Title 40—Protection of Environment--Volume 1
PART 80—REGULATION OF FUELS AND FUEL ADDITIVES
§ 80.1   Scope.
(a) This part prescribes regulations for the renewable fuel program under the Clean Air Act section 211(o) (42 U.S.C. 7545(o)).
(b) This part also prescribes regulations for the labeling of fuel dispensing systems for oxygenated gasoline at retail under the Clean Air Act section 211(m)(4) (42 U.S.C. 7545(m)(4)).
(c) Nothing in this part is intended to preempt the ability of state or local governments to control or prohibit any fuel or fuel additive for use in motor vehicles and motor vehicle engines which is not explicitly regulated by this part.
§ 80.2   Definitions.
The definitions of this section apply in this part unless otherwise specified. Note that many terms defined here are common terms that have specific meanings under this part.
Actual peak capacity means 105% of the maximum annual volume of renewable fuels produced from a specific renewable fuel production facility on a calendar year basis.
(1) For facilities that commenced construction prior to December 19, 2007, the actual peak capacity is based on the last five calendar years prior to 2008, unless no such production exists, in which case actual peak capacity is based on any calendar year after startup during the first three years of operation.
(2) For facilities that commenced construction after December 19, 2007 and before January 1, 2010, that are fired with natural gas, biomass, or a combination thereof, the actual peak capacity is based on any calendar year after startup during the first three years of operation.
(3) For all other facilities not included above, the actual peak capacity is based on the last five calendar years prior to the year in which the owner or operator registers the facility under the provisions of § 80.1450, unless no such production exists, in which case actual peak capacity is based on any calendar year after startup during the first three years of operation.
Adjusted cellulosic content means the percent of organic material that is cellulose, hemicellulose, and lignin.
Advanced biofuel means renewable fuel, other than ethanol derived from cornstarch, that has lifecycle greenhouse gas emissions that are at least 50 percent less than baseline lifecycle greenhouse gas emissions.
Agricultural digester means an anaerobic digester that processes only animal manure, crop residues, or separated yard waste with an adjusted cellulosic content of at least 75%. Each and every material processed in an agricultural digester must have an adjusted cellulosic content of at least 75%.
Algae grown photosynthetically are algae that are grown such that their energy and carbon are predominantly derived from photosynthesis.
Annual cover crop means an annual crop, planted as a rotation between primary planted crops, or between trees and vines in orchards and vineyards, typically to protect soil from erosion and to improve the soil between periods of regular crops. An annual cover crop has no existing market to which it can be sold except for its use as feedstock for the production of renewable fuel.
Approved pathway means a pathway listed in table 1 to § 80.1426 or in a petition approved under § 80.1416 that is eligible to generate RINs of a particular D code.
Areas at risk of wildfire are those areas in the “wildland-urban interface”, where humans and their development meet or intermix with wildland fuel. Note that, for guidance, the SILVIS laboratory at the University of Wisconsin maintains a website that provides a detailed map of areas meeting this criteria at: www.silvis.forest.wisc.edu/projects/US_WUI_2000.asp. The SILVIS laboratory is located at 1630 Linden Drive, Madison, Wisconsin 53706 and can be contacted at (608) 263-4349.
A-RIN means a RIN verified during the interim period by a registered independent third-party auditor using a QAP that has been approved under § 80.1469(a) following the audit process specified in § 80.1472.
Assigned RIN means a RIN assigned to a volume of renewable fuel or RNG pursuant to § 80.1426(e) or § 80.125(c), respectively, with a K code of 1.
Audited facility means any facility audited under an approved quality assurance plan under this part.
Audited party means a party that pays for or receives services from an independent third party under this part.
Baseline lifecycle greenhouse gas emissions means the average lifecycle greenhouse gas emissions for gasoline or diesel (whichever is being replaced by the renewable fuel) sold or distributed as transportation fuel in 2005.
Baseline volume means the permitted capacity or, if permitted capacity cannot be determined, the actual peak capacity or nameplate capacity as applicable pursuant to § 80.1450(b)(1)(v)(A) through (C), of a specific renewable fuel production facility on a calendar year basis.
Batch pathway means each combination of approved pathway, equivalence value as determined under § 80.1415, and verification status for which a facility is registered.
Biocrude means a liquid biointermediate that meets all the following requirements:
(1) It is produced at a biointermediate production facility using one or more of the following processes:
(i) A process identified in row M under table 1 to § 80.1426.
(ii) A process identified in a pathway listed in a petition approved under § 80.1416 for the production of renewable fuel produced from biocrude.
(2) It is to be used to produce renewable fuel at a refinery as defined in 40 CFR 1090.80.
Biodiesel means a mono-alkyl ester that meets ASTM D6751 (incorporated by reference, see § 80.12).
Biodiesel distillation bottoms means the heavier product from distillation at a biodiesel production facility that does not meet the definition of biodiesel.
Biogas means a mixture of biomethane, inert gases, and impurities that meets all the following requirements:
(1) It is produced through the anaerobic digestion of renewable biomass under an approved pathway.
(2) Non-renewable components have not been added.
(3) It requires removal of additional components to be suitable for its designated use ( e.g., as a biointermediate, to produce RNG, or to produce biogas-derived renewable fuel).
Biogas closed distribution system means the infrastructure contained between when biogas is produced and when biogas or treated biogas is used to produce biogas-derived renewable fuel within a discrete location or series of locations that does not include placement of biogas, treated biogas, or RNG on a natural gas commercial pipeline system.
Biogas closed distribution system RIN generator means any party that generates RINs for renewable CNG/LNG in a biogas closed distribution system.
Biogas-derived renewable fuel means renewable CNG/LNG or any other renewable fuel that is produced from biogas or RNG, including from biogas used as a biointermediate.
Biogas producer means any person who owns, leases, operates, controls, or supervises a biogas production facility.
Biogas production facility means any facility where biogas is produced from renewable biomass under an approved pathway.
Biogas used as a biointermediate means biogas or treated biogas that a renewable fuel producer uses to produce renewable fuel other than renewable CNG/LNG at a separate facility from where the biogas is produced.
Biointermediate means any feedstock material that is intended for use to produce renewable fuel and meets all the following requirements:
(1) It is produced from renewable biomass.
(2) It has not previously had RINs generated for it.
(3) It is produced at a facility registered with EPA that is different than the facility at which it is used as feedstock material to produce renewable fuel.
(4) It is produced from the feedstock material identified in an approved pathway, will be used to produce the renewable fuel listed in that approved pathway, and is produced and processed in accordance with the process(es) listed in that approved pathway.
(5) Is one of the following types of biointermediate:
(i) Biocrude.
(ii) Biodiesel distillate bottoms.
(iii) Biomass-based sugars.
(iv) Digestate.
(v) Free fatty acid (FFA) feedstock.
(vi) Glycerin.
(vii) Soapstock.
(viii) Undenatured ethanol.
(ix) Biogas used to make a renewable fuel other than renewable CNG/LNG.
(6) It is not a feedstock material identified in an approved pathway that is used to produce the renewable fuel specified in that approved pathway.
Biointermediate import facility means any facility as defined in 40 CFR 1090.80 where a biointermediate is imported from outside the covered location into the covered location.
Biointermediate importer means any person who owns, leases, operates, controls, or supervises a biointermediate import facility.
Biointermediate producer means any person who owns, leases, operates, controls, or supervises a biointermediate production facility.
Biointermediate production facility means all of the activities and equipment associated with the production of a biointermediate starting from the point of delivery of feedstock material to the point of final storage of the end biointermediate product, which are located on one property, and are under the control of the same person (or persons under common control).
Biomass-based diesel means a renewable fuel that has lifecycle greenhouse gas emissions that are at least 50 percent less than baseline lifecycle greenhouse gas emissions and meets all of the requirements of paragraph (1) of this definition:
(1)(i) Is a transportation fuel, transportation fuel additive, heating oil, or jet fuel.
(ii) Meets the definition of either biodiesel or non-ester renewable diesel.
(iii) Is registered as a motor vehicle fuel or fuel additive under 40 CFR part 79, if the fuel or fuel additive is intended for use in a motor vehicle.
(2) Renewable fuel produced from renewable biomass that is co-processed with petroleum is not biomass-based diesel.
Biomass-based sugars means sugars ( e.g., dextrose, sucrose, etc.) extracted from renewable biomass under an approved pathway, other than through a form change specified in § 80.1460(k)(2).
Biomethane means methane produced from renewable biomass.
B-RIN means a RIN verified during the interim period by a registered independent third-party auditor using a QAP that has been approved under § 80.1469(b) following the audit process specified in § 80.1472.
Business day has the meaning given in 40 CFR 1090.80.
Canola/Rapeseed oil means either of the following:
(1) Canola oil is oil from the plants Brassica napus, Brassica rapa, Brassica juncea, Sinapis alba, or Sinapis arvensis, and which typically contains less than 2 percent erucic acid in the component fatty acids obtained.
(2) Rapeseed oil is the oil obtained from the plants Brassica napus, Brassica rapa, or Brassica juncea.
Carrier means any distributor who transports or stores or causes the transportation or storage of gasoline or diesel fuel without taking title to or otherwise having any ownership of the gasoline or diesel fuel, and without altering either the quality or quantity of the gasoline or diesel fuel.
Category 3 (C3) marine vessels, for the purposes of this part 80, are vessels that are propelled by engines meeting the definition of “Category 3” in 40 CFR 1042.901.
CBOB means gasoline blendstock that could become conventional gasoline solely upon the addition of oxygenate.
Cellulosic biofuel means renewable fuel derived from any cellulose, hemi-cellulose, or lignin that has lifecycle greenhouse gas emissions that are at least 60 percent less than the baseline lifecycle greenhouse gas emissions.
Cellulosic biogas feedstock means an individual feedstock used to produce biogas that contains at least 75% average adjusted cellulosic content and whose batch pathway has been assigned a D code of 3 or 7.
Cellulosic diesel is any renewable fuel which meets both the definitions of cellulosic biofuel and biomass-based diesel. Cellulosic diesel includes heating oil and jet fuel produced from cellulosic feedstocks.
Certified non-transportation 15 ppm distillate fuel or certified NTDF means distillate fuel that meets all the following:
(1) The fuel has been certified under 40 CFR 1090.1000 as meeting the ULSD standards in 40 CFR 1090.305.
(2) The fuel has been designated under 40 CFR 1090.1015 as certified NTDF.
(3) The fuel has also been designated under 40 CFR 1090.1015 as 15 ppm heating oil, 15 ppm ECA marine fuel, or other non-transportation fuel ( e.g., jet fuel, kerosene, or distillate global marine fuel).
(4) The fuel has not been designated under 40 CFR 1090.1015 as ULSD or 15 ppm MVNRLM diesel fuel.
(5) The PTD for the fuel meets the requirements in § 80.1453(e).
Combined heat and power (CHP), also known as cogeneration, refers to industrial processes in which waste heat from the production of electricity is used for process energy in a biointermediate or renewable fuel production facility.
Continuous measurement means the automated measurement of specified parameters of biogas, treated biogas, or natural gas as follows:
(1) For in-line GC meters, automated measurement must occur and be recorded no less frequent than once every 15 minutes.
(2) For flow meters, automated measurement must occur no less frequent than once every 6 seconds, and weighted totals of such measurement must be recorded at no more than 1 minute intervals.
(3) For all other meters, automated measurement and recording must occur at a frequency specified at registration.
Contractual affiliate means one of the following:
(1) Two parties are contractual affiliates if they have an explicit or implicit agreement in place for one to purchase or hold RINs on behalf of the other or to deliver RINs to the other. This other party may or may not be registered under the RFS program.
(2) Two parties are contractual affiliates if one RIN-owning party purchases or holds RINs on behalf of the other. This other party may or may not be registered under the RFS program.
Control area means a geographic area in which only oxygenated gasoline under the oxygenated gasoline program may be sold or dispensed, with boundaries determined by Clean Air Act section 211(m) (42 U.S.C. 7545(m)).
Control period means the period during which oxygenated gasoline must be sold or dispensed in any control area, pursuant to Clean Air Act section 211(m)(2) (42 U.S.C. 7545(m)(2)).
Conventional gasoline (CG) means any gasoline that has been certified under 40 CFR 1090.1000(b) and is not RFG.
Co-processed means that renewable biomass or a biointermediate was simultaneously processed with fossil fuels or other non-renewable feedstock in the same unit or units to produce a fuel that is partially derived from renewable biomass or a biointermediate.
Co-processed cellulosic diesel is any renewable fuel that meets the definition of cellulosic biofuel and meets all the requirements of paragraph (1) of this definition:
(1)(i) Is a transportation fuel, transportation fuel additive, heating oil, or jet fuel.
(ii) Meets the definition of either biodiesel or non-ester renewable diesel.
(iii) Is registered as a motor vehicle fuel or fuel additive under 40 CFR part 79, if the fuel or fuel additive is intended for use in a motor vehicle.
(2) Co-processed cellulosic diesel includes all the following:
(i) Heating oil and jet fuel produced from cellulosic feedstocks.
(ii) Cellulosic biofuel produced from cellulosic feedstocks co-processed with petroleum.
Corn oil extraction means the recovery of corn oil from the thin stillage and/or the distillers grains and solubles produced by a dry mill corn ethanol plant, most often by mechanical separation.
Corn oil fractionation means a process whereby seeds are divided in various components and oils are removed prior to fermentation for the production of ethanol.
Corporate affiliate means one of the following:
(1) Two RIN-holding parties are corporate affiliates if one owns or controls ownership of more than 20 percent of the other.
(2) Two RIN-holding parties are corporate affiliates if one parent company owns or controls ownership of more than 20 percent of both.
Corporate affiliate group means a group of parties in which each party is a corporate affiliate to at least one other party in the group.
Covered location means the contiguous 48 states, Hawaii, and any state or territory that has received an approval from EPA to opt-in to the RFS program under § 80.1443.
Crop residue means biomass left over from the harvesting or processing of planted crops from existing agricultural land and any biomass removed from existing agricultural land that facilitates crop management (including biomass removed from such lands in relation to invasive species control or fire management), whether or not the biomass includes any portion of a crop or crop plant. Biomass is considered crop residue only if the use of that biomass for the production of renewable fuel has no significant impact on demand for the feedstock crop, products produced from that feedstock crop, and all substitutes for the crop and its products, nor any other impact that would result in a significant increase in direct or indirect GHG emissions.
Cropland is land used for production of crops for harvest and includes cultivated cropland, such as for row crops or close-grown crops, and non-cultivated cropland, such as for horticultural or aquatic crops.
Diesel fuel means any of the following:
(1) Any fuel sold in any State or Territory of the United States and suitable for use in diesel engines, and that is one of the following:
(i) A distillate fuel commonly or commercially known or sold as No. 1 diesel fuel or No. 2 diesel fuel.
(ii) A non-distillate fuel other than residual fuel with comparable physical and chemical properties ( e.g., biodiesel fuel).
(iii) A mixture of fuels meeting the criteria of paragraphs (1)(i) and (ii) of this definition.
(2) For purposes of subpart M of this part, any and all of the products specified at § 80.1407(e).
Digestate means the material that remains following the anaerobic digestion of renewable biomass in an anaerobic digester. Digestate must only contain the leftovers that were unable to be completely converted to biogas in an anaerobic digestor that is part of an EPA-accepted registration under § 80.1450.
Distillate fuel means diesel fuel and other petroleum fuels that can be used in engines that are designed for diesel fuel. For example, jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels; and natural gas, LPG, gasoline, and residual fuel are not distillate fuels. Blends containing residual fuel may be distillate fuels.
Distillers corn oil means corn oil recovered at any point downstream of when a dry mill ethanol or butanol plant grinds the corn, provided that the corn starch is converted to ethanol or butanol, the recovered oil is unfit for human food use without further refining, and the distillers grains remaining after the dry mill and oil recovery processes are marketable as animal feed.
Distillers sorghum oil means grain sorghum oil recovered at any point downstream of when a dry mill ethanol or butanol plant grinds the grain sorghum, provided that the grain sorghum is converted to ethanol or butanol, the recovered oil is unfit for human food use without further refining, and the distillers grains remaining after the dry mill and oil recovery processes are marketable as animal feed.
Distributor means any person who transports or stores or causes the transportation or storage of gasoline or diesel fuel at any point between any gasoline or diesel fuel refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.
DX RIN means a RIN with a D code of X, where X is the D code of the renewable fuel as identified under § 80.1425(g), generated under § 80.1426, and submitted under § 80.1452. For example, a D6 RIN is a RIN with a D code of 6.
ECA marine fuel is diesel, distillate, or residual fuel that meets the criteria of paragraph (1) of this definition, but not the criteria of paragraph (2) of this definition.
(1) All diesel, distillate, or residual fuel used, intended for use, or made available for use in Category 3 marine vessels while the vessels are operating within an Emission Control Area (ECA), or an ECA associated area, is ECA marine fuel, unless it meets the criteria of paragraph (2) of this definition.
(2) ECA marine fuel does not include any of the following fuel:
(i) Fuel used by exempted or excluded vessels (such as exempted steamships), or fuel used by vessels allowed by the U.S. government pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the fuel sulfur limits while operating in an ECA or an ECA associated area (see 33 U.S.C. 1903).
(ii) Fuel that conforms fully to the requirements of this part for MVNRLM diesel fuel (including being designated as MVNRLM).
(iii) Fuel used, or made available for use, in any diesel engines not installed on a Category 3 marine vessel.
Ecologically sensitive forestland means forestland that meets either of the following criteria:
(1) An ecological community with a global or state ranking of critically imperiled, imperiled or rare pursuant to a State Natural Heritage Program. For examples of such ecological communities, see “Listing of Forest Ecological Communities Pursuant to 40 CFR 80.1401; S1-S3 communities,” which is number EPA-HQ-OAR-2005-0161-1034.1 in the public docket, and “Listing of Forest Ecological Communities Pursuant to 40 CFR 80.1401; G1-G2 communities,” which is number EPA-HQ-OAR-2005-0161-2906.1 in the public docket. This material is available for inspection at the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Air Docket is (202) 566-1742.
(2) Old growth or late successional, characterized by trees at least 200 years in age.
End of day means 7 a.m. Coordinated Universal Time (UTC).
Energy cane means a complex hybrid in the Saccharum genus that has been bred to maximize cellulosic rather than sugar content. For the purposes of this part:
(1) Energy cane excludes the species Saccharum spontaneum, but may include hybrids derived from S. spontaneum that have been developed and publicly released by USDA; and
(2) Energy cane only includes cultivars that have, on average, at least 75% adjusted cellulosic content on a dry mass basis.
EPA Moderated Transaction System (EMTS) means a closed, EPA moderated system that provides a mechanism for screening and tracking RINs under § 80.1452.
Existing agricultural land is cropland, pastureland, and land enrolled in the Conservation Reserve Program (administered by the U.S. Department of Agriculture's Farm Service Agency) that was cleared or cultivated prior to December 19, 2007, and that, on December 19, 2007, was:
(1) Nonforested; and
(2) Actively managed as agricultural land or fallow, as evidenced by records which must be traceable to the land in question, which must include one of the following:
(i) Records of sales of planted crops, crop residue, or livestock, or records of purchases for land treatments such as fertilizer, weed control, or seeding.
(ii) A written management plan for agricultural purposes.
(iii) Documented participation in an agricultural management program administered by a Federal, state, or local government agency.
(iv) Documented management in accordance with a certification program for agricultural products.
Exporter of renewable fuel means all buyers, sellers, and owners of the renewable fuel in any transaction that results in renewable fuel being transferred from a covered location to a destination outside of the covered locations.
Facility means all of the activities and equipment associated with the production of renewable fuel, biogas, treated biogas, RNG, or a biointermediate—starting from the point of delivery of feedstock material to the point of final storage of the end product—that are located on one property and are under the control of the same person (or persons under common control).
