implemented in 40 CFR 80.1403).
---------------------------------------------------------------------------

    We received near universal support from stakeholders in comment on
the proposal for the broad approach. In order to allow us more time to
fully consider the comments received, as well as to determine what
would be needed to implement such a broad approach, we are not
finalizing a definition of ``produced from renewable biomass'' in this
action. Nevertheless, we still believe a definition of ``produced from
renewable biomass'' would be useful because we have received multiple
questions from stakeholders on this aspect of the renewable fuel
definition. Clarifying what it means for a fuel to be produced from
renewable biomass will reduce confusion on this issue and avoid a
situation where a party expends resources on researching or developing
a new fuel technology with the hopes of generating RINs only to later
discover that the fuel does not qualify as having been produced from
renewable biomass.
    Given that we are not finalizing this definition in this action, we
are also not finalizing the proposed changes to corresponding
regulations in 80.1426(f)(4) nor are we finalizing the proposed changes
to the definition of co-processed fuel or co-processed intermediate.

L. Technical Amendments

    We are making numerous technical amendments to the RFS and fuel
quality regulations. These amendments are being made to correct minor
inaccuracies and clarify the current regulations. These changes are
described in Table X.L-1.

 Table X.L-1--Miscellaneous Technical Corrections and Clarifications to
                    RFS and Fuel Quality Regulations
------------------------------------------------------------------------
 Part and section of Title 40           Description of revision
------------------------------------------------------------------------
80.2.........................  Adding definition of business days
                                consistent with the definition at 40 CFR
                                1090.80.
80.2.........................  Clarifying the definition of renewable
                                fuel to specify that fuel must be used
                                in the covered location.
80.4; 80.7; 80,11; 80.1415;    Removing all references to ``the
 80.1416; 80.1426; 80.1431;     Administrator'' and replacing them with
 80.1441; 80.1443; 80.1449      ``EPA.''
 through 80.1454; 80.1456;
 80.1466; 80.1467; 80.1469;
 80.1474; and 80.1478.
80.2, 80.1408, and 1090.1015.  Amending the definition of certified non-
                                transportation distillate fuel (NTDF) at
                                40 CFR 80.2 and the diesel fuel
                                designation requirements under 40 CFR
                                1090.1015 to clarify that the certified
                                NTDF provisions at 40 CFR 80.1408 may be
                                used for NTDF other than heating oil or
                                ECA marine fuel.
80.2 and 80.1453(a)(12)......  Clarifying that renewable naphtha may be
                                blended to make E85.
80.1450(b)(1)(viii)(E).......  Clarifying that independent third-party
                                engineers must visit material recovery
                                facilities as part of the engineering
                                review for facilities that produce
                                renewable fuels from separated MSW.
80.1469(c)(6)................  Clarifying that independent third-party
                                auditors must review all relevant
                                documentation required under the RFS
                                program when verifying elements under
                                the QAP program.
1090.55(c)...................  Amending to correct cross-reference from
                                40 CFR part 32 to 2 CFR part 1532.
1090.80......................  Amending to correct the list of states
                                that are part of PADD II.
1090.805(a)(1)(iv)...........  Clarifying that RCOs may add a delegate,
                                as allowed under 1090.800(d).
1090.1830(a)(3)..............  Amending to add a missing word.
------------------------------------------------------------------------

XI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under section 3(f)(1) of Executive Order 12866, as amended by
Executive Order 14094, this action is a significant regulatory action
that was submitted to the Office of Management and Budget (OMB) for
review. Any changes made in response to suggestions or recommendations
received as part of the Executive Order 12866 review process have been
documented in the docket. EPA prepared an analysis of potential costs
and benefits associated with this action. This analysis is presented in
the RIA, available in the docket for this action.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this rule have been
submitted for

approval to the Office of Management and Budget (OMB) under the PRA.
The Information Collection Request (ICR) document that EPA prepared has
been assigned EPA ICR number 2722.02. You can find a copy of the ICR in
the docket for this rule, and it is briefly summarized here. The
information collection requirements are not enforceable until OMB
approves them.
    We are finalizing compliance provisions necessary to ensure that
the production, distribution, and use of biogas, RNG, and RINs are
consistent with Clean Air Act requirements under the RFS program. These
compliance provisions include registration, reporting, product transfer
documents (PTDs), and recordkeeping requirements. The information
requirements are under 40 CFR part 80, subparts E and M, and 40 CFR
part 1090. Interested parties may wish to review the following related
ICRs: Fuels Regulatory Streamlining (Final Rule), OMB Control Number
2060-0731, expires January 31, 2024; Renewable Fuel Standard (RFS)
Program: RFS Final Rules, OMB Control No. 2060-0740, expires October
31, 2025; and Renewable Fuel Standard (RFS) Program (Renewal), OMB
Control Number 2060-0725, expires November 30, 2025.
    Respondents/affected entities: Biogas producers; RNG producers; RNG
importers; biogas closed-distribution RIN generators; QAP providers;
RIN separators; parties including renewable fuel producers,
biointermediate producers, or feedstock aggregators who use alternative
recordkeeping under 80.1479; producers of renewable fuel from biogas
used as a biointermediate or RNG used as a feedstock; and third
parties, including third-party engineers and attest auditors.
    Respondent's obligation to respond: Mandatory, under 40 CFR parts
80 and 1090.
    Estimated number of respondents: 7,835.
    Frequency of response: On occasion, monthly, quarterly, or
annually.
    Total estimated burden: 82,441 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $5,684,472 (per year), of which $5,659,472 is
purchased services, and which includes $25,000 annualized capital or
operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When OMB approves
this ICR, EPA will announce that approval in the Federal Register and
publish a technical amendment to 40 CFR part 9 to display the OMB
control number for the approved information collection activities
contained in this final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA.
    For the biogas regulatory reform provisions, we are modifying the
previous biogas provisions to make compliance less burdensome for
regulated parties. With respect to the other amendments to the RFS and
fuel quality regulations, this action makes minor corrections and
modifications to those regulations. As such, we do not anticipate that
there will be any significant adverse economic impact on directly
regulated small entities as a result of these revisions.
    The small entities directly regulated by the annual percentage
standards associated with the RFS volumes are small refiners that
produce gasoline or diesel fuel, which are defined by the Small
Business Administration (SBA) at 13 CFR 121.201. To evaluate the
impacts of the 2023-2025 volume requirements on small entities, we have
conducted a screening analysis \341\ to assess whether we should make a
finding that this action will not have a significant economic impact on
a substantial number of small entities. Currently available information
shows that the impact on small entities from implementation of this
rule will not be significant. We have reviewed and assessed the
available information, which shows that obligated parties, including
small entities, are able to recover the cost of acquiring the RINs
necessary for compliance with the RFS standards through higher sales
prices of the petroleum products they sell than would be expected in
the absence of the RFS program.\342\ This is true whether they acquire
RINs by purchasing renewable fuels with attached RINs or purchasing
separated RINs. The costs of the RFS program are thus being passed on
to consumers in a highly competitive marketplace.
---------------------------------------------------------------------------

