- § 80.100 - Scope and application.
- § 80.105 - Biogas producers.
- § 80.110 - RNG producers, RNG importers, and biogas closed distribution system RIN generators.
- § 80.115 - RNG RIN separators.
- § 80.120 - Parties that use biogas as a biointermediate or RNG as a feedstock or as process heat or energy.
- § 80.125 - RINs for RNG.
- § 80.130 - RINs for renewable CNG/LNG from a biogas closed distribution system.
- § 80.135 - Registration.
- § 80.140 - Reporting.
- § 80.145 - Recordkeeping.
- § 80.150 - Product transfer documents.
- § 80.155 - Sampling, testing, and measurement.
- § 80.160 - RNG importers, foreign biogas producers, and foreign RNG producers.
- § 80.165 - Attest engagements.
- § 80.170 - Quality assurance plan.
- § 80.175 - Prohibited acts and liability provisions.
- § 80.180 - Affirmative defense provisions.
- § 80.185 - Potentially invalid RINs.
§ 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:
VV
(ii) The batch volume of biogas produced under an approved pathway with a D code of 3 or 7 must be calculated as follows:
V(iii) The biogas energy value for each cellulosic biogas feedstock must be calculated as follows:
BE(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 calendar 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 calendar year and each subsequent batch during the calendar 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 calendar 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 calendar year and each subsequent batch during the calendar 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:
Where:
V§ 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:
Where:
RIN(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.