---
kind: "section"
citation: "40 C.F.R. § 80.1469"
title: "40"
number: "80.1469"
heading: "Requirements for Quality Assurance Plans."
url: "https://uscodex.org/cfr/40/80.1469"
---

# §80.1469. Requirements for Quality Assurance Plans.


This section specifies the requirements for Quality Assurance Plans (QAPs) for renewable fuels and biointermediates.

- (a) **QAP Requirements.** All components specified in this [paragraph (a)](#a) require quarterly monitoring, except for [paragraph (a)(4)(iii)](#a-4-iii) of this section which must be done annually.
  - (1) **Feedstock-related components.**
    - (i) **Feedstocks are renewable biomass.**
    - (ii) If applicable, plans under [§ 80.1426(f)(5)(ii)](/cfr/40/80.1426.md?p=f-5-ii) are accepted and up to date.
    - (iii) If applicable, separated municipal solid waste plan under [§ 80.1426(f)(5)](/cfr/40/80.1426.md?p=f-5) is approved and current.
    - (iv) Feedstocks are being separated according to a separation plan, if applicable under [§ 80.1426(f)(5)](/cfr/40/80.1426.md?p=f-5).
    - (v) Crop and crop residue feedstocks meet land use restrictions, or alternatively the aggregate compliance provisions of [§ 80.1454(g)](/cfr/40/80.1454.md?p=g).
    - (vi) Feedstock(s) and biointermediate(s) are consistent with production process and D code being used as permitted under the approved pathway and is consistent with information recorded in EMTS.
    - (vii) Feedstock(s) and biointermediate(s) are not renewable fuel for which RINs were previously generated unless the RINs were generated under [§ 80.1426(c)(6)](/cfr/40/80.1426.md?p=c-6). For renewable fuels that have RINs generated under [§ 80.1426(c)(6)](/cfr/40/80.1426.md?p=c-6), verify that renewable fuels used as a feedstock meet all applicable requirements of this [paragraph (a)(1)](#a-1).
    - (viii) If applicable, accuracy of feedstock energy FE calculation factors related to feedstocks, including average moisture content m and feedstock energy content E.
  - (2) **Production process-related components.**
    - (i) Production process is consistent with the renewable fuel producer or biointermediate producer's registration under [§ 80.1450(b)](/cfr/40/80.1450.md?p=b).
    - (ii) **Mass and energy balances are appropriate for type and size of facility.**
    - (iii) If applicable, process-related factors used in feedstock energy FE calculation are accurate, in particular the converted fraction CF, pursuant to [§ 80.1426(f)(3)](/cfr/40/80.1426.md?p=f-3).
  - (3) **RIN generation-related components.**
    - (i) If applicable, renewable fuel was designated for qualifying uses as transportation fuel, heating oil, or jet fuel in the covered location pursuant to [§ 80.1453](/cfr/40/80.1453.md).
    - (ii) **Certificates of analysis verifying fuel type and quality, as applicable.**
    - (iii) **Renewable fuel type matches the D code being used.**
    - (iv) If applicable, renewable content R is accurate pursuant to [§ 80.1426(f)(9)](/cfr/40/80.1426.md?p=f-9).
    - (v) **Equivalence value EqV is accurate and appropriate.**
    - (vi) **Volume production capacity is consistent with RFS registration.**
    - (vii) Verify that appropriate RIN generation calculations are being followed under [§ 80.1426](/cfr/40/80.1426.md).
    - (viii) **RIN generation is consistent with wet gallons produced or imported.**
  - (4) **Other RIN-related components.**
    - (i) If applicable, verify that RIN separation is appropriate under [§ 80.1429(b)](/cfr/40/80.1429.md?p=b).
    - (ii) Verify that fuel that is exported was not used to generate RINs, or alternatively that were generated but retired pursuant to [§ 80.1430](/cfr/40/80.1430.md).
    - (iii) **Verify that annual attestation report is accurate.**