    \341\ See RIA Chapter 11.
    \342\ For a further discussion of the ability of obligated
parties--including small refiners--to recover the cost of RINs, see
April 2022 SRE Denial Action and June 2022 SRE Denial Action.
---------------------------------------------------------------------------

    While the rule will not have a significant economic impact on a
substantial number of small entities, there are existing compliance
flexibilities in the program that are available to small entities.
These flexibilities include being able to comply through RIN trading
rather than renewable fuel blending, 20 percent RIN rollover allowance
(up to 20 percent of an obligated party's RVO can be met using
previous-year RINs), and deficit carry-forward (the ability to carry
over a deficit from a given year into the following year, provided that
the deficit is satisfied together with the next year's RVO). In the
2010 RFS2 final rule, we discussed other potential small entity
flexibilities that had been suggested by the Small Business Regulatory
Enforcement Fairness Act (SBREFA) panel or through comments, but we did
not adopt them, in part because we had serious concerns regarding our
authority to do so.\343\
---------------------------------------------------------------------------

    \343\ 75 FR 14858-62 (March 26, 2010).
---------------------------------------------------------------------------

    In sum, this rule will not change the compliance flexibilities
currently offered to small entities under the RFS program and available
information shows that the impact on small entities from implementation
of this rule will not be significant.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, for state, local, or
tribal governments. This action imposes no enforceable duty on any
state, local or tribal governments. This action contains a federal
mandate under UMRA that may result in expenditures of $100 million or
more for the private sector in any one year. Accordingly, the costs
associated with this rule are discussed in Section IV and in the RIA.
    This action is not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and affects transportation fuel refiners,

blenders, marketers, distributors, importers, exporters, and renewable
fuel producers and importers. Tribal governments will be affected only
to the extent they produce, purchase, or use regulated fuels. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is subject to Executive Order 13045 because it is a
significant regulatory action under section 3(f)(1) of Executive Order
12866, and EPA believes that the environmental health or safety risks
of the pollutants impacted by this action may have a disproportionate
effect on children. The 2021 Policy on Children's Health also applies
to this action.\344\
---------------------------------------------------------------------------

    \344\ U.S. Environmental Protection Agency (2021). 2021 Policy
on Children's Health. Washington, DC. https://www.epa.gov/system/files/documents/2021-10/2021-policy-on-childrens-health.pdf.
---------------------------------------------------------------------------

    Children make up a substantial fraction of the U.S. population, and
often have unique factors that contribute to their increased risk of
experiencing a health effect from exposures to ambient air pollutants
because of their continuous growth and development. Children are more
susceptible than adults to many air pollutants because they have: (1) A
developing respiratory system; (2) Increased ventilation rates relative
to body mass compared with adults; (3) An increased proportion of oral
breathing, particularly in boys, relative to adults; and (4) Behaviors
that increase chances for exposure. Even before birth, the developing
fetus may be exposed to air pollutants through the mother that affect
development and permanently harm the individual when the mother is
exposed. Certain motor vehicle emissions present greater risks to
children as well. Early life stages (e.g., children) are thought to be
more susceptible to tumor development than adults when exposed to
carcinogenic chemicals that act through a mutagenic mode of
action.\345\ Exposure at a young age to these carcinogens could lead to
a higher risk of developing cancer later in life.
---------------------------------------------------------------------------

    \345\ U.S. Environmental Protection Agency. (2005). Supplemental
guidance for assessing susceptibility from early-life exposure to
carcinogens. Washington, DC: Risk Assessment Forum. EPA/630/R-03/
003F. https://www.epa.gov/sites/default/files/2013-09/documents/childrens_supplement_final.pdf.
---------------------------------------------------------------------------

    The biofuel volumes associated with this rulemaking may reduce
GHGs, potentially mitigating the impacts of climate change on children.
Because children have greater susceptibility to the impacts of a
changing climate, as referenced in RIA Chapter 9.6, these standards
could have particular benefits for children's health.\346\ As discussed
in RIA Chapter 4, the biofuel volumes associated with the rulemaking
may also impact other air pollutant emissions both positively and
negatively. Because of their greater susceptibility to air pollution
and their increased time spent outdoors these standards could also have
more pronounced impacts on children's health.
---------------------------------------------------------------------------

    \346\ The Impacts of Climate Change on Human Health in the
United States: A Scientific Assessment, USGCRP 2016.
---------------------------------------------------------------------------

