Since soy is considered a planted crop for purposes of RFS2, producers of renewable fuel made from soy grown on U.S. agricultural lands are covered by the aggregate compliance approach in §80.1454(g). Those producers using domestic soy need not maintain feedstock records until and unless EPA makes a finding that the aggregate compliance approach for planted crops and crop residue from U.S. agricultural lands is no longer applicable.
Producers (domestic or foreign) or RIN-generating importers of fuel made from imported soy (beans or oil) as a biodiesel feedstock must maintain records that serve as evidence that their soy came from land that was cleared or cultivated prior to December 19, 2007 and that was actively managed or fallow, and nonforested on that date. This could consist of one of the following documents, which must be traceable to the land in question: sales records for planted crops, crop residue, or livestock; purchasing records for fertilizer, weed control, seeds, seedlings, or other nursery stock; a written management plan for agricultural purposes; documentation of participation in an agricultural program sponsored by a Federal, state, or local government agency; or documentation of land management in accordance with an agricultural product certification program. See section 80.1454(g)(2).
Additionally, RIN-generating producers and RIN-generating importers of biodiesel made with foreign-grown soy as a feedstock must report to EPA on a quarterly basis a summary of the types and quantities of feedstocks used in that quarter and electronic data identifying the land where the feedstocks were harvested. See section 80.1451(d).