substances or any combination of these substances requires that they be
``substantially similar'' under section 211(f)(1) of the Clean Air Act
(42 U.S.C. 7545(f)(1)), or be permitted under a waiver granted by EPA
under the authority of section 211(f)(4) of the Clean Air Act (42
U.S.C. 7545(f)(4)).
    Oxygenated gasoline means gasoline which contains a measurable
amount of oxygenate.
    Pastureland is land managed for the production of select indigenous
or introduced forage plants for livestock grazing or hay production,
and to prevent succession to other plant types.
    Permitted capacity means 105% of the maximum permissible volume
output of renewable fuel that is allowed under operating conditions
specified in the most restrictive of all applicable preconstruction,
construction and operating permits issued by regulatory authorities
(including local, regional, state or a foreign equivalent of a state,
and federal permits, or permits issued by foreign governmental
agencies) that govern the construction and/or operation of the
renewable fuel facility, based on an annual volume output on a calendar
year basis. If the permit specifies maximum rated volume output on an
hourly basis, then annual volume output is determined by multiplying
the hourly output by 8,322 hours per year.
    (1) For facilities that commenced construction prior to December
19, 2007, the permitted capacity is based on permits issued or revised
no later than December 19, 2007.
    (2) For facilities that commenced construction after December 19,
2007 and before January 1, 2010 that are fired with natural gas,
biomass, or a combination thereof, the permitted capacity is based on
permits issued or revised no later than December 31, 2009.
    (3) For facilities other than those specified in paragraphs (1) and
(2) of this definition, permitted capacity is based on the most recent
applicable permits.
    Pipeline interconnect means the physical injection or withdrawal
point where RNG is injected or withdrawn into or from the natural gas
commercial pipeline system.
    Planted crops are all annual or perennial agricultural crops from
existing agricultural land that may be used as feedstocks for renewable
fuel, such as grains, oilseeds, sugarcane, switchgrass, prairie grass,
duckweed, and other species (but not including algae species or planted
trees), providing that they were intentionally applied by humans to the
ground, a growth medium, a pond or tank, either by direct application
as seed or plant, or through intentional natural seeding or vegetative
propagation by mature plants introduced or left undisturbed for that
purpose.
    Planted trees are trees harvested from a tree plantation.
    Plug-in hybrid electric vehicle (PHEV) has the meaning given in 40
CFR 86.1803-01.
    Pre-commercial thinnings are trees, including unhealthy or diseased
trees, removed to reduce stocking to concentrate growth on more
desirable, healthy trees, or other vegetative material that is removed
to promote tree growth.
    Produced from renewable biomass means that the energy in the
finished fuel or biointermediate comes from renewable biomass.
    Professional liability insurance means insurance coverage for
liability arising out of the performance of professional or business
duties related to a specific occupation, with coverage being tailored
to the needs of the specific occupation. Examples include abstracters,
accountants, insurance adjusters, architects, engineers, insurance
agents and brokers, lawyers, real estate agents, stockbrokers, and
veterinarians. For purposes of this definition, professional liability
insurance does not include directors and officers liability insurance.
    Q-RIN means a RIN verified by a registered independent third-party
auditor using a QAP that has been approved under Sec.  80.1469(c)
following the audit process specified in Sec.  80.1472.
    Quality assurance audit means an audit of a renewable fuel
production facility or biointermediate production facility conducted by
an independent third-party auditor in accordance with a QAP that meets
the requirements of Sec. Sec.  80.1469, 80.1472, and 80.1477.
    Quality assurance plan or QAP means the list of elements that an
independent third-party auditor will check to verify that the RINs
generated by a renewable fuel producer or importer are valid or to
verify the appropriate production of a biointermediate. A QAP includes
both general and pathway specific elements.
    Raw starch hydrolysis means the process of hydrolyzing corn starch
into simple sugars at low temperatures, generally not exceeding 100
[deg]F (38 [deg]C), using enzymes designed to be effective under these
conditions.
    Refiner means any person who owns, leases, operates, controls, or
supervises a refinery.
    Refinery means any facility, including but not limited to, a plant,
tanker truck, or vessel where gasoline or diesel fuel

is produced, including any facility at which blendstocks are combined
to produce gasoline or diesel fuel, or at which blendstock is added to
gasoline or diesel fuel.
    Reformulated gasoline or RFG means any gasoline whose formulation
has been certified under 40 CFR 1090.1000(b), and which meets each of
the standards and requirements prescribed under 40 CFR 1090.220.
    Reformulated gasoline blendstock for oxygenate blending or RBOB
means a petroleum product that, when blended with a specified type and
percentage of oxygenate, meets the definition of reformulated gasoline,
and to which the specified type and percentage of oxygenate is added
other than by the refiner or importer of the RBOB at the refinery or
import facility where the RBOB is produced or imported.
    Renewable biomass means each of the following (including any
incidental, de minimis contaminants that are impractical to remove and
are related to customary feedstock production and transport):
    (1) Planted crops and crop residue harvested from existing
agricultural land cleared or cultivated prior to December 19, 2007 and
that was nonforested and either actively managed or fallow on December
19, 2007.
    (2) Planted trees and tree residue from a tree plantation located
on non-federal land (including land belonging to an Indian tribe or an
Indian individual that is held in trust by the U.S. or subject to a
restriction against alienation imposed by the U.S.) that was cleared at
any time prior to December 19, 2007 and actively managed on December
19, 2007.
    (3) Animal waste material and animal byproducts.
    (4) Slash and pre-commercial thinnings from non-federal forestland
(including forestland belonging to an Indian tribe or an Indian
individual, that are held in trust by the United States or subject to a
restriction against alienation imposed by the United States) that is
not ecologically sensitive forestland.
    (5) Biomass (organic matter that is available on a renewable or
recurring basis) obtained from within 200 feet of buildings and other
areas regularly occupied by people, or of public infrastructure, in an
area at risk of wildfire.
    (6) Algae.
    (7) Separated yard waste or food waste, including recycled cooking
and trap grease.
    Renewable compressed natural gas or renewable CNG means biogas or
RNG that is compressed for use as transportation fuel and meets the
definition of renewable fuel.
    Renewable electricity means electricity that meets the definition
of renewable fuel and is covered under a RIN generation agreement under
Sec.  80.135.
    Renewable electricity data mean the information that describes the
monthly renewable electricity generation for a renewable electricity
generation facility covered by a RIN generation agreement.
    Renewable electricity generation facility means any facility where
renewable electricity is produced.
    Renewable electricity generator means any person who owns, leases,
operates, controls, or supervises a renewable electricity generation
facility.
    Renewable electricity RIN generator (RERG) means any OEM of
electric and plug-in hybrid electric LDV/Ts registered to generate RINs
for renewable electricity.
    Renewable fuel means a fuel that meets all the following
requirements:
    (1)(i) Fuel that is produced either from renewable biomass or from
a biointermediate produced from renewable biomass.
    (ii) Fuel that is used in the covered location to replace or reduce
the quantity of fossil fuel present in a transportation fuel, heating
oil, or jet fuel.
    (iii) Has lifecycle greenhouse gas emissions that are at least 20
percent less than baseline lifecycle greenhouse gas emissions, unless
the fuel is exempt from this requirement pursuant to Sec.  80.1403.
    (2) Ethanol covered by this definition must be denatured using an
ethanol denaturant as required in 27 CFR parts 19 through 21. Any
volume of ethanol denaturant added to the undenatured ethanol by a
producer or importer in excess of 2 volume percent must not be included
in the volume of ethanol for purposes of determining compliance with
the requirements of this subpart.
    Renewable gasoline means renewable fuel produced from renewable
biomass that is composed of only hydrocarbons and that meets the
definition of gasoline.
    Renewable gasoline blendstock means a blendstock produced from
renewable biomass that is composed of only hydrocarbons and which meets
the definition of gasoline blendstock in Sec.  80.2.
    Renewable Identification Number (RIN) is a unique number generated
to represent a volume of renewable fuel pursuant to Sec. Sec.  80.1425
and 80.1426.
    (1) Gallon-RIN is a RIN that represents an individual gallon of
renewable fuel used for compliance purposes pursuant to Sec.  80.1427
to satisfy a renewable volume obligation.
    (2) Batch-RIN is a RIN that represents multiple gallon-RINs.
    Renewable liquefied natural gas or renewable LNG means biogas or
RNG that goes through the process of liquefaction in which it is cooled
below its boiling point for use as transportation fuel, and which meets
the definition of renewable fuel.
    Renewable natural gas (RNG) means a product that meets all the
following requirements:
    (1) It is produced from biogas.
    (2) It contains at least 90 percent biomethane content.
    (3) It meets the specifications for the natural gas commercial
pipeline system submitted and accepted by EPA under Sec.  80.145(f)(6).
    (4) It is used or will be used in the covered location as
transportation fuel or to produce a renewable fuel.
    RERG's fleet means the RERG's electric and plug-in hybrid electric
LDV/T fleet.
    Residual fuel means a petroleum fuel that can only be used in
diesel engines if it is preheated before injection. For example, No. 5
fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note:
Residual fuels do not necessarily require heating for storage or
pumping.
    Responsible corporate officer (RCO) has the meaning given in 40 CFR
1090.80.
    Retail outlet means any establishment at which gasoline, diesel
fuel, natural gas or liquefied petroleum gas is sold or offered for
sale for use in motor vehicles or nonroad engines, including locomotive
or marine engines.
    Retailer means any person who owns, leases, operates, controls, or
supervises a retail outlet.
    RIN-generating foreign producer means a foreign renewable fuel
producer that has been registered by EPA to generate RINs for renewable
fuel it produces.
    RIN generation agreement means the exclusive, bilateral, contracted
ability of a RERG to generate RINs for all of the renewable electricity
generated at a renewable electricity generation facility.
    RIN generator means any party allowed to generate RINs under this
part.
    RIN-less RNG means RNG produced by a foreign RNG producer and for
which RINs were not generated by the foreign RNG producer.
    RNG importer means any person who imports RNG into the covered
location and generates RINs for the RNG as specified in Sec.  80.140.