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action establishes the required
renewable fuel content of the transportation fuel supply for 2023,
2024, and 2025 pursuant to the CAA. The RFS program and this rule are
designed to achieve positive effects on the nation's transportation
fuel supply by increasing energy independence and security.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. In accordance with the
requirements of 1 CFR 51.5, we are incorporating by reference the use
of test methods and standards from the American Petroleum Institute
(API), American Public Health Association (APHA), ASTM International
(ASTM), and European Committee for Standardization (CEN). A detailed
discussion of these test methods and standards can be found in Sections
IX.I and X.C. The standards and test methods referenced in this action
may be obtained through the following avenues:
    For API standards, copies of these materials may be obtained from
the API website (www.api.org) or by calling API at<PHONE_NUMBER>. API
standards referenced in this rule are also available for public review
in read-only format in the API IBR Reading Room at
publications.api.org.
    For APHA standards, copies of these materials may be obtained from
the standard methods website (www.standardmethods.org) or by calling
APHA at<PHONE_NUMBER>.
    For ASTM standards, copies of these materials may be obtained from
the ASTM website (www.astm.org) or by calling ASTM at<PHONE_NUMBER>.
ASTM standards referenced in this rule are also available for public
review in read-only format in the ASTM Reading Room at www.astm.org/epa.htm.
    For CEN standards, copies of these materials may be obtained from
the CEN website (www.cencenelec.eu) or by calling CEN at + 32 2 550 08
11.
    To meet the Office of the Federal Register requirements for
incorporation by reference structure and formatting requirements, EPA
is moving the centralized IBR section (Sec.  80.1468, which applies to
all of part 80) out of subpart M and into subpart A (which also applies
to all of part 80). EPA is also adding standards that were approved for
Sec.  80.8 but never consolidated in the original centralized IBR
section into the new centralized section at Sec.  80.12.
    In addition to the standards and test methods listed below, ASTM
D1250, ASTM D4442, ASTM D4444, ASTM D6866, and ASTM E870 are also
referenced in the regulatory text of this final rule. They were
approved for IBR for the sections referenced as of July 1, 2022, and no
changes are being made aside from those described to the centralized
IBR section. ASTM D4057, ASTM D4177, ASTM D5842, and ASTM D5854 are
also referenced in the regulatory text of this final rule. They were
approved for IBR for the sections referenced as of April 28, 2014, and
no changes are being made aside from those described to the centralized
IBR section. ASTM E711 is also referenced in the regulatory text of
this final rule. It was approved for IBR for the section referenced as
of July 1, 2010, and no changes are being made aside from those
described to the centralized IBR section.

Table XI.I-1--Standards and Test Methods To Be Incorporated by Reference
------------------------------------------------------------------------
   Organization and standard or test
                 method                            Description
------------------------------------------------------------------------
API MPMS 14.1-2016, Manual of Petroleum  Standard describing how to
 Measurement Standards Chapter 14--       collect, handle, and transfer
 Natural Gas Fluids Measurement Section   gas samples for chemical
 1--Collecting and Handling of Natural    analysis.
 Gas Samples for Custody Transfer, 7th
 Edition, May 2016.
API MPMS 14.3.1-2012, Manual of          Standard describing engineering
 Petroleum Measurement Standards          equations, installation
 Chapter 14.3.1--Orifice Metering of      requirements, and uncertainty
 Natural Gas and Other Related            estimations of square-edged
 Hydrocarbon Fluids--Concentric,          orifice meters in measuring
 Square[hyphen]edged Orifice Meters       the flow of natural gas and
 Part 1: General Equations and            similar fluids.
 Uncertainty Guidelines, 4th Edition,
 including Errata July 2013,
 Reaffirmed, July 2022.
API MPMS 14.3.2-2016, Manual of          Standard describing design and
 Petroleum Measurement Standards          installation of square-edged
 Chapter 14.3.2--Orifice Metering of      orifice meters for measuring
 Natural Gas and Other Related            flow of natural gas and
 Hydrocarbon Fluids--Concentric,          similar fluids.
 Square[hyphen]edged Orifice Meters
 Part 2: Specification and Installation
 Requirements, 5th Edition, March 2016.
API MPMS 14.3.3-2013, Manual of          Standard describing
 Petroleum Measurement Standards          applications using square-
 Chapter 14.3.3--Orifice Metering of      edged orifice meters for
 Natural Gas and Other Related            measuring flow of natural gas
 Hydrocarbon Fluids--Concentric,          and similar fluids.
 Square[hyphen]edged Orifice Meters
 Part 3: Natural Gas Applications, 4th
 Edition, Reaffirmed, June 2021.
API MPMS 14.3.4-2019, Manual of          Standard describing the
 Petroleum Measurement Standards          development of equations for
 Chapter 14.3.4--Orifice Metering of      coefficient of discharge,
 Natural Gas and Other Related            including a calculation
 Hydrocarbon Fluids--Concentric,          procedure, for square-edged
 Square[hyphen]edged Orifice Meters       orifice meters measuring flow
 Part 4--Background, Development,         of natural gas and similar
 Implementation Procedure, and Example    fluids.
 Calculations, 4th Edition, October
 2019.
API MPMS 14.12-2017, Manual of           Standard describing the
 Petroleum Measurement Standards          calculation of flow using gas
 Chapter 14--Natural Gas Fluid            vortex meters for measuring
 Measurement Section 12--Measurement of   the flow of natural gas and
 Gas by Vortex Meters, 1st Edition,       similar fluids.
 March 2017.
APHA SM 2540, Solids, revised June 10,   Standard describing how to
 2020.                                    measure the total solids,
                                          volatile solids, and other
                                          solid properties of wastewater
                                          sludge and similar substances.
ASTM D975-21, Standard Specification     Diesel fuel specifications that
 for Diesel Fuel, approved August 1,      must be met to qualify for
 2021.                                    RINs for renewable fuels.
ASTM D3588-98(R2017)e1, Standard         Calculation protocol for
 Practice for Calculating Heat Value,     aggregate properties of
 Compressibility Factor, and Relative     gaseous fuels from
 Density of Gaseous Fuels, approved       compositional measurements.
 April 1, 2017.
ASTM D4888-20, Standard Test Method for  Standard specifying how to
 Water Vapor in Natural Gas Using         measure water vapor
 Length-of-Stain Detector Tubes,          concentration in gaseous fuel
 approved December 15, 2020.              samples
ASTM D5504-20, Standard Test Method for  Standard specifying how to
 Determination of Sulfur Compounds in     measure sulfur-containing
 Natural Gas and Gaseous Fuels by Gas     compounds in a gaseous fuel
 Chromatography and Chemiluminescence,    sample.
 approved November 1, 2020.
ASTM D6751-20a, Standard Specification   Biodiesel fuel specifications
 for Biodiesel Fuel Blend Stock (B100)    that must be met to qualify
 for Middle Distillate Fuels, approved    for RINs for renewable fuels.
 August 1, 2020.
ASTM D6866-22, Standard Test Methods     Radiocarbon dating test method
 for Determining the Biobased Content     to determine the renewable
 of Solid, Liquid, and Gaseous Samples    content of biogas and RNG.
 Using Radiocarbon Analysis, approved
 March 15, 2022.
ASTM D7164-21, Standard Practice for On- Standard specifying how to use
 line/At-line Heating Value               and maintain an on-line gas
 Determination of Gaseous Fuels by Gas    chromatogram for determining
 Chromatography, approved April 1, 2021.  heating value of a gaseous
                                          fuel.
ASTM D8230-19, Standard Test Method for  Standard specifying how to
 Measurement of Volatile Silicon-         measure silicon-containing
 Containing Compounds in a Gaseous Fuel   compounds in a gaseous fuel
 Sample Using Gas Chromatography with     sample.
 Spectroscopic Detection, approved June
 1, 2019.
EN 17526:2021(E), Gas meter--Thermal-    Standard specifying the
 mass flow-meter based gas meter,         measurement of flow using a
 approved July 11, 2021.                  thermal mass flow meter.
------------------------------------------------------------------------

