of each feedstock in Sec.  80.1453(e)(6)(ii)
that is cellulosic, rounded to two decimal places.
    (B) The percentage of each feedstock in Sec.  80.1453(e)(6)(ii)
that is non-cellulosic, rounded to two decimal places, if applicable.
    (C) The total percentage of the biointermediate that may generate
cellulosic RINs, rounded to two decimal places.
    (D) For separated municipal solid waste as described in Sec.
80.1426(f)(5)(i)(C), the cellulosic portion of the biointermediate is
equivalent to the biogenic portion.
    (E) For separated food waste, the non-cellulosic percentage is
assumed to be zero percent unless it is demonstrated to be partially
cellulosic.
    (F) For separated yard waste, as described in Sec.
80.1426(f)(5)(i)(A), 100% of separated yard waste is deemed to be
cellulosic.
    (G) 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.''
    (v) The type and proportion of RINs that may be generated for the
biointermediate.
    (8) Copies of records specified in Sec. Sec.  80.1454(n)(3) and
80.1454(n)(5) through (7) for the volume being transferred, as
applicable.
    (9) 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
feedstock in the production of renewable fuel as defined in 40 CFR
80.1401. Parties shall not generate RINs on this feedstock material.''
0
54. Section 80.1454 is amended by:
0
a. Revising paragraphs (a) introductory text and (a)(4)(i);
0
b. Adding paragraph (a)(7);
0
c. Redesignating paragraphs (b)(3)(vii) through (xii) as paragraphs
(b)(3)(viii) through (xiii) and adding a new paragraph (b)(3)(vii);
0
d. Revising paragraph (b)(6);
0
e. Adding paragraph (b)(11);
0
f. Revising paragraph (d)(2) introductory text;
0
g. Redesignating paragraph (d)(2)(vi) as (d)(2)(vii) and adding new
paragraph (d)(2)(vi) and paragraph (d)(2)(viii);
0
h. Revising paragraph (h)(6)(iii);
0
i. Redesignating paragraphs (n) through (t) as paragraphs (q) through
(w) and adding new paragraphs (n) through (p); and
0
j. Revising newly redesignated paragraphs (q) and (t).
    The revisions and additions read as follows:

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

    (a) Requirements for obligated parties and exporters. Beginning
July 1, 2010, any obligated party (as described at Sec.  80.1406),
exporter of renewable fuel (as described at Sec.  80.1401), or party
that must retire RINs under Sec.  80.1433, must keep all of the
following records:
* * * * *
    (4) * * *
    (i) Methods and variables used to calculate the Renewable Volume
Obligations pursuant to Sec.  80.1407, Sec.  80.1430, or Sec.  80.1433.
* * * * *
    (7) For parties that must retire RINs under Sec.  80.1433,
invoices, bills of lading, and other documents describing the renewable
fuel and the intended use of the renewable fuel for which RINs must be
retired under Sec.  80.1433.
* * * * *
    (b) * * *
    (3) * * *
    (vii) Type and quantity of biointermediate 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 written report submitted to EPA per Sec.
80.1450(b)(2).
* * * * *
    (11) For any producer of renewable fuel that achieves the
greenhouse gas reductions necessary to qualify for a renewable fuel
pathway by using CCS technology as part of the renewable fuel
production process, records presenting accurate calculations verifying
compliance with the applicable lifecycle greenhouse gas reductions
reported in accordance with Sec.  80.1451(b)(1)(ii)(W).
* * * * *
    (d) * * *
    (2) Domestic producers of renewable fuel made from qualified
planted trees or tree residue from actively managed tree plantations
must keep records that serve as evidence that the land from which the
feedstock was obtained was cleared prior to December 19, 2007, and
actively managed on December 19, 2007. The records must be provided by
the feedstock producer and must include at least one of the following
documents, which must be traceable to the land in question:
* * * * *
    (vi) An agreement for land management consultation with a
professional forester that identifies the land in question.
* * * * *
    (viii) Records satisfying the requirements of paragraph (d)(3)(i)
of this section that serve as evidence that the land on which the tree
plantation is located was cleared or cultivated prior to December 19,
2007, and actively managed or fallow on December 19, 2007.
* * * * *
    (h) * * *
    (6) * * *
    (iii) The survey plan must be sent to the attention of ``RFS
Program'' to the address in Sec.  80.10(a).
* * * * *
    (n) Requirements for biointermediate producers. Beginning on the
effective date of the final rule, any biointermediate producer
producing a biointermediate must keep all of the following records in
addition to those required under paragraphs (a) through (m) of this
section:
    (1) Product transfer documents consistent with Sec.  80.1453(e) 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) Feedstock energy calculations per Sec.  80.1426(f)(4), 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), or (h) of this section.
    (6) A biointermediate producer that produces a biointermediate from
separated yard and food waste for use in the production of a renewable
fuel, as described in Sec.  80.1426(f)(5)(i)(A) and (B), or from
separated municipal solid waste, as described in Sec.
80.1426(f)(5)(i)(C), shall keep all records described in paragraph (j)
of this section, as applicable.
    (7) 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.
    (8) Records, including contracts, related to the implementation of
a QAP under Sec.  80.1469.
    (o) A producer of renewable fuel that achieves the greenhouse gas
reductions necessary to qualify for a renewable fuel pathway by using
CCS technology as part of the renewable fuel production process must
retain records of all information reported in accordance with the
applicable requirements of 40 CFR part 98, subpart PP, must follow the
applicable record retention requirements specified by 40 CFR part 98,
subpart PP, and one of the following, as applicable:
    (1) If the injection occurs onsite, follow the record retention
requirements specified by 40 CFR part 98, subpart RR, and retain
records of all information reported by the producer or importer in
accordance with the requirements of 40 CFR part 98, subpart RR.
    (2) If the injection occurs offsite, retain records of all
information reported by the facility or facilities that report in
accordance with the requirements of 40 CFR part 98, subpart RR.
    (p) Producers of renewable fuel using short-rotation willow or
short-rotation hybrid poplar shall keep records of all of the
following:
    (1) The specific short-rotation willow or short-rotation hybrid
poplar species or hybrids utilized to produce each batch of renewable
fuel.
    (2) The total quantity of each specific short-rotation willow or
short-rotation hybrid poplar feedstock used for each batch.
    (3) Total amount of fuel produced under the short-rotation willow
or short-rotation hybrid poplar pathway for each batch.
    (4) Affidavits from the short-rotation willow or short-rotation
hybrid poplar feedstock suppliers confirming that the feedstocks
supplied to the producer are grown only at locations that qualify as a
tree plantation and for which records required pursuant to Sec.
80.1450(b)(1)(xviii)(C) have been provided to the producer. The
producer shall obtain affidavits under this paragraph at least once per
calendar quarter.
    (5) Contracts from the short-rotation willow or short-rotation
hybrid poplar feedstock suppliers confirming that the feedstocks
supplied to the producer are grown only at locations that qualify as a
tree plantation and for which records required pursuant to Sec.
80.1450(b)(1)(xviii)(C) have been provided to the producer.
    (q) The records required under paragraphs (a) through (d) and (f)
through (p) of this section and under Sec.  80.1453 shall be kept for
five years from the date they were created, except that records related
to transactions involving RINs shall be kept for five years from the
date of the RIN transaction.
* * * * *
    (t) 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.
* * * * *
0
55. Section 80.1460 is amended by:
0
a. Revising paragraphs (b)(5) and (c)(2);
0
b. Removing paragraph (c)(3);
0
c. Revising paragraph (g); and
0
d. Adding paragraphs (j) through (l).
    The revisions and additions 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, a biointermediate feedstock, or through a process that is
not described in the person's registration information.
* * * * *
    (c) * * *
    (2) Use a RIN for compliance or transfer a RIN that was assigned to
renewable fuel received by a person if the person uses the volume of
fuel associated with the RIN for an application other than as
transportation fuel, jet fuel, or heating oil.
* * * * *
    (g) Failing to use a renewable fuel oil for its intended use. No
person shall use fuel oil that meets paragraph (2) of the definition of
heating oil in Sec.  80.1401 and for which RINs have been generated in
an application other than to heat or cool interior spaces of homes or
buildings to control ambient climate for human comfort.
* * * * *
    (j) Improper biointermediate production violation. No person shall
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.
    (k) Independent third-party engineer violations. No person shall do
any of the following:
    (1) Fail to identify any incorrect information submitted by the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer as described in Sec.  80.1450(b)(2).
    (2) Fail to meet any requirement related to engineering reviews as
described in Sec.  80.1450(b)(2).
    (3) Fail to disclose to EPA any financial, professional, business,
or other interests with parties for whom the independent third-party
engineer provides services under Sec.  80.1450.
    (4) Fail to meet any requirement related to the independent third-
party engineering review registration requirements in Sec.
80.1450(b)(2) or (d)(1).
    (l) Failing to designate fuel for an alternative use or retire RINs
as required. No person shall fail to designate fuel for an alternative
use or retire RINs as required by Sec.  80.1433.
0
56. Section 80.1461 is amended by revising paragraphs (a) and (c) and
adding paragraph (e) to read as follows:

