['Air Programs']
['Mobile Emission Sources']
08/11/2023
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(a) General requirements. (1) In addition to the attest engagement requirements under §80.1464, all obligated parties required to arrange for additional attest engagement procedures under §80.1464(a)(1)(vii) must have an annual attest engagement conducted by an auditor using the minimum attest procedures specified in this section.
(2) All applicable requirements and procedures outlined in 40 CFR 1090.1800 through 1090.1850 and §80.130 apply to the auditors and attest engagement procedures specified in this section.
(3) Obligated parties must include any additional information required under this section in the attest engagement report under §80.1464(d).
(4) Report as a finding if the party failed to either incur or satisfy an RVO if required.
(b) EPA reports. Auditors must perform the following:
(1) Obtain and read a copy of the obligated party's reports filed with EPA as required by §80.1451(a)(1)(xix) for the reporting period.
(2) In the case of an obligated party's report to EPA that represents aggregate calculations for more than one facility, obtain the facility-specific volume and property information that was used by the refiner to prepare the aggregate report. Foot and crossfoot the facility-specific totals and agree to the values in the aggregate report. The procedures in paragraphs (b) and (c) of this section are then performed separately for each facility.
(3) Obtain a written representation from a company representative that the report copies are complete and accurate copies of the reports filed with EPA.
(4) Identify, and report as a finding, the name of the commercial computer program used by the refiner or importer to track the data required by the regulations in this part, if any.
(c) Inventory reconciliation analysis. Auditors must perform the following:
(1) Obtain an inventory reconciliation analysis for the facility for the reporting period for each of the following and perform the procedures at paragraphs (c)(2) through (4) of this section separately for each of the following products:
(i) The volume of certified NTDF that was redesignated as MVNRLM diesel fuel.
(ii) The volume of MVNRLM diesel fuel that was redesignated to a non-transportation use.
(iii) The volume of MVNRLM diesel fuel owned when the fuel was received at the facility and acquired at the facility during the compliance period.
(iv) The volume of MVNRLM diesel fuel owned and sold or transferred to other parties at the facility during the compliance period.
(v) The volume of certified NTDF received.
(vi) The volume of certified NTDF delivered.
(2) Foot and crossfoot the volume totals reflected in the analysis.
(3) Agree the beginning and ending inventory amounts in the analysis to the facility's inventory records.
(4) If the obligated party delivered more MVNRLM diesel fuel than received, agree the annual balance with the reports obtained at §80.1475(b)(1) and verify whether the obligated party incurred and satisfied its RVO under §80.1408(a)(2)(i).
(5) Report as a finding each of the volume totals along with any discrepancies.
(d) Listing of tenders. Auditors must perform the following:
(1) For each of the volumes listed in paragraphs (c)(1)(iii) through (vi) of this section, obtain a separate listing of all tenders from the refiner or importer for the reporting period.
(2) Foot to the volume totals per the listings.
(3) Agree the volume totals on the listing to the tender volume total in the inventory reconciliation analysis obtained in paragraph (c) of this section.
(4) For each of the listings select a representative sample of the tenders in accordance with the guidelines in 40 CFR 1090.1805, and for each tender selected perform the following:
(i) Obtain product transfer documents associated with the tender and agree the volume on the tender listing to the volume on the product transfer documents.
(ii) Note whether the product transfer documents include the information required by 40 CFR 1090.1115 and, for tenders involving the transfer of certified NTDF, the information required by §80.1453(e).
(5) Report as a finding any discrepancies.
[85 FR 7083, Feb. 6, 2020; 85 FR 78468, Dec. 4, 2020; 87 FR 39674, July 1, 2022]
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