J. Executive Orders 12898 (Federal Actions To Address Environmental
Justice in Minority Populations, and Low-Income Populations) and 14096
(Revitalizing Our Nation's Commitment to Environmental Justice for All)

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on communities with environmental justice concerns.
    EPA believes that the human health and environmental conditions
that exist prior to this action result in disproportionate and adverse
effects on communities with environmental justice concerns. A summary
of our approach for considering potential EJ concerns as a result of
this action can be found in Sections I.B and IV.E, and our EJ analysis
(including a discussion of this action's potential impacts on GHGs, air
quality, water quality, and fuel and food prices) can be found in RIA
Chapter 9.
    EPA believes that this action may result in some new
disproportionate and adverse effects on communities with environmental
justice concerns, while also mitigating some effects on these
populations. Some of these effects are not practicable to assess. This
rule will reduce GHG emissions, which will benefit communities with

environmental justice concerns. The manner in which the market responds
to the provisions in this rule could also have non-GHG impacts.
Replacing petroleum fuels with renewable fuels can also have localized
impacts on water and air exposure for communities living near
facilities that produce renewable fuel, gasoline, or diesel fuel.
Replacing petroleum fuels with renewable fuels is projected to have
marginal impacts on food and fuel prices. These price impacts may have
disproportionate impacts on low-income populations who spend a larger
proportion of their income on food and fuel. EPA received public
comment from several groups concerned about the use of biogas in the
RFS, particularly from landfills and concentrated animal feeding
operations. EPA solicited further discussion from these groups when
considering the environmental justice impacts of this rule. The
majority of the comments and feedback received was focused on potential
impacts of the proposed renewable electricity provisions, which we have
decided not to finalize with this action. However, EPA will continue to
engage with stakeholders on impacts of the RFS program related to
biogas use and expansion.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is a ``major rule'' as defined by 5
U.S.C. 804(2).

XII. Statutory Authority

    Statutory authority for this action comes from sections 114, 203-
05, 208, 211, and 301 of the Clean Air Act, 42 U.S.C. 7414, 7522-24,
7542, 7545, and 7601.

List of Subjects

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Incorporation by reference, Oil imports, Petroleum, Renewable fuel.

40 CFR Part 1090

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

Michael S. Regan,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR parts
80 and 1090 as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

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

Subpart A--General Provisions

0
2. Revise Sec.  80.2 to read as follows:

Sec.  80.2  Definitions.

