§ 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 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 registered 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 or delivered to renewable fuel production facilities.
(B) Transfers of title or custody to the biointermediate.