    RNG producer means any person who owns, leases, operates, controls,
or supervises an RNG production facility.
    RNG production facility means a location where biogas is upgraded
to RNG.
    RNG RIN separator means any person registered to separate RINs for
RNG under Sec.  80.140(d).
    RNG used as a feedstock means any RNG used to produce renewable
fuel (including renewable electricity) under Sec.  80.140.
    Separated food waste means a feedstock stream consisting of food
waste kept separate since generation from other waste materials, and
which includes food and beverage production waste and post-consumer
food and beverage waste.
    Separated municipal solid waste (MSW) means material remaining
after separation actions have been taken to remove recyclable paper,
cardboard, plastics, rubber, textiles, metals, and glass from municipal
solid waste, and which is composed of both cellulosic and non-
cellulosic materials.
    Separated yard waste means a feedstock stream consisting of yard
waste kept separate since generation from other waste materials.
    Slash is the residue, including treetops, branches, and bark, left
on the ground after logging or accumulating as a result of a storm,
fire, delimbing, or other similar disturbance.
    Small refinery means a refinery for which the average aggregate
daily crude oil throughput (as determined by dividing the aggregate
throughput for the calendar year by the number of days in the calendar
year) does not exceed 75,000 barrels.
    Soapstock means an emulsion, or the oil obtained from separation of
that emulsion, produced by washing oils listed as a feedstock in an
approved pathway with water.
    Transportation fuel means fuel for use in motor vehicles, motor
vehicle engines, nonroad vehicles, or nonroad engines (except fuel for
use in ocean-going vessels).
    Treated biogas means biogas that has undergone treatment to remove
inert gases or impurities and is used in a biogas closed distribution
system.
    Tree plantation is a stand of no less than 1 acre composed
primarily of trees established by hand- or machine-planting of a seed
or sapling, or by coppice growth from the stump or root of a tree that
was hand- or machine-planted. Tree plantations must have been cleared
prior to December 19, 2007 and must have been actively managed on
December 19, 2007, as evidenced by records which must be traceable to
the land in question, which must include:
    (1) Sales records for planted trees or tree residue together with
other written documentation connecting the land in question to these
purchases;
    (2) Purchasing records for seeds, seedlings, or other nursery stock
together with other written documentation connecting the land in
question to these purchases;
    (3) A written management plan for silvicultural purposes;
    (4) Documentation of participation in a silvicultural program
sponsored by a Federal, state or local government agency;
    (5) Documentation of land management in accordance with an
agricultural or silvicultural product certification program;
    (6) An agreement for land management consultation with a
professional forester that identifies the land in question; or
    (7) Evidence of the existence and ongoing maintenance of a road
system or other physical infrastructure designed and maintained for
logging use, together with one of the above-mentioned documents.
    Tree residue is slash and any woody residue generated during the
processing of planted trees from tree plantations for use in lumber,
paper, furniture or other applications, provided that such woody
residue is not mixed with similar residue from trees that do not
originate in tree plantations.
    Undenatured ethanol means a liquid that meets one of the
definitions in paragraph (1) of this definition:
    (1)(i) Ethanol that has not been denatured as required in 27 CFR
parts 19 through 21.
    (ii) Specially denatured alcohol as defined in 27 CFR 21.11.
    (2) Undenatured ethanol is not renewable fuel.
    United States has the meaning given in 40 CFR 1090.80.
    Vehicle fuel economy means the average kWh consumed per mile by an
EV or PHEV when operating in all electric mode.
    Verification status means a description of whether biogas,
renewable electricity, or a RIN has been verified under an EPA-approved
quality assurance plan.
    Verified RIN means a RIN generated by a renewable fuel producer
that was subject to a QAP audit executed by an independent third-party
auditor, and determined by the independent third-party auditor to be
valid. Verified RINs includes A-RINs, B-RINs, and Q-RINs.
    Wholesale purchaser-consumer means any person that is an ultimate
consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum
gas and which purchases or obtains gasoline, diesel fuel, natural gas
or liquefied petroleum gas from a supplier for use in motor vehicles or
nonroad engines, including locomotive or marine engines and, in the
case of gasoline, diesel fuel, or liquefied petroleum gas, receives
delivery of that product into a storage tank of at least 550-gallon
capacity substantially under the control of that person.
0
3. Revise Sec.  80.3 to read as follows:

Sec.  80.3  Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at U.S. EPA and at the National
Archives and Records Administration (NARA). Contact U.S. EPA at: U.S.
EPA, Air and Radiation Docket and Information Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460;
(202) 566-1742. For information on the availability of this material at
NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html
or email [email protected]. The material may be obtained from the
following sources:
    (a) American National Standards Institute (ANSI), 25 West 43rd
Street, 4th Floor, New York, NY 10036;<PHONE_NUMBER>; www.ansi.org.
    (1) ANSI C12.20-2015, Electricity Meters 0.1, 0.2, And 0.5 Accuracy
Classes, February 17, 2017 (ANSI C12.20); IBR approved for Sec.
80.165(c).
    (2) [Reserved]
    (b) American Petroleum Institute (API), 200 Massachusetts Avenue
NW, Suite 1100, Washington, DC 20001-5571;<PHONE_NUMBER>; www.api.org.
    (1) API MPMS 14.1-2016, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluids Measurement Section 1--Collecting and
Handling of Natural Gas Samples for Custody Transfer, 7th Edition,
April 2016 (``API MPMS 14.1''); IBR approved for Sec.  80.165(b).
    (2) API MPMS 14.3.1-2012, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluids Measurement Section 3--Orifice Metering
of Natural Gas and Other Related Hydrocarbon Fluids-Concentric,
Square[hyphen]edged Orifice Meters Part 1: General Equations and
Uncertainty Guidelines, 4th Edition, September 2012 (``API MPMS
14.3.1''); IBR approved for Sec.  80.165(a).

    (3) API MPMS 14.3.2-2016, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluids Measurement Section 3--Orifice Metering
of Natural Gas and Other Related Hydrocarbon Fluids-Concentric,
Square[hyphen]edged Orifice Meters Part 2: Specification and
Installation Requirements, 5th Edition, March 2016 (``API MPMS
14.3.2''); IBR approved for Sec.  80.165(a).
    (4) API MPMS 14.3.3-2021, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluids Measurement Section 3--Orifice Metering
of Natural Gas and Other Related Hydrocarbon Fluids-Concentric,
Square[hyphen]edged Orifice Meters Part 3: Natural Gas Applications,
4th Edition, November 2013 (``API MPMS 14.3.3''); IBR approved for
Sec.  80.165(a).
    (5) API MPMS 14.3.4-2019, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluids Measurement Section 3--Orifice Metering
of Natural Gas and Other Related Hydrocarbon Fluids-Concentric,
Square[hyphen]edged Orifice Meters Part 4--Background, Development,
Implementation Procedure, and Example Calculations, 4th Edition,
September 2019 (``API MPMS 14.3.4''); IBR approved for Sec.  80.165(a).
    (6) API MPMS 14.12-2017, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluid Measurement Section 12--Measurement of
Gas by Vortex Meters, 1st Edition, March 2017 (``API MPMS 14.12''); IBR
approved for Sec.  80.165(a).
    (c) American Public Health Association (APHA), 1015 15th Street NW,
Washington, DC 20005;<PHONE_NUMBER>; https://www.standardmethods.org.
    (1) SM 2540, Solids In: Standard Methods For the Examination of
Water and Wastewater, approved June 10, 2020 (``SM 2540''); IBR
approved for Sec.  80.165(d).
    (2) [Reserved]
    (d) ASTM International (ASTM), 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959;<PHONE_NUMBER>; www.astm.org.
    (1) ASTM D975-21, Standard Specification for Diesel Fuel, approved
August 1, 2021 (``ASTM D975''); IBR approved for Sec. Sec.  80.2;
80.1426(f); 80.1450(b); 80.1451(b); 80.1454(l).
    (2) ASTM D1250-19e1, Standard Guide for the Use of the Joint API
and ASTM Adjunct for Temperature and Pressure Volume Correction Factors
for Generalized Crude Oils, Refined Products, and Lubricating Oils: API
MPMS Chapter 11.1, approved May 1, 2019 (``ASTM D1250''); IBR approved
for Sec.  80.1426(f).
    (3) ASTM D3588-98(2017)e1, Standard Practice for Calculating Heat
Value, Compressibility Factor, and Relative Density of Gaseous Fuels,
approved April 1, 2017 (``ASTM D3588''); IBR approved for Sec.
80.165(b).
    (4) ASTM D4442-20, Standard Test Methods for Direct Moisture
Content Measurement of Wood and Wood-Based Materials, approved March 1,
2020 (``ASTM D4442''); IBR approved for Sec.  80.1426(f).
    (5) ASTM D4444-13 (Reapproved 2018), Standard Test Method for
Laboratory Standardization and Calibration of Hand-Held Moisture
Meters, reapproved July 1, 2018 (``ASTM D4444''); IBR approved for
Sec.  80.1426(f).
    (6) ASTM D4888-20, Standard Test Method for Water Vapor in Natural
Gas Using Length-of-Stain Detector Tubes, approved December 15, 2020
(``ASTM D4888''); IBR approved for Sec.  80.165(b).
    (7) ASTM D5504-20, Standard Test Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and
Chemiluminescence, approved November 1, 2020 (``ASTM D5504''); IBR
approved for Sec.  80.165(b).
    (8) ASTM D6751-20a, Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels, approved August 1, 2020
(``ASTM D6751''); IBR approved for Sec.  80.2.
    (9) ASTM D6866-22, Standard Test Methods for Determining the
Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, approved March 15, 2022 (``ASTM D6866''); IBR
approved for Sec. Sec.  80.165(b); 80.1426(f); 80.1430(e).
    (10) ASTM D7164-21, On-line/At-line Heating Value Determination of
Gaseous Fuels by Gas Chromatography, approved April 1, 2021 (``ASTM
D7164''); IBR approved for Sec.  80.165(a).
    (11) ASTM D8230-19, Standard Test Method for Measurement of
Volatile Silicon-Containing Compounds in a Gaseous Fuel Sample Using
Gas Chromatography with Spectroscopic Detection, approved June 1, 2019
(``ASTM D8230''); IBR approved for Sec.  80.165(b).
    (12) ASTM E711-87 (R2004), Standard Test Method for Gross Calorific
Value of Refuse-Derived Fuel by the Bomb Calorimeter, reapproved 2004
(``ASTM E711''); IBR approved for Sec.  80.1426(f).
    (13) ASTM E870-82 (Reapproved 2019), Standard Test Methods for
Analysis of Wood Fuels, reapproved April 1, 2019 (``ASTM E870''); IBR
approved for Sec.  80.1426(f).