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

    (a) Liability for violations of prohibited acts. (1) Any person who
violates a prohibition under Sec.  80.1460(a) through (d) or Sec.
80.1460(g) through (l) 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 Sec.  80.1460(g) through (l) is
liable for a violation of Sec.  80.1460(e).
* * * * *
    (c) Parent corporation liability. Any parent corporation is liable
for any violation of this subpart that is committed by any of its
subsidiaries, contractors, subcontractors, or affiliates.
* * * * *
    (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 the prohibition described in Sec.  80.1460(j), 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
57. Section 80.1464 is amended by:
0
a. Revising paragraphs (a) introductory text, (a)(1)(i)(A), and
(a)(1)(ii) and (v);
0
b. Adding paragraph (a)(1)(vii);
0
c. Revising paragraphs (b)(1)(ii) and (v); and
0
d. Adding paragraph (h).
    The revisions and additions read as follows:

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

* * * * *
    (a) Obligated parties and exporters. The following attest
procedures shall be completed for any obligated party as stated in
Sec.  80.1406(a), exporter of renewable fuel, or party that must retire
RINs under Sec.  80.1433:
    (1) * * *
    (i) * * *
    (A) The obligated party's volume of all products listed in Sec.
80.1407(c) and (e), the exporter's volume of each category of exported
renewable fuel identified in Sec.  80.1430(b)(1) through (b)(4), or the
volume of each category of renewable fuel identified in Sec.
80.1433(a)(1) through (a)(4), as applicable.
* * * * *
    (ii) Obtain documentation of any volumes of renewable fuel used in
products listed in Sec.  80.1407(c) and (e) at the refinery or import
facility, exported during the reporting year, or redesignated as
described in Sec.  80.1433; compute and report as a finding the total
volumes of renewable fuel represented in these documents.
* * * * *
    (v) Compute and report as a finding the RVOs for the obligated
party, exporter, or party that must retire RINs under Sec.  80.1433,
and any deficit RVOs carried over from the previous year or carried
into the subsequent year, and verify that the values agree with the
values reported to EPA.
* * * * *
    (vii) For parties that must retire RINs under Sec.  80.1433,
perform all of the following:
    (A) Obtain the database, spreadsheet, or other documentation that
the party maintains for all renewable fuel for which RINs must be
retired under Sec.  80.1433.
    (B) Compare the volume of products identified in these documents
with the volumes reported to EPA.
    (C) Verify that the volumes reported to EPA agree with the volumes
identified in the database, spreadsheet, or other documentation, and
report as a finding any exception.
    (D) Select sample batches in accordance with the guidelines in
Sec.  80.127 from each separate category of renewable fuel identified
in Sec.  80.1451(a); obtain invoices, bills of lading, and other
documentation for the representative samples; state whether any of
these documents refer to the renewable fuel as advanced biofuel or
cellulosic biofuel; and report as a finding whether or not the party
calculated an advanced biofuel or cellulosic biofuel RVO for these
fuels pursuant to Sec.  80.1433(a)(1) or Sec.  80.1433(a)(3).
    (b) * * *
    (1) * * *
    (ii) Obtain production data for each renewable fuel batch by type
of renewable fuel that was produced or imported during the year being
reviewed; compute the RIN numbers, production dates, types, volumes of
ethanol denaturant and applicable equivalence values, and production
volumes for each batch; report the total RINs generated during the year
being reviewed; and state whether this information agrees with the
party's reports to EPA. Report as a finding any exceptions.
* * * * *
    (v)(A) Obtain documentation, as required under Sec.  80.1451(b),
(d), and (e), associated with feedstock and biointermediate purchases
for a representative sample, selected in accordance with the guidelines
in Sec.  80.127, of renewable fuel batches produced or imported during
the year being reviewed.
    (B) Verify that feedstocks were properly identified in the reports
and met the definition of renewable biomass in Sec.  80.1401.
    (C) Verify that biointermediates were properly identified in the
reports, if applicable.
* * * * *
    (h) Biointermediate producers. The following attest reports shall
be completed for any biointermediate producer that produces a
biointermediate in a calendar year:
    (1) Biointermediate production reports. (i) Obtain and read copies
of the quarterly biointermediate production reports required under
Sec.  80.1451(i).
    (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 Sec.  80.127, obtain
records required under Sec.  80.1454(n); 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.
    (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.
    (3) Product transfer documents. (i) Obtain contracts, invoices, or
other documentation for 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.
* * * * *
0
58. Section 80.1466 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a) and (b);
0
c. Revising paragraphs (c) introductory text and (c)(1);
0
d. Revising paragraphs (d)(1)(iii) and (v), (d)(1)(vi)(B), (d)(3)(ii),
and (e)(2)(ii);
0
e. Revising paragraphs (f) introductory text and (f)(1) introductory
text;
0
f. Revising paragraphs (f)(1)(ii)(C), (f)(1)(v)(A) and (C),
(f)(1)(vii), (f)(2) through (8), and (g);
0
g. Revising paragraph (h) introductory text;
0
h. In the equation in paragraph (h)(1) revising the definition ``G'';
0
i. Revising paragraphs (h)(2), (h)(3)(iii), (h)(4), (i), (j)(2) through
(4), (k)(1), (k)(2)(ii), (k)(4)(ii), and (k)(5);
0
j. Revising paragraphs (l) introductory text and (l)(1) introductory
text;
0
k. Revising paragraphs (l)(2)(i), (l)(3), (m)(3)(ii), and (m)(6)(i);
0
l. Revising paragraphs (n) introductory text and (n)(1), (3), and (4);
0
m. Revising paragraphs (o) introductory text and (o)(2); and
0
n. Adding paragraph (p).
    The revisions and addition read as follows:

Sec.  80.1466  What are the additional requirements under this subpart
for foreign renewable fuel producers and importers of renewable fuels?

    (a) Applicability. This section only applies to foreign renewable
fuel producers that are 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'').
    (b) General requirements. An approved foreign renewable fuel
producer under this section must meet all requirements that apply to
renewable fuel producers under this subpart.
    (c) Designation, RIN-generating foreign producer certification, and
product transfer documents. (1) Any approved foreign renewable fuel
producer must designate each batch of such renewable fuel as ``RFS-
FRRF'' at the time the renewable fuel is produced.
* * * * *
    (d) * * *
    (1) * * *
    (iii) Obtain the EPA-assigned registration number of the RIN-
generating foreign producer.
* * * * *
    (v) Determine the date and time the vessel departs the port serving
the RIN-generating foreign producer.
    (vi) * * *
    (B) That the RFS-FRRF remained segregated from Non-RFS-FRRF and
other RFS-FRRF produced by a different foreign producer.
* * * * *
    (3) * * *
    (ii) Be independent under the criteria specified in Sec.
80.65(f)(2)(iii); and
* * * * *
    (e) * * *
    (2) * * *
    (ii) Where the port of entry volume is the lesser of the two
volumes in paragraph (e)(1)(i) of this section, the importer shall
calculate the difference between the number of RINs originally assigned
by the RIN-generating foreign producer and the number of RINs
calculated under Sec.  80.1426 for the volume of renewable fuel as
measured at the port of entry, and acquire and retire that amount of
RINs in accordance with paragraph (k)(3) of this section.
    (f) Foreign producer commitments. Any foreign renewable fuel
producer shall commit to and comply with the following provisions as a
condition to being approved as a foreign renewable fuel 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
renewable fuel producer facility.
* * * * *
    (ii) * * *
    (C) Renewable fuel is stored or transported between the foreign
renewable producer and the United States, including storage tanks,
vessels and pipelines.
* * * * *
    (v) * * *
    (A) The volume of renewable fuel.
* * * * *
    (C) Transfers of title or custody to the renewable fuel.
* * * * *
    (vii) Any employee of the foreign renewable fuel producer must be
made available for interview by the EPA inspector or auditor, on
request, within a reasonable time period.
* * * * *
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign renewable fuel producer or any employee of the foreign
renewable fuel 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 promulgated thereunder shall 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 shall apply to
any civil or criminal enforcement action against the foreign renewable
fuel producer or any employee of the foreign renewable fuel producer
related to the provisions of this section.
    (5) Applying to be an approved foreign renewable fuel producer
under this section, or producing or exporting renewable fuel 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 renewable fuel 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 renewable fuel 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 renewable fuel 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 shall be signed by
the owner