Fallow means cropland, pastureland, or land enrolled in the Conservation Reserve Program (administered by the U.S. Department of Agriculture's Farm Service Agency) that is intentionally left idle to regenerate for future agricultural purposes with no seeding or planting, harvesting, mowing, or treatment during the fallow period.
Feedstock aggregator means any person who collects feedstock from feedstock suppliers or other feedstock aggregators and distributes such feedstock to a renewable fuel producer, biointermediate producer, or other feedstock aggregator.
Feedstock supplier means any person who generates and supplies feedstock to a feedstock aggregator, renewable fuel producer, biogas producer, or biointermediate producer.
Foreign biogas producer means any person who owns, leases, operates, controls, or supervises a biogas production facility outside of the United States.
Foreign ethanol producer means a foreign renewable fuel producer who produces ethanol for use in transportation fuel, heating oil, or jet fuel but who does not add ethanol denaturant to their product as specified in paragraph (2) of the definition of “renewable fuel” in this section.
Foreign renewable fuel producer means a person from a foreign country or from an area outside the covered location who produces renewable fuel for use in transportation fuel, heating oil, or jet fuel for export to the covered location. Foreign ethanol producers are considered foreign renewable fuel producers.
Foreign RNG producer means any person who owns, leases, operates, controls, or supervises an RNG production facility outside of the United States.
Forestland is generally undeveloped land covering a minimum area of 1 acre upon which the primary vegetative species are trees, including land that formerly had such tree cover and that will be regenerated and tree plantations. Tree-covered areas in intensive agricultural crop production settings, such as fruit orchards, or tree-covered areas in urban settings, such as city parks, are not considered forestland.
Free fatty acid (FFA) feedstock means a biointermediate that is composed of at least 50 percent free fatty acids. FFA feedstock must not include any free fatty acids from the refining of crude palm oil.
Fuel for use in an ocean-going vessel means, for this part only:
(1) Any marine residual fuel (whether burned in ocean waters, Great Lakes, or other internal waters);
(2) Emission Control Area (ECA) marine fuel, pursuant to § 80.2 and 40 CFR 1090.80 (whether burned in ocean waters, Great Lakes, or other internal waters); and
(3) Any other fuel intended for use only in ocean-going vessels.
Gasoline means any of the following:
(1) Any fuel sold in the United States for use in motor vehicles and motor vehicle engines, and commonly or commercially known or sold as gasoline.
(2) For purposes of subpart M of this part, any and all of the products specified at § 80.1407(c).
Gasoline blendstock or component means any liquid compound that is blended with other liquid compounds to produce gasoline.
Gasoline blendstock for oxygenate blending (BOB) has the meaning given in 40 CFR 1090.80.
Gasoline treated as blendstock (GTAB) means imported gasoline that is excluded from an import facility's compliance calculations, but is treated as blendstock in a related refinery that includes the GTAB in its refinery compliance calculations.
Glycerin means a co-product from the production of biodiesel that primarily contains glycerol.
Heating oil means any of the following:
(1) Any No. 1, No. 2, or non-petroleum diesel blend that is sold for use in furnaces, boilers, and similar applications and which is commonly or commercially known or sold as heating oil, fuel oil, and similar trade names, and that is not jet fuel, kerosene, or MVNRLM diesel fuel.
(2) Any fuel oil that is used to heat or cool interior spaces of homes or buildings to control ambient climate for human comfort. The fuel oil must be liquid at STP and contain no more than 2.5% mass solids.
Importer means any person who imports transportation fuel or renewable fuel into the covered location from an area outside of the covered location.
Independent third-party auditor means a party meeting the requirements of § 80.1471(b) that conducts QAP audits and verifies RINs, biointermediates, or biogas.
Interim period means the period between February 21, 2013, and December 31, 2014.
Jet fuel means any distillate fuel used, intended for use, or made available for use in aircraft.
Kerosene means any No.1 distillate fuel commonly or commercially sold as kerosene.
Liquefied petroleum gas (LPG) means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of species that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.
Locomotive engine means an engine used in a locomotive as defined under 40 CFR 1033.901.
Marine engine has the meaning given in 40 CFR 1042.901.
Membrane separation means the process of dehydrating ethanol to fuel grade (>99.5% purity) using a hydrophilic membrane.
Mixed digester means an anaerobic digester that has received feedstocks under both an approved pathway with D code 3 or 7 and an approved pathway with D code 5 during the current calendar month or the previous two calendar months.
Motor vehicle has the meaning given in Section 216(2) of the Clean Air Act (42 U.S.C. 7550(2)).
Municipal wastewater treatment facility digester means an anaerobic digester that processes only municipal wastewater treatment plant sludge with an adjusted cellulosic content of at least 75%.
MVNRLM diesel fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use in motor vehicles or motor vehicle engines, or as a fuel in any nonroad diesel engines, including locomotive and marine diesel engines, except the following: Distillate fuel with a T90 at or above 700 °F that is used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel, and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that conforms to the requirements of MVNRLM diesel fuel is excluded from the definition of “ECA marine fuel” in this section without regard to its actual use). Use the distillation test method specified in 40 CFR 1065.1010 to determine the T90 of the fuel.
(1) Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of 40 CFR 1090.300, when such provisions are applicable to nonroad engines, is considered MVNRLM diesel fuel.
(2) [Reserved]
Nameplate capacity means the peak design capacity of a facility for the purposes of registration of a facility under this part.
Naphtha means a blendstock or fuel blending component falling within the boiling range of gasoline, which is composed of only hydrocarbons, is commonly or commercially known as naphtha, and is used to produce gasoline or E85 (as defined in 40 CFR 1090.80) through blending.
Natural gas means a fuel whose primary constituent is methane. Natural gas includes RNG.
Natural gas commercial pipeline system means one or more connected pipelines that transport natural gas that meets all the following:
(1) The natural gas originates from multiple parties.
(2) The natural gas meets specifications set by the pipeline owner or operator.
(3) The natural gas is delivered to multiple parties in the covered location.
Neat renewable fuel is a renewable fuel to which 1% or less of gasoline (as defined in this section) or diesel fuel has been added.
Non-ester renewable diesel or renewable diesel means renewable fuel that is not a mono-alkyl ester and that is either:
(1) A fuel or fuel additive that meets the Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by reference, see § 80.12) and can be used in an engine designed to operate on conventional diesel fuel; or
(2) A fuel or fuel additive that is registered under 40 CFR part 79 and can be used in an engine designed to operate using conventional diesel fuel.
Nonforested land means land that is not forestland.
Non-petroleum diesel means a diesel fuel that contains at least 80 percent mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats.
Non-qualifying fuel use means a use of renewable fuel in an application other than transportation fuel, heating oil, or jet fuel.
Non-renewable component means any material (or any portion thereof) blended into biogas or RNG that does not meet the definition of renewable biomass.
Non-renewable feedstock means a feedstock (or any portion thereof) that does not meet the definition of renewable biomass or biointermediate.
Non-RIN-generating foreign producer means a foreign renewable fuel producer that has been registered by EPA to produce renewable fuel for which RINs have not been generated.
Nonroad diesel engine means an engine that is designed to operate with diesel fuel that meets the definition of nonroad engine in 40 CFR 1068.30, including locomotive and marine diesel engines.
Nonroad vehicle has the meaning given in Section 216(11) of the Clean Air Act (42 U.S.C. 7550(11)).
Obligated party means any refiner that produces gasoline or diesel fuel within the covered location, or any importer that imports gasoline or diesel fuel into the covered location, during a compliance period. A party that simply blends renewable fuel into gasoline or diesel fuel, as specified in § 80.1407(c) or (e), is not an obligated party.
Ocean-going vessel means vessels that are equipped with engines meeting the definition of “Category 3” in 40 CFR 1042.901.
Oxygenate means any substance which, when added to gasoline, increases the oxygen content of that gasoline. Lawful use of any of the substances or any combination of these substances requires that they be “substantially similar” under section 211(f)(1) of the Clean Air Act (42 U.S.C. 7545(f)(1)), or be permitted under a waiver granted by EPA under the authority of section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)).
Oxygenated gasoline means gasoline which contains a measurable amount of oxygenate.
Pastureland is land managed for the production of select indigenous or introduced forage plants for livestock grazing or hay production, and to prevent succession to other plant types.
Permitted capacity means 105% of the maximum permissible volume output of renewable fuel that is allowed under operating conditions specified in the most restrictive of all applicable preconstruction, construction and operating permits issued by regulatory authorities (including local, regional, state or a foreign equivalent of a state, and federal permits, or permits issued by foreign governmental agencies) that govern the construction and/or operation of the renewable fuel facility, based on an annual volume output on a calendar year basis. If the permit specifies maximum rated volume output on an hourly basis, then annual volume output is determined by multiplying the hourly output by 8,322 hours per year.
(1) For facilities that commenced construction prior to December 19, 2007, the permitted capacity is based on permits issued or revised no later than December 19, 2007.
(2) For facilities that commenced construction after December 19, 2007 and before January 1, 2010 that are fired with natural gas, biomass, or a combination thereof, the permitted capacity is based on permits issued or revised no later than December 31, 2009.
(3) For facilities other than those specified in paragraphs (1) and (2) of this definition, permitted capacity is based on the most recent applicable permits.
Pipeline interconnect means the physical injection or withdrawal point where RNG is injected or withdrawn into or from the natural gas commercial pipeline system.
Planted crops are all annual or perennial agricultural crops from existing agricultural land that may be used as feedstocks for renewable fuel, such as grains, oilseeds, sugarcane, switchgrass, prairie grass, duckweed, and other species (but not including algae species or planted trees), providing that they were intentionally applied by humans to the ground, a growth medium, a pond or tank, either by direct application as seed or plant, or through intentional natural seeding or vegetative propagation by mature plants introduced or left undisturbed for that purpose.
Planted trees are trees harvested from a tree plantation.
Pre-commercial thinnings are trees, including unhealthy or diseased trees, removed to reduce stocking to concentrate growth on more desirable, healthy trees, or other vegetative material that is removed to promote tree growth.
Professional liability insurance means insurance coverage for liability arising out of the performance of professional or business duties related to a specific occupation, with coverage being tailored to the needs of the specific occupation. Examples include abstracters, accountants, insurance adjusters, architects, engineers, insurance agents and brokers, lawyers, real estate agents, stockbrokers, and veterinarians. For purposes of this definition, professional liability insurance does not include directors and officers liability insurance.
Q-RIN means a RIN verified by a registered independent third-party auditor using a QAP that has been approved under § 80.1469(c) following the audit process specified in § 80.1472.
Quality assurance audit means an audit of a renewable fuel production facility or biointermediate production facility conducted by an independent third-party auditor in accordance with a QAP that meets the requirements of §§ 80.1469, 80.1472, and 80.1477.
Quality assurance plan (QAP) means the list of elements that an independent third-party auditor will check to verify that the RINs generated by a renewable fuel producer or importer are valid or to verify the appropriate production of a biointermediate. A QAP includes both general and pathway specific elements.
Raw starch hydrolysis means the process of hydrolyzing corn starch into simple sugars at low temperatures, generally not exceeding 100 °F (38 °C), using enzymes designed to be effective under these conditions.
Refiner means any person who owns, leases, operates, controls, or supervises a refinery.
Refinery means any facility, including but not limited to, a plant, tanker truck, or vessel where gasoline or diesel fuel is produced, including any facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.
Reformulated gasoline (RFG) means any gasoline whose formulation has been certified under 40 CFR 1090.1000(b), and which meets each of the standards and requirements prescribed under 40 CFR 1090.220.
Reformulated gasoline blendstock for oxygenate blending (RBOB) means a petroleum product that, when blended with a specified type and percentage of oxygenate, meets the definition of reformulated gasoline, and to which the specified type and percentage of oxygenate is added other than by the refiner or importer of the RBOB at the refinery or import facility where the RBOB is produced or imported.
Renewable biomass means each of the following (including any incidental, de minimis contaminants that are impractical to remove and are related to customary feedstock production and transport):
(1) Planted crops and crop residue harvested from existing agricultural land cleared or cultivated prior to December 19, 2007 and that was nonforested and either actively managed or fallow on December 19, 2007.
(2) Planted trees and tree residue from a tree plantation located on non-federal land (including land belonging to an Indian tribe or an Indian individual that is held in trust by the U.S. or subject to a restriction against alienation imposed by the U.S.) that was cleared at any time prior to December 19, 2007 and actively managed on December 19, 2007.
(3) Animal waste material and animal byproducts.
(4) Slash and pre-commercial thinnings from non-federal forestland (including forestland belonging to an Indian tribe or an Indian individual, that are held in trust by the United States or subject to a restriction against alienation imposed by the United States) that is not ecologically sensitive forestland.
(5) Biomass (organic matter that is available on a renewable or recurring basis) obtained from within 200 feet of buildings and other areas regularly occupied by people, or of public infrastructure, in an area at risk of wildfire.
(6) Algae.
(7) Separated yard waste or food waste, including recycled cooking and trap grease.
Renewable compressed natural gas or renewable CNG means biogas, treated biogas, or RNG that is compressed for use as transportation fuel and meets the definition of renewable fuel.
Renewable electricity means electricity that meets the definition of renewable fuel.
Renewable fuel means a fuel that meets all the following requirements:
(1)(i) Fuel that is produced either from renewable biomass or from a biointermediate produced from renewable biomass.
(ii) Fuel that is used in the covered location to replace or reduce the quantity of fossil fuel present in a transportation fuel, heating oil, or jet fuel.
(iii) Has lifecycle greenhouse gas emissions that are at least 20 percent less than baseline lifecycle greenhouse gas emissions, unless the fuel is exempt from this requirement pursuant to § 80.1403.
(2) Ethanol covered by this definition must be denatured using an ethanol denaturant as required in 27 CFR parts 19 through 21. Any volume of ethanol denaturant added to the undenatured ethanol by a producer or importer in excess of 2 volume percent must not be included in the volume of ethanol for purposes of determining compliance with the requirements of this part.
Renewable gasoline means renewable fuel produced from renewable biomass that is composed of only hydrocarbons and that meets the definition of gasoline.
Renewable gasoline blendstock means a blendstock produced from renewable biomass that is composed of only hydrocarbons and which meets the definition of gasoline blendstock in § 80.2.
Renewable Identification Number (RIN) is a unique number generated to represent a volume of renewable fuel pursuant to §§ 80.1425 and 80.1426.
(1) Gallon-RIN is a RIN that represents an individual gallon of renewable fuel used for compliance purposes pursuant to § 80.1427 to satisfy a renewable volume obligation.
(2) Batch-RIN is a RIN that represents multiple gallon-RINs.
Renewable liquefied natural gas or renewable LNG means biogas, treated biogas, or RNG that is liquified ( i.e., it is cooled below its boiling point) for use as transportation fuel and meets the definition of renewable fuel.
Renewable natural gas (RNG) means a product that meets all the following requirements:
(1) It is produced from biogas.
(2) It does not require removal of additional components to be suitable for injection into the natural gas commercial pipeline system.
(3) It is used to produce renewable fuel.
Residual fuel means a petroleum fuel that can only be used in diesel engines if it is preheated before injection. For example, No. 5 fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note: Residual fuels do not necessarily require heating for storage or pumping.
Responsible corporate officer (RCO) has the meaning given in 40 CFR 1090.80.
Retail outlet means any establishment at which gasoline, diesel fuel, natural gas or liquefied petroleum gas is sold or offered for sale for use in motor vehicles or nonroad engines, including locomotive or marine engines.
Retailer means any person who owns, leases, operates, controls, or supervises a retail outlet.
RIN-generating foreign producer means a foreign renewable fuel producer that has been registered by EPA to generate RINs for renewable fuel it produces.
RIN generator means any party allowed to generate RINs under this part.
RIN-less RNG means RNG produced by a foreign RNG producer and for which RINs were not generated by the foreign RNG producer.
RNG importer means any person who imports RNG into the covered location and generates RINs for the RNG as specified in § 80.125.
RNG producer means any person who owns, leases, operates, controls, or supervises an RNG production facility.
RNG production facility means a facility where biogas is upgraded to RNG under an approved pathway.
RNG RIN separator means any person registered to separate RINs for RNG under § 80.125(d).
RNG used as a feedstock or RNG as a feedstock means any RNG used to produce renewable fuel under § 80.125.
Separated food waste means a feedstock stream consisting of food waste kept separate since generation from other waste materials, and which includes food and beverage production waste and post-consumer food and beverage waste.
Separated municipal solid waste or separated MSW means material remaining after separation actions have been taken to remove recyclable paper, cardboard, plastics, rubber, textiles, metals, and glass from municipal solid waste, and which is composed of both cellulosic and non-cellulosic materials.
Separated RIN means a RIN with a K code of 2 that has been separated from a volume of renewable fuel or RNG pursuant to § 80.1429.
Separated yard waste means a feedstock stream consisting of yard waste kept separate since generation from other waste materials.
Slash is the residue, including treetops, branches, and bark, left on the ground after logging or accumulating as a result of a storm, fire, delimbing, or other similar disturbance.
Small refinery means a refinery for which the average aggregate daily crude oil throughput (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.
Soapstock means an emulsion, or the oil obtained from separation of that emulsion, produced by washing oils listed as a feedstock in an approved pathway with water.
Standard temperature and pressure (STP) means 60 degrees Fahrenheit and 1 atmosphere of pressure.
Transportation fuel means fuel for use in motor vehicles, motor vehicle engines, nonroad vehicles, or nonroad engines (except fuel for use in ocean-going vessels).
Treated biogas means a product that meets all the following requirements:
(1) It is produced from biogas.
(2) It does not require removal of additional components to be suitable for its designated use ( e.g., as a biointermediate or to produce biogas-derived renewable fuel).
(3) It is used in a biogas closed distribution system as a biointermediate or to produce biogas-derived renewable fuel.
Tree plantation is a stand of no less than 1 acre composed primarily of trees established by hand- or machine-planting of a seed or sapling, or by coppice growth from the stump or root of a tree that was hand- or machine-planted. Tree plantations must have been cleared prior to December 19, 2007 and must have been actively managed on December 19, 2007, as evidenced by records which must be traceable to the land in question, which must include:
(1) Sales records for planted trees or tree residue together with other written documentation connecting the land in question to these purchases;
(2) Purchasing records for seeds, seedlings, or other nursery stock together with other written documentation connecting the land in question to these purchases;
(3) A written management plan for silvicultural purposes;
(4) Documentation of participation in a silvicultural program sponsored by a Federal, state, or local government agency;
(5) Documentation of land management in accordance with an agricultural or silvicultural product certification program;
(6) An agreement for land management consultation with a professional forester that identifies the land in question; or
(7) Evidence of the existence and ongoing maintenance of a road system or other physical infrastructure designed and maintained for logging use, together with one of the above-mentioned documents.
Tree residue is slash and any woody residue generated during the processing of planted trees from tree plantations for use in lumber, paper, furniture, or other applications, provided that such woody residue is not mixed with similar residue from trees that do not originate in tree plantations.
Undenatured ethanol means a liquid that meets one of the definitions in paragraph (1) of this definition:
(1)(i) Ethanol that has not been denatured as required in 27 CFR parts 19 through 21.
(ii) Specially denatured alcohol as defined in 27 CFR 21.11.
(2) Undenatured ethanol is not renewable fuel.
United States has the meaning given in 40 CFR 1090.80.
Verification status means a description of whether biogas, treated biogas, RNG, or a RIN has been verified under an EPA-approved quality assurance plan.
Verified RIN means a RIN generated by a renewable fuel producer that was subject to a QAP audit executed by an independent third-party auditor, and determined by the independent third-party auditor to be valid. Verified RINs includes A-RINs, B-RINs, and Q-RINs.