Sec.  80.4  [Amended]

0
4. Amend Sec.  80.4 by removing the text ``The Administrator or his
authorized representative'' and adding, in its place, the text ``EPA''.
0
5. Amend Sec.  80.7 by:
0
a. Revising paragraph (a) introductory text;
0
b. In paragraph (b), removing the text ``the Administrator, the
Regional Administrator, or their delegates'' and adding, in its place,
the text ``EPA''; and
0
c. Revising the first sentence of paragraph (c).
    The revisions read as follows:

Sec.  80.7  Requests for information.

    (a) When EPA has reason to believe that a violation of section
211(c) or section 211(n) of the Clean Air Act and the regulations
thereunder has occurred, EPA may require any refiner, distributor,
wholesale purchaser-consumer, or retailer to report the following
information regarding receipt, transfer, delivery, or sale of gasoline
represented to be unleaded gasoline and to allow the reproduction of
such information at all reasonable times.
* * * * *
    (c) Any refiner, distributor, wholesale purchaser-consumer,
retailer, or importer must provide such other information as EPA may
reasonably require to enable the Agency to determine whether such
refiner, distributor, wholesale purchaser-consumer, retailer, or
importer has acted or is acting in compliance with sections 211(c) and
211(n) of the Clean Air Act and the regulations thereunder and must,
upon request of EPA, produce and allow reproduction of any relevant
records at all reasonable times. * * *
0
6. Revise Sec.  80.9 to read as follows:

Sec.  80.9  Rounding.

    (a) Test results and calculated values reported to EPA under this
part must be rounded according to 40 CFR 1090.50(a) through (d).
    (b) Calculated values under this part may only be rounded when
reported to EPA.
    (c) Reported values under this part must be submitted using forms
and procedures specified by EPA.

Subpart B--Controls and Prohibitions

Sec.  80.24  [Amended]

0
7. Amend Sec.  80.24 by, in paragraph (b), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA''.
0
8. Add subpart E, consisting of Sec. Sec.  80.100 through 80.195, to
read as follows:

Subpart E--Biogas-Derived Renewable Fuel

Sec.
80.100 Scope and application.
80.105 Biogas producers.
80.110 Renewable electricity generators.
80.115 Renewable electricity RIN generators.
80.120 RNG producers, RNG importers, and biogas closed distribution
system RIN generators.
80.125 RNG RIN separators.
80.130 Parties that produce renewable fuel from biogas used as a
biointermediate or RNG used as a feedstock.
80.135 RINs for renewable electricity.
80.140 RINs for RNG.
80.142 RINs for renewable CNG/LNG from a biogas closed distribution
system.
80.145 Registration.
80.150 Reporting.
80.155 Recordkeeping.
80.160 Product transfer documents.
80.165 Sampling, testing, and measurement.
80.170 RNG importers and foreign biogas producers, RNG producers,
renewable electricity generators, and RERGs.
80.175 Attest engagements.
80.180 Quality assurance program.
80.185 Prohibited acts and liability provisions.
80.190 Affirmative defense provisions.
80.195 Potentially invalid RINs.

Sec.  80.100  Scope and application.

    (a) Applicability. (1) The provisions of this subpart E apply to
all biogas, renewable electricity, and RNG used to produce a biogas-
derived renewable fuel, and RINs generated for a biogas-derived
renewable fuel.
    (2) This subpart also specifies requirements for any person that
engages in activities associated with the production, distribution,
transfer, or use of biogas, renewable electricity, RNG, 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. (1) RERGs must only generate RINs for
renewable electricity used in vehicles in the RERG's fleet that are
registered in a state in the covered location (excluding Hawaii).
    (2) Only renewable electricity that is used as transportation fuel
in the covered location (excluding Hawaii) is eligible for the
generation of RINs for renewable electricity. Renewable electricity is
deemed to be eligible for use as transportation fuel in the covered
location if the renewable electricity is introduced into the
conterminous electricity distribution system that serves the covered
location (excluding Hawaii).
    (3) 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 January 1, 2024, unless otherwise specified.
Parties required to register under Sec.  80.145 may register with EPA
beginning on the effective date of the final rule.
    (2) Generation of RINs for renewable electricity. RERGs must only
generate RINs for renewable electricity produced from biogas or RNG
produced on or after January 1, 2024.
    (3) Generation of RINs for RNG. RNG producers must generate RINs
for RNG produced on or after January 1, 2024, as specified in Sec.
80.140.
    (4) Generation of RINs for renewable CNG/LNG. (i) For biogas or RNG
produced on or before December 31, 2023, biogas closed distribution
system RIN generators must generate RINs for renewable CNG/LNG as
specified in Sec.  80.1426(f)(10) and (11), as applicable.
    (ii) For biogas produced on or after January 1, 2024, biogas closed
distribution system RIN generators must generate RINs for renewable
CNG/LNG as specified in Sec.  80.142.
    (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 January 1, 2024.

Sec.  80.105  Biogas producers.

    (a) General requirements. (1) Any biogas producer that produces
biogas for use to produce RNG, renewable electricity, 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.
    (5) The transfer and batch segregation limits specified in Sec.
80.1476(g) do not apply.
    (b) Registration. The biogas producer must register with EPA under
Sec. Sec.  80.145, 80.1450, and 40 CFR part 1090, subpart I, as
applicable.
    (c) Reporting. The biogas producer must submit reports to EPA under
Sec. Sec.  80.150 and 80.1451, as applicable.
    (d) Recordkeeping. The biogas producer must create and maintain
records under Sec. Sec.  80.155 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
Sec.  80.160.
    (f) Sampling, testing, and measurement. (1)(i) A biogas producer
must continuously measure the volume of biogas, in Btu, prior to
transferring biogas outside of the biogas production facility.
    (ii) A biogas producer must continuously measure the volume of
biogas, in Btu, from each digester subject to Sec.  80.1426(f)(3)(vi)
prior to mixing with any other biogas.
    (iii) A biogas producer with separate digesters at a biogas
production facility that produces biogas qualified to be used to
produce biogas-derived renewable fuel eligible to generate RINs
multiple D codes must continuously measure the volume of biogas, in
Btu, at all the following:
    (A) At the output of each digester.
    (B) As each mixture of biogas from multiple digesters leaves the
facility.
    (iv) A biogas producer must measure total solids and volatile
solids for a representative sample of each cellulosic feedstock for
each digester subject to Sec.  80.1426(f)(3)(vi) at least once per
calendar month.
    (2) All sampling, testing, and measurements must be done in
accordance with Sec.  80.165.
    (g) Foreign biogas producer requirements. A foreign biogas producer
must meet all requirements that apply to a biogas producer under this
part, as well as the additional requirements for foreign biogas
producers specified in Sec.  80.170.
    (h) Attest engagements. The biogas producer must submit annual
attest engagement reports to EPA under Sec. Sec.  80.175 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 Sec.  80.180.

    (j) Batches. (1) A batch of biogas is the total volume of biogas
produced at a biogas production facility under a single batch pathway
for the calendar month, in Btu, as determined under paragraph (j)(3) of
this section.
    (2) 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.).
    (3)(i) The batch volume of biogas for each batch pathway must be
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP30DE22.030

Where:

VBG,p = The batch volume of biogas for batch pathway p,
in Btu.
VBG = The total volume of biogas produced, in Btu, per
paragraph (j)(3)(ii) of this section.
FEp = Sum of feedstock energies from all feedstocks used
to produce biogas under batch pathway p, in Btu, per Sec.
80.1426(f)(3)(vi).
FEtotal = Sum of feedstock energies from all feedstocks
used to produce biogas, in Btu, per Sec.  80.1426(f)(3)(vi).

    (ii) The total volume of biogas produced must be calculated as
follows:

VBG = VG * R

Where:

VBG = The total volume of biogas produced, in Btu.
VG = The total volume of gas produced at the biogas
production facility for the calendar month, in Btu, as measured
under Sec.  80.165.
R = The renewable fraction of the gas produced at the biogas
production facility for the calendar month. For gas produced only
from renewable feedstocks, R is equal to 1. For gas produced from
both renewable and non-renewable feedstocks, R must be measured by a
carbon-14 dating test method, per Sec.  80.1426(f)(9).

    (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) Production of renewable electricity via a biogas closed
distribution system.
    (iii) As a biointermediate via a biogas closed distribution system.
    (iv) Production of RNG.
    (2) For each biogas production facility that produces biogas in a
biogas closed distribution system used to produce renewable
electricity:
    (i) The biogas producer must only supply biogas to a single
renewable electricity generation facility.
    (ii) The biogas producer must not inject biogas into a natural gas
commercial pipeline system.
    (3) 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 to a single renewable fuel production
facility.
    (4) If the biogas producer operates a municipal wastewater
treatment facility digester, the biogas producer must not introduce any
feedstocks into the digester that do not contain at least 75% average
adjusted cellulosic content.

Sec.  80.110  Renewable electricity generators.