or president of the foreign renewable fuel producer company.
    (8) In any case where renewable fuel produced at a foreign
renewable fuel production facility is stored or transported by another
company between the production facility and the vessel that transports
the renewable fuel to the United States, the foreign renewable fuel
producer shall obtain from each such other company a commitment that
meets the requirements specified in paragraphs (f)(1) through (7) of
this section, and these commitments shall be included in the foreign
renewable fuel producer's application to be an approved foreign
renewable fuel producer under this subpart.
    (g) Sovereign immunity. By submitting an application to be an
approved foreign renewable fuel producer under this subpart, or by
producing and exporting renewable fuel to the United States under such
approval, the foreign renewable fuel 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 renewable fuel
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 renewable fuel 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).
    (h) Bond posting. Any RIN-generating foreign producer shall meet
the requirements of this paragraph (h) as a condition to approval as a
RIN-generating foreign producer under this subpart.
    (1) * * *
    G = the greater of: The largest volume of renewable fuel produced
by the RIN-generating foreign producer and exported to the United
States, in gallons, during a single calendar year among the five
preceding calendar years, or the largest volume of renewable fuel that
the RIN-generating foreign producers expects to export to the Unites
States during any calendar year identified in the Production Outlook
Report required by Sec.  80.1449. If the volume of renewable fuel
exported to the United States increases above the largest volume
identified in the Production Outlook Report during any calendar year,
the RIN-generating foreign producer shall increase the bond to cover
the shortfall within 90 days.
    (2) Obtaining a bond in the proper amount from a third party surety
agent that is payable to satisfy United States administrative or
judicial judgments against the RIN-generating foreign producer,
provided EPA agrees in advance as to the third party and the nature of
the surety agreement.
    (3) * * *
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest annual reporting period
that the RIN-generating foreign producer produces renewable fuel
pursuant to the requirements of this subpart.
    (4) On any occasion a RIN-generating foreign producer bond is used
to satisfy any judgment, the RIN-generating foreign producer shall
increase the bond to cover the amount used within 90 days of the date
the bond is used.
    (i) English language reports. Any document submitted to EPA by a
foreign renewable fuel producer shall be in English, or shall include
an English language translation.
    (j) * * *
    (2) No foreign renewable fuel producer or other person may cause
another person to commit an action prohibited in paragraph (j)(1) of
this section, or that otherwise violates the requirements of this
section.
    (3) No foreign renewable fuel producer or importer may generate
RINs for the same volume of renewable fuel.
    (4) A foreign renewable fuel producer is prohibited from generating
RINs in excess of the number for which the bond requirements of this
section have been satisfied.
    (k) * * *
    (1) Renewable fuel shall be classified as RFS-FRRF according to the
designation by the RIN-generating foreign producer if this designation
is supported by product transfer documents prepared by the foreign
producer as required in paragraph (c) of this section.
    (2) * * *
    (ii) Use the RIN-generating foreign producer's RFS-FRRF
certification to determine the name and EPA-assigned registration
number of the RIN-generating foreign producer that produced the RFS-
FRRF.
* * * * *
    (4) * * *
    (ii) The RIN-generating foreign producer, containing the
information determined under paragraph (k)(2)(i) of this section, and
including identification of the port at which the product was
offloaded, and any RINs retired under paragraph (e)(2) of this section.
    (5) Any United States importer shall meet all other requirements of
this subpart for any imported renewable fuel that is not classified as
RFS-FRRF under paragraph (k)(1) of this section.
    (l) Truck imports of RFS-FRRF produced by a RIN-generating foreign
producer. (1) Any RIN-generating foreign producer whose RFS-FRRF is
transported into the United States by truck may petition EPA to use
alternative procedures to meet all the following requirements:
* * * * *
    (2) * * *
    (i) Contracts with any facilities that receive and/or transport
RFS-FRRF that prohibit the commingling of RFS-FRRF with Non-RFS-FRRF or
RFS-FRRF from other foreign renewable fuel producers.
* * * * *
    (3) The petition described in this section must be submitted to EPA
along with the application for approval as a RIN-generating foreign
producer under this subpart.
    (m) * * *
    (3) * * *
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRRF from the RIN-
generating foreign producer's facility to the load port, under
paragraph (d) of this section. Obtain tank activity records for any
storage tank where the RFS-FRRF is stored, and activity records for any
mode of transportation used to transport the RFS-FRRF prior to being
loaded onto the vessel. Use these records to determine whether the RFS-
FRRF was produced at the RIN-generating foreign producer's facility
that is the subject of the attest engagement, and whether the RFS-FRRF
was mixed with any Non-RFS-FRRF or any RFS-FRRF produced at a different
facility.
* * * * *
    (6) * * *
    (i) Be independent of the RIN-generating foreign producer;
* * * * *
    (n) Withdrawal or suspension of foreign renewable fuel producer
approval. EPA may withdraw or suspend a foreign renewable fuel
producer's approval where any of the following occur:
    (1) A foreign renewable fuel producer fails to meet any requirement
of this section.
* * * * *
    (3) A foreign renewable fuel producer asserts a claim of, or a
right to claim, sovereign immunity in an action to enforce the
requirements in this subpart.
    (4) A foreign renewable fuel producer fails to pay a civil or
criminal penalty

that is not satisfied using the foreign renewable fuel producer bond
specified in paragraph (h) of this section.
    (o) Additional requirements for applications, reports, and
certificates. Any application for approval as a foreign renewable fuel
producer, alternative procedures under paragraph (l) of this section,
any report, certification, or other submission required under this
section shall be:
* * * * *
    (2) Signed by the president or owner of the foreign renewable fuel
producer company, or by that person's immediate designee, and shall
contain the following declaration:
    (i) ``I hereby certify:
    (A) That I have actual authority to sign on behalf of and to bind
[NAME OF FOREIGN RENEWABLE FUEL PRODUCER] with regard to all statements
contained herein;
    (B) 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
    (C) 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) I affirm that I have read and understand the provisions of 40
CFR part 80, subpart M, including 40 CFR 80.1465 apply to [NAME OF
FOREIGN RENEWABLE FUEL 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.''
    (p) Requirements for non-RIN-generating foreign producer. Any non-
RIN-generating foreign producer must comply with the requirements of
this section beginning on the effective date of the final rule or prior
to EPA acceptance, whichever is later.
0
59. Section 80.1468 is amended by:
0
a. in the first sentence of paragraph (a), removing ``this part'' and
adding ``this subpart'' in its place; and
0
b. revising paragraphs (b)(1), (3), (4), (5), (7), and (8) to read as
follows:

Sec.  80.1468  Incorporation by reference

* * * * *
    (b) * * *
    (1) ASTM D 1250-08 (Reapproved 2013) (``ASTM D 1250''), Standard
Guide for Use of the Petroleum Measurement Tables, Approved October 1,
2013; IBR approved for Sec.  80.1426(f)(8)(ii)(B).
* * * * *
    (3) ASTM D 4444-13 (``ASTM D 4444''), Standard Test Method for
Laboratory Standardization and Calibration of Hand-Held Moisture
Meters, Approved April 1, 2013; IBR approved for Sec.
80.1426(f)(7)(v)(B).
    (4) ASTM D 6751-15 (``ASTM D 6751''), Standard Specification for
Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, Approved
January 1, 2015, IBR approved for Sec.  80.1401.
    (5) ASTM D 6866-08 (``ASTM D 6866''), Standard Test Methods for
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples
Using Radiocarbon Analysis, Approved 2008; IBR approved for Sec. Sec.
80.1426(f)(9)(ii), 80.1430(e)(2), and 80.1433(c)(2).
* * * * *
    (7) ASTM E 870-82 (Reapproved 2006) (``ASTM E 870''), Standard Test
Methods for Analysis of Wood Fuels, Approved November 1, 2006; IBR
approved for Sec.  80.1426(f)(7)(v)(A).
    (8) ASTM D 975-15, Standard Specification for Diesel Fuel Oils,
Approved March 1, 2015; IBR approved for Sec. Sec.  80.1401,
80.1426(f), 80.1450(b), 80.1451(b), and 80.1454(l).
0
60. Section 80.1469 is amended by:
0
a. Revising paragraphs (c)(1)(ii), (vi), and (vii);
0
b. Adding paragraphs (c)(4)(iv) and (c)(6); and
0
c. Revising paragraphs (e)(3) and (4), (f)(1) introductory text, and
(f)(1)(i).
    The revisions and additions read as follows:

Sec.  80.1469  Requirements for Quality Assurance Plans.

* * * * *
    (c) * * *
    (1) * * *
    (ii) If applicable, plans under Sec.  80.1426(f)(5)(ii) are
accepted and up to date.
* * * * *
    (vi) Feedstock(s) and biointermediate(s) are consistent with
production process and D code being used as permitted under Table 1 to
Sec.  80.1426 or a petition approved through Sec.  80.1416, and is
consistent with information recorded in EMTS.
    (vii) Feedstock(s) and biointermediate(s) are not renewable fuel
for which RINs were previously generated.
* * * * *
    (4) * * *
    (iv) Verify that RINs that needed to be separated under Sec.
80.1429(b)(11) and RINs that must be retired under Sec.  80.1433 were
appropriately separated and retired, as applicable.
* * * * *
    (6) VRD-N components. In addition to applicable components
described in paragraphs (c)(1) through (4) of this section, the
independent third-party auditor shall perform the following for any
VRD-N prior to the generation of RINs from such volumes:
    (i)(A) Verify that the end-user(s) of any VRD-N have converted
vehicles and engines to use such fuel under an EPA-approved Clean
Alternative Fuel Conversion under 40 CFR part 85, subpart F, if
applicable.
    (B) Verify documentation demonstrating that end-user(s) can use
VRD-N as heating oil or jet fuel, if applicable.
    (ii) Verify that any VRD-N has been used by the end-user(s) of the
VRD-N as transportation fuel, heating oil, or jet fuel.
    (iii) Ensure that the VRD-N producer did not generate RINs for any
volume of VRD-N prior to verification by an independent third-party
auditor.
    (iv) Independent third-party auditors shall not use representative
sampling as described in paragraph (c)(5) of this section for the
verification of VRD-N.
* * * * *
    (e) * * *
    (3) A QAP is approved on the date that the EPA notifies the third-
party independent auditor of such approval or if all of the conditions
specified in Sec.  80.1450(g)(10) are met.
    (4) The EPA may revoke its approval of a QAP, in whole or in part
(e.g., QAP-specific feedstocks or process pathways), for cause,
including, but not limited to, an EPA determination that the approved
QAP has proven to be inadequate in practice.
* * * * *
    (f) * * *
    (1) A new QAP shall be submitted to the EPA according to paragraph
(e) of this section and the third-party auditor shall update their
registration according to Sec.  80.1450(g)(9) whenever any of the
following changes occur at a production facility audited by a third-
party independent auditor and the auditor does not possess an
appropriate pathway-specific QAP that encompasses the changes:
    (i) Change in feedstock, including biointermediates.
* * * * *
0
61. Section 80.1471 is amended by:
0
a. Revising paragraphs (b) introductory text, (b)(1), and (b)(4)
through (6);

0
b. Adding paragraphs (b)(8) through (14);
0
c. Revising paragraphs (e) introductory text and (e)(4); and
0
d. Adding paragraph (e)(5).
    The revisions and additions read as follows:

Sec.  80.1471  Requirements for QAP auditors.