Wholesale purchaser-consumer means any person that is an ultimate consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum gas and which purchases or obtains gasoline, diesel fuel, natural gas or liquefied petroleum gas from a supplier for use in motor vehicles or nonroad engines, including locomotive or marine engines and, in the case of gasoline, diesel fuel, or liquefied petroleum gas, receives delivery of that product into a storage tank of at least 550-gallon capacity substantially under the control of that person.
§ 80.3   Acronyms and abbreviations.
§ 80.4   Right of entry; tests and inspections.
EPA, upon presentation of appropriate credentials, shall have a right to enter upon or through any refinery, retail outlet, wholesale purchaser-consumer facility, or detergent manufacturer facility; or the premises or property of any gasoline or detergent distributor, carrier, or importer; or any place where gasoline or detergent is stored; and shall have the right to make inspections, take samples, obtain information and records, and conduct tests to determine compliance with the requirements of this part.
§ 80.5   Penalties.
Any person who violates these regulations shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation. Any violation with respect to a regulation proscribed under section 211(c), (k), (l) or (m) of the Act which establishes a regulatory standard based upon a multi-day averaging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be assessed in accordance with section 205(b) and (c) of the Act. The civil monetary penalty amount listed in this section may not reflect recent inflation adjustments EPA is required to make. The current maximum and minimum statutory civil penalty amounts are located in § 19.4.
§ 80.7   Requests for information.
(a) When EPA has reason to believe that a violation of section 211(c) or section 211(n) of the Clean Air Act and the regulations thereunder has occurred, EPA may require any refiner, distributor, wholesale purchaser-consumer, or retailer to report the following information regarding receipt, transfer, delivery, or sale of gasoline represented to be unleaded gasoline and to allow the reproduction of such information at all reasonable times.
(1) For any bulk shipment of gasoline represented to be unleaded gasoline which is transferred, sold, or delivered within the previous 6 months by a refiner or a distributor to a distributor, wholesale purchaser-consumer or a retail outlet, the refiner or distributor shall maintain and provide the following information as applicable:
(i) Business or corporate name and address of distributors, wholesale purchaser-consumers or retail outlets to which the gasoline has been transferred, sold, or delivered.
(ii) Quantity of gasoline involved.
(iii) Date of delivery.
(iv) Storage location of gasoline prior to transit via delivery vessel (e.g., location of a bulk terminal).
(v) Business or corporate name and address of the person who delivered the gasoline.
(vi) Identification of delivery vessel (e.g., truck number). This information shall be supplied by the person in paragraph (a)(1)(v) of this section who performed the delivery, e.g., common or contract carrier.
(2) For any bulk shipment of gasoline represented to be unleaded gasoline received by a retail outlet or a wholesale-purchaser-consumer facility within the previous 6 months, whether by purchase or otherwise, the retailer or wholesale purchaser-consumer shall maintain accessibility to and provide the following information:
(i) Business or corporate name and address of the distributor.
(ii) Quantity of gasoline received.
(iii) Date of receipt.
(b) Upon request by EPA, any retailer shall provide documentation of his annual total sales volume in gallons of gasoline for each retail outlet for each calendar year beginning with 1971.
(c) Any refiner, distributor, wholesale purchaser-consumer, retailer, or importer must provide such other information as EPA may reasonably require to enable the Agency to determine whether such refiner, distributor, wholesale purchaser-consumer, retailer, or importer has acted or is acting in compliance with sections 211(c) and 211(n) of the Clean Air Act and the regulations thereunder and must, upon request of EPA, produce and allow reproduction of any relevant records at all reasonable times. Such information may include but is not limited to records of unleaded gasoline inventory at a wholesale purchaser-consumer facility or a retail outlet, unleaded pump meter readings at a wholesale purchaser-consumer facility or a retail outlet, and receipts providing the date of acquisition of signs, labels, and nozzles required by 40 CFR 1090.1550. No person shall be required to furnish information requested under this paragraph if he can establish that such information is not maintained in the normal course of his business.
§ 80.8   Sampling methods for gasoline, diesel fuel, fuel additives, and renewable fuels.
(a) Manual sampling. Manual sampling of tanks and pipelines shall be performed according to the applicable procedures specified in ASTM D4057 (incorporated by reference, see § 80.12).
(b) Automatic sampling. Automatic sampling of petroleum products in pipelines shall be performed according to the applicable procedures specified in ASTM D4177 (incorporated by reference, see § 80.12).
(c) Sampling and sample handling for volatility measurement. Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected and handled according to the applicable procedures specified in ASTM D5842 (incorporated by reference, see § 80.12).
(d) Sample compositing. Composite samples shall be prepared using the applicable procedures specified in ASTM D5854 (incorporated by reference, see § 80.12).
§ 80.9   Rounding.
(a) Test results and calculated values reported to EPA under this part must be rounded according to 40 CFR 1090.50(a) through (d).
(b) Calculated values under this part may only be rounded when reported to EPA.
(c) Reported values under this part must be submitted using forms and procedures specified by EPA.
§ 80.10   Addresses.
(a) For submitting notifications, applications, petitions, or other communications with EPA, use one of the following addresses for mailing:
(1) For U.S. Mail: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code 6405A, Washington, DC 20460.
(2) For commercial service: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, William Jefferson Clinton Building North, Mail Code 6405A, Room 6520V, 1200 Pennsylvania Ave. NW, Washington, DC 20004; Phone: 1-800-385-6164.
(b) [Reserved]
§ 80.11   Confidentiality of information.
(a) Except as specified in paragraph (b) of this section, information obtained by the Administrator or his representatives pursuant to this part shall be treated, in so far as its confidentiality is concerned, in accordance with the provisions of 40 CFR part 2, subpart B.
(b) Information contained in EPA notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments is not entitled to confidential treatment and therefore EPA may publicly disclose such information. Such information includes the company name and EPA-issued company identification number, the facility name and EPA-issued facility identification number, the total quantity of fuel and parameter, the time or time period when the violation occurred, information relating to the generation, transfer, or use of credits, and any other information relevant to describing the violation.
§ 80.12   Incorporation by reference.
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at U.S. EPA and at the National Archives and Records Administration (NARA). Contact U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; (202) 566-1742. For information on the availability of this material at NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the following sources:
(a) American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571; (202) 682-8000; www.api.org.
(1) API MPMS 14.1-2016, Manual of Petroleum Measurement Standards Chapter 14—Natural Gas Fluids Measurement Section 1—Collecting and Handling of Natural Gas Samples for Custody Transfer, 7th Edition, May 2016 (“API MPMS 14.1”); IBR approved for § 80.155(b).
(2) API MPMS 14.3.1-2012, Manual of Petroleum Measurement Standards Chapter 14.3.1—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 1: General Equations and Uncertainty Guidelines, 4th Edition, including Errata July 2013, Reaffirmed, July 2022 (“API MPMS 14.3.1”); IBR approved for § 80.155(a).
(3) API MPMS 14.3.2-2016, Manual of Petroleum Measurement Standards Chapter 14.3.2—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 2: Specification and Installation Requirements, 5th Edition, March 2016 (“API MPMS 14.3.2”); IBR approved for § 80.155(a).
(4) API MPMS 14.3.3-2013, Manual of Petroleum Measurement Standards Chapter 14.3.3—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 3: Natural Gas Applications, 4th Edition, Reaffirmed, June 2021 (“API MPMS 14.3.3”); IBR approved for § 80.155(a).
(5) API MPMS 14.3.4-2019, Manual of Petroleum Measurement Standards Chapter 14.3.4—Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids—Concentric, Square-edged Orifice Meters Part 4—Background, Development, Implementation Procedure, and Example Calculations, 4th Edition, October 2019 (“API MPMS 14.3.4”); IBR approved for § 80.155(a).
(6) API MPMS 14.12-2017, Manual of Petroleum Measurement Standards Chapter 14—Natural Gas Fluid Measurement Section 12—Measurement of Gas by Vortex Meters, 1st Edition, March 2017 (“API MPMS 14.12”); IBR approved for § 80.155(a).
API MPMS 14.3.1, 14.3.2, 14.3.3, and 141.3.4, are co-published as AGA Report 3, Parts 1, 2, 3, and 4, respectively.
(b) American Public Health Association (APHA), 1015 15th Street NW, Washington, DC 20005; (202) 777-2742; www.standardmethods.org.
(1) SM 2540, Solids, revised June 10, 2020; IBR approved for § 80.155(c).
(2) [Reserved]
(c) ASTM International (ASTM), 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org.
(1) ASTM D975-21, Standard Specification for Diesel Fuel, approved August 1, 2021 (“ASTM D975”); IBR approved for §§ 80.2; 80.1426(f); 80.1450(b); 80.1451(b); 80.1454(l).
(2) ASTM D1250-19e1, Standard Guide for the Use of the Joint API and ASTM Adjunct for Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils: API MPMS Chapter 11.1, approved May 1, 2019 (“ASTM D1250”); IBR approved for § 80.1426(f).
(3) ASTM D3588-98 (Reapproved 2017)e1, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, approved April 1, 2017 (“ASTM D3588”); IBR approved for § 80.155(b) and (f).
(4) ASTM D4057-12, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”); IBR approved for § 80.8(a).
(5) ASTM D4177-95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D4177”); IBR approved for § 80.8(b).
(6) ASTM D4442-20, Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Based Materials, approved March 1, 2020 (“ASTM D4442”); IBR approved for § 80.1426(f).
(7) ASTM D4444-13 (Reapproved 2018), Standard Test Method for Laboratory Standardization and Calibration of Hand-Held Moisture Meters, reapproved July 1, 2018 (“ASTM D4444”); IBR approved for § 80.1426(f).
(8) ASTM D4888-20, Standard Test Method for Water Vapor in Natural Gas Using Length-of-Stain Detector Tubes, approved December 15, 2020 (“ASTM D4888”); IBR approved for § 80.155(b).
(9) ASTM D5504-20, Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence, approved November 1, 2020 (“ASTM D5504”); IBR approved for § 80.155(b).
(10) ASTM D5842-14, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved January 15, 2014 (“ASTM D5842”); IBR approved for § 80.8(c).
(11) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D5854”); IBR approved for § 80.8(d).
(12) ASTM D6751-24, Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels, approved March 1, 2024 (“ASTM D6751”); IBR approved for § 80.2.
(13) ASTM D6866-22, Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis, approved March 15, 2022 (“ASTM D6866”); IBR approved for §§ 80.155(b); 80.1426(f); 80.1430(e).
(14) ASTM D7164-21, Standard Practice for On-line/At-line Heating Value Determination of Gaseous Fuels by Gas Chromatography, approved April 1, 2021 (“ASTM D7164”); IBR approved for § 80.155(a).
(15) ASTM D8230-19, Standard Test Method for Measurement of Volatile Silicon-Containing Compounds in a Gaseous Fuel Sample Using Gas Chromatography with Spectroscopic Detection, approved June 1, 2019 (“ASTM D8230”); IBR approved for § 80.155(b).
(16) ASTM E711-87 (Reapproved 2004), Standard Test Method for Gross Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, reapproved 2004 (“ASTM E711”); IBR approved for § 80.1426(f).
(17) ASTM E870-82 (Reapproved 2019), Standard Test Methods for Analysis of Wood Fuels, reapproved April 1, 2019 (“ASTM E870”); IBR approved for § 80.1426(f).
(d) European Committee for Standardization (CEN), Rue de la Science 23, B-1040 Brussels, Belgium; + 32 2 550 08 11; www.cencenelec.eu.
(1) EN 17526:2021(E), Gas meter—Thermal-mass flow-meter based gas meter, approved July 11, 2021 (“EN 17526”); IBR approved for § 80.155(a).
(2) [Reserved]
§ 80.35   Labeling of retail gasoline pumps; oxygenated gasoline.
(a) For oxygenated gasoline programs with a minimum oxygen content per gallon or minimum oxygen content requirement in conjunction with a credit program, the following shall apply:
(1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement:
(2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.
(3) The retailer shall be responsible for compliance with the labeling requirements of this section.
(b) For oxygenated gasoline programs with a credit program and no minimum oxygen content requirement, the following shall apply:
(1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement:
(2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.
(3) The retailer shall be responsible for compliance with the labeling requirements of this section.
§§ 80.36-80.39   [Reserved]
§ 80.100   Scope and application.
(a) Applicability. (1) The provisions of this subpart E apply to all the following:
(i) Biogas.
(ii) Treated biogas.
(iii) Biogas-derived renewable fuel.
(iv) RNG used to produce a biogas-derived renewable fuel.
(v) RINs generated for RNG or a biogas-derived renewable fuel.
(2) This subpart also specifies requirements for specified parties that engage in activities associated with the production, distribution, transfer, or use of biogas, treated biogas, biogas-derived renewable fuel, RNG used to produce a biogas-derived renewable fuel, and RINs generated for a biogas-derived renewable fuel under the RFS program.
(b) Relationship to other fuels regulations. (1) The provisions of subpart M of this part also apply to the parties and products regulated under this subpart E.
(2) The provisions of 40 CFR part 1090 include provisions that may apply to the parties and products regulated under this subpart E.
(3) Parties and products subject to this subpart E may need to register a fuel or fuel additive under 40 CFR part 79.
(c) Geographic scope. RINs must only be generated for biogas-derived renewable fuel used in the covered location.
(d) Implementation dates —(1) General. The provisions of this subpart E apply beginning July 1, 2024, unless otherwise specified.
(2) Registration. (i) Parties not registered to generate RINs under § 80.1426(f)(10)(ii) or (11)(ii) prior to July 1, 2024, must register with EPA under § 80.135. EPA will not accept registration submissions for the generation of RINs under § 80.1426(f)(10)(ii) and (11)(ii) on or after July 1, 2024.
(ii) Parties registered to generate RINs under § 80.1426(f)(10)(ii) or (11)(ii) must submit updated registration information under § 80.135 no later than October 1, 2024.
(iii) Independent third-party engineers may conduct engineering reviews for parties required to register under § 80.135 prior to July 1, 2024, as long as the engineering review satisfies all applicable requirements under §§ 80.135 and 80.1450.
(3) Generation of RINs for RNG. RNG producers may only generate RINs for RNG produced on or after July 1, 2024, as specified in § 80.125.
(4) Generation of RINs for renewable CNG/LNG for previously registered facilities. (i)(A) Prior to January 1, 2025, RIN generators may generate RINs as specified in § 80.1426(f)(10)(ii) or (11)(ii) for renewable CNG/LNG produced from a facility covered by a registration accepted by EPA under § 80.1450(b) prior to July 1, 2024.
(B) Biogas or RNG produced under a registration accepted by EPA under § 80.1450(b) for the generation of RINs as specified in § 80.1426(f)(10)(ii) or (11)(ii) prior to July 1, 2024, may only be used to generate RINs for renewable CNG/LNG.
(ii) For biogas produced on or after January 1, 2025, biogas closed distribution system RIN generators must generate RINs for renewable CNG/LNG as specified in § 80.130.
(5) Generation of RINs for renewable fuel produced from biogas used as a biointermediate. Renewable fuel producers must only generate RINs for renewable fuel produced from biogas used as a biointermediate produced on or after July 1, 2024.
§ 80.105   Biogas producers.
(a) General requirements. (1) Any biogas producer that produces biogas for use to produce RNG or a biogas-derived renewable fuel, or that produces biogas used as a biointermediate, must comply with the requirements of this section.
(2) The biogas producer must also comply with all other applicable requirements of this part and 40 CFR part 1090.
(3) If the biogas producer meets the definition of more than one type of regulated party under this part or 40 CFR part 1090, the biogas producer must comply with the requirements applicable to each of those types of regulated parties.
(4) The biogas producer must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section.
(b) Registration. The biogas producer must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable.
(c) Reporting. The biogas producer must submit reports to EPA under §§ 80.140 and 80.1451, as applicable.
(d) Recordkeeping. The biogas producer must create and maintain records under §§ 80.145 and 80.1454.
(e) PTDs. On each occasion when the biogas producer transfers title of any biogas, the transferor must provide to the transferee PTDs under § 80.150.
(f) Sampling, testing, and measurement. (1) All sampling, testing, and measurements must be done in accordance with § 80.155.
(2)(i) A biogas producer must measure the volume of biogas, in Btu HHV, prior to converting biogas to any of the following:
(A) RNG.
(B) Treated biogas.
(C) Biointermediate.
(D) Biogas-derived renewable fuel.
(E) Process heat or energy under § 80.1426(f)(12) or (13).
(ii) Except for biogas produced from a mixed digester, a biogas producer must measure the volume of biogas, in Btu HHV, for each batch pathway prior to mixing with biogas produced under a different batch pathway or with non-qualifying gas.
(iii) For biogas produced from a mixed digester, a biogas producer must do all the following for each mixed digester:
(A) Measure the volume of biogas, in Btu HHV, prior to mixing with any other gas.
(B) Measure the daily mass of the cellulosic biogas feedstock, in pounds, added to the mixed digester.
(C) Collect a daily representative sample of each cellulosic biogas feedstock and test for total solids and volatile solids as specified in § 80.155(c).
(D) Measure and calculate the digester operating conditions as specified in § 80.155(d).
(iv) A biogas producer must measure each volume of gas containing biogas, in Btu HHV, that leaves the facility.
(g) Foreign biogas producer requirements. A foreign biogas producer must meet all the requirements that apply to a biogas producer under this part, as well as the additional requirements for foreign biogas producers specified in § 80.160.
(h) Attest engagements. The biogas producer must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805.
(i) QAP. Prior to the generation of Q-RINs for a biogas-derived renewable fuel, the biogas producer must meet all applicable requirements specified in § 80.170.
(j) Batches. (1) Except for biogas produced from a mixed digester, the batch volume of biogas is the volume of biogas measured under paragraph (f) of this section for a single batch pathway at a single facility for a calendar month, in Btu HHV.
(2) For biogas produced from a mixed digester, the batch volume of biogas must be calculated as follows:
(i) The batch volume of biogas produced under an approved pathway with a D code of 5 must be calculated as follows:
V BG,D5 = The batch volume of biogas for an approved pathway with a D code of 5 for the calendar month, in Btu HHV. If the result of this equation is negative, then V BG,D5,p equals 0.
(ii) The batch volume of biogas produced under an approved pathway with a D code of 3 or 7 must be calculated as follows:
(iii) The biogas energy value for each cellulosic biogas feedstock must be calculated as follows:
(iv) Biogas producers must use one of the following cellulosic conversion factors, as applicable:
(A) Swine manure: 1,936 Btu HHV/lb.
(B) Bovine manure: 2,077 Btu HHV/lb.
(C) Chicken manure: 3,001 Btu HHV/lb.
(D) Municipal wastewater treatment sludge: 3,479 Btu HHV/lb.
(E) A cellulosic conversion factor accepted at registration under § 80.135(c)(10)(vi).
(v) Applicable operating conditions for the cellulosic converted fractions specified in paragraph (j)(2)(iv) of this section are the following:
(A) For the cellulosic converted fraction values specified in paragraphs (j)(2)(iv)(A) through (D) of this section, the mixed digester must continuously operate above 95 degrees Fahrenheit with hydraulic and solids mean residence times greater than 20 days.
(B) For the cellulosic converted fraction value specified in paragraph (j)(2)(iv)(E) of this section, the mixed digester must operate according to the conditions accepted at registration under § 80.135(c)(10)(vi)(A)( 4 ).
(3) The biogas producer must assign a number (the “batch number”) to each batch of biogas consisting of their EPA-issued company registration number, the EPA-issued facility registration number, the last two digits of the compliance year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced each compliance year and each subsequent batch during the compliance year being assigned the next sequential number ( e.g., 4321-54321-23-000001, 4321-54321-23-000002, etc.).