    (a) General requirements. (1) Any renewable electricity generator
that produces renewable electricity must comply with the requirements
of this section.
    (2) The renewable electricity generator must also comply with all
other applicable requirements of this part and 40 CFR part 1090.
    (3) If the renewable electricity generator meets the definition of
more than one type of regulated party under this part or 40 CFR part
1090, the renewable electricity generator must comply with the
requirements applicable to each of those types of regulated parties.
    (4) The renewable electricity generator must comply with all
applicable requirements of this part, regardless of whether the
requirements are identified in this section.
    (b) Registration. The renewable electricity generator must register
with EPA under Sec. Sec.  80.145, 80.1450, and 40 CFR part 1090,
subpart I, as applicable.
    (c) Reporting. The renewable electricity generator must submit
reports to EPA under Sec.  80.150.
    (d) Recordkeeping. The renewable electricity generator must create
and maintain records under Sec.  80.155.
    (e) PTDs. On each occasion when the renewable electricity generator
transfers renewable electricity generation data to a RERG, the
transferor must provide to the transferee PTDs under Sec.  80.160.
    (f) Measurement. (1)(i) A renewable electricity generator must
continuously measure the volume of natural gas, in Btu, withdrawn from
the natural gas commercial pipeline system.
    (ii) A renewable electricity generator must continuously measure
the volume of electricity, in kWh, produced at the renewable
electricity generation facility.
    (2) All measurements must be done in accordance with Sec.  80.165.
    (g) Foreign renewable electricity generator requirements. A foreign
renewable electricity generator must meet all requirements that apply
to a renewable electricity generator under this part, as well as the
additional requirements for foreign renewable electricity generators
specified in Sec.  80.170.
    (h) Attest engagements. The renewable electricity generator must
submit annual attest engagement reports to EPA under Sec.  80.175 using
procedures specified in 40 CFR 1090.1800 and 1090.1805.
    (i) QAP. Prior to the generation of Q-RINs for renewable
electricity, the renewable electricity generator must meet all
applicable requirements specified in Sec.  80.180.
    (j) Retirement of RINs for RNG. A renewable electricity generator
that produces renewable electricity from RNG must retire RINs for RNG
as specified in Sec.  80.140.
    (k) Batches. (1) A batch of renewable electricity is the total
volume of renewable electricity produced at a renewable electricity
generation facility under a single batch pathway for the calendar
month, in kWh, as determined under paragraph (k)(3) of this section.
    (2) The renewable electricity generator must assign a number (the
``batch number'') to each batch of renewable electricity 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.).
    (3) The batch volume of renewable electricity for each batch
pathway must be calculated as follows:
    (i) For renewable electricity produced from biogas:
    [GRAPHIC] [TIFF OMITTED] TP30DE22.008

Where:

VRE,p = The batch volume of renewable electricity for
batch pathway p, in kWh.
VRE = The total volume of renewable electricity produced,
in kWh, per paragraph (k)(3)(iii) of this section.
VBG,p = The total volume of biogas used to produce
renewable electricity under

batch pathway p, in Btu, per Sec.  80.105(j)(3)(i).
VBG = The total volume of biogas used to produce
renewable electricity, in Btu, per Sec.  80.105(j)(3)(ii).

    (ii) For renewable electricity produced from RNG:
    [GRAPHIC] [TIFF OMITTED] TP30DE22.009

Where:

VRE,p = The batch volume of renewable electricity for
batch pathway p, in kWh.
VRE = The total volume of renewable electricity produced,
in kWh, per paragraph (k)(3)(iii) of this section.
RINRNG,p = The total number of RINs for RNG that were
retired by the renewable electricity generator corresponding to the
volume of RNG used to produce renewable electricity under batch
pathway p.
RINRNG = The total number of RINs for RNG that were
retired by the renewable electricity generator corresponding to the
volume of RNG used to produce renewable electricity.

    (iii) The total volume of renewable electricity produced must be
calculated as follows:

[GRAPHIC] [TIFF OMITTED] TP30DE22.010

Where:

VRE = The total volume of renewable electricity produced,
in kWh.
VE = The total volume of electricity produced at the
renewable electricity generation facility for the calendar month, in
kWh, as measured under Sec.  80.165.
VEGU = The total volume of electricity used by EGUs at
the renewable electricity generation facility for the calendar
month, in kWh.
FERNG = The total higher heating value of the RNG used to
produce electricity, in Btu. For purposes of this equation,
FER is equal to the number of RINs retired for RNG under
Sec.  80.140(e) for the calendar month multiplied by 85,200 Btu.
FEFS = The total higher heating value of the feedstocks
used to produce electricity, in Btu, as measured under Sec.  80.165.

    (l) Limitations. (1) For each renewable electricity generation
facility, the renewable electricity generator must only produce
renewable electricity from one of the following:
    (i) Biogas in a biogas closed distribution system.
    (ii) RNG.
    (2) For each renewable electricity generation facility, the
renewable electricity generator must only enter into a RIN generation
agreement with a single RERG, except as specified in Sec.
80.135(a)(1)(iii)(B).
    (3) Renewable electricity produced from biogas in a biogas closed
distribution system may only be used for RIN generation if biogas is
the only feedstock used to produce electricity at the renewable
electricity generation facility during that month.

Sec.  80.115  Renewable electricity RIN generators.

    (a) General requirements. (1) Any RERG must comply with the
requirements of this section.
    (2) The RERG must also comply with all other applicable
requirements of this part and 40 CFR part 1090.
    (3) If the RERG meets the definition of more than one type of
regulated party under this part or 40 CFR 1090, the RERG must comply
with the requirements applicable to each of those types of regulated
parties.
    (4) The RERG must comply with all applicable requirements of this
part, regardless of whether they are identified in this section.
    (b) Registration. The RERG must register with EPA under Sec. Sec.
80.145, 80.1450, and 40 CFR part 1090, subpart I, as applicable.
    (c) Reporting. The RERG must submit reports to EPA under Sec. Sec.
80.150, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The RERG must create and maintain records under
Sec. Sec.  80.155 and 80.1454.
    (e) PTDs. On each occasion when the RERG transfers RINs to another
party, the transferor must provide to the transferee PTDs under Sec.
80.1453.
    (f) Foreign RERG requirements. A foreign RERG must meet all
requirements that apply to a RERG under this part, as well as the
additional requirements for foreign RERGs specified in Sec.  80.170.
    (g) Attest engagements. The RERG must submit annual attest
engagement reports to EPA under Sec. Sec.  80.175 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 renewable
electricity, the RERG must meet all applicable requirements specified
in Sec.  80.180.
    (i) Batches. (1) A batch of RINs for renewable electricity is the
total number of RINs generated under Sec.  80.135 for a renewable
electricity generation facility under a single batch pathway for the
quarter.
    (2) The RERG must assign a number (the ``batch number'') to each
batch of RINs as specified in Sec.  80.1425.

Sec.  80.120  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 Sec.
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
Sec. Sec.  80.145, 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
Sec. Sec.  80.150, 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 Sec. Sec.  80.155 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 Sec. Sec.  80.160 and 80.1453, as
applicable.
    (f) Sampling, testing, and measurement. (1)(i) An RNG producer must
continuously measure the volume of RNG, in Btu, 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 continuously measure the
volume of RNG, in Btu, 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 but does not produce RNG must
continuously measure the volume of biogas, in Btu, after such upgrading
has been conducted.
    (2) All sampling, testing, and measurements must be done in
accordance with Sec.  80.165.
    (g) Foreign RNG producer, RNG importer, and foreign biogas closed
distribution system RIN generator requirements. (1)(i) A foreign RNG
producer must meet all requirements that apply to an RNG producer under
this part, as well as the additional requirements for foreign RNG
producers specified in Sec.  80.170.
    (ii) A foreign RNG producer must either generate RINs under Sec.
80.140 or enter into a contract with an RNG importer as specified in
Sec.  80.170(e).
    (2) An RNG importer must meet all requirements that apply to an RNG
importer specified in Sec.  80.170(i).
    (3) A foreign biogas closed distribution system RIN generator must
meet all 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 Sec.  80.170 and for RIN-generating foreign renewable fuel producers
specified in Sec.  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 Sec. Sec.  80.175 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 Sec.  80.180.
    (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, as determined under paragraph (j)(4) of this
section.
    (2) A batch of biogas-derived renewable fuel must comply with the
requirements specified in Sec.  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)(i) The batch volume of RNG for each batch pathway must be
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP30DE22.011

Where:

VRNG,p = The batch volume of RNG for batch pathway p, in
Btu.
VRNG = The total volume of RNG produced, in Btu, per
paragraph (j)(4)(ii) of this section.
FEp = Sum of feedstock energies from all feedstocks used
to produce RNG under batch pathway p, in Btu, per Sec.
80.1426(f)(3)(vi).
FEtotal = Sum of feedstock energies from all feedstocks
used to produce RNG, in Btu, per Sec.  80.1426(f)(3)(vi).

    (ii) The total volume of RNG produced must be calculated as
follows:

VRNG = VNG * R

Where:

VRNG = The total volume of RNG produced, in Btu.
VNG = The total volume of natural gas produced at the RNG
production facility for the calendar month, in Btu, as measured
under Sec.  80.165.
R = The renewable fraction of the natural gas produced at the RNG
production facility for the calendar month. For natural gas produced
only from renewable feedstocks, R is equal to 1. For natural gas
produced from both renewable and non-renewable feedstocks, R must be
measured by a carbon-14 dating test method, per Sec.  80.1426(f)(9).

Sec.  80.125  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. The RNG RIN separator must register with EPA
under Sec. Sec.  80.145, 80.1450, and 40 CFR part 1090, subpart I, as
applicable.
    (c) Reporting. The RNG RIN separator must submit reports to EPA
under Sec. Sec.  80.150, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The RNG RIN separator must create and maintain
records under Sec. Sec.  80.155 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 Sec.  80.1453.
    (f) Measurement. (1) An RNG RIN separator must continuously measure
the volume of natural gas, in Btu, withdrawn from the natural gas
commercial pipeline system.
    (2) All measurements must be done in accordance with Sec.  80.165.
    (g) Attest engagements. The RNG RIN separator must submit annual
attest engagement reports to EPA under Sec. Sec.  80.175 and 80.1464
using procedures specified in 40 CFR 1090.1800 and 1090.1805.

Sec.  80.130  Parties that produce biogas-derived renewable fuel from
biogas used as a biointermediate or RNG used as a feedstock.

    (a) General requirements. (1) Any renewable fuel producer that uses
biogas as a biointermediate or RNG as a feedstock to produce a biogas-
derived renewable fuel 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 Sec.
80.1476(g) do not apply.
    (b) Registration. The renewable fuel producer must register with
EPA under Sec. Sec.  80.145, 80.1450, and 40 CFR part 1090, subpart I,
as applicable.
    (c) Reporting. The renewable fuel producer must submit reports to
EPA under Sec. Sec.  80.150, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The renewable fuel producer must create and
maintain records under Sec. Sec.  80.155 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
Sec. Sec.  80.160 and 80.1453.
    (f) Measurement. (1) A renewable fuel producer must continuously
measure the volume of biogas or natural gas, in Btu, withdrawn from the
natural gas commercial pipeline system, as applicable.
    (2) All measurements must be done in accordance with Sec.  80.165.
    (g) Attest engagements. The renewable fuel producer must submit
annual attest engagement reports to EPA under Sec. Sec.  80.175 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 Sec.  80.180.