* * * * *
    (b) To be considered an independent third-party auditor under this
section, all of the following conditions must be met:
    (1) The independent third-party auditor and its contractors and
subcontractors shall not be owned or 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.
* * * * *
    (4) The independent third-party auditor and its contractors and
subcontractors shall be free from any interest or the appearance of any
interest in the renewable fuel producer, foreign ethanol producer, or
biointermediate producer's business.
    (5) The renewable fuel producer, foreign ethanol producer, or
biointermediate producer shall be free from any interest or the
appearance of any interest in the third-party auditor's business and
the businesses of the third-party auditor's contractors and
subcontractors.
    (6) The independent third-party auditor and its contractors and
subcontractors shall not have performed an attest engagement under
Sec.  80.1464 for the renewable fuel producer, foreign ethanol
producer, or foreign renewable fuel producer in the same calendar year
it performed a QAP audit pursuant to Sec.  80.1472 for the same
entities.
* * * * *
    (8) The independent third-party auditor and its contractors and
subcontractors shall act impartially when performing all activities
under this section.
    (9) The independent third-party auditor and its contractors and
subcontractors shall be free from any interest in the renewable fuel
producer, foreign ethanol producer, or biointermediate producer's
business and receive no financial benefit from the outcome of the
registration, apart from payment for the auditing services.
    (10) The independent third-party auditor and its contractors and
subcontractors shall not have conducted past research, development,
design, construction, or consulting for the renewable fuel producer,
foreign ethanol producer, or biointermediate producer within the last
three years. For purposes of this requirement, consulting does not
include performing or participating in verification activities pursuant
to this section.
    (11) The independent third-party auditor and its contractors and
subcontractors shall not provide other business or consulting services
to the renewable fuel producer, foreign ethanol producer, or
biointermediate producer, including advice or assistance to implement
the findings or recommendations in an audit report, for a period of at
least three years following submission of the its final QAP audit.
    (12) The independent third-party auditor and its contractors and
subcontractors shall ensure that all personnel involved in the third-
party audit (including the verification activities) under this section
do not accept future employment with the owner or operator of the
renewable fuel producer, foreign ethanol producer, or biointermediate
producer for a period of at least three years. For purposes of this
requirement, employment does not include performing or participating in
the third-party audit (including the verification activities) pursuant
to Sec.  80.1472.
    (13) The independent third-party auditor and its contractors and
subcontractors shall have written policies and procedures to ensure
that the independent third-party auditor and all personnel under the
independent third-party auditor's direction or supervision comply with
the competency, independence, and impartiality requirements of this
section.
    (14) The independent third-party auditor and its contractors and
subcontractors shall not have performed an engineering review under
Sec.  80.1450(b)(2) for the renewable fuel producer, foreign ethanol
producer, or biointermediate producer.
* * * * *
    (e) The independent third-party auditor shall identify RINs
generated from a renewable fuel producer as having been verified under
a QAP.
* * * * *
    (4) The independent third-party auditor shall not identify RINs
generated from a renewable fuel producer as having been verified under
a QAP if a revised QAP must be submitted to and approved by EPA under
Sec.  80.1469(f).
    (5) The independent third-party auditor shall 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.
80.1476.
* * * * *
0
62. Section 80.1472 is amended by revising paragraphs (b)(3)(i)
introductory text, (b)(3)(ii)(B), and (b)(3)(iii) and adding paragraph
(b)(3)(v) to read as follows:

Sec.  80.1472  Requirements for quality assurance audits.

* * * * *
    (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, and
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.
* * * * *
    (v) Any on-site visit specified in paragraph (b)(3)(i) of this
section shall occur while the facility is producing renewable fuel,
undenatured ethanol, or a biointermediate. If the facility is not
operational at the time of the third-party on-site visit, then all of
the following requirements apply:
    (A) The responsible corporate officer for the renewable fuel
producer, foreign ethanol producer, or biointermediate producer must
provide the third-party auditor with a signed affidavit explaining why
the facility is not operational.
    (B) If the facility is not operational because of a maintenance
issue, the renewable fuel producer, foreign ethanol producer, or
biointermediate producer must provide the third-party auditor with
supporting written documentation of the maintenance issue.
    (C) The independent third-party auditor shall include the reason
why the facility was not operational in their

report under Sec.  80.1451(g)(2) and keep the related affidavit
pursuant to the recordkeeping requirements under Sec.  80.1454(m).
    (D) The independent third-party auditor shall not verify RINs for
the renewable fuel producer under Sec.  80.1471(e) until after an on-
site visit occurs while the facility is operational.
0
63. Section 80.1474 is amended by redesignating paragraph (g) as
paragraph (h) and adding a new paragraph (g) to read as follows:

Sec.  80.1474  Replacement requirements for invalidly generated RINs.

* * * * *
    (g) PIRs for RINs generated from a CCS pathway after a surface
leak. (1) Renewable fuel producers that generate RINs using a CCS
pathway must notify EPA via the EMTS support line<EMAIL_ADDRESS>within 24 hours of notification of the detection of any
occurrence of surface leakage from the geologic sequestration facility.
All RINs generated within the five years preceding the surface leak are
PIRs. Within 30 days, the producer shall submit to EPA a remediation
plan for EPA approval. The explanation must contain the following:
    (i) The date(s) the surface leak occurred.
    (ii) The facility identification number associated with the 40 CFR
part 98, subpart RR, annual GHG report of the geologic sequestration
facility.
    (iii) The facility identification number associated with the 40 CFR
part 98, subpart PP, annual GHG report of the renewable fuel production
facility.
    (iv) A detailed description of how the leak occurred.
    (v) The amount of CO2 that leaked.
    (vi) A description of corrective actions that when taken, would
remediate the surface leak.
    (vii) A list of all PIRs affected by the surface leak.
    (viii) The original calculated greenhouse gas emissions for each
affected batch of renewable fuel.
    (ix) The updated calculated greenhouse gas emissions for each
affected batch of renewable fuel that accounts for the surface leak.
    (x) A plan detailing how the RIN generator intends to remediate all
PIRs generated as a result of the surface leak.
    (xi) A demonstration from the renewable fuel producer that all
necessary steps are being taken to ensure there will be no
CO2 emissions through any potential surface leakage pathways
identified in an EPA-approved monitoring, reporting, and verification
plan as described in 40 CFR 98.448 that would cause the lifecycle
greenhouse gas emissions to exceed the threshold value required for the
approved pathway under Sec.  80.1416.
    (xii) Any other information requested by EPA.
    (2) If EPA determines that the surface leak has caused the PIR(s)
to be invalid, the PIR generator must retire the PIR or a valid RIN
following the requirements of paragraph (d) of this section within 30
days of notification by EPA.
* * * * *
0
64. Section 80.1475 is added to read as follows:

Sec.  80.1475  Requirements for biointermediate producers.