(k) Limitations. (1) For each biogas production facility, the biogas producer must only supply biogas for only one of the following uses:
(i) Production of renewable CNG/LNG via a biogas closed distribution system.
(ii) As a biointermediate via a biogas closed distribution system.
(iii) Production of RNG.
(2) For each biogas production facility producing biogas for use as a biointermediate in a biogas closed distribution system, the biogas producer must only supply biogas or treated biogas to a single renewable fuel production facility.
(3) If the biogas producer operates a municipal wastewater treatment facility digester, the biogas producer must not introduce any feedstocks into that digester that do not contain at least 75% average adjusted cellulosic content.
(4) The transfer and batch segregation limits specified in § 80.1476(g) do not apply.
§ 80.110   RNG producers, RNG importers, and biogas closed distribution system RIN generators.
(a) General requirements. (1) Any RNG producer, RNG importer, or biogas closed distribution system RIN generator that generates RINs must comply with the requirements of this section.
(2) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must also comply with all other applicable requirements of this part and 40 CFR part 1090.
(3) If the RNG producer, RNG importer, or biogas closed distribution system RIN generator meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the RNG producer, RNG importer, or biogas closed distribution system RIN generator must comply with the requirements applicable to each of those types of regulated parties.
(4) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section.
(5) The transfer and batch segregation limits specified in § 80.1476(g) do not apply.
(b) Registration. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable.
(c) Reporting. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable.
(d) Recordkeeping. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must create and maintain records under §§ 80.145 and 80.1454.
(e) PTDs. On each occasion when the RNG producer, RNG importer, or biogas closed distribution system RIN generator transfers RNG, renewable fuel, or RINs to another party, the transferor must provide to the transferee PTDs under §§ 80.150 and 80.1453, as applicable.
(f) Sampling, testing, and measurement. (1) All sampling, testing, and measurements must be done in accordance with § 80.155.
(2)(i) An RNG producer must measure the volume of RNG, in Btu LHV, prior to injection of RNG from the RNG production facility into a natural gas commercial pipeline system.
(ii) An RNG producer that trucks RNG from the RNG production facility to a pipeline interconnect must measure the volume of RNG, in Btu LHV, upon loading and unloading of each truck.
(iii) An RNG producer that injects RNG from an RNG production facility into a natural gas commercial pipeline system must sample and test a representative sample of all the following at least once per calendar year, as applicable:
(A) Biogas used to produce RNG.
(B) RNG before blending with non-renewable components.
(C) RNG after blending with non-renewable components.
(iv) A party that upgrades biogas to treated biogas must separately measure all the following, as applicable:
(A) The volume of biogas, in Btu HHV, used to produce treated biogas, a biogas-derived renewable fuel, or as a biointermediate.
(B) The volume of treated biogas, in Btu HHV, prior to addition of any non-renewable components.
(C) The volume of biointermediate or biogas-derived renewable fuel produced from the biogas or treated biogas. If the biogas-derived renewable fuel is renewable CNG/LNG, then this volume must be measured in both Btu HHV and Btu LHV.
(3) A biogas closed distribution RIN generator must measure renewable CNG/LNG in Btu LHV.
(g) Foreign RNG producer, RNG importer, and foreign biogas closed distribution system RIN generator requirements. (1)(i) A foreign RNG producer must meet all the requirements that apply to an RNG producer under this part, as well as the additional requirements for foreign RNG producers specified in § 80.160.
(ii) A foreign RNG producer must either generate RINs under § 80.125 or enter into a contract with an RNG importer as specified in § 80.160(e).
(2) An RNG importer must meet all the requirements specified in § 80.160(h).
(3) A foreign biogas closed distribution system RIN generator must meet all the requirements that apply to a biogas closed distribution system RIN generator under this part, as well as the additional requirements for foreign biogas closed distribution system RIN generators specified in § 80.160 and for RIN-generating foreign renewable fuel producers specified in § 80.1466.
(h) Attest engagements. The RNG producer, RNG importer, or biogas closed distribution system RIN generator must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805.
(i) QAP. Prior to the generation of a Q-RIN for RNG or biogas-derived renewable fuel, the RNG producer, RNG importer, or biogas closed distribution system RIN generator must meet all applicable requirements specified in § 80.170.
(j) Batches. (1) A batch of RNG is the total volume of RNG produced at an RNG production facility under a single batch pathway for the calendar month, in Btu LHV, as determined under paragraph (j)(4) of this section.
(2) A batch of biogas-derived renewable fuel must comply with the requirements specified in § 80.1426(d).
(3) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must assign a number (the “batch number”) to each batch of RNG or biogas-derived renewable fuel consisting of their EPA-issued company registration number, the EPA-issued facility registration number, the last two digits of the compliance year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced each compliance year and each subsequent batch during the compliance year being assigned the next sequential number ( e.g., 4321-54321-23-000001, 4321-54321-23-000002, etc.).
(4) The batch volume of RNG must be calculated as follows:
§ 80.115   RNG RIN separators.
(a) General requirements. (1) Any RNG RIN separator must comply with the requirements of this section.
(2) The RNG RIN separator must also comply with all other applicable requirements of this part and 40 CFR part 1090.
(3) If the RNG RIN separator meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the RNG RIN separator must comply with the requirements applicable to each of those types of regulated parties.
(4) The RNG RIN separator must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section.
(b) Registration. (1) The RNG RIN separator must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable.
(2) A dispensing location may only be included in one RNG RIN separator's registration at a time.
(c) Reporting. The RNG RIN separator must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable.
(d) Recordkeeping. The RNG RIN separator must create and maintain records under §§ 80.145 and 80.1454.
(e) PTDs. On each occasion when the RNG RIN separator transfers title of renewable fuel and RINs to another party, the transferor must provide to the transferee PTDs under § 80.1453.
(f) Measurement. (1) All measurements must be done in accordance with § 80.155.
(2) An RNG RIN separator must measure the volume of natural gas, in Btu LHV, withdrawn from the natural gas commercial pipeline system.
(g) Attest engagements. The RNG RIN separator must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805.
§ 80.120   Parties that use biogas as a biointermediate or RNG as a feedstock or as process heat or energy.
(a) General requirements. (1) Any renewable fuel producer that uses biogas as a biointermediate or RNG as a feedstock or as process heat or energy under § 80.1426(f)(12) or (13) must comply with the requirements of this section.
(2) The renewable fuel producer must also comply with all other applicable requirements of this part and 40 CFR part 1090.
(3) If the renewable fuel producer meets the definition of more than one type of regulated party under this part or 40 CFR 1090, the renewable fuel producer must comply with the requirements applicable to each of those types of regulated parties.
(4) The renewable fuel producer must comply with all applicable requirements of this part, regardless of whether they are identified in this section.
(5) The transfer and batch segregation limits specified in § 80.1476(g) do not apply.
(b) Registration. The renewable fuel producer must register with EPA under §§ 80.135, 80.1450, and 40 CFR part 1090, subpart I, as applicable.
(c) Reporting. The renewable fuel producer must submit reports to EPA under §§ 80.140, 80.1451, and 80.1452, as applicable.
(d) Recordkeeping. The renewable fuel producer must create and maintain records under §§ 80.145 and 80.1454.
(e) PTDs. On each occasion when the renewable fuel producer transfers title of biogas-derived renewable fuel and RINs to another party, the transferor must provide to the transferee PTDs under §§ 80.150 and 80.1453.
(f) Measurement. (1) All measurements must be done in accordance with § 80.155.
(2) A renewable fuel producer must measure the volume of natural gas, in Btu LHV, withdrawn from the natural gas commercial pipeline system.
(g) Attest engagements. The renewable fuel producer must submit annual attest engagement reports to EPA under §§ 80.165 and 80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805.
(h) QAP. Prior to the generation of a Q-RIN for biogas-derived renewable fuel produced from biogas used as a biointermediate or RNG used as a feedstock, the renewable fuel producer must meet all applicable requirements specified in § 80.170.
§ 80.125   RINs for RNG.
(a) General requirements. (1) Any party that generates, assigns, transfers, receives, separates, or retires RINs for RNG must comply with the requirements of this section.
(2) Any party that transacts RINs for RNG under this section must transact the RINs as specified in § 80.1452.
(b) RIN generation. (1) Only RNG producers may generate RINs for RNG injected into a natural gas commercial pipeline system.
(2) RNG producers must generate RINs for only the biomethane content of biogas supplied by a biogas producer registered under § 80.135.
(3) RNG producers must generate RINs using the applicable requirements for RIN generation in § 80.1426.
(4) If non-renewable components are blended into RNG, the RNG producer must generate RINs for only the biomethane content of the RNG prior to blending.
(5) RNG producers must use the measurement procedures specified in § 80.155 to determine the heating value of RNG for the generation of RINs.
(6) The number of RINs generated for a batch volume of RNG under each batch pathway must be calculated as follows:
(7) When RNG is injected from multiple RNG production facilities at a pipeline interconnect, the total number of RINs generated must not be greater than the total number of RINs eligible to be generated under § 80.1415(b)(5) for the total volume of RNG injected by all RNG production facilities at that pipeline interconnect.
(8) For RNG that is trucked prior to injection into a natural gas commercial pipeline system, the total volume of RNG injected for the calendar month, in Btu LHV, must not be greater than the lesser of the total loading or unloading volume measurement for the month, in Btu LHV, as required under § 80.110(f)(2)(ii).
(9) Renewable fuel producers that retire RINs for RNG used as a feedstock under paragraph (e) of this section may only generate RINs for the renewable fuel produced from RNG if all applicable requirements under this part are met.
(c) RIN assignment and transfer. (1) RNG producers must assign the RINs generated for a batch of RNG to the specific volume of RNG injected into the natural gas commercial pipeline system.
(2) Except as specified in paragraph (c)(1) of this section, no party may assign a RIN to a volume of RNG.
(3) Each party that transfers title of a volume of RNG to another party must transfer title of any assigned RINs for the volume of RNG to the transferee.
(d) RIN separation. (1) Only the following parties may separate a RIN from RNG:
(i) The party that withdrew the RNG from the natural gas commercial pipeline system.
(ii) The party that produced or oversaw the production of the renewable CNG/LNG from the RNG.
(iii) The party that used or dispensed for use the renewable CNG/LNG as transportation fuel.
(2) An RNG RIN separator must only separate a RIN from RNG if all the following requirements are met:
(i) The RNG used to produce the renewable CNG/LNG was measured using the procedures specified in § 80.155.
(ii) The RNG RIN separator has the following documentation demonstrating that the volume of renewable CNG/LNG was used as transportation fuel:
(A) If the RNG RIN separator sold or used the renewable CNG/LNG, records demonstrating the date, location, and volume of renewable CNG/LNG sold or used as transportation fuel.
(B) If the RNG RIN separator is relying on documentation from another party, all the following as applicable:
( 1 ) A written contract with the other party for the sale or use of the renewable CNG/LNG as transportation fuel.
( 2 ) Records from the other party demonstrating the date, location, and volume of renewable CNG/LNG sold or used as transportation fuel.
( 3 ) An affidavit from each other party confirming all the following:
( i ) That the volume of renewable CNG/LNG was used as transportation fuel and for no other purpose.
( ii ) That the party will not separate RINs for this volume of RNG.
( iii ) That the party has not provided affidavits to any other party for the purpose of complying with the requirements of this paragraph (d)(2)(ii).
(iii) The volume of RNG was only used to produce renewable CNG/LNG that is used as transportation fuel and for no other purpose.
(iv) No other party used the measurement information under paragraph (d)(2)(i) of this section or the information required under paragraph (d)(2)(ii) of this section to separate RINs for the RNG.
(v) No other party has separated RINs for the RNG using the same dispensing location during the calendar month.
(vi) The RNG RIN separator follows the applicable provisions under § 80.1429(a), (b)(10), and (c) through (e).
(3) An obligated party must not separate RINs for RNG under § 80.1429(b)(1) unless the obligated party meets the requirements in paragraph (d)(1) of this section.
(4) A party must only separate a number of RINs equal to the total volume of RNG (where the Btu LHV are converted to gallon-RINs using the conversion specified in § 80.1415(b)(5)) that the party demonstrates is used as renewable CNG/LNG under paragraph (d)(2) of this section.
(e) RIN retirement. (1) A party must retire RINs generated for RNG if any of the conditions specified in § 80.1434(a) apply and must comply with § 80.1434(b).
(2)(i) A party must retire all assigned RINs for a volume of RNG if the RINs are not separated under paragraph (d) of this section by the date the assigned RINs expire under § 80.1428(c).
(ii) A party must retire any expired RINs under paragraph (e)(2)(i) of this section by March 31 of the subsequent year. For example, if an RNG producer assigns RINs for RNG in 2025, the RINs expire if they are not separated under paragraph (d) of this section by December 31, 2026, and must be retired by March 31, 2027.
(3) A party that uses RNG for a purpose other than to produce renewable CNG/LNG ( e.g., as a feedstock, as process heat under § 80.1426(f)(12), or as process energy under § 80.1426(f)(13)) must retire any assigned RINs for the volume of RNG within 5 business days of such use of the RNG.
§ 80.130   RINs for renewable CNG/LNG from a biogas closed distribution system.
(a) General requirements. (1) Any party that generates, assigns, separates, or retires RINs for renewable CNG/LNG from a biogas closed distribution system must comply with the requirements of this section.
(2) Parties must report all RIN transactions to EMTS as specified in § 80.1452.
(b) RIN generation. (1) Biogas closed distribution system RIN generators must generate RINs using the applicable requirements for RIN generation in under this part.
(2) RINs for renewable CNG/LNG from a biogas closed distribution system may be generated if all the following requirements are met:
(i) The renewable CNG/LNG is produced from renewable biomass and qualifies to generate RINs under an approved pathway.
(ii) The biogas closed distribution system RIN generator has entered into a written contract for the sale or use of a specific quantity of renewable CNG/LNG for use as transportation fuel, and has obtained affidavits from all parties selling or using the renewable CNG/LNG certifying that the renewable CNG/LNG was used as transportation fuel.
(iii) The renewable CNG/LNG is used as transportation fuel and for no other purpose.
(c) RIN separation. A biogas closed distribution system RIN generator must separate RINs generated for renewable CNG/LNG under § 80.1429(b)(5)(ii).
(d) RIN retirement. A party must retire RINs generated for renewable CNG/LNG from a biogas closed distribution if any of the conditions specified in § 80.1434(a) apply and must comply with § 80.1434(b).
§ 80.135   Registration.
(a) Applicability. The following parties must register using the procedures specified in this section, § 80.1450 and 40 CFR 1090.800:
(1) Biogas producers.
(2) RNG producers.
(3) RNG importers.
(4) Biogas closed distribution system RIN generators.
(5) RNG RIN separators.
(6) Renewable fuel producers using biogas as a biointermediate or RNG as a feedstock.
(b) General registration requirements. Parties must submit applicable information for companies and facilities as specified in 40 CFR 1090.805.
(1) New registrants. (i) Parties required to register under this subpart must have an EPA-accepted registration prior to engaging in regulated activities under this subpart.
(ii) Registration information must be submitted at least 60 days prior to engaging in regulated activities under this subpart.
(iii) Parties may engage in regulated activities under this subpart once EPA has accepted their registration and they have met all other applicable requirements under this subpart.
(2) Existing renewable CNG/LNG registrations. (i) Parties listed in paragraph (a) of this section must submit updated registration information that complies with the applicable requirements of this section for any company or facility covered by a registration accepted under § 80.1450(b) for the generation of RINs under § 80.1426(f)(10)(ii) or (11)(ii) no later than October 1, 2024.
(ii) A biogas closed distribution system RIN generator or biogas producer does not need to submit an updated engineering review for any facility in the biogas closed distribution system as specified in § 80.1450(d)(1) before the next three-year engineering review update is due as specified in § 80.1450(d)(3).
(3) Engineering reviews. (i) Any party required to register a facility under this section must undergo all the following:
(A) A third-party engineering review as specified in § 80.1450(b)(2).
(B) Three-year engineering review updates as specified in § 80.1450(d)(3).
(ii) Third-party engineering reviews and three-year engineering review updates required under paragraph (b)(3)(i) of this section must evaluate all applicable registration information submitted under this section as well as all applicable requirements in § 80.1450(b).
(iii) A party may arrange for an independent third-party engineer to conduct a single site visit and submit a single engineering review report for a facility that performs multiple activities ( e.g., a facility that both produces biogas and upgrades it to RNG) under this subpart as long as the site visit and engineering review report includes all the requirements for each activity performed.
(4) Registration updates. (i) Parties registered under this section must submit updated registration information to EPA within 30 days when any of the following occur:
(A) The registration information previously supplied becomes incomplete or inaccurate.
(B) Facility information is updated under § 80.1450(d)(1), as applicable.
(C) A change of ownership is submitted under 40 CFR 1090.820.
(ii) Parties registered under this section must submit updated registration information to EPA within 7 days when any facility information is updated under § 80.1450(d)(2).
(iii) Parties that register a facility under this section must update their registration information and undergo a three-year engineering review update as specified in § 80.1450(d)(3).
(5) Registration deactivations. EPA may deactivate the registration of a party registered under this section as specified in § 80.1450(h), 40 CFR 1090.810, or 40 CFR 1090.815, as applicable.
(c) Biogas producer. In addition to the information required under paragraph (b) of this section, a biogas producer must submit all the following information for each biogas production facility:
(1) Information describing the biogas production capacity for the biogas production facility, in Btu HHV, including the following:
(i) Information regarding the permitted capacity in the most recent applicable air permits issued by EPA, a state, a local air pollution control agency, or a foreign governmental agency that governs the biogas production facility, if available.
(ii) Documents demonstrating the biogas production facility's nameplate capacity.
(iii) Information describing the biogas production facility's biogas production for each of the last three calendar years prior to the registration submission, if available.
(2) Whether the biogas will be used to produce RNG, renewable CNG/LNG, or biointermediate and information identifying the facility that will be supplied.
(3) The following information related to biogas measurement:
(i) A description of how biogas will be measured under § 80.155(a), including the specific standards under which the meters are operated.
(ii) A description of the biogas production process, including a process flow diagram that includes metering type(s) and location(s).
(iii) For an alternative measurement protocol under § 80.155(a)(3), all the following:
(A) A description of why the biogas producer is unable to use meters that comply with the requirements specified in § 80.155(a)(1) and (2), as applicable.
(B) A description of how measurement is conducted.
(C) Any standards or specifications that apply.
(D) A description of all routine maintenance and the frequency that such maintenance will be conducted.
(E) A description of the frequency of all measurements and how often such measurements will be recorded under the alternative measurement protocol.
(F) A comparison between the accuracy, precision, and reliability of the alternative measurement protocol and the requirements specified in § 80.155(a)(1) and (2), as applicable, including any supporting data.
(4) For biogas used to produce renewable CNG/LNG in a biogas closed distribution system, all the following additional information:
(i) A process flow diagram of each step of the physical process from feedstock entry to the point where the renewable CNG/LNG is dispensed as transportation fuel. This includes all the following:
(A) Feedstock processing.
(B) Biogas production.
(C) Biogas processing.
(D) Renewable CNG/LNG production.
(E) Points where non-renewable natural gas may be added.
(F) Dispensing stations.
(G) Measurement locations and equipment.
(H) Major equipment ( e.g., tanks, pipelines, flares, separation equipment, compressors, and dispensing infrastructure).
(I) Any other process-related information as requested by EPA.
(ii) A description of losses of heating content going from biogas to renewable CNG/LNG and an explanation of how such losses would be accounted for.
(iii) A description of the physical process from biogas production to dispensing of renewable CNG/LNG as transportation fuel, including the biogas closed distribution system.
