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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Proposed Rules
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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
80.1478 apply to NAME OF FOREIGN
BIOINTERMEDIATE PRODUCER.
Pursuant to Clean Air Act section 113c 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 must have an independent third party do all the following:
i Determine the volume of biointermediate in the truck, railcar, vessel, or other shipping container.
ii Determine the name and EPAassigned registration number of the foreign biointermediate producer that produced the biointermediate.

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iii Determine the name and country of registration of the truck, railcar, vessel, or other shipping container used to transport the biointermediate to the United States.
iv Determine the date and time the truck, railcar, vessel, or other shipping container arrives at the United States port of entry.
2 Any biointermediate importer must submit documentation of the information determined under paragraph i1 of this section within 30
days following the date any truck, railcar, vessel, or other shipping container transporting biointermediate arrives at the United States port of entry to all the following:
i The foreign biointermediate producer.
ii The renewable fuel producer.
3 The biointermediate importer and the independent third party must keep records of the audits and reports required under paragraphs h1 and 2
of this section for five years from the date of creation.
PART 1090REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS
36. The authority citation for part 1090 continues to read as follows:

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

Subpart AGeneral Provisions 37. Amend 1090.15 by:
a. In paragraph a, removing b and c and adding b through d in its place;
b. In paragraph c introductory text, removing section and adding part in its place;

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c. Redesignating paragraph d as paragraph e;
d. Adding a new paragraph d; and e. In newly redesignated paragraph e, removing b and c and adding b through d in its place.
The addition reads as follows:

1090.15 Confidential business information.

d1 The following information contained in any enforcement action taken under this part is not entitled to confidential treatment under 40 CFR
part 2, subpart B:
i The companys name.
ii The facilitys name.
iii Any EPA-issued company and facility identification numbers.
iv The time or time period when any violation occurred.
v The quantity of fuel, fuel additive, or regulated blendstock affected by the violation.
vi Information relating to the exceedance of the fuel standard associated with the violation.
vii Information relating to the generation, transfer, or use of credits associated with the violation.
viii Any other information relevant to describing the violation.
2 Enforcement actions within the scope of paragraph d1 of this section include notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments.

FR Doc. 202126839 Filed 122021; 8:45 am BILLING CODE 656050P

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