    The definitions of this section apply in this part unless otherwise
specified. Note that many terms defined here are common terms that have
specific meanings under this part.
    Actual peak capacity means 105% of the maximum annual volume of
renewable fuels produced from a specific renewable fuel production
facility on a calendar year basis.
    (1) For facilities that commenced construction prior to December
19, 2007, the actual peak capacity is based on the last five calendar
years prior to 2008, unless no such production exists, in which case
actual peak capacity is based on any calendar year after startup during
the first three years of operation.
    (2) For facilities that commenced construction after December 19,
2007 and before January 1, 2010, that are fired with natural gas,
biomass, or a combination thereof, the actual peak capacity is based on
any calendar year after startup during the first three years of
operation.
    (3) For all other facilities not included above, the actual peak
capacity is based on the last five calendar years prior to the year in
which the owner or operator registers the facility under the provisions
of Sec.  80.1450, unless no such production exists, in which case
actual peak capacity is based on any calendar year after startup during
the first three years of operation.
    Adjusted cellulosic content means the percent of organic material
that is cellulose, hemicellulose, and lignin.
    Advanced biofuel means renewable fuel, other than ethanol derived
from cornstarch, that has lifecycle greenhouse gas emissions that are
at least 50 percent less than baseline lifecycle greenhouse gas
emissions.
    Agricultural digester means an anaerobic digester that processes
only animal manure, crop residues, or separated yard waste with an
adjusted cellulosic content of at least 75%. Each and every material
processed in an agricultural digester must have an adjusted cellulosic
content of at least 75%.
    Algae grown photosynthetically are algae that are grown such that
their energy and carbon are predominantly derived from photosynthesis.
    Annual cover crop means an annual crop, planted as a rotation
between primary planted crops, or between trees and vines in orchards
and vineyards, typically to protect soil from erosion and to improve
the soil between periods of regular crops. An annual cover crop has no
existing market to which it can be sold except for its use as feedstock
for the production of renewable fuel.
    Approved pathway means a pathway listed in table 1 to Sec.  80.1426
or in a petition approved under Sec.  80.1416 that is eligible to
generate RINs of a particular D code.
    Areas at risk of wildfire are those areas in the ``wildland-urban
interface'', where humans and their development meet or intermix with
wildland fuel. Note that, for guidance, the SILVIS laboratory at the
University of Wisconsin maintains a website that provides a detailed
map of areas meeting this criteria at: www.silvis.forest.wisc.edu/projects/US_WUI_2000.asp. The SILVIS laboratory is located at 1630
Linden Drive, Madison, Wisconsin 53706 and can be contacted at (608)
263-4349.
    A-RIN means a RIN verified during the interim period by a
registered independent third-party auditor using a QAP that has been
approved under Sec.  80.1469(a) following the audit process specified
in Sec.  80.1472.
    Assigned RIN means a RIN assigned to a volume of renewable fuel or
RNG pursuant to Sec.  80.1426(e) or Sec.  80.125(c), respectively, with
a K code of 1.
    Audited facility means any facility audited under an approved
quality assurance plan under this part.
    Audited party means a party that pays for or receives services from
an independent third party under this part.
    Baseline lifecycle greenhouse gas emissions means the average
lifecycle greenhouse gas emissions for gasoline or diesel (whichever is
being replaced by the renewable fuel) sold or distributed as
transportation fuel in 2005.
    Baseline volume means the permitted capacity or, if permitted
capacity cannot be determined, the actual peak capacity or nameplate
capacity as applicable pursuant to Sec.  80.1450(b)(1)(v)(A) through
(C), of a specific renewable fuel

production facility on a calendar year basis.
    Batch pathway means each combination of approved pathway,
equivalence value as determined under Sec.  80.1415, and verification
status for which a facility is registered.
    Biocrude means a liquid biointermediate that meets all the
following requirements:
    (1) It is produced at a biointermediate production facility using
one or more of the following processes:
    (i) A process identified in row M under table 1 to Sec.  80.1426.
    (ii) A process identified in a pathway listed in a petition
approved under Sec.  80.1416 for the production of renewable fuel
produced from biocrude.
    (2) It is to be used to produce renewable fuel at a refinery as
defined in 40 CFR 1090.80.
    Biodiesel means a mono-alkyl ester that meets ASTM D6751
(incorporated by reference, see Sec.  80.12).
    Biodiesel distillation bottoms means the heavier product from
distillation at a biodiesel production facility that does not meet the
definition of biodiesel.
    Biogas means a mixture of biomethane, inert gases, and impurities
that meets all the following requirements:
    (1) It is produced through the anaerobic digestion of renewable
biomass under an approved pathway.
    (2) Non-renewable components have not been added.
    (3) It requires removal of additional components to be suitable for
its designated use (e.g., as a biointermediate, to produce RNG, or to
produce biogas-derived renewable fuel).
    Biogas closed distribution system means the infrastructure
contained between when biogas is produced and when biogas or treated
biogas is used to produce biogas-derived renewable fuel within a
discrete location or series of locations that does not include
placement of biogas, treated biogas, or RNG on a natural gas commercial
pipeline system.
    Biogas closed distribution system RIN generator means any party
that generates RINs for renewable CNG/LNG in a biogas closed
distribution system.
    Biogas-derived renewable fuel means renewable CNG/LNG or any other
renewable fuel that is produced from biogas or RNG, including from
biogas used as a biointermediate.
    Biogas producer means any person who owns, leases, operates,
controls, or supervises a biogas production facility.
    Biogas production facility means any facility where biogas is
produced from renewable biomass under an approved pathway.
    Biogas used as a biointermediate means biogas or treated biogas
that a renewable fuel producer uses to produce renewable fuel other
than renewable CNG/LNG at a separate facility from where the biogas is
produced.
    Biointermediate means any feedstock material that is intended for
use to produce renewable fuel and meets all the following requirements:
    (1) It is produced from renewable biomass.
    (2) It has not previously had RINs generated for it.
    (3) It is produced at a facility registered with EPA that is
different than the facility at which it is used as feedstock material
to produce renewable fuel.
    (4) It is produced from the feedstock material identified in an
approved pathway, will be used to produce the renewable fuel listed in
that approved pathway, and is produced and processed in accordance with
the process(es) listed in that approved pathway.
    (5) Is one of the following types of biointermediate:
    (i) Biocrude.
    (ii) Biodiesel distillate bottoms.
    (iii) Biomass-based sugars.
    (iv) Digestate.
    (v) Free fatty acid (FFA) feedstock.
    (vi) Glycerin.
    (vii) Soapstock.
    (viii) Undenatured ethanol.
    (ix) Biogas used to make a renewable fuel other than renewable CNG/
LNG.
    (6) It is not a feedstock material identified in an approved
pathway that is used to produce the renewable fuel specified in that
approved pathway.
    Biointermediate import facility means any facility as defined in 40
CFR 1090.80 where a biointermediate is imported from outside the
covered location into the covered location.
    Biointermediate importer means any person who owns, leases,
operates, controls, or supervises a biointermediate import facility.
    Biointermediate producer means any person who owns, leases,
operates, controls, or supervises a biointermediate production
facility.
    Biointermediate production facility means all of the activities and
equipment associated with the production of a biointermediate starting
from the point of delivery of feedstock material to the point of final
storage of the end biointermediate product, which are located on one
property, and are under the control of the same person (or persons
under common control).
    Biomass-based diesel means a renewable fuel that has lifecycle
greenhouse gas emissions that are at least 50 percent less than
baseline lifecycle greenhouse gas emissions and meets all of the
requirements of paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive,
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester
renewable diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under
40 CFR part 79, if the fuel or fuel additive is intended for use in a
motor vehicle.
    (2) Renewable fuel produced from renewable biomass that is co-
processed with petroleum is not biomass-based diesel.
    Biomass-based sugars means sugars (e.g., dextrose, sucrose, etc.)
extracted from renewable biomass under an approved pathway, other than
through a form change specified in Sec.  80.1460(k)(2).
    Biomethane means methane produced from renewable biomass.
    B-RIN means a RIN verified during the interim period by a
registered independent third-party auditor using a QAP that has been
approved under Sec.  80.1469(b) following the audit process specified
in Sec.  80.1472.
    Business day has the meaning given in 40 CFR 1090.80.
    Canola/Rapeseed oil means either of the following:
    (1) Canola oil is oil from the plants Brassica napus, Brassica
rapa, Brassica juncea, Sinapis alba, or Sinapis arvensis, and which
typically contains less than 2 percent erucic acid in the component
fatty acids obtained.
    (2) Rapeseed oil is the oil obtained from the plants Brassica
napus, Brassica rapa, or Brassica juncea.
    Carrier means any distributor who transports or stores or causes
the transportation or storage of gasoline or diesel fuel without taking
title to or otherwise having any ownership of the gasoline or diesel
fuel, and without altering either the quality or quantity of the
gasoline or diesel fuel.
    Category 3 (C3) marine vessels, for the purposes of this part 80,
are vessels that are propelled by engines meeting the definition of
``Category 3'' in 40 CFR 1042.901.
    CBOB means gasoline blendstock that could become conventional
gasoline solely upon the addition of oxygenate.
    Cellulosic biofuel means renewable fuel derived from any cellulose,
hemi-cellulose, or lignin that has lifecycle greenhouse gas emissions
that are at least 60 percent less than the baseline lifecycle
greenhouse gas emissions.
    Cellulosic biogas feedstock means an individual feedstock used to
produce biogas that contains at least 75%

