['Air Programs']
['Mobile Emission Sources']
08/11/2023
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(a) QAP audits conducted pursuant to §80.1472 must be conducted by an independent third-party auditor.
(b) To be considered an independent third-party auditor under paragraph (a) of this section, all the following conditions must be met:
(1) The independent third-party auditor and its contractors and subcontractors must not be owned or operated by the audited party or any subsidiary or employee of the audited party.
(2) The independent third-party auditor and its contractors and subcontractors shall not be owned or operated by an obligated party or any subsidiary or employee of an obligated party.
(3) The independent third-party auditor shall not own, buy, sell, or otherwise trade RINs unless required to maintain a financial assurance mechanism for a QAP implemented under QAP Option A pursuant to §80.1469(a) during the interim period or to replace an invalid RIN pursuant to §80.1474.
(4) The independent third-party auditor and its contractors and subcontractors must be free from any interest or the appearance of any interest in the audited party's business.
(5) The audited party must be free from any interest or the appearance of any interest in the third-party auditor's business and the businesses of third-party auditor's contractors and subcontractors.
(6) The independent third-party auditor and its contractors and subcontractors must not have performed an attest engagement under §80.1464(b) for the audited party for the same compliance period as a QAP audit conducted pursuant to §80.1472.
(7) The independent third-party auditor and its contractors and subcontractors must not be debarred, suspended, or proposed for debarment pursuant to the Government-wide Debarment and Suspension regulations, 40 CFR part 32, or the Debarment, Suspension and Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR part 9, subpart 9.4.
(8) The independent third-party auditor and its contractors and subcontractors must act impartially when performing all activities under this section.
(9) The independent third-party auditor and its contractors and subcontractors must be free from any interest in the audited party's business and receive no financial benefit from the outcome of auditing service, apart from payment for the auditing services.
(10) The independent third-party auditor and its contractors and subcontractors must not have been involved in the design or construction of the audited facility.
(11) The independent third-party auditor and its contractors and subcontractors must ensure that all personnel involved in the third-party audit (including the verification activities) under this section are not negotiating for future employment with the owner or operator of the audited party. At a minimum, prior to conducting the audit, the independent third-party auditor must obtain an attestation (or similar document) from each person involved in the audit stating that they are not negotiating for future employment with the owner or operator of the audited party.
(12) The independent third-party auditor and its contractors and subcontractors must have written policies and procedures to ensure that the independent third-party auditor and all personnel under the independent third-party auditor's direction or supervision comply with the competency, independence, and impartiality requirements of this section.
(c) Independent third-party auditors must maintain professional liability insurance. Independent third-party auditors must use insurance providers that possess a financial strength rating in the top four categories from Standard & Poor's or Moody's ( i.e., AAA, AA, A, or BBB for Standard & Poor's and Aaa, Aa, A, or Baa for Moody's), or a comparable rating acceptable to EPA. Independent third-party auditors must disclose the level of professional liability insurance they possess when entering into contracts to provide RIN verification services.
(d)(1) In the event that an independent third-party auditor identifies a RIN that may have been invalidly generated, the independent third-party auditor shall, within five business days, send notification of the potentially invalidly generated RIN to the EPA and the renewable fuel producer that generated the RIN.
(2) The independent third-party auditor shall provide the notification required under paragraph (d)(1) of this section in writing (which includes email or facsimile) and, if requested by the party being notified of a potentially invalidly generated RIN, by telephone.
(e) The independent third-party auditor shall identify RINs generated from a renewable fuel producer or foreign renewable fuel producer as having been verified under a QAP.
(1) For RINs verified under QAP Option A pursuant to §80.1469(a) during the interim period, RINs shall be designated as A-RINs.
(2) For RINs verified under QAP Option B pursuant to §80.1469(b), during the interim period, RINs shall be designated as B-RINs.
(3) For RINs verified under a QAP pursuant to §80.1469(c), RINs shall be designated as Q-RINs and shall be identified as having been verified under a QAP in EMTS.
(4) The independent third-party auditor shall not identify RINs generated from a renewable fuel producer or foreign renewable fuel producer as having been verified under a QAP if a revised QAP must be submitted to and approved by the EPA under §80.1469(f).
(5) The independent third-party auditor must not identify RINs generated for renewable fuel produced using a biointermediate as having been verified under a QAP unless the biointermediate used to produce the renewable fuel was verified under an approved QAP pursuant to §80.1477.
(f)(1) Except as specified in paragraph (f)(2) of this section, auditors may only verify RINs that have been generated after the audit required under §80.1472 has been completed. Auditors may only verify biointermediates that were produced after the audit required under §80.1472 has been completed. Auditors must only verify RINs generated from renewable fuels produced from biointermediates after the audit required under §80.1472 has been completed for both the biointermediate production facility and the renewable fuel production facility.
(i) For A-RINs, ongoing monitoring must have been initiated.
(ii) Verification of RINs or biointermediates may continue for no more than 200 days following an on-site visit or 380 days after an on-site visit if a previously the EPA-approved remote monitoring system is in place at the renewable fuel production facility.
(2) Auditors may verify RINs that were generated before the audit required under §80.1472 has been completed, under the following conditions:
(i) The RINs in question were generated during the interim period.
(ii) The audit is completed during the interim period.
(iii) The audit is performed in accordance with the elements specified in a QAP that has been approved by the EPA per §80.1469(e).
(iv) The audit requirements of §80.1472 are met for every batch of renewable fuel for which RINs were generated and are being verified.
(v) The auditor may not perform more than one audit under this subparagraph for any single RIN generator.
(g) The independent third-party auditor must permit any representative of the EPA to monitor at any time the implementation of QAPs and renewable fuel and biointermediate production facility audits.
(h) Any person who fails to meet a requirement under of this section shall be subject to a separate violation pursuant to §80.1460(f).
[79 FR 42122, July 18, 2014, as amended at 80 FR 9098, Feb. 19, 2015; 87 FR 39674, July 1, 2022]
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