Sec.  80.135  RINs for renewable electricity.

    (a) General RIN generation provisions--(1) RIN generation
agreements. (i) Only a RERG may generate RINs for renewable
electricity.
    (ii) A RERG must only generate RINs for renewable electricity
represented by a RIN generation agreement obtained from a registered
renewable electricity generator.
    (iii)(A) Except as specified in paragraph (a)(1)(iii)(B) of this
section, for each renewable electricity generation facility, a
renewable electricity generator must contract the RIN generation
agreement to only one RERG and identify the RERG in the renewable
electricity generator's registration information submitted under Sec.
80.145.
    (B) A renewable electricity generator may only change the
designated RERG for RIN generation agreement for a renewable
electricity generation facility once per calendar year unless EPA, in
its sole discretion, allows the renewable electricity generator to
change the designated RERG more frequently.
    (iv) A RERG may have RIN generation agreements from multiple
renewable electricity generation facilities and from multiple renewable
electricity generators.
    (v) A RERG must not transfer any RIN generation agreement to any
other party.
    (2) RIN generation timing. (i) A RERG must only generate RINs
quarterly.
    (ii) A RERG must generate RINs no later than 30 days after the end
of the quarter for which they are generating the RINs.
    (iii) The generation year for RINs generated for renewable
electricity is the calendar year in which the renewable electricity was
generated.
    (3) Renewable electricity allocation. A RERG may allocate renewable
electricity data for the generation of RINs in any manner as long all
the following conditions are met:
    (i) The total number of RINs generated does not exceed the total
number of RINs determined under paragraph (c)(1) of this section.
    (ii) The number of RINs generated under each batch pathway for a
particular renewable electricity generation facility does not exceed
the number of RINs determined under paragraph (c)(2) of this section.
    (iii) Any unallocated renewable electricity for one quarter may not
be used for RIN generation in another quarter.
    (b) Requirements for renewable electricity from biogas or RNG. (1)
Except as specified in paragraph (b)(2) of this section, RINs for
renewable electricity produced from biogas or RNG may only be generated
if all the following requirements are met:
    (i) The biogas was produced by a biogas producer meeting the
requirements specified in Sec.  80.105, if applicable.
    (ii) The RNG was produced by an RNG producer meeting the
requirements specified in Sec.  80.120, if applicable.
    (iii) The renewable electricity was produced from biogas or RNG by
a renewable electricity generator meeting the requirements specified in
Sec.  80.110.
    (2) A RERG may generate RINs for renewable electricity regardless
of whether the renewable electricity generator, biogas producer, or
both have had their registration(s) accepted under Sec.  80.145 if all
the following requirements are met:
    (i) The renewable electricity generator and biogas producer each
submitted a registration request under Sec.  80.145 with a third-party
engineering review report to EPA on or before December 31, 2023.
    (ii) Neither the biogas producer nor renewable electricity
generator substantially alters their facilities after the third-party
engineering review site visit.
    (iii) The biogas was produced after the third-party engineering
review site visit.
    (iv) The renewable electricity generator entered into a RIN
generation agreement with the RERG on or before December 31, 2023.
    (v) The renewable electricity was produced between January 1, 2024,
and April 30, 2024.
    (vi) The biogas producer, renewable electricity generator, and RERG
meet all applicable requirements under this subpart for the biogas,
renewable electricity, and RINs.
    (vii) EPA accepts the registrations for the biogas producer and
renewable electricity generator on or before April 30, 2024.
    (c) RIN generation equations. (1) The total number of RINs a RERG
is eligible to generate for each quarter must be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP30DE22.012

Where:

eRINQ = The total number of RINs the RERG is eligible to
generate for quarter Q.
MIN = A minimization function that takes the lesser of the two
subsequent values in parentheses.
ELFLEET,Q = The total volume of electricity that was used
by the RERG's fleet for quarter Q, in kWh, per paragraph (c)(1)(i)
of this section.
ELPRO,Q = The total volume of renewable electricity
eligible for RIN generation produced by all renewable electricity
generation facilities for which the RERG has obtained RIN generation
agreements for quarter Q, in kWh, per paragraph (c)(1)(ii) of this
section.
EqVRE = The equivalence value for renewable electricity,
in kWh per RIN, per Sec.  80.1415(b)(6).

    (i) Calculating RINs using the RERG's fleet. The total volume of
electricity that was used in the RERG's fleet for each quarter must be
calculated as follows:

[GRAPHIC] [TIFF OMITTED] TP30DE22.013

Where:

ELFLEET,Q = The total volume of electricity that was used
in the RERG's fleet for quarter Q, in kWh.
PHEVQ = The number of PHEVs in the RERG's fleet for
quarter Q, as reported to EPA under Sec.  80.150.
eVMTPHEV = The estimated annual distance traveled in the
all-electric mode of an average PHEV in the RERG's fleet, in miles
per year, per paragraph (c)(1)(i)(A) of this section.
FEPHEV = The vehicle fuel economy for an average PHEV, in
kWh per mile. For purposes of this equation, FEPHEV is
equal to 0.32.
EVQ = The number of EVs in the RERG's fleet for quarter
Q, as reported to EPA under Sec.  80.150.
eVMTEV = The estimated annual distance traveled for an
average EV, in miles per year. For purposes of this equation,
eVMTEV is equal to 7,200.
FEEV = The vehicle fuel economy for an average EV, in kWh
per mile. For purposes of this equation, FEEV is equal to
0.32.
QPY = The number of quarters per year. For purposes of this
equation, QPY is equal to 4.

    (A) The estimated annual distance traveled in the all-electric mode
of an average PHEV in the RERG's fleet must be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP30DE22.014

Where:

eVMTPHEV = The estimated annual distance traveled in the
all-electric mode of an average PHEV in the RERG's fleet, in miles
per year.
VMTPHEV = The estimated annual distance traveled for an
average PHEV, in miles per year. For purposes of this equation,
VMTPHEV equals 11,500.
nP = The number of PHEV groups with distinct make, model, model
year, and trim in the RERG's fleet, as reported to EPA under Sec.
80.150.
ni,Q = The number of PHEVs of a particular make, model,
model year, and trim in the RERG's fleet designated with i (the
``particular PHEV'') for quarter Q, as reported to EPA under Sec.
80.150.
UFi = The utilization factor of the particular PHEV, per
paragraph (c)(1)(i)(B) of this section.

    (B) The utilization factor of a particular PHEV must be calculated
as follows:
    (1) Determine the all-electric range of the PHEV as specified in 40
CFR 600.210-12(a)(4).
    (2)(i) If the all-electric range of the PHEV is less than or equal
to 10 miles, then UFi equals 0.
    (ii) If the all-electric range of the PHEV is greater than or equal
to 100 miles, then UFi equals 0.867.
    (iii) If the all-electric range of the PHEV is greater than 10
miles and less than 100 miles, then UFi must be calculated
as follows:

UFi = 0.379 * ln(REV,i)-0.878

Where:

UFi = The utilization factor of the PHEV.
REV,i = The all-electric range of the PHEV, in miles, per
40 CFR 600.210-12(a)(4).

    (ii) Calculating RINs using quarterly renewable electricity
produced. The volume of renewable electricity eligible for RIN
generation produced by each renewable electricity generation facility
for which the RERG has obtained a RIN generation agreement for each
batch pathway for each quarter must be calculated as follows:

ELPRO,Q,i,p = PROQ,i,p * (1-LossLINE) * CE

Where:

ELPRO,Q,i,p = The volume of renewable electricity
eligible for RIN generation produced by renewable electricity
generation facility i for batch pathway p for quarter Q, in kWh.
PROQ,i,p = The volume of renewable electricity produced
by renewable electricity generation facility i for batch pathway p
for quarter Q, in kWh.
LossLINE = The assumed fraction of renewable electricity
loss from the transmission of the renewable electricity expressed as
a proportion. For purposes of this equation, LossLINE
equals 0.053.
CE = The assumed fraction of renewable electricity retained during
the charging of the EV or PHEV expressed as a proportion. For
purposes of this equation, CE equals 0.85.

    (2) For each quarter, the maximum number of RINs a RERG is eligible
to generate under each batch pathway for a particular renewable
electricity facility must be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TP30DE22.015

Where:

eRINmax,Q,i,p = The maximum number of RINs that a RERG is
eligible to generate under batch pathway p for renewable electricity
facility i for quarter Q.
EqVRE = The equivalence value for renewable electricity,
in kWh per RIN, per Sec.  80.1415(b)(6).
ELPRO,Q,i,p = The volume of renewable electricity
eligible for RIN generation produced by renewable electricity
generation facility i for batch pathway p for quarter Q, in kWh, per
paragraph (c)(1)(ii) of this section.

    (d) RIN separation. A RERG must separate RINs generated for
renewable electricity under Sec.  80.1429(b)(5)(i).
    (e) RIN retirement. A party must retire RINs generated for
renewable electricity if any of the conditions specified in Sec.
80.1434(a) apply and must comply with Sec.  80.1434(b).

Sec.  80.140  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) RINs for RNG must be transacted as specified in Sec.  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 Sec.
80.145.
    (3) RNG producers must generate RINs using the applicable
requirements for RIN generation in Sec.  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
Sec.  80.165 to determine the heating value of RNG for the generation
of RINs.
    (6) The number of RINs generated for a batch of RNG under each
batch pathway must be calculated as follows:

[GRAPHIC] [TIFF OMITTED] TP30DE22.016

Where:

RINRNG,p = The number of RINs generated for an RNG batch
under batch pathway p, in gallon-RINs.
VRNG,p = The batch volume of RNG for batch pathway p, in
Btu, per Sec.  80.120(j)(4)(i).
EqVRNG = The equivalence value for RNG, in Btu per RIN,
per Sec.  80.1415(b)(5).