    Biointermediate producers shall comply with the following
requirements:
    (a) Registration. No later than the effective date of the final
rule, or 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 shall register with EPA pursuant
to the requirements of Sec.  80.1450(b).
    (b) Reporting. Beginning on the effective date of the final rule,
biointermediate producers shall comply with the reporting requirements
pursuant to Sec.  80.1451(i).
    (c) Recordkeeping. Beginning on the effective date of the final
rule, biointermediate producers shall comply with the recordkeeping
requirements pursuant to Sec.  80.1454(n).
    (d) PTDs. Beginning on the effective date of the final rule,
biointermediate producers shall comply with the PTD requirements
pursuant to Sec.  80.1453(e).
    (e) Quality Assurance Plans. Until January 1, 2018, or a later date
designated by EPA, biointermediate producers shall have an approved
quality assurance plan pursuant to Sec.  80.1476(b). Beginning January
1, 2018, or a later date designated by EPA, biointermediate produces
may have an approved quality assurance plan pursuant to Sec.
80.1476(b), but are not required to do so.
    (f) Attest engagements. Beginning on the effective date of the
final rule, biointermediate producers shall comply with the annual
attest engagement requirements pursuant to Sec.  80.1464(h).
    (g) Interim implementation facility limitation. (1) Until January
1, 2018, or a later date designated by EPA, a biointermediate producer
shall be limited to designating and transferring a biointermediate to a
single renewable fuel production facility.
    (2) Beginning January 1, 2018, or a later date designated by EPA, a
biointermediate producer may designate and transfer a biointermediate
to more than one renewable fuel production facility.
    (3) The EPA in its sole discretion may allow a biointermediate
producer to designate and transfer a biointermediate to more than one
renewable fuel production facility prior to January 1, 2018, or a later
date designated by EPA.
    (h) Batch numbers. Every batch of biointermediate produced or
imported at a biointermediate production facility shall be assigned a
number (the ``batch number''), consisting of the EPA-assigned company
registration number, the EPA 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 or imported 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.). An
alternative batch numbering protocol may be used as approved by the
Administrator.
    (i) Designation. Every batch of biointermediate produced or
imported at a biointermediate production facility shall 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 shall be clearly indicated
on PTDs for the biointermediate as described in Sec.  80.1453(e)(6).
0
65. Section 80.1476 is added to read as follows:

Sec.  80.1476  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 (g) through (h).
    (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, shall be conducted in
accordance with the requirements in Sec.  80.1472(a) and (b)(3).
    (d)(1) If a third-party auditor identifies a potentially improperly
produced biointermediate, the third-party auditor shall notify EPA, the
biointermediate producer, and any renewable fuel producers that may
have been transferred the biointermediate in writing 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 shall follow the identification and
treatment of PIR procedures 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
66. Section 80.1477 is added to read as follows:

Sec.  80.1477  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 approved 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 and/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 working
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 shall 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 promulgated thereunder shall 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 shall 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 shall 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 renewable fuel to the United States, the foreign biointermediate
producer shall 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 shall 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) Foreign biointermediate producer contractual relationship. Any
foreign biointermediate producer must establish a contractual
relationship with the RIN-generating renewable fuel producer prior to
the sale of a biointermediate. Any foreign biointermediate producer
must retain contracts and documents memorializing the sale of
biointermediates for five years from the date they were created, and
must deliver such records to the Administrator upon request.
    (g) 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.
    (h) 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 declaration:
    (i) ``I hereby certify:
    (A) 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;
    (B) 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
    (C) 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) I affirm that I have read and understand the provisions of 40
CFR part 80, subpart M, including 40 CFR 80.1465 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.''
    (i) Requirements for biointermediate importers. Any biointermediate
importer must meet all the following requirements:
    (1) For each biointermediate batch, any biointermediate importer
shall have an independent third party do all the following:
    (i) Determine the volume of biointermediate in the vessel.
    (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 vessel
used to transport the biointermediate to the United States.
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (2) Any biointermediate importer shall submit reports within 30
days following the date any vessel transporting biointermediate arrives
at the United States port of entry to all the following:
    (i) The Administrator, containing the information determined under
paragraph (h)(1) of this section.
    (ii) The foreign biointermediate producer, containing the
information determined under paragraph (h)(1) of this section, and
including identification of the port at which the product was
offloaded.
    (3) The biointermediate importer and the third-party auditor 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.
0
67. Section 80.1478 is added to read as follows:

Sec.  80.1478  Requirements for biogas producers.

    Biogas producers shall comply with the following requirements:
    (a) Registration. (1) No later than the effective date of the final
rule, or 60 days prior to the production of biogas for the generation
of RINs under Sec.  80.1426, biogas producers must register either as a
renewable fuel producer or a biointermediate producer pursuant to the
requirements of Sec.  80.1450(b).
    (2) No later than the effective date of the final rule, or 60 days
prior to the generation of RINs from biogas produced from a biogas
producer, whichever is later, biogas producers and the RIN generating
party must associate in the EPA's Central Data Exchange using forms and
procedures as prescribed by the Administrator.
    (3) Biogas producers must update their registrations as described
in Sec.  80.1450(d).
    (b) Recordkeeping. In addition to any records required to be
maintained under Sec.  80.1454(k), biogas producers must keep
applicable records related to the registration described in paragraph
(a) of this section pursuant to either Sec.  80.1454(b)(6) or (n)(4),
as applicable, for a period of five years from the date those records
were created.
    (c) RIN Generation. (1) Biogas producers that register as renewable
fuel producers must generate RINs in accordance with applicable
requirements in Sec.  80.1426 and satisfy all applicable requirements
in this subpart for renewable fuels producers.
    (2) Biogas producers that register as biointermediate producers
shall not generate RINs.
    (3) Renewable fuel producers shall only generate RINs for renewable
fuel produced from biogas sourced from a biogas producer that satisfies
the requirements of this section.
    (d) Reporting. (1) Biogas producers that register as renewable fuel
producers shall submit reports to the EPA as described in Sec.
80.1451(b) and (c), as applicable.
    (2) Biogas producers that register as biointermediate producers
shall submit reports to the EPA as described in Sec.  80.1451(i).
    (e) Attest Engagements. (1) Biogas producers that register as
renewable fuel producers shall comply with annual attest engagement
requirements as described in Sec.  80.1464(b).
    (2) Biogas producers that register as biointermediate producers
shall comply with annual attest engagement requirements as described in
Sec.  80.1464(h).
    (f) Quality Assurance Plans. Biogas producers that register as
biointermediate producers do not need to have quality assurance plans
as described in Sec.  80.1475(e).
    (g) Interim Implementation Facility Limitation. The interim
implementation facility limitation as described in Sec.  80.1475(g)
does not apply to biogas producers that register as biointermediate
producers.
    (h) Designation. Biogas produced by a biogas producer that has
registered as a

biointermediate producer must be designated as described in Sec.
80.1475(i).
    (i) Prohibited acts. Biogas producers are prohibited from the acts
described in Sec.  80.1460.
    (j) Liability. Biogas producers are liable for violations as
described in Sec.  80.1461(e).
0
68. Section 80.1479 is added to read as follows:

Sec.  80.1479  Requirements for VRD producers and blenders.

    (a) Requirements for VRD-N producers. (1) The VRD-N producer shall
generate RINs.
    (2) The VRD-N producer must satisfy all requirements specified in
this subpart for renewable fuel producers (including but not limited to
registration, recordkeeping, and reporting requirements).
    (3) RINs may only be generated for VRD-N after an independent
third-party auditor has verified the use of the fuel as transportation
fuel, heating oil, or jet fuel under an EPA-approved QAP as described
in Sec.  80.1469.
    (b) Requirements for VRD-B producers and VRD blenders. (1) Only
parties that are VRD blenders and are not VRD producers may generate
RINs for VRD-B.
    (2) RINs shall not be assigned to finished fuel, but shall be
treated as separated RINs immediately upon generation.
    (3) VRD blenders must satisfy all requirements specified in this
subpart for renewable fuel producers that are using a biointermediate
(including, but not limited to, registration, recordkeeping, and
reporting requirements). In applying such requirements, the facility at
which VRD-B is blended with petroleum diesel shall be considered the
renewable fuel production facility and the VRD-B producer shall be
considered the biointermediate producer.
    (4) VRD-B producers must satisfy the requirements of paragraph (c)
of this section.
    (c) Additional requirements for VRD-B producers. VRD-B producers
must meet the requirements in paragraphs (c)(1) through (11) of this
section. For the purposes of the other sections of this subpart
reference in this paragraph (c), VRD-B producers are considered to be
biointermediate producers.
    (1) Registration. No later than the effective date of this rule, or
60 days prior to the production of VRD-B, whichever is later, VRD-B
producers must register with the EPA in accordance with the provisions
in Sec.  80.1450(b) that apply to biointermediate producers.
    (2) Reporting. VRD-B producers shall submit reports to the EPA as
described in Sec.  80.1451(i).
    (3) Recordkeeping. VRD-B producers must keep records specified in
Sec.  80.1454(n) and any additional records referenced therein.
    (4) Product transfer documents. VRD-B producers shall comply with
the product transfer document requirements specified in Sec.
80.1453(e)(1) through (8). In addition, each PTD shall include the
following statement: ``This volume of viscous renewable diesel is
designated and intended for blending with petroleum diesel to produce
transportation fuel, heating oil or jet fuel.''
    (5) Attest engagements. VRD-B producers shall comply with the
annual attest engagement requirements specified in Sec.  80.1464(h).
    (6) Quality assurance plans. VRD-B producers must have quality
assurance plans as specified in Sec.  80.1475(e).
    (7) Interim implementation facility limitation. The interim
implementation facility limitation specified in Sec.  80.1475(g)
applies to VRD-B producers.
    (8) RIN generation. VRD-B producers are prohibited from generating
RINs for VRD-B.
    (9) Prohibited acts. VRD-B producers are prohibited from the acts
specified in Sec.  80.1460.
    (10) Liability. VRD-B producers are liable for violations specified
in Sec.  80.1461(e).
    (11) Exemption for producers of straight vegetable oil for use as a
feedstock. Producers of straight vegetable oil that is used as a
feedstock to produce biodiesel are not subject to the requirements of
this section.

