§ 80.1467 What are the additional requirements under this subpart for a foreign RIN owner?
(a) Foreign RIN owner. For purposes of this subpart, a foreign RIN owner 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 own RINs.
(b) General requirement. An approved foreign RIN owner must meet all requirements that apply to parties who own RINs under this subpart.
(c) Foreign RIN owner commitments. Any person shall commit to and comply with the provisions contained in this paragraph (c) as a condition to being approved as a foreign RIN owner under this subpart.
(1) Any United States Environmental Protection Agency inspector or auditor must be given full, complete, and immediate access to conduct inspections and audits of the foreign RIN owner's place of business.
(i) Inspections and audits may be either announced in advance by EPA, or unannounced.
(ii) Access will be provided to any location where documents related to RINs the foreign RIN owner has obtained, sold, transferred or held are kept.
(iii) Inspections and audits may be by 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 by EPA may include review and copying of any documents related to the following:
(A) Transfers of title to RINs.
(B) Work performed and reports prepared by independent auditors under the requirements of this section, including work papers.
(vi) Inspections and audits by EPA may include interviewing employees.
(vii) Any employee of the foreign RIN owner must be made available for interview by the EPA inspector or auditor, on request, within a reasonable time period.
(viii) English language translations of any documents must be provided to an EPA inspector or auditor, on request, within 10 business days.
(ix) English language interpreters must be provided to accompany EPA inspectors and auditors, on request.
(2) An agent for service of process located in the District of Columbia shall be named, and service on this agent constitutes service on the foreign RIN owner or any employee of the foreign RIN owner for any action by EPA or otherwise by the United States related to the requirements of this subpart.