(iv) A description of the vehicle fleet and dispensing stations that are expected to use and distribute the renewable CNG/LNG as transportation fuel.
(5) For biogas used as a biointermediate, all the information specified in § 80.1450(b)(1)(ii)(B).
(6) For biogas used to produce RNG, all the following additional information:
(i) The RNG producer that will upgrade the biogas.
(ii) A process flow diagram of the physical process from biogas production to entering the RNG production facility, including major equipment ( e.g., tanks, pipelines, flares, separation equipment).
(iii) A description of the physical process from biogas production to entering the RNG production facility, including an explanation of how the biogas reaches the RNG production facility.
(7) For biogas produced in an agricultural digester, all the following information:
(i) A separated yard waste plan specified in § 80.1450(b)(1)(vii)(A), as applicable.
(ii) Crop residue information specified in § 80.1450(b)(1)(xv), as applicable.
(iii) A process flow diagram of the physical process from feedstock entry to biogas production, including major equipment ( e.g., feedstock preprocessing equipment, tanks, digesters, pipelines, flares).
(8) For biogas produced in a municipal wastewater treatment facility digester, a process flow diagram of the physical process from feedstock entry to biogas production, including major equipment ( e.g., feedstock preprocessing equipment, tanks, digesters, pipelines, flares).
(9) For biogas produced in a separated MSW digester, all the following information:
(i) Separated MSW plan specified in § 80.1450(b)(1)(viii).
(ii) A process flow diagram of the physical process from feedstock entry to biogas production, including major equipment ( e.g., feedstock preprocessing equipment, tanks, digesters, pipelines, flares).
(10) For biogas produced in other waste digesters, all the following information, as applicable:
(i) A separated MSW plan specified in § 80.1450(b)(1)(viii).
(ii) A separated yard waste plan specified in § 80.1450(b)(1)(vii)(A).
(iii) Crop residues information specified in § 80.1450(b)(1)(xv).
(iv) A separated food waste plan or biogenic waste oils/fats/greases plan specified in § 80.1450(b)(1)(vii)(B).
(v) A process flow diagram of each step of the physical process from feedstock entry to the point where the biogas either leaves the facility or is used to produce RNG, biointermediate, or biogas-derived renewable fuel. This includes all the following:
(A) Feedstock processing.
(B) Biogas production.
(C) Biogas processing.
(D) Major equipment ( e.g., feedstock preprocessing equipment, tanks, digesters, pipelines, flares).
(E) Measurement locations and equipment.
(F) Any other process-related information as requested by EPA.
(vi) For biogas produced in a mixed digester, all the following:
(A) For biogas producers using a value under § 80.105(j)(2)(iv)(E), all the following:
( 1 ) The cellulosic converted fraction (CF) for each cellulosic biogas feedstock that will be used in § 80.105(j)(2)(iii), in Btu HHV/lb feedstock, rounded to the nearest whole number.
( 2 ) Data supporting the cellulosic CF from each cellulosic biogas feedstock. Data must be derived from processing of cellulosic biogas feedstock(s) in anaerobic digesters without simultaneous conversion under similar conditions as will be run in the simultaneously converted process. Data must be either from the facility when it was processing solely the feedstock that does have a minimum 75% adjusted cellulosic content or from a representative sample of other representative facilities processing the feedstock that does have a minimum 75% adjusted cellulosic content.
( 3 ) A description of how the cellulosic CF was determined, including any calculations demonstrating how the data were used.
( 4 ) A list of ranges of processing conditions, including temperature, solids mean residence time, and hydraulic mean residence time, for which the cellulosic CF is accurate and a description of how such processing conditions will be measured by the facility.
( 5 ) A demonstration that no biogas generated from non-cellulosic biogas feedstocks could be used to generate RINs for a batch of renewable fuel with a D code of 3 or 7. EPA may reject this demonstration if it is not sufficiently protective.
(B) A description of the meters used to determine the mass of cellulosic biogas feedstock.
(C) The location of feedstock sampling, additive ( e.g., water) addition, and mass measurement for use in § 80.105(j)(2)(iii) included in the process flow diagram required under paragraph (c)(10)(v) of this section.
(D) For facilities using composite sampling under § 80.155(c)(3), a composite sampling plan, including all the following:
( 1 ) A description of when and where the samples will be collected.
( 2 ) A description of how the samples will be stored prior to testing.
( 3 ) A description of how daily representative samples will be mixed, including how the ratio of each sample will be determined.
( 4 ) A description of how often testing will occur.
( 5 ) A description of how the plan complies with § 80.155(c)(2).
(d) RNG producer. In addition to the information required under paragraph (b) of this section, an RNG producer must submit all the following information for each RNG production facility:
(1) All applicable information in § 80.1450(b)(1)(ii).
(2) Information to establish the RNG production capacity for the RNG production facility, in Btu LHV, including all the following, as applicable:
(i) Information regarding the permitted capacity in the most recent applicable air permits issued by EPA, a state, a local air pollution control agency, or a foreign governmental agency that governs the RNG production facility, if available.
(ii) Documents demonstrating the RNG production facility's nameplate capacity.
(iii) Information describing the RNG production facility's RNG production for each of the last three calendar years prior to the registration submission, if available.
(3) The following information related to RNG measurement:
(i) A description of how RNG will be measured under § 80.155(a), including the specific standards under which the meters are operated.
(ii) A description of the RNG production process, including a process flow diagram that includes metering type(s) and location(s).
(iii) For an alternative measurement protocol under § 80.155(a)(3), all the following:
(A) A description of why the RNG producer is unable to use meters that comply with the requirements specified in § 80.155(a)(1) and (2), as applicable.
(B) A description of how measurement is conducted.
(C) Any standards or specifications that apply.
(D) A description of all routine maintenance and the frequency that such maintenance will be conducted.
(E) A description of the frequency of all measurements and how often such measurements will be recorded under the alternative measurement protocol.
(F) A comparison between the accuracy, precision, and reliability of the alternative measurement protocol and the requirements specified in § 80.155(a)(1) and (2), as applicable, including any supporting data.
(4) The natural gas commercial pipeline system name and pipeline interconnect location into which the RNG will be injected.
(5) A description of the natural gas specifications for the natural gas commercial pipeline system into which the RNG will be injected, including information on all parameters regulated by the pipeline ( e.g., hydrogen sulfide, total sulfur, carbon dioxide, oxygen, nitrogen, heating content, moisture, siloxanes, and any other available data related to the gas components).
(6) For three-year registration updates, information related to RNG quality, including all the following:
(i) A certificate of analysis—including the major and minor gas components—from an independent laboratory for a representative sample of the biogas produced at the biogas production facility as specified in § 80.155(b).
(ii) A certificate of analysis—including the major and minor gas components—from an independent laboratory for a representative sample of the RNG prior to addition of non-renewable components as specified in § 80.155(b).
(iii) If the RNG is blended with non-renewable components prior to injection into a natural gas commercial pipeline system, a certificate of analysis from an independent laboratory for a representative sample of the RNG after blending with non-renewable components as specified in § 80.155(b).
(iv) A summary table with the results of the certificates of analysis required under paragraphs (d)(6)(i) through (iii) of this section and the natural gas specifications required under paragraph (d)(5) of this section converted to the same units.
(v) EPA may approve an RNG producer's request of an alternative analysis in lieu of the certificates of analysis and summary table required under paragraphs (d)(6)(i) through (iv) of this section if the RNG producer demonstrates that the alternative analysis provides information that is equivalent to that provided in the certificates of analysis and that the RNG will meet all natural gas specifications required under paragraph (d)(5) of this section.
(7) A RIN generation protocol that includes all the following information:
(i) The procedure for allocating RNG injected into the natural gas commercial pipeline system to each RNG production facility and each biogas production facility, including how discrepancies in meter values will be handled.
(ii) A diagram showing the locations of flow meters, gas analyzers, and in-line GC meters used in the allocation procedure.
(iii) A description of when RINs will be generated ( e.g., receipt of monthly pipeline statement, etc).
(8) For an RNG production facility that injects RNG at a pipeline interconnect that also has RNG injected from other sources, a description of how the RNG producers will allocate RINs to ensure that all facilities comply with the requirements specified in § 80.125(b)(7).
(9) For a foreign RNG producer, all the following additional information:
(i) The applicable information specified in § 80.160.
(ii) Whether the foreign RNG producer will generate RINs for their RNG.
(iii) For non-RIN generating foreign RNG producers, the name and EPA-issued company and facility IDs of the contracted importer under § 80.160(e).
(e) RNG importer. In addition to the information required under paragraph (b) of this section, an RNG importer must submit all the following information:
(1) The name and EPA-issued company and facility IDs of the contracted non-RIN generating foreign RNG producer under § 80.160(e).
(2) The name and contact information for the independent third party specified in § 80.160(h).
(f) RNG RIN separator. In addition to the information required under paragraph (b) of this section, an RNG RIN separator must submit a list of locations of any dispensing stations where the RNG RIN separator supplies or intends to supply renewable CNG/LNG for use as transportation fuel.
(g) Renewable fuel producer using biogas as a biointermediate. In addition to the information required under paragraph (b) of this section, a renewable fuel producer using biogas as a biointermediate must submit all the following:
(1) All applicable information in § 80.1450(b).
(2) Documentation demonstrating a direct connection between the biogas production facility and the renewable fuel production facility.
§ 80.140   Reporting.
(a) General provisions —(1) Applicability. Parties must submit reports to EPA according to the schedule and containing all applicable information specified in this section.
(2) Forms and procedures for report submission. All reports required under this section must be submitted using forms and procedures specified by EPA.
(3) Additional reporting elements. In addition to any applicable reporting requirement under this section, parties must submit any additional information EPA requires to administer the reporting requirements of this section.
(4) English language reports. All reported information submitted to EPA under this section must be submitted in English, or must include an English translation.
(5) Signature of reports. Reports required under this section must be signed and certified as meeting all the applicable requirements of this subpart by the RCO or their delegate identified in the company registration under 40 CFR 1090.805(a)(1)(iv).
(6) Report submission deadlines. Reports required under this section must be submitted by the following deadlines:
(i) Monthly reports must be submitted by the applicable monthly deadline in § 80.1451(f)(4).
(ii) Quarterly reports must be submitted by the applicable quarterly deadline in § 80.1451(f)(2).
(iii) Annual reports must be submitted by the applicable annual deadline in § 80.1451(f)(1).
(7) Volume standardization. (i) All volumes reported to EPA in scf under this section must be standardized to STP.
(ii) All volumes reported to EPA in Btu under this section must be converted according to § 80.155(f), if applicable.
(iii) All other volumes reported to EPA under this section must be standardized according to § 80.1426(f)(8).
(b) Biogas producers. A biogas producer must submit monthly reports to EPA containing all the following information for each batch of biogas:
(1) Batch number.
(2) Production date (end date of the calendar month).
(3) Verification status of the batch.
(4) The batch volume of biogas supplied to the downstream party, in Btu HHV and scf, as measured under § 80.155.
(5) The associated pathway information, including D code, designated use of the biogas ( e.g., biointermediate, renewable CNG/LNG, or RNG), and feedstock information.
(6) The EPA-issued company and facility IDs for the RNG producer, biogas closed distribution system RIN generator, or renewable fuel producer that received the batch of the biogas.
(c) RNG producers. (1) An RNG producer must submit quarterly reports to EPA containing all the following information:
(i) The total volume of RNG, in Btu LHV and scf, produced and injected into the natural gas commercial pipeline system as measured under § 80.155.
(ii) The total volume of non-renewable components, in Btu LHV, added to RNG prior to injection into the natural gas commercial pipeline system.
(2) A non-RIN generating foreign RNG producer must submit monthly reports to EPA containing all the following information for each batch of RNG:
(i) Batch number.
(ii) Production date (end date of the calendar month).
(iii) Verification status of the batch.
(iv) The associated pathway information, including D code, production process, and feedstock information.
(v) The EPA-issued company and facility IDs for the RNG importer that will generate RINs for the batch.
(d) Biogas closed distribution system RIN generators. A biogas closed distribution system RIN generator must submit monthly reports to EPA containing all the following information:
(1)(i) For fuels that are gaseous at STP, the type and volume of biogas-derived renewable fuel, in Btu LHV.
(ii) For all other fuels, the type and volume of biogas-derived renewable fuel, in gallons.
(2) Each of the following, as applicable, as measured under § 80.155:
(i) The volume of biogas, in Btu HHV, used to produce the treated biogas that is used to produce the biogas-derived renewable fuel.
(ii) The volume of biogas, in Btu HHV, used to produce the biogas-derived renewable fuel.
(iii) The volume of treated biogas, in Btu HHV, used to produce the biogas-derived renewable fuel.
(3) The name(s) and location(s) of where the biogas-derived renewable fuel is used or sold for use as transportation fuel.
(4)(i) For fuels that are gaseous at STP, the volume of biogas-derived renewable fuel, in Btu LHV, used at each location where the biogas-derived renewable fuel is used or sold for use as transportation fuel.
(ii) For all other fuels, the volume of biogas-derived renewable fuel, in gallons, used at each location where the biogas-derived renewable fuel is used or sold for use as transportation fuel.
(5) All applicable information in § 80.1451(b).
(e) RNG RIN separators. (1) An RNG RIN separator must submit quarterly reports to EPA containing all the following information:
(i) Name and location of each point where RNG was withdrawn from the natural gas commercial pipeline system.
(ii) Volume of RNG, in Btu LHV, withdrawn from the natural gas commercial pipeline system during the reporting period by withdrawal location.
(iii) Volume of renewable CNG/LNG, in Btu LHV, dispensed during the reporting period by withdrawal location.
(2) An RNG RIN separator must submit monthly reports to EPA containing all the following information for each batch of biogas:
(i) The location where renewable CNG/LNG was dispensed as transportation fuel.
(ii) The volume of renewable CNG/LNG, in Btu LHV, dispensed as transportation fuel at the location.
(f) Retirement of RINs for RNG used as a feedstock or process heat. A party that retires RINs for RNG used as a feedstock or as process heat or energy under § 80.1426(f)(12) or (13) must submit quarterly reports to EPA containing all the following information:
(1) The name(s) and location(s) of the natural gas commercial pipeline where the RNG was withdrawn.
(2) Volume of RNG, in Btu LHV, withdrawn from the natural gas commercial pipeline during the reporting period by location.
(3) The EPA-issued company and facility IDs for the facility that used the withdrawn RNG as a feedstock or as process heat.
(4) For each facility, the following information, as applicable:
(i) For fuels that are gaseous at STP, the volume of biogas-derived renewable fuel, in Btu LHV, produced using the withdrawn RNG.
(ii) For all other fuels, the volume of biogas-derived renewable fuel, in gallons, produced using the withdrawn RNG.
(5) The number of RINs for RNG retired during the reporting period by D code and verification status.
§ 80.145   Recordkeeping.
(a) General requirements —(1) Records to be kept. All parties subject to the requirements of this subpart must keep the following records:
(i) Compliance report records. Records related to compliance reports submitted to EPA under this part as follows:
(A) Copies of all reports submitted to EPA.
(B) Copies of any confirmation received from the submission of such reports to EPA.
(C) Copies of all underlying information and documentation used to prepare and submit the reports.
(D) Copies of all calculations required under this subpart.
(ii) Registration records. Records related to registration under this part and 40 CFR part 1090, subpart I, as follows:
(A) Copies of all registration information and documentation submitted to EPA.
(B) Copies of all underlying information and documentation used to prepare and submit the registration request.
(iii) PTD records. Copies of all PTDs required under this part.
(iv) Subpart M records. Any applicable record required under 40 CFR part 80, subpart M.
(v) QAP records. Information and documentation related to participation in any QAP program, including contracts between the entity and the QAP provider, records related to verification activities under the QAP, and copies of any QAP-related submissions.
(vi) Sampling, testing, and measurement records. Documents supporting the sampling, storage, testing, and measurement results relied upon under § 80.155, including all results, maintenance records, and calibration records.
(vii) Other records. Any other records relied upon by the party to demonstrate compliance with this subpart.
(viii) Potentially invalid RINs. Any records and copies of notifications related to potentially inaccurate or non-qualifying biogas volumes or potentially invalid RINs under § 80.185.
(ix) RNG importers and foreign parties. Any records related to RNG importers and foreign parties under §§ 80.160, 80.1466, and 80.1467, as applicable.
(2) Length of time records must be kept. The records required under this subpart must be kept for five years from the date they were created, except that records related to transactions involving RINs must be kept for five years from the date of the RIN transaction.
(3) Make records available to EPA. Any party required to keep records under this section must make records available to EPA upon request by EPA. For records that are electronically generated or maintained, the party must make available any equipment and software necessary to read the records or, upon approval by EPA, convert the electronic records to paper documents.
(4) English language records. Any record requested by EPA under this section must be submitted in English, or include an English translation.
(b) Biogas producers. In addition to the records required under paragraph (a) of this section, a biogas producer must keep all the following records:
(1) Copies of all contracts, PTDs, affidavits required under this part, and all other commercial documents with any RNG producer, biointermediate producer, or renewable fuel producer.
(2) Documents supporting the volume of biogas, in Btu HHV and scf, produced for each batch.
(3) Documents supporting the composition and cleanup of biogas produced for each batch ( e.g., meter readings of composition, records of adsorbent replacement, records showing equipment operation including maintenance and energy usage, and records of component streams separated from the biomethane-enriched stream).
(4) Information and documentation related to participation in any QAP program, including contracts between the biogas producer and the QAP provider, records related to verification activities under the QAP, and copies of any QAP-related submissions.
(5) Records related to measurement, including types of equipment used, metering process, maintenance and calibration records, documents supporting adjustments related to error correction, and measurement data.
(6) Documents supporting the use of each process heat source and supporting the amount of each source used in the production process for each batch.
(7) All the applicable recordkeeping requirements for digester feedstocks under § 80.1454.
(8) The following information and documents showing that the biogas came from renewable biomass:
(i) For all anaerobic digesters, documentation showing the mass of each feedstock type input into the digester for each batch of biogas.
(ii) For agricultural digesters, a quarterly affidavit signed by the RCO or their delegate that only animal manure, crop residue, or separated yard waste that had an adjusted cellulosic content of at least 75% were used to produce biogas during the quarter.
(iii) For municipal wastewater treatment facility digesters and separated MSW digesters, a quarterly affidavit signed by the RCO or their delegate that only feedstocks that had an adjusted cellulosic content of at least 75% were used to produce biogas during the quarter.
(iv) For biogas produced from separated yard waste, separated food waste, or biogenic waste oils/fats/greases, documents required under § 80.1454(j)(1).
(v) For biogas produced from separated MSW, documents required under § 80.1454(j)(2).
(9) For biogas produced in a mixed digester, all the following:
(i) Documents for each delivery of feedstock to the biogas production facility, demonstrating all the following for each unique combination of feedstock supplier and type of feedstock:
(A) The name of the feedstock supplier.
(B) The type of feedstock.
(C) The mass of that feedstock delivered from that supplier.
(ii) Data, documents, and calculations related to digester operating conditions required under § 80.105(f)(2)(iii)(D).
(iii) Documents for each batch showing how measurement data for volatile solids, total solids, and mass were used to calculate batch volume under § 80.105(j)(2).
(iv) Documents showing the amounts of additives ( e.g., water), timing of additive addition, and location of additive addition for all additives added to the feedstock.
(v) For samples tested for volatile solids and total solids, documents showing the time and location that each sample was obtained and tested.
(c) RNG producers. In addition to the records required under paragraph (a) of this section, an RNG producer must keep all the following records:
(1) Records related to the generation and assignment of RINs, including all the following information:
(i) Batch volume.
(ii) Batch number.
(iii) Production date when RINs were assigned to RNG.
(iv) Injection point into the natural gas commercial pipeline system.