Subpart N--Additional Requirements for Gasoline-Ethanol Blends,
Ethanol Flex Fuel, and Natural Gasoline Ethanol Flex Fuel
Blendstock

0
69. The subpart N heading is revised to read as set forth above.
0
70. Section 80.1500 is revised to read as follows:

Sec.  80.1500  Definitions.

    (a) Unless otherwise defined in paragraph (b) of this section, the
definitions in Sec.  80.2 apply to this subpart, including, but not
limited to, the definitions for the following terms:

Carrier (Sec.  80.2(t))
Conventional gasoline blendstock for oxygenate blending or CBOB (Sec.
80.2(aaaa))
Conventional gasoline (Sec.  80.2(ff))
Denatured fuel ethanol or DFE (Sec.  80.2(vvv))
Distributor (Sec.  80.2(l))
Ethanol blender (Sec.  80.2(v))
Ethanol flex fuel or EFF (Sec.  80.2(q))
Gasoline (Sec.  80.2(c))
Importer (Sec.  80.2(r))
Natural gasoline ethanol flex fuel blendstock (Sec.  80.2(aa))
Oxygenate blender (Sec.  80.2(mm))
Oxygenate blending facility (Sec.  80.2(ll))
Refiner (Sec.  80.2(i))
Refinery (Sec.  80.2(h))
Reformulated gasoline (Sec.  80.2(ee))
Reformulated gasoline blendstock for oxygenate blending or RBOB (Sec.
80.2(kk))
Retail outlet (Sec.  80.2(j))
Retailer (Sec.  80.2(k))
Wholesale purchaser-consumer (Sec.  80.2(o))

    (b) The following definitions apply for the purposes of this
subpart:
    Batch means a quantity of ethanol flex fuel or natural gasoline
ethanol flex fuel blendstock that is homogeneous with regard to those
properties that are specified for these fuels.
    Blender pump means a fuel dispenser at a blender pump-refinery.
    Blender pump-refiner means any person who owns, leases, operates,
controls, or supervises a blender pump-refinery.
    Blender pump-refinery means a retail outlet or wholesale purchaser-
consumer facility where, in the process of fueling a vehicle, engine,
or portable fuel container, certified E0, E10, or E15 is blended with
certified ethanol flex fuel to produce a fuel pursuant to the
requirements of Sec.  80.1523 (for ethanol flex fuel) or Sec.  80.1530
(for gasoline) and other provisions of this subpart.
    California ethanol flex fuel means ethanol flex fuel that meets the
requirements of Sec.  80.1558.
    Certified natural gasoline ethanol flex fuel blendstock means
natural gasoline ethanol flex fuel blendstock that has been certified
as meeting the standards and requirements in Sec.  80.1524.
    Crude oil refinery means a facility that refines gasoline and or
diesel fuel using crude oil as a feedstock.
    E0 means a gasoline that contains no ethanol.
    E10 means gasoline that contains at least 9 and no more than 10
volume percent ethanol.
    E15 means gasoline that contains greater than 10 volume percent
ethanol and no more than 15 volume percent ethanol.
    Ethanol flex fuel additive means any additive that is added to,
intended to be added to, used in, or offered for use in ethanol flex
fuel or in flex-fuel vehicle or engine fuel systems pursuant to the
provisions of Sec.  80.1525.

    Ethanol flex fuel additive manufacturer means any person who
produces, manufactures, or imports an ethanol flex fuel additive and/or
sells or imports for sale such additive under the person's own name.
    Ethanol flex fuel bulk blender-refiner means any person who owns,
leases, operates, controls, or supervises an ethanol flex fuel bulk
blender-refinery.
    Ethanol flex fuel bulk blender-refinery means any facility upstream
of a retail outlet or wholesale purchaser-consumer facility, including
but not limited to, a plant, tanker truck, or vessel where ethanol flex
fuel is produced by combining blendstocks pursuant to the provisions of
Sec.  80.1522 and other requirements in this subpart.
    Ethanol flex fuel full-refiner means any person who owns, leases,
operates, controls, or supervises an ethanol flex fuel full-refinery.
    Ethanol flex fuel full-refinery means any facility upstream of a
retail outlet or wholesale purchaser-consumer facility, including but
not limited to, a plant, tanker truck, or vessel where ethanol flex
fuel is produced by combining blendstocks pursuant to the provisions of
Sec.  80.1521 and other requirements in this subpart.
    Ethanol flex fuel import facility means any facility where ethanol
flex fuel is imported from a foreign country into the United States
(including the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands).
    Ethanol flex fuel importer means any person who owns, leases,
operates, controls, or supervises an ethanol flex fuel import facility.
    Ethanol flex fuel refiner means any person who owns, leases,
operates, controls, or supervises an ethanol flex fuel refinery.
    Ethanol flex fuel refinery means any facility, including but not
limited to, a plant, tanker truck, vessel, ethanol flex fuel retail
station, or wholesale purchaser-consumer facility where ethanol flex
fuel is produced, including any facility at which blendstocks are
combined to produce ethanol flex fuel pursuant to the requirements of
Sec.  80.1520 and other provisions of this subpart, including ethanol
flex fuel full-refineries, ethanol flex fuel bulk blender-refineries,
and blender pump-refineries.
    Ethanol flex fuel retail station means any establishment where
ethanol flex fuel is sold or offered for sale for use in flex-fuel
vehicles and flex-fuel engines.
    Ethanol importer means a person who brings denatured ethanol into
the United States (including from the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands)
for use in motor vehicles and nonroad engines.
    Ethanol producer means any person who owns, leases, operates,
controls, or supervises a facility that produces ethanol for use in
motor vehicles or nonroad engines.
    Flex-fuel engine has the same meaning as flexible-fuel engine as
defined in 40 CFR 1054.801.
    Flex-fuel vehicle has the same meaning as flexible fuel vehicle as
defined in 40 CFR 86.1803-01.
    Fuel dispenser means the apparatus used to dispense fuel into motor
vehicles or nonroad vehicles, engines or equipment, or into a portable
fuel container as defined at 40 CFR 59.680.
    Natural gas processing plant means a facility designed to ``clean''
raw natural gas by separating impurities and various non-methane
hydrocarbons and fluids to produce what is known as ``pipeline
quality'' dry natural gas. A gas processing plant is used to recover
natural gas liquids, including natural gasoline, and to remove other
substances such as sulfur and benzene as needed.
    Natural gasoline ethanol flex fuel blendstock importer means any
person who imports natural gasoline ethanol flex fuel blendstock is
imported from a foreign country into the United States (including the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands).
    Natural gasoline ethanol flex fuel blendstock refiner means any
person who owns, leases, operates, controls, or supervises a natural
gasoline ethanol flex fuel blendstock refinery.
    Natural gasoline ethanol flex fuel blendstock refinery means a
natural gas processing plant or crude oil refinery that produces
natural gasoline ethanol flex fuel blendstock.
    Survey series means the four quarterly surveys that comprise a
survey program.
    Sampling strata means the three types of areas sampled during a
survey which include the following:
    (i) Densely populated areas;
    (ii) Transportation corridors; and
    (iii) Remaining areas.
    Uncertified natural gasoline ethanol flex fuel blendstock means
natural gasoline ethanol flex fuel blendstock that meets the standards
and requirements in Sec.  80.1521(b)(5).
    Undenatured ethanol means an alcohol of the chemical formula
C2H6O that does not contain an ethanol denaturant
to make it unfit for human consumption.

Sec. Sec.  80.1502, 80.1503, 80.1504, 80.1505, 80.1506, 80.1507, and
80.1508  [Redesignated as Sec. Sec.  80.1561, 80.1563, 80.1504,
80.1565, 80.1566, 80.1567, and 80.1568]

0
71a. Sections 80.1502, 80.1503, 80.1504, 80.1505, 80.1506, 80.1507, and
80.1508 are redesignated as Sec. Sec.  80.1561, 80.1563, 80.1504,
80.1565, 80.1566, 80.1567, and 80.1568, respectively.

Sec.  80.1501   [Redesignated as Sec.  80.1502]

0
71b. Section 80.1501 is redesignated as section 80.1502.

Sec.  80.1509  [Redesignated as Sec.  80.1503]

0
71c. Section 80.1509 is redesignated as section 80.1503.
0
72. A new section 80.1501 is added to read as follows:

Sec.  80.1501  Fuels subject to the provisions of this subpart.

    (a) The following fuels are subject to the standards and
requirements of this subpart:
    (1) Reformulated and conventional gasoline, RBOB, and CBOB
(collectively called ``gasoline'' unless otherwise specified).
    (2) Any blendstock blended with PCG.
    (3) Oxygenates blended with gasoline, RBOB, or CBOB.
    (4) Ethanol flex fuel.
    (5) Certified and uncertified natural gasoline ethanol flex fuel
blendstock.
    (b) The following fuels are not subject to the standards and
requirements of this subpart:
    (1) Gasoline and ethanol flex fuel that is used to fuel aircraft,
racing vehicles, or racing boats that are used only in sanctioned
racing events, provided that the following requirements are met:
    (i) Product transfer documents associated with such gasoline and
ethanol flex fuel, and labels from any pump stand from which such
gasoline and ethanol flex fuel is dispensed, identify the gasoline and
ethanol flex fuel either as gasoline or ethanol flex fuel that is
restricted for use in aircraft, or as gasoline or ethanol flex fuel
that is restricted for use in racing motor vehicles or racing boats
that are used only in sanctioned racing events.
    (ii) The gasoline and ethanol flex fuel is completely segregated
from all other gasoline and ethanol flex fuel throughout production,
distribution, and sale to the ultimate consumer.
    (iii) The gasoline and ethanol flex fuel is not made available for
use as motor vehicle gasoline and ethanol flex fuel, or dispensed for
use in motor vehicles, except for motor vehicles used only in
sanctioned racing events.