  - (5) **Representative sampling.** Independent third-party auditors may use a representative sample of batches of renewable fuel or biointermediate in accordance with the procedures described in [40 CFR 1090.1805](/cfr/40/1090.1805.md) for all components of this [paragraph (a)](#a) except for paragraphs [(a)(1)(ii)](#a-1-ii) and [(iii)](#a-1-iii), [(a)(2)(ii)](#a-2-ii), [(a)(3)(vi)](#a-3-vi), and [(a)(4)(ii)](#a-4-ii) and [(iii)](#a-4-iii) of this section. If a facility produces both a renewable fuel and a biointermediate, the independent third-party auditor must select separate representative samples for the renewable fuel and biointermediate.
  - (6) **Documentation.** Independent third-party auditors must review all relevant registration information under [§ 80.1450](/cfr/40/80.1450.md), reporting information under [§ 80.1451](/cfr/40/80.1451.md), and recordkeeping information under [§ 80.1454](/cfr/40/80.1454.md), as well as any other relevant information and documentation required under this part, to verify elements in a QAP approved by EPA under this section.
- (b) In addition to a general QAP encompassing elements common to all pathways, for each QAP there must be at least one pathway-specific plan for an approved pathway, which must contain elements specific to particular feedstocks, production processes, and fuel types, as applicable.
- (c) **Submission and approval of a QAP.**
  - (1) Each independent third-party auditor must annually submit a general and at least one pathway-specific QAP to the EPA which demonstrates adherence to the requirements of paragraphs [(a)](#a) and [(b)](#b) of this section and request approval on forms and using procedures specified by EPA.
  - (2) No third-party independent auditor may present a QAP as approved by the EPA without having received written approval from the EPA.
  - (3) A QAP is approved on the date that the EPA notifies the third-party independent auditor of such approval.
  - (4) The EPA may revoke its approval of a QAP for cause, including, but not limited to, an EPA determination that the approved QAP has proven to be inadequate in practice.
  - (5) The EPA may void ab initio its approval of a QAP upon the EPA's determination that the approval was based on false information, misleading information, or incomplete information, or if there was a failure to fulfill, or cause to be fulfilled, any of the requirements of the QAP.
- (d) **Conditions for revisions of a QAP.**
  - (1) A new QAP must be submitted to EPA according to [paragraph (c)](#c) of this section and the independent third-party auditor must update their registration according to [§ 80.1450(g)(9)](/cfr/40/80.1450.md?p=g-9) whenever any of the following changes occur at a renewable fuel or biointermediate production facility audited by an independent third-party auditor and the auditor does not possess an appropriate pathway-specific QAP that encompasses the change:
    - (i) **Change in feedstock or biointermediates.**
    - (ii) **Change in type of fuel or biointermediate produced.**
    - (iii) Change in facility operations or equipment that may impact the capability of the QAP to verify that RINs are validly generated or biointermediates are properly produced.
  - (2) A QAP ceases to be valid as the basis for verifying RINs or a biointermediate under a new pathway until a new pathway-specific QAP, submitted to the EPA under this [paragraph (d)](#d), is approved pursuant to [paragraph (c)](#c) of this section.

## Notes

### Amendments

[79 FR 42119, July 18, 2014, as amended at 85 FR 7083, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39673, July 1, 2022; 88 FR 44592, July 12, 2023; 91 FR 16496, Apr. 1, 2026]

### Source

Source: 75 FR 14863, Mar. 26, 2010, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

### Source

Source: 38 FR 1255, Jan. 10, 1973, unless otherwise noted.

### Amendments

[79 FR 42119, July 18, 2014, as amended at 85 FR 7083, Feb. 6, 2020; 85 FR 78467, Dec. 4, 2020; 87 FR 39673, July 1, 2022; 88 FR 44592, July 12, 2023; 91 FR 16496, Apr. 1, 2026]