(v) Volume of biogas, in Btu HHV and scf, respectively, received at each RNG production facility.
(vi) Volume of RNG, in Btu LHV, Btu HHV, and scf, produced at each RNG production facility.
(vii) Pipeline injection statements describing the energy and volume of natural gas for each pipeline interconnect.
(2) Records related to each RIN transaction, separately for each transaction, including all the following information:
(i) A list of the RINs generated, owned, purchased, sold, separated, retired, or reinstated.
(ii) The parties involved in each transaction including the transferor, transferee, and any broker or agent.
(iii) The date of the transfer of the RINs.
(iv) Additional information related to details of the transaction and its terms.
(3) Documentation recording the transfer and sale of RNG, from the point of biogas production to the facility that sells or uses the fuel for transportation purposes.
(4) A copy of the RNG producer's Compliance Certification required under Title V of the Clean Air Act.
(5) Results of any laboratory analysis of chemical composition or physical properties.
(6) Documents supporting the composition of biogas and RNG and cleanup of biogas for each batch ( e.g., meter readings of composition, records of adsorbent replacement, records showing equipment operation including maintenance and energy usage, and records of component streams separated from the biomethane-enriched stream).
(7) Documents supporting the use of each process heat source and supporting the amount of each source used in the production process for each batch.
(8) Records related to measurement, including types of equipment used, metering process, maintenance and calibration records, documents supporting adjustments related to error correction, and measurement data.
(9) Information and documentation related to participation in any QAP program, including contracts between the RNG producer and the QAP provider, records related to verification activities under the QAP, and copies of any QAP-related submissions.
(10) For an RNG production facility that injects RNG at a pipeline interconnect that also has RNG injected from other sources, documents showing that RINs generated for the facility comply with the requirements specified in § 80.125(b)(7).
(11) Documentation of any waiver provided by the natural gas commercial pipeline system for any parameter of the RNG that does not meet the natural gas specifications submitted under § 80.135(d)(5).
(d) Biogas closed distribution system RIN generators. In addition to the records required under paragraph (a) of this section, a biogas closed distribution system RIN generator must keep all the following records:
(1) Documentation demonstrating that the renewable CNG/LNG was produced from renewable biomass and qualifies to generate RINs under an approved pathway.
(2) Copies of any written contract for the sale or use of renewable CNG/LNG as transportation fuel, and copies of any affidavit from a party that sold or used the renewable CNG/LNG as transportation fuel.
(e) RNG RIN separators. In addition to the records required under paragraph (a) of this section, an RNG RIN separator must keep all the following records:
(1) Documentation indicating the volume of RNG, in Btu LHV, withdrawn from each interconnect of the natural gas commercial pipeline system.
(2) Documentation demonstrating the volume of RNG, in Btu LHV, withdrawn from the natural gas commercial pipeline system that was used to produce renewable CNG/LNG.
(3) Documentation indicating the volume of renewable CNG/LNG, in Btu LHV, dispensed as transportation fuel from each dispensing location.
(4) Copies of all documentation required under § 80.125(d)(2)(ii), as applicable.
(5) Documentation showing how the number of RINs separated was determined using the information specified in paragraphs (e)(1) through (4) of this section and the applicable RIN separation reports.
(f) Renewable fuel producers that use biogas as a biointermediate or RNG as a feedstock. In addition to the records required under paragraph (a) of this section, a renewable fuel producer that uses biogas as a biointermediate or RNG as a feedstock must keep all the following records:
(1) Documentation supporting the volume of renewable fuel produced from biogas used as a biointermediate or RNG that was used as a feedstock.
(2) For biogas, all the following additional information:
(i) For each facility, documentation supporting the volume of biogas, in Btu HHV and scf, that was used as a biointermediate.
(ii) Copies of all applicable contracts over the past 5 years with each biointermediate producer.
(3) For RNG, all the following additional information:
(i) Documentation supporting the volume of RNG, in Btu LHV, withdrawn from the natural gas commercial pipeline system.
(ii) Documentation supporting the retirement of RINs for RNG used as a feedstock ( e.g., contracts, purchase orders, invoices).
§ 80.150   Product transfer documents.
(a) General requirements —(1) PTD contents. On each occasion when any person transfers title of any biogas or imported RNG without assigned RINs, the transferor must provide the transferee PTDs that include all the following information:
(i) The name, EPA-issued company and facility IDs, and address of the transferor.
(ii) The name, EPA-issued company and facility IDs, and address of the transferee.
(iii) The volume (in Btu HHV for biogas or Btu LHV for RNG) of the product being transferred by D code and verification status.
(iv) The location of the product at the time of the transfer.
(v) The date of the transfer.
(vi) Period of production.
(2) Other PTD requirements. A party must also include any applicable PTD information required under § 80.1453 or 40 CFR part 1090, subpart L.
(b) Additional PTD requirements for transfers of biogas. In addition to the information required in paragraph (a) of this section, on each occasion when any person transfers title of biogas, the transferor must provide the transferee PTDs that include all the following information:
(1) An accurate and clear statement of the applicable designation of the biogas.
(2) If the biogas is designated as a biointermediate, any applicable requirement specified in § 80.1453(f).
(3) One of the following statements, as applicable:
(i) For biogas designated for use to produce renewable CNG/LNG, “This volume of biogas is designated and intended for use to produce renewable CNG/LNG.”
(ii) For biogas designated for use to produce RNG, “This volume of biogas is designated and intended for use to produce renewable natural gas.”
(iii) For biogas designated for use as a biointermediate, the language found at § 80.1453(f)(1)(vi).
(iv) For biogas designated for use as process heat or energy under § 80.1426(f)(12) or (13), “This volume of biogas is designated and intended for use as process heat or energy.”
(c) PTD requirements for custodial transfers of RNG. On each occasion when custody of RNG is transferred prior to injection into a pipeline interconnect ( e.g., via truck), the transferor must provide the transferee PTDs that include all the following information:
(1) The applicable information listed in paragraph (a) of this section.
(2) The following statement, “This volume of RNG is designated and intended for transportation use and may not be used for any other purpose.”
(d) PTD requirements for imported RIN-less RNG. On each occasion when title of RIN-less RNG is transferred and ultimately imported into the covered location, the transferor must provide the transferee PTDs that include all the following information:
(1) The applicable information listed in paragraph (a) of this section.
(2) The following statement, “This volume of RNG is designated and intended for transportation use in the contiguous United States and may not be used for any other purpose.”
(3) The name, EPA-issued company and facility IDs, and address of the contracted RNG importer under § 80.160(e).
(4) The name, EPA-issued company and facility IDs, and address of the transferee.
§ 80.155   Sampling, testing, and measurement.
(a) Biogas and RNG continuous measurement. Any party required to measure the volume of biogas, RNG, or renewable CNG/LNG under this subpart must continuously measure using meters that comply with the requirements in paragraphs (a)(1) and (2) of this section, or have an accepted alternative measurement protocol as specified in paragraph (a)(3) of this section:
(1) In-line GC meters compliant with ASTM D7164 (incorporated by reference, see § 80.12), including sections 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, and 9.11 of ASTM D7164.
(2) Flow meters compliant with one of the following:
(i) API MPMS 14.3.1, API MPMS 14.3.2, API MPMS 14.3.3, and API MPMS 14.3.4 (incorporated by reference, see § 80.12).
(ii) API MPMS 14.12 (incorporated by reference, see § 80.12).
(iii) EN 17526 (incorporated by reference, see § 80.12) compatible with gas type H.
(3) EPA may accept an alternative measurement protocol if all the following conditions are met:
(i) The party demonstrates that they are unable to continuously measure using meters that comply with the requirements in paragraphs (a)(1) and (2) of this section, as applicable.
(ii) The party demonstrates that the alternative measurement protocol is at least as accurate and precise as the methods specified in paragraphs (a)(1) and (2) of this section, as applicable.
(b) Biogas and RNG sampling and testing. Any party required to sample and test biogas or RNG under this subpart must do so as follows:
(1) Collect representative samples of biogas or RNG using API MPMS 14.1 (incorporated by reference, see § 80.12).
(2) Perform all the following measurements on each representative sample:
(i) Methane, carbon dioxide, nitrogen, and oxygen using EPA Method 3C (see Appendix A-2 to 40 CFR part 60).
(ii) Hydrogen sulfide and total sulfur using ASTM D5504 (incorporated by reference, see § 80.12).
(iii) Siloxanes using ASTM D8230 (incorporated by reference, see § 80.12).
(iv) Moisture using ASTM D4888 (incorporated by reference, see § 80.12).
(v) Hydrocarbon analysis using EPA Method 18 (see Appendix A-6 to 40 CFR part 60).
(vi) Heating value and relative density using ASTM D3588 (incorporated by reference, see § 80.12).
(vii) Additional components specified in the natural gas specifications submitted under § 80.135(d)(5) or specified by EPA as a condition of registration under this part.
(viii) Carbon-14 analysis using ASTM D6866 (incorporated by reference, see § 80.12).
(c) Digester feedstock. Any party required to test for total solids and volatile solids of a digester feedstock under this subpart must do so as follows:
(1) Samples must be tested in accordance with Part G of SM 2540 (incorporated by reference, see § 80.12).
(2) Samples must be obtained, stored, and tested in accordance with Part A of SM 2540, including Sections 2, 3, and 5 (Sources of Error and Variability, Sample Handling and Preservation, and Quality Control).
(3) Parties must test each daily representative sample under paragraphs (c)(1) and (2) of this section unless the party has a composite sampling plan submitted to EPA under § 80.135(c)(10)(vi)(D). Parties with a composite sampling plan must either test each daily representative sample or test samples in accordance with Part A of SM 2540 and as specified in the facility's composite sampling plan.
(d) Digester operations. Any biogas producer required to measure or calculate digester operating conditions under this subpart must determine digester operating conditions for each mixed digester that meet all the following requirements:
(1) Digester temperature readings must be recorded no less frequent than every 30 minutes and represent the average temperature in the tank.
(2) Digester hydraulic and solids mean residence times must be calculated no less frequent than once a day using measurements of inflows, outflows, and tank levels, as applicable.
(3) Other parameters must be measured and calculated as specified in the facility's registration under § 80.135(c)(10)(vi)(A)( 4 ).
(e) Third parties. Samples required to be obtained under this subpart may be collected and analyzed by third parties.
(f) Unit conversions. A party converting between Btu HHV and Btu LHV for biogas, treated biogas, natural gas, or CNG/LNG must use the ratio of HHV and LHV of methane as specified in ASTM D3588 (incorporated by reference, see § 80.12).
(g) Liquid measurement and standardization. Any substance that is liquid at STP must be measured in gallons and standardized according to § 80.1426(f)(8).
§ 80.160   RNG importers, foreign biogas producers, and foreign RNG producers.
(a) Applicability. The provisions of this section apply to any RNG importer or any foreign party subject to requirements of this subpart outside the United States.
(b) General requirements. Any foreign party must meet all the following requirements:
(1) Letter from RCO. The foreign party must provide a letter signed by the RCO that commits the foreign party to the applicable provisions specified in paragraphs (b)(4) and (c) of this section as part of their registration under § 80.135.
(2) Bond posting. A foreign party that generates RINs must meet the bond requirements of § 80.1466(h).
(3) Foreign RIN owners. A foreign party that owns RINs must meet the requirements of § 80.1467, including any foreign party that separates or retires RINs under § 80.125.
(4) Foreign party commitments. Any foreign party must commit to the following provisions as a condition of being registered as a foreign party under this subpart:
(i) Any EPA inspector or auditor must be given full, complete, and immediate access to conduct inspections and audits of all facilities subject to this subpart.
(A) Inspections and audits may be either announced in advance by EPA, or unannounced.
(B) Access will be provided to any location where:
( 1 ) Biogas, RNG, biointermediate, or biogas-derived renewable fuel is produced.
( 2 ) Documents related to the foreign party operations are kept.
( 3 ) Any product subject to this subpart ( e.g., biogas, RNG, biointermediates, or biogas-derived renewable fuel) that is stored or transported outside the United States between the foreign party's facility and the point of importation into the United States, including storage tanks, vessels, and pipelines.
(C) EPA inspectors and auditors may be EPA employees or contractors to EPA.
(D) Any documents requested that are related to matters covered by inspections and audits must be provided to an EPA inspector or auditor on request.
(E) Inspections and audits may include review and copying of any documents related to the following:
( 1 ) The volume or properties of any product subject to this subpart produced or delivered to a renewable fuel production facility.
( 2 ) Transfers of title or custody to the any product subject to this subpart.
( 3 ) Work performed and reports prepared by independent third parties and by independent auditors under the requirements of this subpart, including work papers.
( 4 ) Records required under § 80.145.
( 5 ) Any records related to claims made during registration.
(F) Inspections and audits by EPA may include interviewing employees.
(G) Any employee of the foreign party must be made available for interview by the EPA inspector or auditor, on request, within a reasonable time period.
(H) English language translations of any documents must be provided to an EPA inspector or auditor, on request, within 10 business days.
(I) English language interpreters must be provided to accompany EPA inspectors and auditors, on request.
(ii) An agent for service of process located in the District of Columbia will be named, and service on this agent constitutes service on the foreign party or any employee of the party for any action by EPA or otherwise by the United States related to the requirements of this subpart.
(iii) The forum for any civil or criminal enforcement action related to the provisions of this subpart for violations of the Clean Air Act or regulations promulgated thereunder are governed by the Clean Air Act, including the EPA administrative forum where allowed under the Clean Air Act.
(iv) United States substantive and procedural laws apply to any civil or criminal enforcement action against the foreign party or any employee of the foreign party related to the provisions of this subpart.
(v) Applying to be an approved foreign party under this subpart, or producing or exporting any product subject to this subpart under such approval, and all other actions to comply with the requirements of this subpart relating to such approval constitute actions or activities covered by and within the meaning of the provisions of 28 U.S.C. 1605(a)(2), but solely with respect to actions instituted against the foreign party, its agents and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign party under this subpart, including conduct that violates the False Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
(vi) The foreign party, or its agents or employees, will not seek to detain or to impose civil or criminal remedies against EPA inspectors or auditors for actions performed within the scope of EPA employment or contract related to the provisions of this subpart.
(vii) In any case where a product produced at a foreign facility is stored or transported by another company between the foreign facility and the point of importation to the United States, the foreign party must obtain from each such other company a commitment that meets the requirements specified in paragraphs (b)(4)(i) through (vi) of this section before the product is transported to the United States, and these commitments must be included in the foreign party's application to be a registered foreign party under this subpart.
(c) Sovereign immunity. By submitting an application to be a registered foreign party under this subpart, or by producing or exporting any product subject to this subpart to the United States under such registration, the foreign party, and its agents and employees, without exception, become subject to the full operation of the administrative and judicial enforcement powers and provisions of the United States without limitation based on sovereign immunity, with respect to actions instituted against the party, its agents and employees in any court or other tribunal in the United States for conduct that violates the requirements applicable to the foreign party under this subpart, including conduct that violates the False Statements Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
(d) English language reports. Any document submitted to EPA by a foreign party must be in English, or must include an English language translation.
(e) Foreign RNG producer contractual relationship. A non-RIN generating foreign RNG producer must establish a contractual relationship with an RNG importer, prior to the sale of RIN-less RNG.
(f) Withdrawal or suspension of registration. EPA may withdraw or suspend a foreign party's registration where any of the following occur:
(1) The foreign party fails to meet any requirement of this subpart.
(2) The foreign government fails to allow EPA inspections or audits as provided in paragraph (b)(4)(i) of this section.
(3) The foreign party asserts a claim of, or a right to claim, sovereign immunity in an action to enforce the requirements in this subpart.
(4) The foreign party fails to pay a civil or criminal penalty that is not satisfied using the bond required under paragraph (b)(2) of this section.
(g) Additional requirements for applications, reports, and certificates. Any application for registration as a foreign party, or any report, certification, or other submission required under this subpart by the foreign party, must be:
(1) Submitted using formats and procedures specified by EPA.
(2) Signed by the RCO of the foreign party's company.
(3) Contain the following declarations:
(i) Certification.
“I hereby certify:
That I have actual authority to sign on behalf of and to bind [NAME OF FOREIGN PARTY] with regard to all statements contained herein.
That I am aware that the information contained herein is being Certified, or submitted to the United States Environmental Protection Agency, under the requirements of 40 CFR part 80, subparts E and M, and that the information is material for determining compliance under these regulations.
That I have read and understand the information being Certified or submitted, and this information is true, complete, and correct to the best of my knowledge and belief after I have taken reasonable and appropriate steps to verify the accuracy thereof.”
(ii) Affirmation.
“I affirm that I have read and understand the provisions of 40 CFR part 80, subparts E and M, including 40 CFR 80.160, 80.1466, and 80.1467 apply to [NAME OF FOREIGN PARTY]. Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001, the penalty for furnishing false, incomplete, or misleading information in this certification or submission is a fine of up to $10,000 U.S., and/or imprisonment for up to five years.”
(h) Requirements for RNG importers. An RNG importer must meet all the following requirements:
(1) For each imported batch of RNG, the RNG importer must have an independent third party that meets the requirements of § 80.1450(b)(2)(i) and (ii) do all the following:
(i) Determine the volume of RNG, in Btu LHV, injected into the natural gas commercial pipeline system as specified in § 80.155.
(ii) Determine the name and EPA-assigned company and facility identification numbers of the foreign non-RIN generating RNG producer that produced the RNG.
(2) The independent third party must submit reports to the foreign non-RIN generating RNG producer and the RNG importer within 30 days following the date the RNG was injected into a natural gas commercial pipeline system for import into the United States containing all the following:
(i) The statements specified in paragraph (g) of this section.
(ii) The name of the foreign non-RIN generating RNG producer, containing the information specified in paragraph (g) of this section, and including the identification of the natural gas commercial pipeline system terminal at which the product was offloaded.
(iii) PTDs showing the volume of RNG, in Btu LHV, transferred from the foreign non-RIN generating RNG producer to the RNG importer.
(3) The RNG importer and the independent third party must keep records of the audits and reports required under paragraphs (h)(1) and (2) of this section for five years from the date of creation.
§ 80.165   Attest engagements.
(a) General provisions. (1) The following parties must arrange for annual attestation engagement using agreed-upon procedures:
(i) Biogas producers.
(ii) RNG producers.
(iii) RNG importers.
(iv) Biogas closed distribution system RIN generators.
(v) RNG RIN separators.
(vi) Renewable fuel producers that use RNG as a feedstock.
(2) The auditor performing attestation engagements required under this subpart must meet the requirements in 40 CFR 1090.1800(b).
(3) The auditor must perform attestation engagements separately for each biogas production facility, RNG production facility, and renewable fuel production facility, as applicable.
(4) Except as otherwise specified in this section, attest auditors may use the representative sampling procedures specified in 40 CFR 1090.1805.
(5) Except as otherwise specified in this section, attest auditors must prepare and submit the annual attestation engagement following the procedures specified in 40 CFR 1090.1800(d).
(b) General procedures for biogas producers. An attest auditor must conduct annual attestation audits for biogas producers using the following procedures:
(1) Registration and EPA reports. The auditor must review registration and EPA reports as follows:
(i) Obtain copies of all the following:
(A) The biogas producer's registration information submitted under §§ 80.135 and 80.1450.
(B) All reports submitted under §§ 80.140 and 80.1451.
(ii) For each biogas production facility, confirm that the facility's registration is accurate based on the activities reported during the compliance period and confirm any related updates were completed prior to conducting regulated activities at the facility and report as a finding any exceptions.
(iii)(A) Report the date of the last engineering review conducted under §§ 80.135(b)(3) and 80.1450(b), as applicable.
(B) Report as a finding if the last engineering review is outside of the schedule specified in § 80.1450(d)(3)(ii).
