Does a renewable fuel producer have to report and maintain records on the feedstocks for every batch of renewable fuel they produce?

All renewable fuel producers must report and maintain records concerning the type and amount of feedstocks used for each batch of renewable fuel produced (see 80.1451(b)(1)(ii)(K) and 80.1454(b)(3)(vi)). With regard to the renewable biomass recordkeeping and reporting requirements, if a producer, whether foreign or domestic, is making renewable fuel using feedstocks that are planted crops or crop residue from existing U.S. agricultural land, then that feedstock is subject to the aggregate compliance approach in section 80.1454(g) and the producer need not maintain records for those feedstocks unless EPA makes a finding that the 2007 baseline amount of U.S. agricultural land has been exceeded and the aggregate compliance approach for such lands is terminated.

However, if a producer is using any other type of feedstock, including crops or crop residues from existing foreign agricultural land, and either the producer or an importer is generating RINs for that fuel, then the producer must maintain records concerning the type and source of the feedstock for all fuel produced, pursuant to section 80.1454(c) and (d). Additionally, the producer must report to EPA on a quarterly basis concerning the source of the feedstocks, as required in section 80.1451(d). Whether the records and reporting should be done on a per-batch basis depends on the extent to which there is variability in the feedstocks used for different batches.