    (2) California gasoline as defined in Sec.  80.1600 and subject to
the provisions of Sec.  80.1654.
    (3) California ethanol flex fuel as defined in Sec.  80.1500 and
subject to the provisions of Sec.  80.1558.
    (4) Gasoline and ethanol flex fuel that is exported for sale and
use outside the United States.
    (5) Exempt fuels under Sec. Sec.  80.1555 (national security
exemptions), 80.1556 (ethanol flex fuel used for research, development,
or testing purposes), and 80.1557 (ethanol flex fuel used in American
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands).
0
73. Newly redesignated section 80.1502 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraphs (b)(3)(i) and (b)(5)(i); and
0
c. Removing and reserving paragraph (b)(5)(ii).
    The revisions read as follows:

Sec.  80.1502  Labeling requirements that apply to retailers and
wholesale purchaser-consumers of gasoline that contains greater than 10
volume percent ethanol and not more than 15 volume percent ethanol.

* * * * *
    (b) * * *
    (3) * * *
    (i) The word ``ATTENTION'' shall be capitalized in 20-point, black,
Helvetica Neue LT 77 Bold Condensed font, and shall be placed in the
top 1.25 inches of the label as further described in paragraph
(b)(4)(iii) of this section.
* * * * *
    (5) * * *
    (i) A request for approval of an alternative label shall be sent to
the attention of ``E15 Alternative Label Request'' to the address in
Sec.  80.10(a).
* * * * *
0
74. Newly redesignated section 80.1503 is revised to read as follows:

Sec.  80.1503  Rounding a test result for purposes of this subpart.

    The provisions of Sec.  80.9 apply for purposes of determining the
ethanol content, sulfur content, benzene content, or Reid vapor
pressure (RVP) of any fuel, blendstock, or oxygenate subject to this
subpart.
0
75. A new section 80.1504 is added to read as follows:

Sec.  80.1504  Implementation dates and standards format for the
requirements for ethanol flex fuel and natural gasoline ethanol flex
fuel blendstock in this subpart.

    (a) Registration dates. (1) Any ethanol flex fuel full-refiner,
ethanol flex fuel importer, or ethanol flex fuel bulk blender-refiner
must register by November 1, 2017, or at least 60 days in advance of
the first date that such person will produce or import ethanol flex
fuel, whichever is later.
    (2) Any natural gasoline ethanol flex fuel blendstock refiner or
importer must register by October 1, 2017, or at least 60 days in
advance of the first date that such person will produce or import
certified natural gasoline ethanol flex fuel blendstock, whichever is
later.
    (b) Standards compliance dates. (1) Any ethanol flex fuel full-
refiner, ethanol flex fuel importer, or ethanol flex fuel bulk blender-
refiner must comply with the requirements of this subpart by January 1,
2018, or the first date that such person produces or imports ethanol
flex fuel, whichever is later. Such parties must also comply with the
RVP requirements in Sec.  80.1520(c) from May 1 through September 15
each year beginning May 1, 2018, through September 15, 2018.
    (2) Any blender pump-refiner must comply with the requirements of
this subpart by February 1, 2018, or the first date that such person
blends ethanol flex fuel, whichever is later. Such parties must also
comply with the RVP requirements in Sec.  80.1520(c) from June 1
through September 15 each year beginning June 1, 2018, through
September 15, 2018.
    (3) Any certified natural gasoline ethanol flex fuel blendstock
refiner or importer must comply with the requirements of this subpart
by December 1, 2017, or the first date that such person produces or
imports natural gasoline ethanol flex fuel blendstock, whichever is
later.
    (4) Any party in the ethanol flex fuel production and distribution
system except for retail and wholesale purchaser consumer facilities
must comply with the RVP requirements in Sec.  80.1520(c) from May 1
through September 15 each year beginning May 1, 2018, through September
15, 2018.
    (5) Any ethanol flex fuel retail or wholesale purchaser consumer
facility must comply with the RVP requirements in Sec.  80.1520(c) from
June 1 through September 15 each year beginning June 1, 2018, through
September 15, 2018.
    (c) Standards format--(1) Annual average standards. (i) An annual
average standard is the maximum average level allowed for ethanol flex
fuel produced at a refinery or imported by an importer during each
calendar year beginning on the date specified in paragraph (b) of this
section.
    (ii) For annual average standards, the averaging period is a
calendar year (January 1 through December 31) or any part thereof
during which ethanol flex fuel is produced, imported, sold, offered for
sale, dispensed, supplied, offered for supply, stored, or transported
for use.
    (2) Per-gallon cap standards. A per-gallon cap standard is the
maximum level allowed for any batch of ethanol flex fuel produced,
imported, sold, offered for sale, dispensed, supplied, offered for
supply, stored, or transported or any batch of certified natural
gasoline ethanol flex fuel blendstock used or made available for use to
produce ethanol flex fuel beginning on the date specified in paragraph
(b) of this section.
    (3) RVP standards. The RVP standard is the maximum RVP level
allowed for any batch of ethanol flex fuel produced, imported, sold,
offered for sale, dispensed, supplied, offered for supply, stored, or
transported or any batch of certified natural gasoline ethanol flex
fuel blendstock used or made available for use to produce ethanol flex
fuel beginning on the date specified in paragraph (b) of this section.
    (4) T90 distillation point and final distillation point. The T90
distillation point and final distillation point standards are the
maximum T90 distillation point and final distillation point allowed for
any batch of natural gasoline ethanol flex fuel blendstock used or made
available for use to produce ethanol flex fuel beginning on the date
specified in paragraph (b) of this section.
    (5) Elemental composition requirements. The elemental composition
requirements apply to any batch of ethanol flex fuel produced,
imported, sold, offered for sale, dispensed, supplied, offered for
supply, stored, or transported or any batch of certified natural
gasoline ethanol flex fuel blendstock used or made available for use to
produce ethanol flex fuel beginning on the date specified in paragraph
(b) of this section.

Sec. Sec.  80.1505-80.1519  [Reserved]

0
76. Reserved Sec. Sec.  80.1505 through 80.1519 are added.
0
77. Section 80.1520 is added to read as follows:

Sec.  80.1520   Standards for ethanol flex fuel.

    (a) Applicability. All ethanol flex fuel shall meet the
requirements of this section beginning on the date specified in Sec.
80.1504(b), unless otherwise provided in this subpart.
    (b) Sulfur, benzene, and elemental composition standards--(1)
Sulfur content--(i) Annual average standard. (A) For all ethanol flex
fuel, the annual average sulfur standard is a maximum of 10.00 ppm.
    (B) [Reserved]

    (ii) Per-gallon cap standard. (A) For ethanol flex fuel produced by
an ethanol flex fuel full-refiner, the sulfur per-gallon cap standard
is a maximum of 80 ppm.
    (B) For all other ethanol flex fuel, the sulfur per-gallon cap
standard is a maximum of 95 ppm.
    (2) Benzene content--(i) Annual average standard. (A) For all
ethanol flex fuel, the annual average benzene standard is a maximum of
0.62 volume percent.
    (B) [Reserved]
    (ii) [Reserved]
    (3) Elemental composition requirement. All ethanol flex fuel shall
be composed solely of carbon, hydrogen, oxygen, nitrogen, and/or
sulfur, unless a waiver has been granted under 42 U.S.C. 7545(f)(4).
    (c) RVP standard. Except for ethanol flex fuel produced by a
blender pump-refiner satisfying the requirements of Sec.  80.1523, no
person may sell, offer for sale, dispense, supply, offer for supply,
transport or introduce into commerce ethanol flex fuel that does not
comply with the applicable RVP standard as specified in Sec.  80.1531.
0
78. Section 80.1521 is added to read as follows:

Sec.  80.1521  Requirements for ethanol flex fuel produced by ethanol
flex fuel full-refiners or imported by ethanol flex fuel importers.