average adjusted cellulosic content and whose batch pathway has been
assigned a D code of 3 or 7.
    Cellulosic diesel is any renewable fuel which meets both the
definitions of cellulosic biofuel and biomass-based diesel. Cellulosic
diesel includes heating oil and jet fuel produced from cellulosic
feedstocks.
    Certified non-transportation 15 ppm distillate fuel or certified
NTDF means distillate fuel that meets all the following:
    (1) The fuel has been certified under 40 CFR 1090.1000 as meeting
the ULSD standards in 40 CFR 1090.305.
    (2) The fuel has been designated under 40 CFR 1090.1015 as
certified NTDF.
    (3) The fuel has also been designated under 40 CFR 1090.1015 as 15
ppm heating oil, 15 ppm ECA marine fuel, or other non-transportation
fuel (e.g., jet fuel, kerosene, or distillate global marine fuel).
    (4) The fuel has not been designated under 40 CFR 1090.1015 as ULSD
or 15 ppm MVNRLM diesel fuel.
    (5) The PTD for the fuel meets the requirements in Sec.
80.1453(e).
    Combined heat and power (CHP), also known as cogeneration, refers
to industrial processes in which waste heat from the production of
electricity is used for process energy in a biointermediate or
renewable fuel production facility.
    Continuous measurement means the automated measurement of specified
parameters of biogas, treated biogas, or natural gas as follows:
    (1) For in-line GC meters, automated measurement must occur and be
recorded no less frequent than once every 15 minutes.
    (2) For flow meters, automated measurement must occur no less
frequent than once every 6 seconds, and weighted totals of such
measurement must be recorded at no more than 1 minute intervals.
    (3) For all other meters, automated measurement and recording must
occur at a frequency specified at registration.
    Contractual affiliate means one of the following:
    (1) Two parties are contractual affiliates if they have an explicit
or implicit agreement in place for one to purchase or hold RINs on
behalf of the other or to deliver RINs to the other. This other party
may or may not be registered under the RFS program.
    (2) Two parties are contractual affiliates if one RIN-owning party
purchases or holds RINs on behalf of the other. This other party may or
may not be registered under the RFS program.
    Control area means a geographic area in which only oxygenated
gasoline under the oxygenated gasoline program may be sold or
dispensed, with boundaries determined by Clean Air Act section 211(m)
(42 U.S.C. 7545(m)).
    Control period means the period during which oxygenated gasoline
must be sold or dispensed in any control area, pursuant to Clean Air
Act section 211(m)(2) (42 U.S.C. 7545(m)(2)).
    Conventional gasoline (CG) means any gasoline that has been
certified under 40 CFR 1090.1000(b) and is not RFG.
    Co-processed means that renewable biomass or a biointermediate was
simultaneously processed with fossil fuels or other non-renewable
feedstock in the same unit or units to produce a fuel that is partially
derived from renewable biomass or a biointermediate.
    Co-processed cellulosic diesel is any renewable fuel that meets the
definition of cellulosic biofuel and meets all the requirements of
paragraph (1) of this definition:
    (1)(i) Is a transportation fuel, transportation fuel additive,
heating oil, or jet fuel.
    (ii) Meets the definition of either biodiesel or non-ester
renewable diesel.
    (iii) Is registered as a motor vehicle fuel or fuel additive under
40 CFR part 79, if the fuel or fuel additive is intended for use in a
motor vehicle.
    (2) Co-processed cellulosic diesel includes all the following:
    (i) Heating oil and jet fuel produced from cellulosic feedstocks.
    (ii) Cellulosic biofuel produced from cellulosic feedstocks co-
processed with petroleum.
    Corn oil extraction means the recovery of corn oil from the thin
stillage and/or the distillers grains and solubles produced by a dry
mill corn ethanol plant, most often by mechanical separation.
    Corn oil fractionation means a process whereby seeds are divided in
various components and oils are removed prior to fermentation for the
production of ethanol.
    Corporate affiliate means one of the following:
    (1) Two RIN-holding parties are corporate affiliates if one owns or
controls ownership of more than 20 percent of the other.
    (2) Two RIN-holding parties are corporate affiliates if one parent
company owns or controls ownership of more than 20 percent of both.
    Corporate affiliate group means a group of parties in which each
party is a corporate affiliate to at least one other party in the
group.
    Covered location means the contiguous 48 states, Hawaii, and any
state or territory that has received an approval from EPA to opt-in to
the RFS program under Sec.  80.1443.
    Crop residue means biomass left over from the harvesting or
processing of planted crops from existing agricultural land and any
biomass removed from existing agricultural land that facilitates crop
management (including biomass removed from such lands in relation to
invasive species control or fire management), whether or not the
biomass includes any portion of a crop or crop plant. Biomass is
considered crop residue only if the use of that biomass for the
production of renewable fuel has no significant impact on demand for
the feedstock crop, products produced from that feedstock crop, and all
substitutes for the crop and its products, nor any other impact that
would result in a significant increase in direct or indirect GHG
emissions.
    Cropland is land used for production of crops for harvest and
includes cultivated cropland, such as for row crops or close-grown
crops, and non-cultivated cropland, such as for horticultural or
aquatic crops.
    Diesel fuel means any of the following:
    (1) Any fuel sold in any State or Territory of the United States
and suitable for use in diesel engines, and that is one of the
following:
    (i) A distillate fuel commonly or commercially known or sold as No.
1 diesel fuel or No. 2 diesel fuel.
    (ii) A non-distillate fuel other than residual fuel with comparable
physical and chemical properties (e.g., biodiesel fuel).
    (iii) A mixture of fuels meeting the criteria of paragraphs (1)(i)
and (ii) of this definition.
    (2) For purposes of subpart M of this part, any and all of the
products specified at Sec.  80.1407(e).
    Digestate means the material that remains following the anaerobic
digestion of renewable biomass in an anaerobic digester. Digestate must
only contain the leftovers that were unable to be completely converted
to biogas in an anaerobic digestor that is part of an EPA-accepted
registration under Sec.  80.1450.
    Distillate fuel means diesel fuel and other petroleum fuels that
can be used in engines that are designed for diesel fuel. For example,
jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are
distillate fuels; and natural gas, LPG, gasoline, and residual fuel are
not distillate fuels. Blends containing residual fuel may be distillate
fuels.
    Distillers corn oil means corn oil recovered at any point
downstream of when a dry mill ethanol or butanol plant grinds the corn,
provided that the