(iv) Confirm that the biogas producer submitted all reports required under §§ 80.140 and 80.1451 for activities performed during the compliance period and report as a finding any exceptions.
(2) Measurement method review. The auditor must review measurement methods for each meter as follows:
(i) Obtain records related to measurement under § 80.145(a)(1)(vi).
(ii)(A) Identify and report the name of the method(s) used for measuring the volume of biogas, in Btu HHV and scf.
(B) Report as a finding any method that is not specified in § 80.155 or the biogas producer's registration.
(iii)(A) Identify whether maintenance and calibration records were kept for each meter and report the last date of calibration.
(B) Report as a finding if no records were obtained.
(3) Listing of batches. The auditor must review listings of batches as follows:
(i) Obtain the batch reports submitted under § 80.140.
(ii) Compare the reported volume for each batch to the measured volume and report as a finding any exceptions.
(4) Testing of biogas transfers. The auditor must review biogas transfers as follows:
(i) Obtain the associated PTD for each batch of biogas produced during the compliance period.
(ii) Using the batch number, confirm that the correct PTD is obtained for each batch and compare the volume, in Btu HHV and scf, on each batch report to the associated PTD and report as a finding any exceptions.
(iii) Confirm that the PTD associated with each batch contains all applicable language requirements under § 80.150 and report as a finding any exceptions.
(c) General procedures for RNG producers and importers. An attest auditor must conduct annual attestation audits for RNG producers and importers using the following procedures, as applicable:
(1) Registration and EPA reports. The auditor must review registration and EPA reports as follows:
(i) Obtain copies of all the following:
(A) The RNG producer or importer's registration information submitted under §§ 80.135 and 80.1450.
(B) All reports submitted under §§ 80.140 and 80.1451.
(ii) For each RNG production facility, confirm that the facility's registration is accurate based on the activities reported during the compliance period and confirm any related updates were completed prior to conducting regulated activities at the facility and report as a finding any exceptions.
(iii)(A) Report the date of the last engineering review conducted under §§ 80.135(b)(3) and 80.1450(b), as applicable.
(B) Report as a finding if the last engineering review is outside of the schedule specified in § 80.1450(d)(3)(ii).
(iv) Confirm that the RNG producer or importer submitted all reports required under §§ 80.140 and 80.1451 for activities performed during the compliance period and report as a finding any exceptions.
(2) Feedstock received. The auditor must perform an inventory of biogas received as follows:
(i) Obtain copies of all the following:
(A) Records documenting the source and volume of biogas, in Btu and scf, received by the RNG producer.
(B) Records showing the volume of biogas used to produce RNG, in Btu HHV and scf, and the volume of RNG produced, in Btu HHV and scf.
(C) Records showing whether non-renewable components were blended into RNG.
(ii) Report the number of parties the RNG producer received biogas from and the total volume received separately from each party.
(iii)(A) Report the total volume of biogas used to produce RNG, in Btu HHV and scf, and the total volume of RNG produced, in Btu HHV and scf.
(B) Report as a finding if the volume of RNG produced is greater than the volume of biogas used to produce RNG, in Btu HHV.
(iv) Report as a finding if any RINs were generated for the non-renewable components of the blended batch.
(3) Measurement method review. The auditor must review measurement methods for each meter as follows:
(i) Obtain records related to measurement under § 80.145(a)(1)(vi).
(ii)(A) Identify and report the name of the method(s) used for measuring the volume of RNG, in Btu and in scf.
(B) Report as a finding any method that is not specified in § 80.155 or the RNG producer's registration.
(iii) Identify whether maintenance and calibration records were kept and report as a finding if no records were obtained.
(4) Listing of batches. The auditor must review listings of batches as follows:
(i) Obtain the batch reports submitted under § 80.140.
(ii) Compare the reported volume for each batch to the measured volume and report as a finding any exceptions.
(iii) Report as a finding any batches with reported values that did not meet the natural gas specifications submitted under § 80.135(d)(5).
(5) Testing of RNG transfers. The auditor must review RNG transfers as follows:
(i) Obtain the associated PTD for each batch of RNG produced or imported during the compliance period.
(ii) Using the batch number, confirm that the correct PTD is obtained for each batch and compare the volume, in Btu and scf, on each batch report to the associated PTD and report as a finding any exceptions.
(iii) Confirm that the PTD associated with each batch contains all applicable language requirements under § 80.150 and report as a finding any exceptions.
(6) RNG RIN generation. The auditor must perform the following procedures for monthly RIN generation:
(i) Obtain the RIN generation reports submitted under § 80.1451.
(ii) Compare the number of RINs generated for each batch to the batch report and report as a finding any exceptions.
(iii)(A) Compare the number of RINs generated multiplied by 77,000 Btu to the amount of RNG injected into the natural gas commercial pipeline system.
(B) Report as a finding if the volume of RNG injected is less than the number of RINs generated multiplied by 77,000 Btu.
(d) General procedures for biogas closed distribution system RIN generators. An attest auditor must conduct annual attestation audits for biogas closed distribution system RIN generators using the following procedures:
(1) Registration and EPA reports. The auditor must review registration and EPA reports as follows:
(i) Obtain copies of all the following:
(A) The biogas closed distribution system RIN generator's registration information submitted under § 80.135.
(B) All reports submitted under § 80.140.
(ii) Confirm that the biogas closed distribution system RIN generator's registration is accurate based on the activities reported during the compliance period and that any required updates were completed prior to conducting regulated activities and report as a finding any exceptions.
(iii) Confirm that the biogas closed distribution system RIN generator submitted all reports required under §§ 80.140 and 80.1451 for activities performed during the compliance period and report as a finding any exceptions.
(2) RIN generation. The auditor must complete all applicable requirements specified in § 80.1464.
(e) General procedures for RNG RIN separators. An attest auditor must conduct annual attestation audits for RNG RIN separators using the following procedures:
(1) Registration and EPA reports. The auditor must review registration and EPA reports as follows:
(i) Obtain copies of all the following:
(A) The RNG RIN separator's registration information submitted under §§ 80.135 and 80.1450.
(B) All reports submitted under §§ 80.140 and 80.1451.
(ii) Confirm that the RNG RIN separator's registration is accurate based on the activities reported during the compliance period and that any required updates were completed prior to conducting regulated activities and report as a finding any exceptions.
(iii) Confirm that the RNG RIN separator submitted all reports required under §§ 80.140 and 80.1451 for activities performed during the compliance period and report as a finding any exceptions.
(2) RIN separation events. The auditor must review records supporting RIN separation events as follows:
(i) Obtain copies of all the following:
(A) RIN separation reports submitted under §§ 80.140(e) and 80.1452.
(B) RNG withdrawal records required under § 80.145(e).
(ii)(A) Compare the volume of RNG, in Btu LHV, withdrawn from the natural gas commercial pipeline system to the reported number of separated RINs multiplied by 77,000 Btu used to produce the renewable CNG/LNG.
(B) Report as a finding if the volume of RNG, in Btu LHV, is less than the number of separated RINs multiplied by 77,000 Btu.
(iii)(A) Compare the volume of renewable CNG/LNG, in Btu LHV, to the reported number of separated RINs multiplied by 77,000 Btu.
(B) Report as a finding if the volume of renewable CNG/LNG, in Btu LHV, is less than the number of separated RINs multiplied by 77,000 Btu.
(3) RIN owner. The auditor must complete all the requirements specified in § 80.1464(c).
(f) General procedures for renewable fuel producers that use RNG as a feedstock. An attest auditor must conduct annual attestation audits for renewable fuel producers that use RNG as a feedstock using the following procedures:
(1) Registration and EPA reports. The auditor must review registration and EPA reports as follows:
(i) Obtain copies of all the following:
(A) The renewable fuel producer's registration information submitted under § 80.135.
(B) All reports submitted under § 80.140.
(ii) Confirm that the renewable fuel producer's registration is accurate based on the activities reported during the compliance period and that any required updates were completed prior to conducting regulated activities and report as a finding any exceptions.
(iii) Confirm that the renewable fuel producers submitted all reports required under §§ 80.140 and 80.1451 for activities performed during the compliance period and report as a finding any exceptions.
(2) RIN retirements. The attest auditor must review RIN retirements as follows:
(i) Obtain copies of all the following:
(A) RIN retirement reports submitted under §§ 80.140(f) and 80.1452.
(B) Records related to measurement under § 80.145(a)(1)(vi).
(ii) Compare the measured volume of RNG used as a feedstock to the reported number of RINs retired for RNG.
(iii) Report as a finding if the measured volume of RNG used as a feedstock does not match the number of RINs retired for RNG.
§ 80.170   Quality assurance plan.
(a) General requirements. This section specifies the requirements for QAPs related to the verification of RINs generated for RNG and biogas-derived renewable fuel.
(1) For the generation of Q-RINs for RNG or biogas-derived renewable fuel, the same independent third-party auditor must verify each party as follows:
(i) For RNG, all the RNG production facilities that inject into the same pipeline interconnect and all the biogas production facilities that provide feedstock to those RNG production facilities.
(ii) For renewable CNG/LNG produced from RNG, the biogas producer and the RNG producer.
(iii) For renewable CNG/LNG produced from biogas in a biogas closed distribution system, the biogas producer, the biogas closed distribution system RIN generator, and any party deemed necessary by EPA to ensure that the renewable CNG/LNG was used as transportation fuel.
(iv) For biogas-derived renewable fuel produced from biogas used as a biointermediate, the biogas producer, the producer of the biogas-derived renewable fuel, and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel.
(v) For biogas-derived renewable fuel produced from RNG used as a feedstock, the producer of the biogas-derived renewable fuel and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel.
(2) Independent third-party auditors that verify RINs generated under this subpart must meet the requirements in § 80.1471(a) through (c), (g), and (h).
(3)(i) QAPs approved by EPA to verify RINs generated under this subpart must meet the applicable requirements in § 80.1469.
(ii) EPA may revoke or void a QAP as specified in § 80.1469(e)(4) or (5).
(4) Independent third-party auditors must conduct quality assurance audits at biogas production facilities, RNG production facilities, renewable fuel production facilities, and any facility or location deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel, heating oil, or jet fuel as specified in § 80.1472.
(5) Independent third-party auditors must ensure that mass and energy balances performed under § 80.1469(c)(2) are consistent between facilities that are audited as part of the same chain.
(b) Requirements for biogas production facilities. In addition to the applicable elements verified under § 80.1469, the independent third-party auditor must do all the following for each biogas production facility:
(1) Verify that the biogas was measured as required under § 80.155.
(2) Verify that the PTDs for biogas transfers meet the applicable PTD requirements in §§ 80.150 and 80.1453.
(c) Requirements for RNG production facilities. In addition to the applicable elements verified under § 80.1469, the independent third-party auditor must do all the following for each RNG production facility:
(1) Verify that the RNG was sampled, tested, and measured as required under § 80.155.
(2) Verify that RINs were assigned, separated, and retired as required under § 80.125(c), (d), and (e), respectively.
(3) Verify that the RNG was injected into a natural gas commercial pipeline system.
(4) Verify that RINs were not generated on non-renewable components added to RNG prior to injection into a natural gas commercial pipeline system.
(d) Requirements for renewable fuel production facilities using biogas as a biointermediate. The independent third-party auditor must meet all the requirements specified in paragraph (b) of this section and § 80.1477 for each renewable fuel production facility using biogas as a biointermediate.
(e) Responsibility for replacement of invalid verified RINs. The generator of RINs for RNG or a biogas-derived renewable fuel, and the obligated party that owns the Q-RINs, are required to replace invalidly generated Q-RINs with valid RINs as specified in § 80.1431(b).
§ 80.175   Prohibited acts and liability provisions.
(a) Prohibited acts. (1) It is a prohibited act for any person to act in violation of this subpart or fail to meet a requirement that applies to that person under this subpart.
(2) No person may cause another person to commit an act in violation of this subpart.
(b) Liability provisions —(1) General. (i) Any person who commits any prohibited act or requirement in this subpart is liable for the violation.
(ii) Any person who causes another person to commit a prohibited act under this subpart is liable for that violation.
(iii) Any parent corporation is liable for any violation committed by any of its wholly-owned subsidiaries.
(iv) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or any violation of this subpart that is committed by the joint venture operation or any of the joint owners of the facility.
(v) Any person listed in paragraphs (b)(2) through (4) of this section is liable for any violation of a prohibition specified in paragraph (a) of this section or failure to meet a requirement of any provision of this subpart regardless of whether the person violated or caused the violation unless the person establishes an affirmative defense under § 80.180.
(vi) The liability provisions of § 80.1461 also apply to any person subject to the provisions of this subpart.
(2) Biogas liability. When biogas is found in violation of a prohibition specified in paragraph (a) of this section or § 80.1460, the following persons are deemed in violation:
(i) The biogas producer that produced the biogas.
(ii) Any RNG producer that used the biogas to produce RNG.
(iii) Any biointermediate producer that used the biogas to produce a biointermediate.
(iv) Any person that used the biogas, RNG produced from the biogas, or biointermediate produced from the biogas to produce a biogas-derived renewable fuel.
(v) Any person that generated a RIN from a biogas-derived renewable fuel produced from the biogas, RNG produced from the biogas, or biointermediate produced from the biogas.
(vi) Any person that used the biogas or RNG produced from the biogas as process heat or energy under § 80.1426(f)(12) or (13).
(3) RNG liability. When RNG is found in violation of a prohibition specified in paragraph (a) of this section or § 80.1460, the following persons are deemed in violation:
(i) The biogas producer that produced the biogas used to produce the RNG.
(ii) The RNG producer that produced the RNG.
(iii) Any person that used the RNG as a feedstock.
(iv) Any person that used the RNG as process heat or energy under § 80.1426(f)(12) or (13).
(v) Any person that generated a RIN from a biogas-derived renewable fuel produced from the RNG or biointermediate produced from the RNG.
(4) Third-party liability. Any party allowed under this subpart to act on behalf of a regulated party and does so to demonstrate compliance with the requirements of this subpart must meet those requirements in the same way that the regulated party must meet those requirements. The regulated party and the third party are both liable for any violations arising from the third party's failure to meet the requirements of this subpart.
§ 80.180   Affirmative defense provisions.
(a) Applicability. A person may establish an affirmative defense to a violation that person is liable for under § 80.175(b) if that person satisfies all applicable elements of an affirmative defense in this section.
(1) No person that generates a RIN for biogas-derived renewable fuel may establish an affirmative defense under this section.
(2) A person that is a biogas producer may not establish an affirmative defense under this section for a violation that the biogas producer is liable for under § 80.175(b)(1) and (2).
(3) A person that is an RNG producer may not establish an affirmative defense under this section for a violation that the RNG producer is liable for under § 80.175(b)(1) and (3).
(b) General elements. A person may only establish an affirmative defense under this section if the person meets all the following requirements:
(1) The person, or any of the person's employees or agents, did not cause the violation.
(2) The person did not know or have reason to know that the biogas, treated biogas, RNG, biogas-derived renewable fuel, or RIN was in violation of a prohibition or requirement under this subpart.
(3) The person must have had no financial interest in the company that caused the violation.
(4) If the person self-identified the violation, the person notified EPA within five business days of discovering the violation.
(5) The person must submit a written report to the EPA including all pertinent supporting documentation, demonstrating that the applicable elements of this section were met within 30 days of the person discovering the invalidity.
(c) Biogas producer elements. In addition to the elements specified in paragraph (b) of this section, a biogas producer must also meet all the following requirements to establish an affirmative defense:
(1) The biogas producer conducted or arranged to be conducted a quality assurance program that includes, at a minimum, a periodic sampling, testing, and measurement program adequately designed to ensure their biogas meets the applicable requirements to produce biogas under this part.
(2) The biogas producer had all affected biogas verified by a third-party auditor under an approved QAP under §§ 80.170 and 80.1469.
(3) The PTDs for the biogas indicate that the biogas was in compliance with the applicable requirements while in the biogas producer's control.
(d) RNG producer elements. In addition to the elements specified in paragraph (b) of this section, an RNG producer must also meet all the following requirements to establish an affirmative defense:
(1) The RNG producer conducted or arranged to be conducted a quality assurance program that includes, at a minimum, a periodic sampling, testing, and measurement program adequately designed to ensure that the biogas used to produce their RNG meets the applicable requirements to produce biogas under this part and that their RNG meets the applicable requirements to produce RNG under this part.
(2) The RNG producer had all affected biogas and RNG verified by a third-party auditor under an approved QAP under §§ 80.170 and 80.1469.
(3) The PTDs for the biogas used to produce their RNG and for their RNG indicate that the biogas and RNG were in compliance with the applicable requirements while in the RNG producer's control.
§ 80.185   Potentially invalid RINs.
(a) Identification and treatment of potentially invalid RINs (PIRs). (1) Any RIN can be identified as a PIR by the biogas producer, the RIN generator, the independent third-party auditor that verified the RIN, or EPA.
(2) Any party listed in paragraph (a)(1) of this section must use the procedures specified in § 80.1474(b) for identification and treatment of PIRs and retire any PIRs under § 80.1434(a).
(b) Potentially inaccurate or non-qualifying volumes of biogas-derived renewable fuel. (1) Any party that becomes aware of a volume of biogas-derived renewable fuel that does not meet the applicable requirements for such fuel under this part must notify the next party in the production chain within 5 business days.
(i) Biointermediate producers must notify the renewable fuel producer receiving the biointermediate within 5 business days.
(ii) If the volume of biogas-derived renewable fuel was audited under § 80.170, the party must notify the independent third-party auditor within 5 business days.
(iii) Non-RIN generating foreign RNG producers must comply with the requirements of this section and notify the importer generating RINs and other parties in the production chain, as applicable.
(iv) Each notified party must notify EPA within 5 business days.
(2) Any party that is notified of a volume of biogas-derived renewable fuel that does not meet the applicable requirements for such fuel under this part must correct affected volumes of biogas-derived renewable fuel under paragraph (a)(2) of this section, as applicable.
(c) Potential double counting. (1)(i) When any party becomes aware of any of the following, they must notify EPA and the RIN generator, if known, within 5 business days of initial discovery:
(A) More than one RIN being generated for renewable fuel produced from the same volume of biogas, treated biogas, or RNG.
(B) More than one RIN being generated for the same volume of biogas-derived renewable fuel or RNG.
(C) A party taking credit for biogas, treated biogas, or RNG under a non-transportation program ( e.g., a stationary-source renewable electricity program) and also generating RINs for renewable fuel produced from that same volume of biogas, treated biogas, or RNG.
(D) A party taking credit for biogas-derived renewable fuel or RNG under a non-transportation program ( e.g., a stationary-source renewable electricity program) and also generating RINs for that same volume of biogas-derived renewable fuel or RNG.
(E) A party taking credit for biogas, treated biogas, or RNG used outside the covered location and also generating RINs for renewable fuel produced from that same volume of biogas, treated biogas, or RNG.
(F) A party taking credit for biogas-derived renewable fuel or RNG used outside the covered location and also generating RINs for that same volume of biogas-derived renewable fuel or RNG.
(ii) When any party becomes aware of another party separating or retiring a RIN from the same volume of RNG, they must notify EPA and the RIN generator, if known, within 5 business days of initial discovery.
(2) EPA will notify the RIN generator of the potential double counting if the party that identified the potential double counting does not know the party that generated the potentially affected RINs.
(3) Upon notification, the RIN generator must then calculate any impacts to the number of RINs generated for the volume of impacted RNG or renewable fuel. The RIN generator must then notify EPA and the independent third-party auditor, if any, of the impacted RINs within 5 business days of initial notification.
(4) For any number of RINs over-generated due to the double counting of volumes of biogas or RNG, the RIN generator must follow the applicable procedures for invalid RINs specified in § 80.1431.
