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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Proposed Rules 80.130 and adding 40 CFR
1090.1800 through 1090.1850 in its place;
b. Revising the first sentence of paragraph d1 and paragraph d3;
and c. In paragraph d4, removing 80.127 and adding 40 CFR
1090.1805 in its place.
The revisions read as follows:
80.1475 What are the additional attest engagement requirements for parties that redesignate certified NTDF as MVNRLM
diesel fuel?

d
1 For each of the volumes listed in paragraphs c1iii through vi of this section, obtain a separate listing of all tenders from the refiner or importer for the reporting period.

3 Agree the volume totals on the listing to the tender volume total in the inventory reconciliation analysis obtained in paragraph c of this section.

33. Section 80.1476 is added to read as follows:

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80.1476 Requirements for biointermediate producers.

Biointermediate producers must comply with the following requirements:
a Registration. No later than 60 days prior to the transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated, biointermediate producers must register with EPA pursuant to the requirements of 80.1450b.
b Reporting. Biointermediate producers must comply with the reporting requirements pursuant to 80.1451i.
c Recordkeeping. Biointermediate producers must comply with the recordkeeping requirements pursuant to 80.1454i.
d PTDs. Biointermediate producers must comply with the PTD
requirements pursuant to 80.1453e.
e Quality Assurance Plans. Prior to the transfer of any biointermediate to be used in the production of a renewable fuel for which RINs may be generated, biointermediate producers must have an approved quality assurance plan pursuant to 80.1477b and the independent third-party auditor must have conducted a site visit of the biointermediate production facility under 80.1472.
f Attest engagements.
Biointermediate producers must comply with the annual attest engagement requirements pursuant to 80.1464h.

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g Limitations on biointermediate transfers and production. 1 A
biointermediate producer must only transfer a biointermediate produced from a single biointermediate facility to a single renewable fuel production facility as designated under 80.1450b1iiG1.
2 A batch of biointermediate must be segregated from other batches of biointermediate even if it is the same type of biointermediate and other feedstocks from the point that the batch of biointermediate is produced to the point where the batch of biointermediate is received at the renewable fuel production facility designated under 80.1450b1iiG1.
3 Renewable fuel producers that receive biointermediate at a renewable fuel production facility may not be a biointermediate producer.
4 A biointermediate must not be used to make another biointermediate.
h Batch numbers and volumes. 1
Each batch of biointermediate produced at a biointermediate production facility must be assigned a number the batch number, consisting of the EPAassigned company registration number, the EPA-assigned facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced each calendar year and each subsequent batch during the calendar year being assigned the next sequential number e.g., 432154321
95000001, 43215432195000002, etc..
2 The volume of each batch of biointermediate must be adjusted to a standard temperature of 60 F.
i Designation. Each batch of biointermediate produced at a biointermediate production facility must be designated for use in the production of a renewable fuel in accordance with the biointermediate producers registration under 80.1450.
The designation for the batch of biointermediate must be clearly indicated on PTDs for the biointermediate as described in 80.1453e6.
34. Section 80.1477 is added to read as follows:
80.1477 Requirements for QAPs for biointermediate producers.

a Independent third-party auditors that verify biointermediate production must meet the requirements of 80.1471a through c and f through h, as applicable.
b QAPs approved by EPA to verify biointermediate production must meet
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the requirements in 80.1469c through f, as applicable.
c Quality assurance audits, when performed, must be conducted in accordance with the requirements in 80.1472a and b3.
d1 If an independent third-party auditor identifies a potentially improperly produced biointermediate, the independent third-party auditor must notify EPA, the biointermediate producer, and the renewable fuel producer that may have been transferred the biointermediate within five business days of the identification, including an initial explanation of why the biointermediate may have been improperly produced.
2 If RINs were generated from the potentially improperly produced biointermediate, the RIN generator must follow the applicable identification and treatment of PIRs as specified in 80.1474.
e For the generation of QRINs 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 80.1469.
35. Section 80.1478 is added to read as follows:
80.1478 Requirements for foreign biointermediate producers and importers.

a Foreign biointermediate producer.
For purposes of this subpart, a foreign biointermediate producer is a person located outside the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands collectively referred to in this section as the United States that has been approved by EPA to produce biointermediate for use in the production of renewable fuel by a RINgenerating 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
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