EPA Facility Verification Requirements
Domestic and foreign producers of 10,000 or more gallons per year of Advanced Biofuel, Cellulosic Biofuel, Biomass-Based Diesel, or other Renewable Fuel as defined under the regulation are required to submit an independently verified description of their products, co-products, feedstocks, processes, production capacity, and energy sources. Under §80.1426(b), producers under the 10,000 gallon per year volume threshold are also subject to these certification requirements if they own Renewable Identification Numbers (RINs) or voluntarily generate and assign RINs.
The specific facility verification requirements for foreign and domestic producers are contained in §80.1450(b) of the current draft:
Producers. Except as provided in § 80.1426(b)(1), any foreign or domestic producer of renewable fuel, regardless of whether RINs will be generated for that renewable fuel, must provide EPA the information specified under § 80.76 if such information has not already been provided under the provisions of this part, and must receive EPA-issued company and facility identification numbers prior to generating or assigning any RINs. All the following registration information must be submitted to EPA by January 1, 2010 or 60 days prior to the production of any renewable fuel subject to this subpart, whichever is later:
(1) A description of the types of renewable fuels and co-products produced at the facility and all the following for each product type:
| (i) | A list of the feedstocks capable of being utilized by the facility. |
| (ii) | A description of the facility’s renewable fuel production processes. |
| (iii) | The facility’s renewable fuel production capacity. |
| (iv) | A list of the facility’s process energy sources. |
| (v) | For a producer of renewable fuel with a facility that commenced construction on or before December 19, 2007 per § 80.1403: |
| (A) | The location of the facility. |
| (B) | Record of costs of additions, replacements, and repairs inclusive of labor costs conducted at the facility since December 19, 2007. |
| (C) | The estimated life of the facility. |
| (D) | A discussion of any economic or technical limitations the facility may have in using a fuel production pathway that will achieve a 20 percent reduction in GHG as compared to baseline fuel. |
(2) An independent third party engineering review and written verification of the descriptions made pursuant to paragraph (b)(1) of this section.
| (i) | The verifications required under this section must be conducted by a licensed Professional Engineer who works in the chemical engineering field and who is licensed by the appropriate state agency. |
| (ii) | To be considered an independent third party under this paragraph (b)(2): |
| (A) | The third party shall not be operated by the renewable fuel producer or any subsidiary or employee of the renewable fuel producer. |
| (B) | The third party shall be free from any interest in the renewable fuel producer’s business. |
| (C) | The renewable fuel producer shall be free from any interest in the third party’s business. |
| (D) | Use of a third party that is 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, shall be deemed noncompliance with the requirements of this section. |
| (iii) | The independent third party shall retain all records pertaining to the verification required under this section for a period of five years from the date of creation and shall deliver such records to the Administrator upon request. |
| (iv) | The renewable fuel producer must retain records of the review and verification, as required in § 80.1451(b)(7). |