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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Proposed Rules
audits of the foreign biointermediate producer facility.
i Inspections and audits may be either announced in advance by EPA, or unannounced.
ii Access will be provided to any location where:
A Biointermediate is produced.
B Documents related to foreign biointermediate producer operations are kept.
C Biointermediate is stored or transported between the foreign biointermediate producer and the renewable fuel producer, including storage tanks, vessels, and pipelines.
iii EPA inspectors and auditors may be EPA employees or contractors to EPA.
iv Any documents requested that are related to matters covered by inspections and audits must be provided to an EPA inspector or auditor on request.
v Inspections and audits may include review and copying of any documents related to the following:
A The volume of biointermediate produced or delivered to renewable fuel production facilities.
B Transfers of title or custody to the biointermediate.
C Work performed and reports prepared by independent third parties and by independent auditors under the requirements of this section, including work papers.
vi Inspections and audits by EPA
may include interviewing employees.
vii Any employee of the foreign biointermediate producer must be made available for interview by the EPA
inspector or auditor, on request, within a reasonable time period.
viii English language translations of any documents must be provided to an EPA inspector or auditor, on request, within 10 business days as defined in 40
CFR 1090.80.
ix English language interpreters must be provided to accompany EPA
inspectors and auditors, on request.
2 An agent for service of process located in the District of Columbia must be named, and service on this agent constitutes service on the foreign biointermediate producer or any employee of the foreign biointermediate producer for any action by EPA or otherwise by the United States related to the requirements of this subpart.
3 The forum for any civil or criminal enforcement action related to the provisions of this section for violations of the Clean Air Act or regulations in this title promulgated thereunder must be governed by the Clean Air Act, including the EPA administrative forum where allowed under the Clean Air Act.

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4 United States substantive and procedural laws apply to any civil or criminal enforcement action against the foreign biointermediate producer or any employee of the foreign biointermediate producer related to the provisions of this section.
5 Applying to be an approved foreign biointermediate producer under this section, or producing or exporting biointermediate under such approval, and all other actions to comply with the requirements of this subpart relating to such approval constitute actions or activities covered by and within the meaning of the provisions of 28 U.S.C.
1605a2, 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 113c2 of the Clean Air Act 42 U.S.C. 7413.
6 The foreign biointermediate producer, or its agents or employees, will not seek to detain or to impose civil or criminal remedies against EPA
inspectors or auditors for actions performed within the scope of EPA
employment or contract related to the provisions of this section.
7 The commitment required by this paragraph c must be signed by the owner or president of the foreign biointermediate producer company.
8 In any case where the biointermediate produced at a foreign biointermediate production facility is stored or transported by another company between the production facility and the vessel that transports the biointermediate to the United States, the foreign biointermediate producer must obtain from each such other company a commitment that meets the requirements specified in paragraphs c1 through 7 of this section, and these commitments must be included in the foreign biointermediate producers 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
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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 113c2 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 RINgenerating 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 producers 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 c1 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 persons immediate designee, and must contain the following declarations:
i I hereby certify:
A That I have actual authority to sign on behalf of and to bind NAME OF

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