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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Proposed Rules
use a representative sample of batches of renewable fuel or biointermediate in accordance with the procedures described in 40 CFR 1090.1805 for all components of this paragraph c except for paragraphs c1ii and iii, c2ii, c3vi, and c4ii and iii of this section. If a facility produces both a renewable fuel and a biointermediate, the independent thirdparty auditor must select separate representative samples for the renewable fuel and biointermediate.

f
1 A new QAP must be submitted to EPA according to paragraph e of this section and the independent third-party auditor must update their registration according to 80.1450g9 whenever any of the following changes occur at a renewable fuel or biointermediate production facility audited by an independent third-party auditor and the auditor does not possess an appropriate pathway-specific QAP that encompasses the change:
i Change in feedstock or biointermediates.
ii Change in type of fuel or biointermediate produced.
iii Change in facility operations or equipment that may impact the capability of the QAP to verify that RINs are validly generated or biointermediates are properly produced.
2 A QAP ceases to be valid as the basis for verifying RINs or a biointermediate under a new pathway until a new pathway-specific QAP, submitted to the EPA under this paragraph f, is approved pursuant to paragraph e of this section.
28. Amend 80.1471 by:
a. Revising paragraphs b1, 4, 5, and 6 and c;
b. Adding paragraph e5; and c. Revising paragraphs f1
introductory text, f1ii, and g.
The revisions and addition read as follows:
80.1471

Requirements for QAP auditors.

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b
1 The independent third-party auditor and its contractors and subcontractors must not be owned or operated by the renewable fuel producer, foreign renewable fuel producer, or biointermediate producer or any subsidiary or employee of the renewable fuel producer, foreign ethanol producer, or biointermediate producer.

4 The independent third-party auditor and its contractors and
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subcontractors must be free from any interest or the appearance of any interest in the renewable fuel producer, foreign renewable fuel producer, or biointermediate producers business.
5 The renewable fuel producer, foreign renewable fuel producer, or biointermediate producer must be free from any interest or the appearance of any interest in the third-party auditors business and the businesses of thirdparty auditors contractors and subcontractors.
6 The independent third-party auditor and its contractors and subcontractors must not have performed an attest engagement under 80.1464
for the renewable fuel producer, foreign renewable fuel producer, or biointermediate producer in the same calendar year as a QAP audit conducted pursuant to 80.1472.

c Independent third-party auditors must maintain professional liability insurance, as defined in 31 CFR 50.4t.
Independent third-party auditors must use insurance providers that possess a financial strength rating in the top four categories from Standard & Poors or Moodys i.e., AAA, AA, A or BBB for Standard & Poors and Aaa, Aa, A, or Baa for Moodys, or a comparable rating acceptable to EPA. Independent thirdparty auditors must disclose the level of professional liability insurance they possess when entering into contracts to provide RIN verification services.

e
5 The independent third-party auditor must not identify RINs generated for renewable fuel produced using a biointermediate as having been verified under a QAP unless the biointermediate used to produce the renewable fuel was verified under an approved QAP pursuant to 80.1477.
f1 Except as specified in paragraph f2 of this section, auditors may only verify RINs that have been generated after the audit required under 80.1472
has been completed. Auditors may only verify biointermediates that were produced after the audit required under 80.1472 has been completed. Auditors must only verify RINs generated from renewable fuels produced from biointermediates after the audit required under 80.1472 has been completed for both the biointermediate production facility and the renewable fuel production facility.

ii Verification of RINs or biointermediates may continue for no more than 200 days following an on-site visit or 380 days after an on-site visit if
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a previously the EPA-approved remote monitoring system is in place at the renewable fuel production facility.

g The independent third-party auditor must permit any representative of the EPA to monitor at any time the implementation of QAPs and renewable fuel and biointermediate production facility audits.

29. Amend 80.1472 by revising paragraphs a4, b3i introductory text, b3iiB, and b3iii to read as follows:
80.1472 Requirements for quality assurance audits.

a
4 Each audit shall include a review of documents generated by the renewable fuel producer or biointermediate producer.
b
3
i As applicable, the independent third-party auditor shall conduct an onsite visit at the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility:

ii
B 380 days after the previous on-site visit if a previously approved by EPA
remote monitoring system is in place at the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility, as applicable. The 380-day period shall start the day after the previous on-site visit ends.
iii An on-site visit shall include verification of all QAP elements that require inspection or evaluation of the physical attributes of the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility, as applicable.

80.1473

Amended
30. Amend 80.1473 by, in the first sentence of paragraph f, removing support@epamts-support.com and adding fuelsprogramsupport@epa.gov in its place.

80.1474

Amended
31. Amend 80.1474 by, in paragraphs b2 introductory text, b3, b4iC introductory text, and b4iiC introductory text, removing support@epamts-support.com and adding fuelsprogramsupport@epa.gov in its place.
32. Amend 80.1475 by:
a. In paragraph a2, removing 80.125 through 80.127 and

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