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(a) Prohibited acts. (1) It is a prohibited act for any person to act in violation of this subpart or fail to meet a requirement that applies to that person under this subpart.
(2) No person may cause another person to commit an act in violation of this subpart.
(b) Liability provisions —(1) General. (i) Any person who commits any prohibited act or requirement in this subpart is liable for the violation.
(ii) Any person who causes another person to commit a prohibited act under this subpart is liable for that violation.
(iii) Any parent corporation is liable for any violation committed by any of its wholly-owned subsidiaries.
(iv) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or any violation of this subpart that is committed by the joint venture operation or any of the joint owners of the facility.
(v) Any person listed in paragraphs (b)(2) through (4) of this section is liable for any violation of a prohibition specified in paragraph (a) of this section or failure to meet a requirement of any provision of this subpart regardless of whether the person violated or caused the violation unless the person establishes an affirmative defense under §80.180.
(vi) The liability provisions of §80.1461 also apply to any person subject to the provisions of this subpart.
(2) Biogas liability. When biogas is found in violation of a prohibition specified in paragraph (a) of this section or §80.1460, the following persons are deemed in violation:
(i) The biogas producer that produced the biogas.
(ii) Any RNG producer that used the biogas to produce RNG.
(iii) Any biointermediate producer that used the biogas to produce a biointermediate.
(iv) Any person that used the biogas, RNG produced from the biogas, or biointermediate produced from the biogas to produce a biogas-derived renewable fuel.
(v) Any person that generated a RIN from a biogas-derived renewable fuel produced from the biogas, RNG produced from the biogas, or biointermediate produced from the biogas.
(vi) Any person that used the biogas or RNG produced from the biogas as process heat or energy under §80.1426(f)(12) or (13).
(3) RNG liability. When RNG is found in violation of a prohibition specified in paragraph (a) of this section or §80.1460, the following persons are deemed in violation:
(i) The biogas producer that produced the biogas used to produce the RNG.
(ii) The RNG producer that produced the RNG.
(iii) Any person that used the RNG as a feedstock.
(iv) Any person that used the RNG as process heat or energy under §80.1426(f)(12) or (13).
(v) Any person that generated a RIN from a biogas-derived renewable fuel produced from the RNG or biointermediate produced from the RNG.
(4) Third-party liability. Any party allowed under this subpart to act on behalf of a regulated party and does so to demonstrate compliance with the requirements of this subpart must meet those requirements in the same way that the regulated party must meet those requirements. The regulated party and the third party are both liable for any violations arising from the third party's failure to meet the requirements of this subpart.
[88 FR 44562, July 12, 2023]