    (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
Sec.  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, must not be greater than the lesser of the
total loading or unloading volume measurement for the month, in Btu, as
required under Sec.  80.165(a)(1).
    (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) No party may assign any other RIN to a volume of RNG except as
specified in paragraph (c)(1) of this section.
    (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) A party must only separate a RIN from RNG
if all the following requirements are met:
    (i) The party withdrew the RNG from the natural gas commercial
pipeline system.
    (ii) The party produced or oversaw the production of the renewable
CNG/LNG from the RNG.
    (iii) The party measured the volume of RNG used to produce the
renewable CNG/LNG using the procedures specified in Sec.  80.165.
    (iv) The party has the following documentation demonstrating that
the volume of renewable CNG/LNG was used as transportation fuel:
    (A) If the party 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 party is relying on documentation from a downstream
party, all the following:
    (1) A written contract with the downstream party for the sale or
use of the renewable CNG/LNG as transportation fuel.
    (2) Records from the downstream party demonstrating the date,
location, and volume of renewable CNG/LNG sold or used as
transportation fuel.
    (3) An affidavit from the downstream party confirming that the
volume of renewable CNG/LNG was used as transportation fuel and for no
other purpose.
    (v) The volume of RNG was only used to produce renewable CNG/LNG
that is used as transportation fuel and for no other purpose.
    (vi) No other party used the information in paragraphs (d)(1)(i)
through (v) of this section to separate RINs for the RNG.
    (2) An obligated party must not separate RINs for RNG under Sec.
80.1429(b)(1) unless the obligated party meets the requirements in
paragraph (d)(1) of this section.
    (3) A party must only separate a number of RINs equal to the total
volume of RNG (where the Btu are converted to gallon-RINs using the
conversion specified in Sec.  80.1415(b)(5)) that the party
demonstrates are used as renewable CNG/LNG under paragraph (d)(1) of
this section.
    (e) RIN retirement. (1) A party must retire RINs generated for RNG
if any of the conditions specified in Sec.  80.1434(a) apply and must
comply with Sec.  80.1434(b).
    (2) 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 would expire under Sec.  80.1428(c) and must
retire the expired, assigned RINs by March 31 of the subsequent year.
For example, if an RNG producer assigns RINs for RNG in 2024, the RINs
expire if they are not separated under paragraph (d) of this section by
December 31, 2025, and must be retired by March 31, 2026.
    (3) Any party that uses RNG as a feedstock or as process heat under
Sec.  80.1426(f)(12) or (13) must retire any assigned RINs for the
volume of RNG within 5 business days of such use of the RNG.

Sec.  80.142  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) RINs must be transacted as specified in Sec.  80.1452.
    (b) RIN generation. (1) Renewable CNG/LNG producers must generate
RINs using the applicable requirements for RIN generation in Sec.
80.1426.
    (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
Sec.  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 Sec.  80.1434(a) apply and must comply with
Sec.  80.1434(b).

Sec.  80.145  Registration.

    (a) Applicability. The following parties must register using the
procedures specified in this section, Sec.  80.1450, and 40 CFR
1090.800:
    (1) Biogas producers.
    (2) Renewable electricity generators.
    (3) RERGs.
    (4) RNG producers.
    (5) Biogas closed distribution system RIN generators.
    (6) RNG RIN separators.
    (7) Renewable fuel producers using biogas as a biointermediate or
RNG as a feedstock.
    (b) General registration requirements--(1) New registrants. (i)
Except as allowed under Sec.  80.135(b)(2), 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. Parties registered to
produce renewable CNG/LNG under an approved pathway before the
effective date in Sec.  80.100(d)(1) are deemed registered under this
subpart E, except as follows:

    (i) If the information in the existing registration is incorrect,
the party must update their registration as specified in Sec.
80.1450(d).
    (ii) If the information in the existing registration does not meet
all the requirements in Sec.  80.145(f), then the party must update
their registration to meet all requirements in Sec.  80.145(f) by
November 1, 2024.
    (iii)(A) Except as specified in paragraph (b)(2)(iii)(B) of this
section, the party's three-year engineering review updates must include
all of the information required in paragraphs (c) through (h) of this
section, as applicable.
    (B) A biogas closed distribution system RIN generator does not need
to submit an updated engineering review for any facility in the biogas
closed distribution system as specified in Sec.  80.1450(d)(1) before
the next three-year engineering review update is due as specified in
Sec.  80.1450(d)(3).
    (3) Engineering reviews. (i) A biogas producer, renewable
electricity generator, or RNG producer under paragraph (c), (d), or (f)
of this section, respectively, must undergo all the following:
    (A) A third-party engineering review as specified in Sec.
80.1450(b)(2).
    (B) A three-year engineering review update as specified in Sec.
80.1450(d)(3).
    (ii) Third-party engineering reviews 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 Sec.  80.1450(b).
    (4) Registration updates. (i) Except as specified in Sec.
80.1450(d)(2), 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 Sec.  80.1450(d)(1) or
(2), as applicable.
    (C) A change of ownership is submitted under 40 CFR 1090.820.
    (ii) Information specified in paragraphs (d)(4)(ii) and (i) of this
section must be updated according to the schedule specified in Sec.
80.1450(d)(3).
    (5) Registration deactivations. EPA may deactivate the registration
of a party registered under this section as specified in Sec.
80.1450(h), 40 CFR 1090.810, or 40 CFR 1090.815, as applicable.
    (c) Biogas producer. In addition to the information required under
paragraphs (b) and (i) of this section, a biogas producer must submit
all the following information for each biogas production facility:
    (1) All applicable company and facility information under 40 CFR
1090.805.
    (2) Information to establish the biogas production capacity for the
biogas production facility, in Btu, including 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
biogas production facility, if available.
    (ii) Documents demonstrating the biogas production facility's
nameplate capacity.
    (iii) Information describing the biogas production facility's
electricity production for each of the last three calendar years prior
to the registration submission, if available.
    (3) A description of how the biogas will be used (e.g., RNG,
renewable CNG/LNG, or renewable electricity).
    (4) Information related to biogas measurement as follows:
    (i) A description of how biogas will be measured under Sec.
80.165(a), including the specific standards that the meters are
operated under.
    (ii) A description of the biogas production process, including a
process flow diagram that includes metering type(s) and location(s).
    (iii) If the biogas producer is unable to continuously measure
biogas, the biogas producer may request the approval by EPA of an
alternative sampling protocol as long as the biogas producer
demonstrates that the alternative sampling protocol properly measures
the heating value of the biogas, as applicable.
    (5) 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 the physical process from biogas
production to dispensing of renewable CNG/LNG as transportation fuel,
including major equipment (e.g., tanks, pipelines, flares, separation
equipment, compressors, and dispensing infrastructure).
    (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 that is expected to use the
CNG/LNG as transportation fuel.
    (6) For biogas in a biogas closed distribution system used to
produce renewable electricity, all the following additional
information:
    (i) Identifying information for the renewable electricity generator
that the biogas producer will supply.
    (ii) A process flow diagram of the physical process from biogas
production to entering the renewable electricity generation facility,
including major equipment (e.g., feedstock retrieval, tanks, pipelines,
flares, separation equipment, and compressors).
    (iii) A description of the physical process from biogas production
to entering the renewable electricity generation facility, including
the biogas closed distribution system and explaining how the biogas is
introduced into a biogas closed distribution system connected to the
renewable electricity generation facility.
    (7) For biogas used as a biointermediate, all the following
additional information:
    (i) All information specified in Sec.  80.1450(b)(1)(ii)(B).
    (ii) [Reserved]
    (8) 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.
    (9) For biogas produced in an agricultural digester, all the
following information:
    (i) A separated yard waste plan specified in Sec.
80.1450(b)(1)(vii)(A), as applicable.
    (ii) Crop residue information specified in Sec.  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).
    (10) For biogas produced in a municipal wastewater treatment plant
digester, all the following information:
    (i) 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).