corn starch is converted to ethanol or butanol, the recovered oil is
unfit for human food use without further refining, and the distillers
grains remaining after the dry mill and oil recovery processes are
marketable as animal feed.
    Distillers sorghum oil means grain sorghum oil recovered at any
point downstream of when a dry mill ethanol or butanol plant grinds the
grain sorghum, provided that the grain sorghum is converted to ethanol
or butanol, the recovered oil is unfit for human food use without
further refining, and the distillers grains remaining after the dry
mill and oil recovery processes are marketable as animal feed.
    Distributor means any person who transports or stores or causes the
transportation or storage of gasoline or diesel fuel at any point
between any gasoline or diesel fuel refinery or importer's facility and
any retail outlet or wholesale purchaser-consumer's facility.
    DX RIN means a RIN with a D code of X, where X is the D code of the
renewable fuel as identified under Sec.  80.1425(g), generated under
Sec.  80.1426, and submitted under Sec.  80.1452. For example, a D6 RIN
is a RIN with a D code of 6.
    ECA marine fuel is diesel, distillate, or residual fuel that meets
the criteria of paragraph (1) of this definition, but not the criteria
of paragraph (2) of this definition.
    (1) All diesel, distillate, or residual fuel used, intended for
use, or made available for use in Category 3 marine vessels while the
vessels are operating within an Emission Control Area (ECA), or an ECA
associated area, is ECA marine fuel, unless it meets the criteria of
paragraph (2) of this definition.
    (2) ECA marine fuel does not include any of the following fuel:
    (i) Fuel used by exempted or excluded vessels (such as exempted
steamships), or fuel used by vessels allowed by the U.S. government
pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the
fuel sulfur limits while operating in an ECA or an ECA associated area
(see 33 U.S.C. 1903).
    (ii) Fuel that conforms fully to the requirements of this part for
MVNRLM diesel fuel (including being designated as MVNRLM).
    (iii) Fuel used, or made available for use, in any diesel engines
not installed on a Category 3 marine vessel.
    Ecologically sensitive forestland means forestland that meets
either of the following criteria:
    (1) An ecological community with a global or state ranking of
critically imperiled, imperiled or rare pursuant to a State Natural
Heritage Program. For examples of such ecological communities, see
``Listing of Forest Ecological Communities Pursuant to 40 CFR 80.1401;
S1-S3 communities,'' which is number EPA-HQ-OAR-2005-0161-1034.1 in the
public docket, and ``Listing of Forest Ecological Communities Pursuant
to 40 CFR 80.1401; G1-G2 communities,'' which is number EPA-HQ-OAR-
2005-0161-2906.1 in the public docket. This material is available for
inspection at the EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW, Washington, DC. The telephone number for the Air
Docket is<PHONE_NUMBER>.
    (2) Old growth or late successional, characterized by trees at
least 200 years in age.
    End of day means 7 a.m. Coordinated Universal Time (UTC).
    Energy cane means a complex hybrid in the Saccharum genus that has
been bred to maximize cellulosic rather than sugar content. For the
purposes of this part:
    (1) Energy cane excludes the species Saccharum spontaneum, but may
include hybrids derived from S. spontaneum that have been developed and
publicly released by USDA; and
    (2) Energy cane only includes cultivars that have, on average, at
least 75% adjusted cellulosic content on a dry mass basis.
    EPA Moderated Transaction System (EMTS) means a closed, EPA
moderated system that provides a mechanism for screening and tracking
RINs under Sec.  80.1452.
    Existing agricultural land is cropland, pastureland, and land
enrolled in the Conservation Reserve Program (administered by the U.S.
Department of Agriculture's Farm Service Agency) that was cleared or
cultivated prior to December 19, 2007, and that, on December 19, 2007,
was:
    (1) Nonforested; and
    (2) Actively managed as agricultural land or fallow, as evidenced
by records which must be traceable to the land in question, which must
include one of the following:
    (i) Records of sales of planted crops, crop residue, or livestock,
or records of purchases for land treatments such as fertilizer, weed
control, or seeding.
    (ii) A written management plan for agricultural purposes.
    (iii) Documented participation in an agricultural management
program administered by a Federal, state, or local government agency.
    (iv) Documented management in accordance with a certification
program for agricultural products.
    Exporter of renewable fuel means all buyers, sellers, and owners of
the renewable fuel in any transaction that results in renewable fuel
being transferred from a covered location to a destination outside of
the covered locations.
    Facility means all of the activities and equipment associated with
the production of renewable fuel, biogas, treated biogas, RNG, or a
biointermediate--starting from the point of delivery of feedstock
material to the point of final storage of the end product--that are
located on one property and are under the control of the same person
(or persons under common control).
    Fallow means cropland, pastureland, or land enrolled in the
Conservation Reserve Program (administered by the U.S. Department of
Agriculture's Farm Service Agency) that is intentionally left idle to
regenerate for future agricultural purposes with no seeding or
planting, harvesting, mowing, or treatment during the fallow period.
    Feedstock aggregator means any person who collects feedstock from
feedstock suppliers or other feedstock aggregators and distributes such
feedstock to a renewable fuel producer, biointermediate producer, or
other feedstock aggregator.
    Feedstock supplier means any person who generates and supplies
feedstock to a feedstock aggregator, renewable fuel producer, biogas
producer, or biointermediate producer.
    Foreign biogas producer means any person who owns, leases,
operates, controls, or supervises a biogas production facility outside
of the United States.
    Foreign ethanol producer means a foreign renewable fuel producer
who produces ethanol for use in transportation fuel, heating oil, or
jet fuel but who does not add ethanol denaturant to their product as
specified in paragraph (2) of the definition of ``renewable fuel'' in
this section.
    Foreign renewable fuel producer means a person from a foreign
country or from an area outside the covered location who produces
renewable fuel for use in transportation fuel, heating oil, or jet fuel
for export to the covered location. Foreign ethanol producers are
considered foreign renewable fuel producers.
    Foreign RNG producer means any person who owns, leases, operates,
controls, or supervises an RNG production facility outside of the
United States.