(d) Failure to take corrective action. Any person who fails to meet a requirement under paragraph (b) or (c) of this section is liable for full performance of such requirement, and each day of non-compliance is deemed a separate violation pursuant to § 80.1460(f). The administrative process for replacement of invalid RINs does not, in any way, limit the ability of the United States to exercise any other authority to bring an enforcement action under section 211 of the Clean Air Act, the fuels regulations under this part, 40 CFR part 1090, or any other applicable law.
(e) Replacing PIRs or invalid RINs. The following specifications apply when retiring valid RINs to replace PIRs or invalid RINs:
(1) When a RIN is retired to replace a PIR or invalid RIN, the D code of the retired RIN must be eligible to be used towards meeting all the renewable volume obligations as the PIR or invalid RIN it is replacing, as specified in § 80.1427(a)(2).
(2) The number of RINs retired must be equal to the number of PIRs or invalid RINs being replaced.
(f) Forms and procedures. (1) All parties that retire RINs under this section must use forms and procedures specified by EPA.
(2) All parties that must notify EPA under this section must submit those notifications to EPA as specified in 40 CFR 1090.10.
§ 80.1400   Applicability.
The provisions of this Subpart M shall apply for all renewable fuel produced on or after July 1, 2010, for all RINs generated on or after July 1, 2010, and for all renewable volume obligations and compliance periods starting with January 1, 2010.
§ 80.1401   Definitions.
The definitions of § 80.2 apply for the purposes of this subpart M.
§ 80.1402   Availability of information; confidentiality of information.
(a) Beginning January 1, 2020, no claim of business confidentiality may be asserted by any person with respect to information submitted to EPA under § 80.1451(c)(2)(ii)(E), whether submitted electronically or in paper format.
(b) The following information contained in EPA determinations that RINs are invalid under § 80.1474(b)(4)(i)(C)( 2 ) and (b)(4)(ii)(C)( 2 ), notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments arising under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) The company name.
(2) The name and location of the facility at which the fuel associated with the RINs in question was allegedly produced or imported.
(3) The EPA-issued company or facility identification number of the party that produced the fuel or generated the RINs in question.
(4) The total quantity of fuel and RINs in question.
(5) The time period when the fuel was allegedly produced.
(6) The time period when the RINs in question were generated.
(7) The batch number(s) and the D code(s) of the RINs in question.
(8) Information relating to the generation, transfer, or use of RINs.
(9) The shortfall in RINs related to an obligated party's failure to meet its renewable volume obligation.
(10) Any other information relevant to describing the violation.
(c) The following information contained in submissions under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) Submitter's name.
(2) The name and location of the facility, if applicable.
(3) The date the submission was transmitted to EPA.
(4) Any EPA-issued company or facility identification numbers associated with the submission.
(5) The purpose of the submission.
(6) The relevant time period for the submission, if applicable.
(d) The following information incorporated into EPA determinations on submissions under this subpart is not entitled to confidential treatment and the provisions of 40 CFR 2.201 through 2.215 and 2.301 do not apply:
(1) Submitter's name.
(2) The name and location of the facility, if applicable.
(3) The date the submission was transmitted to EPA.
(4) Any EPA-issued company or facility identification numbers associated with the submission.
(5) The purpose of the submission.
(6) The relevant time period of the submission, if applicable.
(7) The extent to which EPA granted or denied the request and any relevant terms and conditions.
(e) Except as otherwise specified in this section, any information submitted under this part claimed as confidential remains subject to evaluation by EPA under 40 CFR part 2, subpart B.
(f) EPA may disclose the information specified in paragraphs (a) through (d) of this section on its website, or otherwise make it available to interested parties, without additional notice or process, regardless of any claims that the information is entitled to confidential treatment under 40 CFR part 2, subpart B.
§ 80.1403   Which fuels are not subject to the 20% GHG thresholds?
(a) For purposes of this section, the following definitions apply:
(1) Commence construction, as applied to facilities that produce renewable fuel, means that:
(i) The owner or operator has all necessary preconstruction approvals or permits (as defined at 40 CFR 52.21(b)(10)), and has satisfied either of the following:
(A) Begun, or caused to begin, a continuous program of actual construction on-site (as defined in 40 CFR 52.21(b)(11)).
(B) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the facility.
(ii) For multi-phased projects, the commencement of construction of one phase does not constitute commencement of construction of any later phase, unless each phase is mutually dependent for physical and chemical reasons only.
(2) [Reserved]
(b) The lifecycle greenhouse gas emissions from renewable fuels must be at least 20 percent less than baseline lifecycle greenhouse gas emissions, with the exception of the baseline volumes of renewable fuel produced from facilities described in paragraphs (c) and (d) of this section.
(c) The baseline volume of renewable fuel that is produced from facilities and any expansions, all of which commenced construction on or before December 19, 2007, shall not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions if the owner or operator:
(1) Did not discontinue construction for a period of 18 months after commencement of construction; and
(2) Completed construction by December 19, 2010.
(d) The baseline volume of ethanol that is produced from facilities and any expansions all of which commenced construction after December 19, 2007 and on or before December 31, 2009, shall not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions if such facilities are fired with natural gas, biomass, or a combination thereof at all times the facility operated between December 19, 2007 and December 31, 2009 and if:
(1) The owner or operator did not discontinue construction for a period of 18 months after commencement of construction;
(2) The owner or operator completed construction within 36 months of commencement of construction; and
(3) The baseline volume continues to be produced through processes fired with natural gas, biomass, or any combination thereof.
(e) The annual volume of renewable fuel during a calendar year from facilities described in paragraphs (c) and (d) of this section that exceeds the baseline volume shall be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions.
(f) If there are any changes in the mix of renewable fuels produced by those facilities described in paragraph (d) of this section, only the ethanol volume (to the extent it is less than or equal to baseline volume) will not be subject to the requirement that lifecycle greenhouse gas emissions be at least 20 percent less than baseline lifecycle greenhouse gas emissions. Any party that changes the fuel mix must update their registration as specified in § 80.1450(d).
§ 80.1404   [Reserved]
§ 80.1405   What are the Renewable Fuel Standards?
(a) The values of the renewable fuel standards are as follows:
Table 1 to Paragraph ( a )—Annual Renewable Fuel Standards
(b) EPA will calculate the value of the annual standards and publish these values in the Federal Register by November 30 of the year preceding the compliance period.
(c) EPA will calculate the annual renewable fuel percentage standards using the following equations:
(d) The price for cellulosic biofuel waiver credits will be calculated in accordance with § 80.1456(d) and published on EPA's Web site.
§ 80.1406   Obligated party responsibilities.
(a) [Reserved]
(b) For each compliance period starting with 2010, an obligated party is required to demonstrate, pursuant to § 80.1427, that it has satisfied the Renewable Volume Obligations for that compliance period, as specified in § 80.1407(a).
(c) Aggregation of facilities —(1) Except as provided in paragraphs (c)(2), (d) and (e) of this section, an obligated party may comply with the requirements of paragraph (b) of this section in the aggregate for all of the refineries that it operates, or for each refinery individually.
(2) An obligated party that carries a deficit into year i + 1 must use the same approach to aggregation of facilities in year i + 1 as it did in year i.
(d) An obligated party must comply with the requirements of paragraph (b) of this section for all of its imported gasoline or diesel fuel in the aggregate.
(e) An obligated party that is both a refiner and importer must comply with the requirements of paragraph (b) of this section for its imported gasoline or diesel fuel separately from gasoline or diesel fuel produced by its domestic refinery or refineries.
(f) Where a refinery or import facility is jointly owned by two or more parties, the requirements of paragraph (b) of this section may be met by one of the joint owners for all of the gasoline or diesel fuel produced/imported at the facility, or each party may meet the requirements of paragraph (b) of this section for the portion of the gasoline or diesel fuel that it produces or imports, as long as all of the gasoline or diesel fuel produced/imported at the facility is accounted for in determining the Renewable Volume Obligations under § 80.1407. In either case, all joint owners are subject to the liability provisions of § 80.1461(d).
(g) The requirements in paragraph (b) of this section apply to the following compliance periods: Beginning in 2010, and every year thereafter, the compliance period is January 1 through December 31.
§ 80.1407   How are the Renewable Volume Obligations calculated?
(a) The Renewable Volume Obligations for an obligated party are determined according to the following formulas:
(1) Cellulosic biofuel.
(2) Biomass-based diesel.
(3) Advanced biofuel.
(4) Renewable fuel.
(b) The non-renewable gasoline volume, GV i , for an obligated party for a given year as specified in paragraph (a) of this section is calculated as follows:
(c) Except as specified in paragraph (f) of this section, all of the following products that are produced or imported during a compliance period, collectively called “gasoline” for the purposes of this section (unless otherwise specified), are to be included (but not double-counted) in the volume used to calculate a party's Renewable Volume Obligations under paragraph (a) of this section, except as provided in paragraph (f) of this section:
(1) Reformulated gasoline, whether or not renewable fuel is later added to it.
(2) Conventional gasoline, whether or not renewable fuel is later added to it.
(3) Reformulated gasoline blendstock that becomes finished reformulated gasoline upon the addition of oxygenate (RBOB).
(4) Conventional gasoline blendstock that becomes finished conventional gasoline upon the addition of oxygenate (CBOB).
(5) Blendstock (including butane, pentane, and gasoline treated as blendstock (GTAB)) that has been combined with other blendstock and/or finished gasoline to produce gasoline.
(6) Any gasoline, or any unfinished gasoline that becomes finished gasoline upon the addition of oxygenate, that is produced or imported to comply with a state or local fuels program.
(d) The diesel non-renewable volume, DV i , for an obligated party for a given year as specified in paragraph (a) of this section is calculated as follows:
(e) Except as specified in paragraph (f) of this section, all products meeting the definition of MVNRLM diesel fuel that are produced or imported during a compliance period, collectively called “diesel fuel” for the purposes of this section (unless otherwise specified), are to be included (but not double-counted) in the volume used to calculate a party's Renewable Volume Obligations under paragraph (a) of this section.
(f) The following products are not included in the volume of gasoline or diesel fuel produced or imported used to calculate a party's Renewable Volume Obligations according to paragraph (a) of this section:
(1) Any renewable fuel. Renewable fuel for which a RIN is invalidly generated under § 80.1431 may not be excluded from a party's renewable volume obligations.
(2) Blendstock that has not been combined with other blendstock, finished gasoline, or diesel to produce gasoline or diesel.
(3) Gasoline or diesel fuel produced or imported for use in Alaska, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas, unless the area has opted into the RFS program under § 80.1443.
(4) Gasoline or diesel fuel produced by a small refinery that has an exemption under § 80.1441 or an approved small refiner that has an exemption under § 80.1442.
(5) Gasoline or diesel fuel exported for use outside the covered location, and gasoline or diesel fuel exported for use outside Alaska, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Marianas, if the area has opted into the RFS program under § 80.1443.
(6) For blenders, the volume of finished gasoline, finished diesel fuel, RBOB, or CBOB to which a blender adds blendstocks.
(7) Transmix gasoline product (as defined in 40 CFR 1090.80) and transmix distillate product (as defined in 40 CFR 1090.80) produced by a transmix processor, and transmix blended into gasoline or diesel fuel by a transmix blender under 40 CFR 1090.500.
(8) Any gasoline or diesel fuel that is not transportation fuel.
(9) Distillate fuel with a sulfur content greater than 15 ppm that is clearly designated for a use other than transportation fuel, such as heating oil or ECA marine fuel.
(10) Distillate fuel that meets a 15 ppm sulfur standard, is designated for non-transportation use, and that remains completely segregated from MVNRLM diesel fuel from the point of production through to the point of use for a non-transportation purpose, such as heating oil or ECA marine fuel.
(11) Certified NTDF, if the refiner or importer has a reasonable expectation that the fuel will be used for non-transportation purposes. To establish a reasonable expectation that the fuel will be used for non-transportation purposes, a refiner or importer must, at a minimum, be able to demonstrate that they supply areas that use heating oil, ECA marine fuel, or 15 ppm distillate fuel for non-transportation purposes in quantities that are consistent with past practices or changed circumstances. EPA may consider any other relevant information, including the price of the fuel, in assessing whether a refiner or importer has a reasonable expectation that the fuel will be used for non-transportation purposes.
§ 80.1408   What are the requirements for parties that own and redesignate certified NTDF as MVNRLM diesel fuel?
(a) Beginning January 1, 2021, a party that owns certified NTDF, and only a party that owns certified NTDF, may redesignate NTDF as MVNRLM diesel fuel if they meet all of the following requirements:
(1) Register as a refiner and register each facility where redesignation occurs as a refinery under § 80.76. NTDF may only be redesignated as MVNRLM diesel fuel at a facility registered as a refinery.
(2) At each facility, calculate a balance of MVNRLM diesel fuel during each annual compliance period according to the following equation:
(i) If MVNRLM BAL is greater than 0, an RVO is incurred by the redesignating party for the volume of diesel fuel equal to MVNRLM. The redesignating party must also comply with all of the following:
(A) The reporting requirements of § 80.1451(a)(1)(xix).
(B) The recordkeeping requirements of § 80.1454(o).
(C) The attest engagement requirements of §§ 80.1464 and 80.1475, as applicable.
(ii) If MVNRLM BAL is less than or equal to 0, no RVO is incurred by the redesignating party for any redesignated certified NTDF. These parties must comply with all of the following:
(A) The reporting requirements of § 80.1451(i).
(B) The recordkeeping requirements of § 80.1454(o).
(b) Parties that incur an RVO under paragraph (a)(2)(i) of this section must comply with all applicable requirements for obligated parties under this subpart.
(c) The provisions of this section do not apply to gasoline or diesel fuel that is designated for export.
§§ 80.1409-80.1414   [Reserved]
§ 80.1415   How are equivalence values assigned to renewable fuel?
(a)(1) Each gallon of a renewable fuel, or gallon equivalent pursuant to paragraph (b)(5) or (b)(6) of this section, shall be assigned an equivalence value by the producer or importer pursuant to paragraph (b) or (c) of this section.
(2) The equivalence value is a number that is used to determine how many gallon-RINs can be generated for a gallon of renewable fuel according to § 80.1426.
(b) Equivalence values shall be assigned for certain renewable fuels as follows:
(1) Ethanol which is denatured shall have an equivalence value of 1.0.
(2) Biodiesel shall have an equivalence value of 1.5.
(3) Butanol shall have an equivalence value of 1.3.
(4) Non-ester renewable diesel with a lower heating value of at least 123,500 Btu/gal shall have an equivalence value of 1.7.
(5) 77,000 Btu LHV of renewable CNG/LNG or RNG shall represent one gallon of renewable fuel with an equivalence value of 1.0.
(6) 22.6 kWh of electricity shall represent one gallon of renewable fuel with an equivalence value of 1.0.
(7) For all other renewable fuels, a producer or importer must submit an application to EPA for an equivalence value following the provisions of paragraph (c) of this section. A producer or importer may also submit an application for an alternative equivalence value pursuant to paragraph (c) of this section if the renewable fuel is listed in this paragraph (b), but the producer or importer has reason to believe that a different equivalence value than that listed in this paragraph (b) is warranted.
(c) Calculation of new equivalence values. (1) The equivalence value for renewable fuels described in paragraph (b)(7) of this section shall be calculated using the following formula:
(2) The application for an equivalence value shall include a technical justification that includes all the following:
(i) A calculation for the requested equivalence value according to the equation in paragraph (c)(1) of this section, including supporting documentation for the value of EC used in the calculation such as a certificate of analysis from a laboratory that verifies the lower heating value in Btu per gallon of the renewable fuel produced.
(ii) For each feedstock, biointermediate, component, or additive that is used to make the renewable fuel, provide a description, the percent input, and identify whether or not it is renewable biomass or is produced from renewable biomass.
(iii) For each feedstock or biointermediate that also qualifies as a renewable fuel, state whether or not RINs have been previously generated for such feedstock.
(iv) A description of the renewable fuel and the production process, including a block diagram that shows all inputs and outputs at each step of the production process with a sample quantity of all inputs and outputs for one batch of renewable fuel produced.
(3) The Agency will review the technical justification and assign an appropriate equivalence value to the renewable fuel based on the procedure in this paragraph (c).
(4) Applications for equivalence values must be sent to the attention of “RFS2 Program (Equivalence Value Application)” to the address in § 80.10(a).
(5) All applications required under this section shall be submitted on forms and following procedures prescribed by EPA.
§ 80.1416   Petition process for evaluation of new renewable fuels pathways.
(a) Pursuant to this section, a party may petition EPA to assign a D code for their renewable fuel if any of the following apply:
(1) The renewable fuel pathway has not been evaluated by EPA to determine if it qualifies for a D code pursuant to § 80.1426(f).
(2) The renewable fuel pathway has been determined by EPA not to qualify for a D code pursuant to § 80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA.
(3) The renewable fuel pathway has been determined to qualify for a certain D code pursuant to § 80.1426(f) and the party can document significant differences between their fuel production processes and the fuel production processes already considered by EPA that may qualify their fuel pathway for a different D code.
(b)(1) Any petition under paragraph (a) of this section shall include all the following:
(i) The information specified under 40 CFR 1090.805.
(ii) A technical justification that includes a description of the renewable fuel, feedstock(s), and biointermediate(s) used to make it, and the production process. The justification must include process modeling flow charts.
(iii) A mass balance for the pathway, including feedstocks and biointermediates, fuels produced, co-products, and waste materials production.
(iv) Information on co-products, including their expected use and market value.
(v) An energy balance for the pathway, including a list of any energy and process heat inputs and outputs used in the pathway, including such sources produced off site or by another entity.
(vi) Any other relevant information, including information pertaining to energy saving technologies or other process improvements.
(vii) EPA may ask for additional information to complete the lifecycle greenhouse gas assessment of the new fuel or pathway.
(2) For those companies who use a feedstock not previously evaluated by EPA under this subpart, the petition must include all the following in addition to the requirements in paragraph (b)(1) of this section:
(i) Type of feedstock and description of how it meets the definition of renewable biomass.
(ii) Market value of the feedstock.
(iii) List of other uses for the feedstock.
(iv) List of chemical inputs needed to produce the renewable biomass source of the feedstock and prepare the renewable biomass for processing into feedstock.
(v) Identify energy needed to obtain the feedstock and deliver it to the facility. If applicable, identify energy needed to plant and harvest the renewable biomass source of the feedstock and modify the source to create the feedstock.
(vi) Current and projected quantities of the feedstock that will be used to produce the fuel, including information on current and projected yields for feedstocks that are harvested or collected.
(vii) EPA may ask for additional information to complete the lifecycle Greenhouse Gas assessment of the new fuel or pathway.
(c)(1) A company may only submit one petition per pathway. If EPA determines the petition to be incomplete, then the company may resubmit.
(2) The petition must be signed and certified as meeting all the applicable requirements of this subpart by the responsible corporate officer of the applicant company.
(3) If EPA determines that the petition is incomplete then EPA will notify the applicant in writing that the petition is incomplete and will not be reviewed further. However, an amended petition that corrects the omission may be re-submitted for EPA review.
(4) If the fuel or pathway described in the petition does not meet the definition of renewable fuel, advanced biofuel, cellulosic biofuel, or biomass-based diesel, then EPA will notify the applicant in writing that the petition is denied and will not be reviewed further.
(d) A D code must be approved prior to the generation of RINs for the fuel in question. During petition review EPA will evaluate whether a feedstock meets the 75% cellulosic content threshold allowing cellulosic RINs to be generated for the entire fuel volume produced. EPA may ask for additional information to complete this evaluation.
(e) The petition under this section shall be submitted on forms and following procedures as prescribed by EPA.
§§ 80.1417-80.1424   [Reserved]