    (ii) [Reserved]
    (11) For biogas produced in a separated MSW digester, all the
following information:
    (i) Separated MSW plan specified in Sec.  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).
    (12) For biogas produced in other waste digesters, all the
following information:
    (i) A separated MSW plan specified in Sec.  80.1450(b)(1)(viii), as
applicable.
    (ii) A separated yard waste plan specified in Sec.
80.1450(b)(1)(vii)(A), as applicable.
    (iii) Crop residues information specified in Sec.
80.1450(b)(1)(xv), as applicable.
    (iv) A separated food waste plan or biogenic waste oils/fats/
greases plan specified in Sec.  80.1450(b)(1)(vii)(B), as applicable.
    (v) If the waste digester simultaneously converts cellulosic and
non-cellulosic feedstocks, registration information specified in Sec.
80.1450(b)(1)(xiii)(C).
    (vi) 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).
    (d) Renewable electricity generator. In addition to the information
required under paragraphs (b) and (i) of this section, a renewable
electricity generator must submit all the following information for
each renewable electricity generation facility:
    (1) All applicable company and facility information under 40 CFR
1090.805.
    (2) A description whether the renewable electricity generation
facility will be using biogas or RNG to generate renewable electricity
and, if using biogas, a description of their relationship to each
biogas producer.
    (3) Information to establish the renewable electricity generation
facility's renewable electricity generation capacity, including all 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
renewable electricity generation facility, if available.
    (ii) Documents demonstrating the renewable electricity generation
facility's nameplate capacity.
    (iii) Information describing the renewable electricity generation
facility's electricity production for each of the last three calendar
years prior to the registration submission, if available.
    (iv) The construction date of the renewable electricity generation
facility.
    (4) Information related to each the renewable electricity
generation facility's design, as follows:
    (i) A diagram of the physical layout of the renewable electricity
generation facility that identifies and assigns a unique identifier for
each EGU and shows all connections to the biogas production facility
and the conterminous electricity distribution system.
    (ii) A description of the type, rating, electricity production
capacity, manufacturer, and electrical consumption capacity of each EGU
at the renewable electricity generation facility.
    (iii) A description, including any applicable equations, that
identifies the measurement locations on the diagram specified in
paragraph (d)(4)(i) of the section and identifies other documentation
that will be used to determine the volume, in kWh, and D code
eligibility of renewable electricity.
    (iv) A demonstration that the renewable electricity generation
facility has installed measurement capabilities that meet the
requirements of Sec.  80.165(c), as applicable.
    (5) Identification of the RERG that the renewable electricity
generator has a RIN generation agreement as specified in Sec.  80.135,
if available.
    (6) The information specified in paragraph (i) of this section.
    (e) RERG. In addition to the information required under paragraph
(b) of this section, a RERG must submit all the following information:
    (1) All applicable company information under 40 CFR 1090.805.
    (2) A description of the qualifying pathways.
    (3) A description of the RERG's fleet by make, model, model year,
and trim, representing the fleet at the time of registration, including
all the following information for each vehicle:
    (i) Whether the vehicle is an EV or PHEV.
    (ii) For PHEVs, the all-electric range of the vehicle, in miles, as
determined under Sec.  80.135(c)(1)(i)(B)(1).
    (iii) The total number of vehicles registered in a state in the
covered location (excluding Hawaii).
    (4) A description of the relationship to each renewable electricity
generator from which the RERG has a RIN generation agreement under
Sec.  80.135(a)(1).
    (f) RNG producer. In addition to the information required under
paragraphs (b) and (i) of this section, an RNG producer must submit all
the following information for each RNG production facility:
    (1) All applicable company and facility information under 40 CFR
1090.805.
    (2) All applicable information in Sec.  80.1450(b)(5)(ii).
    (3) Annual volume totals of the RNG produced, in Btu, at the RNG
production facility for each of the last three calendar years.
    (4) The natural gas commercial pipeline system name, location, and
pipeline interconnect specifications into which the RNG will be
injected.
    (5) Information related to biogas and RNG measurement, as follows:
    (i) A description of how biogas and RNG will be continuously
measured.
    (ii) Metering type(s) and location(s) must be included as part of
the process flow diagram submitted under Sec.  80.1450(b)(1)(i).
    (iii) If the RNG producer is unable to continuously measure biogas,
the RNG producer may request the approval by EPA of an alternative
sampling protocol as long as the RNG producer demonstrates that the
alternative sampling protocol properly measures the heating value of
the biogas or RNG, as applicable.
    (6) For RNG, information related to the RNG quality, including all
the following:
    (i) 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).
    (ii) Documentation of any waiver provided by the natural gas
commercial pipeline system for any parameter of the RNG that does not
meet the pipeline specifications.
    (iii) A certificate of analysis from an independent laboratory for
a representative sample of the raw biogas produced at the biogas
production facility as specified in Sec.  80.165(b)(1).
    (iv) A certificate of analysis from an independent laboratory for a
representative sample of the RNG as specified in Sec.  80.165(b)(1).
    (v) If the RNG is blended with non-renewable natural gas 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 natural gas as specified in Sec.
80.165(b)(1).
    (vi) A summary table with the results of the certificates of
analysis under paragraphs (f)(4)(iii) through (v) of this section and
the pipeline specifications under paragraph (f)(4)(i) of this section
converted to the same units.
    (vii) Certificates of analysis, including the major and minor gas
components specified in Sec.  80.165(b)(1).
    (viii) EPA may approve an RNG producer's request of an alternative
analysis in lieu of the certificates of analysis required under
paragraphs (f)(4)(iii) through (v) 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 parameters required by the pipeline
specification.
    (ix) A sampling protocol meeting the requirements in Sec.
80.165(b)(1) that accurately represents the average composition of the
biogas.
    (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 Sec.  80.140(b)(7).
    (9) For a foreign RNG producer, all the following additional
information:
    (i) The applicable information specified in Sec.  80.170.
    (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
Sec.  80.170(e).
    (g) RNG RIN separator. In addition to the information required
under paragraph (b) of this section, an RNG RIN separator must submit
all the following information:
    (1) Information specified in 40 CFR 1090.805.
    (2) An initial 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.
    (3) Description of process and equipment used to compress RNG into
renewable CNG/LNG.
    (h) Renewable fuel producer using biogas as a biointermediate or
RNG as a feedstock. In addition to the information required under
paragraph (b) of this section, a renewable fuel producer using biogas
as a biointermediate or RNG as a feedstock must submit all the
following:
    (1) All applicable information in Sec.  80.1450(b).
    (2) For biogas, documentation demonstrating a direct connection
between the biogas producer and the renewable fuel production facility.
    (i) Emissions-related information. (1) The following parties must
submit all the information specified in paragraph (i)(2) of this
section for each pollutant specified in paragraph (i)(3) of this
section, if available.
    (i) Biogas producers, for each landfill or digester at the biogas
production facility.
    (ii) Renewable electricity generators, for each EGU at the
renewable electricity generation facility.
    (iii) RNG producers, for each RNG production facility.
    (2)(i) The annual emission rate of each pollutant and a description
of how the emission rate was measured or determined.
    (ii) The regulatory level (e.g., federal, state, local) and
citation of the most stringent emission standard for each pollutant.
    (iii) The emission rate or emission reduction specified by the most
stringent emission standard for each pollutant.
    (iv) Copies of National Pollutant Discharge Elimination System
Forms 2A, 2B, and 2C.
    (3)(i) Air pollutants. (A) Carbon dioxide.
    (B) Carbon monoxide.
    (C) Methane.
    (D) Nitrous oxides.
    (E) PM2.5.
    (F) PM10.
    (G) Sulfur dioxide.
    (ii) Water pollutants. (A) Solid effluent.
    (B) Liquid effluent.
    (C) All pollutants that the party is required to monitor under any
National Pollutant Discharge Elimination System permit.

Sec.  80.150  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 Sec.  80.1451(f)(4).
    (ii) Quarterly reports must be submitted by the applicable
quarterly deadline in Sec.  80.1451(f)(2).
    (iii) Annual reports must be submitted by the applicable annual
deadline in Sec.  80.1451(f)(1).
    (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 designated use of the biogas (e.g., biointermediate,
renewable electricity, renewable CNG/LNG, or RNG).
    (5) The volume of the batch supplied to the downstream party, in
Btu and scf, as measured under Sec.  80.165(a).
    (6) The associated pathway information, including D code,
production process, and feedstock information.
    (7) The EPA-issued company and facility IDs for the RNG producer,
renewable electricity generator, biogas closed distribution system RIN
generator, or renewable fuel producer that received the batch of the
biogas.
    (c) Renewable electricity generators. A renewable electricity
generator must submit monthly reports to EPA containing all the
following information for each batch of renewable electricity:
    (1) Batch number.
    (2) Production date (end date of the calendar month).
    (3) Description of each batch or portion of a batch of biogas used
to

produce the batch of renewable electricity batch, including all the
following information:
    (i) The biogas batch number.
    (ii) The EPA-issued company and facility IDs for the biogas
producer that produced the biogas.
    (iii) The volume of biogas used as feedstock, in Btu, as measured
under Sec.  80.165(a).
    (iv) The associated D code of the biogas.
    (v) The verification status of the biogas.
    (vi) The date or period that the biogas was transferred.
    (4) Description of each batch or portion of a batch of RNG used to
produce the batch of renewable electricity batch, including all the
following information:
    (i) The RNG batch number.
    (ii) The EPA-issued company and facility IDs for the RNG producer
that produced the RNG.
    (iii) The volume of natural gas used as feedstock, in Btu, as
measured under Sec.  80.165(a).
    (iv) The number of RINs retired for the RNG under Sec.  80.140(e).
    (v) The associated D code of the RNG.
    (vi) The verification status of the RNG.
    (vii) The date or period that the RNG was transferred.
    (5) Total volume of electricity, in kWh, produced at the renewable
electricity generation facility.
    (6) Total volume of electricity, in kWh, used by EGUs at the
renewable electricity generation facility.
    (7) The EPA-issued company and facility IDs for each RERG that
received the renewable electricity data representing the batch.
    (8) Total volume of renewable electricity, in kWh, described in the
renewable electricity data transferred to each RERG.
    (d) RERGs. A RERG must submit quarterly reports to EPA containing
all the following information:
    (1) Volume of renewable electricity, in kWh, used to generate RINs
for renewable electricity, including all the following information:
    (i) The EPA-issued company and facility IDs for each renewable
electricity generator and each renewable electricity generation
facility.
    (ii) For each renewable electricity generation facility, the volume
of renewable electricity, in kWh, used to generate RINs for renewable
electricity by D code and verification status.
    (2) For quarterly RIN generation, a description of the RERG's fleet
by make, model, model year, and trim, representing the fleet at the
start of the quarter, including all the following information for each
vehicle:
    (i) Whether each vehicle is an EV or PHEV.
    (ii) For PHEVs, the all-electric range of the vehicle, in miles, as
determined under Sec.  80.135(c)(1)(i)(B)(1).
    (iii) The total number of vehicles registered in a state in the
covered location (excluding Hawaii).
    (3) For future adjustment of the RIN generation parameters, a
description of the RERG's fleet by make, model, model year, and trim,
representing the fleet at the start of the quarter, including all the
following information for each vehicle for which the OEM received
vehicle telematic data during the quarter:
    (i) The total number of vehicles registered in a state in the
covered location (excluding Hawaii).
    (ii) Vehicle fuel economy, in kWh per mile.
    (iii) Charging efficiency, as a percentage.
    (iv) One of the following:
    (A) eVMT, in average all-electric miles per vehicle.
    (B) Average quarterly charging information, in kWh.
    (4) All applicable information in Sec.  80.1451(b)(1)(ii), (2), and
(3).
    (e) 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, produced and injected into the
natural gas commercial pipeline system as measured under Sec.  80.165.
    (ii) [Reserved]
    (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 volume of the batch, in Btu and scf, as measured under
Sec.  80.165(a).
    (v) The associated pathway information, including D code,
production process, and feedstock information.
    (vi) The EPA-issued company and facility IDs for the RNG importer
that will generate RINs for the batch.
    (f) Biogas closed distribution system RIN generators. A biogas
closed distribution system RIN generator must submit quarterly reports
to EPA containing all the following information:
    (1) The type and volume of biogas-derived renewable fuel, in Btu,
produced from biogas.
    (2) The total volume of biogas, in Btu, used to produce the biogas-
derived renewable fuel as measured under Sec.  80.165.
    (3) The name(s) and location(s) of where the biogas-derived
renewable fuel is used or sold for use as transportation fuel.
    (4) The volume of biogas-derived renewable fuel, in Btu, used at
each location where the biogas-derived renewable fuel is used or sold
for use as transportation fuel.
    (5) All applicable information in Sec.  80.1451(b).
    (g) RNG RIN separators. An RNG RIN separator must submit quarterly
reports to EPA containing all the following information:
    (1) Name and location of the natural gas commercial pipeline system
where the RNG was withdrawn.
    (2) Volume of RNG, in Btu, withdrawn from the natural gas
commercial pipeline system during the reporting period by location.
    (3) Volume of renewable CNG/LNG, in Btu, produced during the
reporting period.
    (4) The locations where renewable CNG/LNG was dispensed as
transportation fuel.
    (5) The volume of renewable CNG/LNG, in Btu, dispensed as
transportation fuel at each location.
    (h) Retirement of RINs for RNG. A party that retires RINs for RNG
used as a feedstock 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, 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 to produce renewable electricity or as a
feedstock.
    (4) For each facility, the volume of renewable electricity, in kWh,
or biogas-derived renewable fuel, in Btu, produced from the withdrawn
RNG.
    (5) The number of RINs for RNG retired during the reporting period
by D code and verification status.