    (a) Applicability. Any ethanol flex fuel full-refiner or ethanol
flex fuel importer shall demonstrate compliance with the standards in
Sec.  80.1520 by complying with the requirements of this section for
all ethanol flex fuel that they produce or import beginning on the date
specified in Sec.  80.1504(b). This section does not apply to ethanol
flex fuel bulk blender-refiners meeting the requirements in Sec.
80.1522 and ethanol flex fuel blender pump-refiners meeting the
requirements is Sec.  80.1523.
    (b) Ethanol flex fuel composition. Ethanol flex fuel full-refiners
and ethanol flex fuel importers may only produce ethanol flex fuel
using the following components:
    (1) Ethanol that meets the requirements of paragraph (b)(1)(i) or
(b)(1)(ii) of this section, as applicable.
    (i) Denatured fuel ethanol that meets the requirements of Sec.
80.1610.
    (ii) Undenatured ethanol at an ethanol production facility that has
a sulfur content not greater than 10 ppm and is composed solely of
carbon, hydrogen, nitrogen, oxygen, and sulfur unless a waiver has been
granted under 42 U.S.C. 7545(f)(4).
    (2) For ethanol flex fuel sold, offered for sale, dispensed,
supplied, or offered for supply in areas other than the reformulated
gasoline areas described in Sec.  80.70:
    (i) Conventional gasoline or CBOB that meets the applicable
requirements of this part, including subparts L and O.
    (ii) Reformulated gasoline or RBOB that meets the applicable
requirements of this part, including subparts D, L, and O.
    (3) For ethanol flex fuel sold, offered for sale, dispensed,
supplied, or offered for supply in the reformulated gasoline areas
described in Sec.  80.70:
    (i) Reformulated gasoline or RBOB that meets the applicable
requirements of this part, including subparts D, L, and O.
    (ii) [Reserved]
    (4) Certified natural gasoline ethanol flex fuel blendstock that
meets the requirements of Sec.  80.1524.
    (5) Uncertified natural gasoline ethanol flex fuel blendstock that
meets the following requirements:
    (i) RVP standard. (A) The maximum RVP standard for uncertified
natural gasoline ethanol flex fuel blendstock is 15.0 psi.
    (B) Compliance with the RVP standard in paragraph (b)(5)(i)(A) of
this section shall be determined by sampling and testing each batch of
uncertified natural gasoline ethanol flex fuel blendstock pursuant to
Sec.  80.1553(g).
    (ii) T90 distillation point and final distillation point. (A) The
per-gallon T90 distillation point for uncertified natural gasoline
ethanol flex fuel blendstock shall be no higher than 135 [deg]C (275
[deg]F). The per-gallon final distillation point for uncertified
natural gasoline ethanol flex fuel blendstock shall be no higher than
190 [deg]C (375 [deg]F).
    (B) Compliance with the T90 distillation point and final
distillation point standards in paragraph (b)(5)(ii)(A) of this section
shall be determined by sampling and testing each batch pursuant to
Sec.  80.1553(h).
    (iii) Elemental composition requirements. (A) All uncertified
natural gasoline ethanol flex fuel blendstock shall be composed solely
of carbon, hydrogen, oxygen, nitrogen, and/or sulfur, unless a waiver
has been granted under 42 U.S.C. 7545(f)(4).
    (B) To demonstrate compliance with the elemental composition
requirements in paragraph (b)(5)(iii)(A) of this section, the
uncertified natural gasoline ethanol flex fuel blendstock must have
been produced from a processing unit (e.g., a distillation tower or
desulfurization unit) at a natural gas processing plant or crude oil
refinery and must not contain any additives that are composed of
elements other than carbon, hydrogen, oxygen, nitrogen, and sulfur.
    (6) The combined concentration of certified and uncertified natural
gasoline ethanol flex fuel blendstock blended to produce ethanol flex
fuel must not exceed 30 volume percent. This 30 volume percent cap on
the amount of natural gasoline that may be blended to produce ethanol
flex fuel is in addition to the amount of natural gasoline that may be
added to denature the denatured fuel ethanol used as an ethanol flex
fuel blendstock pursuant to the requirements of Sec.  80.1610(a)(4).
    (7) Ethanol flex fuel additives that meet the requirements of Sec.
80.1525.
    (c) Sulfur content--(1) Annual average standard. Compliance with
the annual average sulfur content standard in Sec.  80.1520(b)(1)(i)
shall be determined by sampling and testing each batch of ethanol flex
fuel pursuant to Sec.  80.1553(e) and calculating the annual average
sulfur level in accordance with paragraph (c)(3) of this section.
    (2) Calculation of the annual average sulfur level. (i) The annual
ethanol flex fuel refinery or ethanol flex fuel import facility average
ethanol flex fuel sulfur level is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP16NO16.005

Where:

Sa = The ethanol flex fuel refinery or ethanol flex fuel
import facility annual average sulfur level, in ppm (mg/kg).
Vi = The volume of ethanol flex fuel produced or imported
in batch i, in gallons.
Si = The sulfur content of batch i determined using the
procedure specified in Sec.  80.1553(e), in ppm (mg/kg).
n = The number of batches of ethanol flex fuel produced or imported
during the averaging period.
i = Individual batch of ethanol flex fuel produced or imported
during the averaging period.

    (ii) The annual average sulfur level calculation in paragraph
(c)(2)(i) of this section shall be conducted to two decimal places
using the rounding procedure specified in Sec.  80.1503.
    (3) Per-gallon cap standard. Compliance with the sulfur per-gallon
cap standard in Sec.  80.1520(b)(1)(ii)(A) shall be determined by
sampling and testing each batch of ethanol flex fuel pursuant to Sec.
80.1553(e).
    (d) Benzene content--(1) Benzene compliance. Compliance with the
annual average benzene content standard in Sec.  80.1520(b)(2)(i) shall
be determined by sampling and testing each batch of ethanol flex fuel
pursuant to Sec.  80.1553(f) and calculating the annual average benzene
level in

accordance with paragraph (d)(2) of this section.
    (2) Calculation of the annual average benzene level. (i) The annual
ethanol flex fuel refinery or ethanol flex fuel import facility average
ethanol flex fuel benzene level is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP16NO16.006

Where:

Ba = The ethanol flex fuel refinery or ethanol flex fuel
import facility annual benzene level, in volume percent.
Vi = The volume of ethanol flex fuel produced or imported
in batch i, in gallons.
Bi = The benzene content of batch i determined using the
procedure specified in Sec.  80.1553(f), in volume percent.
n = The number of batches of ethanol flex fuel produced or imported
during the averaging period.
i = Individual batch of ethanol flex fuel produced or imported
during the averaging period.

    (ii) The annual benzene level calculation in paragraph (d)(2)(i) of
this section shall be conducted to two decimal places using the
rounding procedure specified in Sec.  80.1503.
    (e) Elemental composition compliance. Compliance with the elemental
composition standard in Sec.  80.1520(b)(3) shall be demonstrated by
maintaining records to demonstrate that the only blend components used
are compliant with the requirements of paragraph (b) of this section
pursuant to the recordkeeping requirements of Sec.  80.1552(a).
    (f) RVP standard compliance. Compliance with the applicable RVP
standard in Sec.  80.1520(c) shall be determined by sampling and
testing each batch of ethanol flex fuel pursuant to Sec.  80.1553(g).
    (g) Batch numbering. Every batch of ethanol flex fuel produced by
an ethanol flex fuel full-refiner or imported by an ethanol flex fuel
importer shall be assigned a number (the ``batch number''), consisting
of the EPA-assigned ethanol flex fuel refiner or ethanol flex fuel
importer registration number, the EPA 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 or imported 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.).
0
79. Section 80.1522 is added to read as follows:

Sec.  80.1522  Requirements for ethanol flex fuel produced by ethanol
flex fuel bulk blender-refiners.

    (a) Applicability. Any ethanol flex fuel bulk blender-refiner may
choose to demonstrate compliance with the standards of Sec.  80.1520 by
complying with the requirements of this section for all ethanol flex
fuel that they produce beginning on the date specified in Sec.
80.1504(b).
    (b) Ethanol flex fuel composition. Ethanol flex fuel bulk blender-
refiners may only produce ethanol flex fuel using the following
components:
    (1) Ethanol that meets the requirements of paragraph (b)(1)(i) or
(ii) of this section, as applicable.
    (i) Denatured fuel ethanol that meets the requirements of Sec.
80.1610.
    (ii) Undenatured ethanol at an ethanol production facility that has
a sulfur content not greater than 10 ppm and is composed solely of
carbon, hydrogen, nitrogen, oxygen, and sulfur unless a waiver has been
granted under 42 U.S.C. 7545(f)(4).
    (2) For ethanol flex fuel sold, offered for sale, dispensed,
supplied, or offered for supply in areas other than the reformulated
gasoline areas described in Sec.  80.70:
    (i) Conventional gasoline or CBOB that meets the applicable
requirements of this part, including subparts L and O.
    (ii) Reformulated gasoline or RBOB that meets the applicable
requirements of this part, including subparts D, L, and O.
    (3) For ethanol flex fuel sold, offered for sale, dispensed,
supplied, or offered for supply in the reformulated gasoline areas
described in Sec.  80.70:
    (i) Reformulated gasoline or RBOB that meets the applicable
requirements of this part, including subparts D, L, and O.
    (ii) [Reserved]
    (4) Certified natural gasoline ethanol flex fuel blendstock that
meets the requirements of Sec.  80.1524. The concentration of certified
natural gasoline ethanol flex fuel blendstock blended to produce
ethanol flex fuel shall be limited to 30 volume percent. This 30 volume
percent cap on the amount of natural gasoline that may be blended to
produce ethanol flex fuel is in addition to the amount natural gasoline
that may be added to denature the denatured fuel ethanol used as an