Sec.  80.155  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 Sec. Sec.  80.150, 80.175, 80.1451, and
80.1452 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
Sec. Sec.  80.145, 80.170, and 80.1450 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 Sec. Sec.
80.160 and 80.1453.
    (iv) Subpart M records. Any applicable record required under Sec.
80.1454.
    (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, testing, and measurement results relied upon
under Sec.  80.165, including any results and maintenance 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 related to potentially
invalid RINs under Sec.  80.195.
    (ix) Foreign parties. Any records related to foreign parties under
Sec.  80.170.
    (2) Length of time records must be kept. The records required under
this section and Sec.  80.160 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 renewable electricity
generator, RNG producer, or renewable fuel producer.
    (2) Documents supporting the volume of biogas, in Btu and scf,
produced for each batch.
    (3) Documents supporting the composition and cleanup of biogas
produced for each batch.
    (4) Documentation supporting the use of each process heat source
and supporting the amount of each source used in the production process
for each batch.
    (5) In addition to any applicable recordkeeping requirement for the
use of renewable biomass to produce biogas under Sec.  80.1454,
information and documentation showing that the biogas came from
renewable biomass.
    (i) 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.
    (ii) For municipal wastewater treatment 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.
    (iii) For biogas produced from separated yard waste, separated food
waste, or biogenic waste oils/fats/greases, documents required under
Sec.  80.1454(j)(1).
    (iv) For biogas produced from separated municipal solid waste,
documents required under Sec.  80.1454(j)(2).
    (6) For biogas produced in digesters simultaneously converting
cellulosic and non-cellulosic feedstock, all the following:
    (i) Documents for each delivery of feedstock to the biogas
production facility, demonstrating the mass of each feedstock
delivered, type of feedstock delivered, and name of feedstock supplier.
    (ii) Process operational data for the types of data specified at
registration under Sec.  80.1450(b)(1)(xiii)(C)(4) or (5), as
applicable.
    (iii) Documents for each batch demonstrating volatile solids and
total solids measurements of feedstocks.
    (7) Copies of all records and notifications related to the
identification of potentially inaccurate or non-qualifying biogas
volumes under Sec.  80.195(b).
    (c) Renewable electricity generators. In addition to the records
required under paragraph (a) of this section, a renewable electricity
generator must keep all the following records:
    (1) Contracts, PTDs, affidavits required under this part, and all
other commercial documents with any biogas producer, RNG producer, RIN
owner, or RERG, as applicable.
    (2) Documents supporting the volume of biogas or natural gas
(including both RNG and non-renewable natural gas), in Btu and scf,
used to produce electricity in monthly increments received from any
source.
    (3) Documents supporting the monthly volume of electricity, in kWh,
produced from biogas or natural gas (including both RNG and non-
renewable natural gas).
    (4) Documents supporting the process heat source for production
process and the amount of each source used in the production process in
a given month.
    (5) Records related to continuous measurement, including types of
equipment used, metering process, maintenance and calibration records,
and documents supporting adjustments related to error correction.
    (6) Documents supporting the volume of electricity, in kWh, used by
EGUs at the renewable electricity generation facility.
    (7) Documents supporting RIN retirements for RNG used to produce
renewable electricity.
    (8) Information and documents supporting that the renewable
electricity was produced from biogas or RNG.
    (9) Information and documents related to participation in any QAP
program, including contracts between the renewable electricity
generator and the QAP provider, records related to verification
activities under the QAP, and copies of any QAP-related submissions.
    (10) Copies of any applicable air permits over the past 5 years
issued by EPA, a state, a local air pollution control agency, or a
foreign governmental agency that governs the renewable electricity
generation facility.
    (d) RERGs. In addition to the records required under paragraph (a)
of this section, a RERG 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 the renewable
electricity.
    (iv) Documents demonstrating the make, model, model year, and trim
of all

vehicles in the RERG's fleet included in RIN generation under Sec.
80.135.
    (v) Documentation of any calculation relied upon for RIN
generation.
    (vi) Documentation describing how the RERG allocated renewable
electricity used to generate RINs by facility, D code, and verification
status.
    (vii) Contracts, PTDs, affidavits, agreements required under this
part, and all other commercial documents with any renewable electricity
generator.
    (viii) Copies of renewable electricity data received from any
renewable electricity generator.
    (2) All documents specified in Sec.  80.1454(b), as applicable.
    (3) Information and documentation related to participation in any
QAP program, including contracts between the RERG and the QAP provider,
records related to verification activities under the QAP, and copies of
any QAP-related submissions.
    (4) All documents supporting the values used in the calculations in
Sec.  80.135(c)(1)(i).
    (e) 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 raw biogas, in Btu and scf, respectively, received at
each RNG production facility.
    (vi) Volume of RNG, in Btu and scf, produced at each RNG production
facility.
    (vii) Pipeline injection statements describing the volume of RNG,
in Btu and scf, 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) Process heat source for production process.
    (7) Records related to continuous measurement, including types of
equipment used, metering process, maintenance and calibration records,
and documents supporting adjustments related to error correction.
    (8) 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.
    (9) 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 Sec.
80.140(b)(7).
    (10) Summaries comparing raw biogas to treated biogas, including
from certificates of analysis from independent laboratories and from
meters on site.
    (11) Documents supporting the amount of methane and other gases
released into the atmosphere at the facility.
    (f) 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.
    (g) 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, withdrawn
from the natural gas commercial distribution system.
    (2) Documentation demonstrating that RNG withdrawn from the natural
gas commercial distribution system was used to produce renewable CNG/
LNG.
    (3) Documentation indicating the volume of renewable CNG/LNG, in
Btu, dispensed as transportation fuel from each dispensing location.
    (4) Copies of all documentation required under Sec.
80.140(d)(1)(iv), as applicable.
    (h) 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) Documentation supporting the volume of biogas, in Btu and scf,
that was used as a biointermediate from each biointermediate production
facility.
    (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, withdrawn
from the natural gas commercial distribution system.
    (ii) Documentation supporting the retirement of RINs for RNG used
as a feedstock (e.g., contracts, purchase orders, invoices).
    (j) RNG importers and non-RIN generating foreign RNG producers. In
addition to the records required under paragraph (a) of this section,
an RNG importer or non-RIN generating foreign RNG producer must keep
all the following records:
    (1) Copies of all reports submitted under Sec.  80.170(i)(2).
    (2) [Reserved]

Sec.  80.160  Product transfer documents.

    (a) General requirements--(1) PTD contents. On each occasion when
any person transfers title of any biogas, renewable electricity data,
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 for biogas and RNG and kWh for renewable
electricity data) 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 Sec.  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 Sec.  80.1453(f).
    (3) One of the following statements, as applicable:
    (i) For biogas designated for use as renewable electricity, ``This
volume of biogas is designated and intended for use to produce
renewable electricity.''
    (ii) 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.''
    (iii) For biogas designated for use to produce RNG, ``This volume
of biogas is designated and intended for use to produce renewable
natural gas.''
    (iv) For biogas designated for use as a biointermediate, the
applicable language found at Sec.  80.1453(f)(1)(vi).
    (v) For biogas designated for use as process heat under Sec.
80.1426(f)(12), ``This volume of biogas is designated and intended for
use as process heat.''
    (c) PTD requirements for custodial transfers of RNG. Whenever
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)(1) 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. Whenever custody 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)(1) 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 Sec.  80.170(e).
    (4) The name, EPA-issued company and facility IDs, and address of
the transferee.

Sec.  80.165  Sampling, testing, and measurement.

    (a) Biogas and RNG continuous measurement. Any party required to
continuously measure the volume of biogas or RNG under this subpart
must use all the following:
    (1) In-line GC meters compliant with ASTM D7164 (incorporated by
reference, see Sec.  80.3), 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 Sec.  80.3).
    (ii) API MPMS 14.12 (incorporated by reference, see Sec.  80.3).
    (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 Sec.  80.3).
    (2) Perform all the following measurements on each representative
sample:
    (i) Methane, carbon dioxide, nitrogen, and oxygen using EPA Method
3C.
    (ii) Hydrogen sulfide and total sulfur using ASTM D5504
(incorporated by reference, see Sec.  80.3).
    (iii) Siloxanes using ASTM D8230 (incorporated by reference, see
Sec.  80.3).
    (iv) Moisture using ASTM D4888 (incorporated by reference, see
Sec.  80.3).
    (v) Hydrocarbon analysis using EPA Method 18.
    (vi) Heating value and relative density using ASTM D3588
(incorporated by reference, see Sec.  80.3).
    (vii) Additional components specified in pipeline specifications or
specified by EPA as a condition of registration under Sec.  80.145 or
Sec.  80.1450.
    (viii) Carbon-14 analysis using ASTM D6866 (incorporated by
reference, see Sec.  80.3).
    (c) Renewable electricity. Any party required to continuously
measure the volume of renewable electricity under this subpart must use
ANSI C12.20 (incorporated by reference, see Sec.  80.3).
    (d) Digester feedstock. Any party required to measure total solids
and volatile solids of a digester feedstock under this subpart must use
Part G of SM 2540 (incorporated by reference, see Sec.  80.3).
    (e) Third parties. Samples required to be obtained under this
subpart may be collected and analyzed by third parties.

Sec.  80.170  RNG importers and foreign biogas producers, RNG
producers, renewable electricity generators, and RERGs.

    (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 Sec.  80.170(b)(4) and (c) as part of their registration
under Sec.  80.145.
    (2) Bond posting. A foreign party that generates RINs must meet the
requirements of Sec.  80.1466(h).
    (3) Foreign RIN owners. A foreign party that owns RINs must meet
the requirements of Sec.  80.1467, including any foreign party that
separates or retires RINs under Sec.  80.140.
    (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 Sec.  80.155.
    (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.