    Forestland is generally undeveloped land covering a minimum area of
1 acre upon which the primary vegetative species are trees, including
land that formerly had such tree cover and that will be regenerated and
tree plantations. Tree-covered areas in intensive agricultural crop
production settings, such as fruit orchards, or tree-covered areas in
urban settings, such as city parks, are not considered forestland.
    Free fatty acid (FFA) feedstock means a biointermediate that is
composed of at least 50 percent free fatty acids. FFA feedstock must
not include any free fatty acids from the refining of crude palm oil.
    Fuel for use in an ocean-going vessel means, for this part only:
    (1) Any marine residual fuel (whether burned in ocean waters, Great
Lakes, or other internal waters);
    (2) Emission Control Area (ECA) marine fuel, pursuant to Sec.  80.2
and 40 CFR 1090.80 (whether burned in ocean waters, Great Lakes, or
other internal waters); and
    (3) Any other fuel intended for use only in ocean-going vessels.
    Gasoline means any of the following:
    (1) Any fuel sold in the United States for use in motor vehicles
and motor vehicle engines, and commonly or commercially known or sold
as gasoline.
    (2) For purposes of subpart M of this part, any and all of the
products specified at Sec.  80.1407(c).
    Gasoline blendstock or component means any liquid compound that is
blended with other liquid compounds to produce gasoline.
    Gasoline blendstock for oxygenate blending (BOB) has the meaning
given in 40 CFR 1090.80.
    Gasoline treated as blendstock (GTAB) means imported gasoline that
is excluded from an import facility's compliance calculations, but is
treated as blendstock in a related refinery that includes the GTAB in
its refinery compliance calculations.
    Glycerin means a coproduct from the production of biodiesel that
primarily contains glycerol.
    Heating oil means any of the following:
    (1) Any No. 1, No. 2, or non-petroleum diesel blend that is sold
for use in furnaces, boilers, and similar applications and which is
commonly or commercially known or sold as heating oil, fuel oil, and
similar trade names, and that is not jet fuel, kerosene, or MVNRLM
diesel fuel.
    (2) Any fuel oil that is used to heat or cool interior spaces of
homes or buildings to control ambient climate for human comfort. The
fuel oil must be liquid at STP and contain no more than 2.5% mass
solids.
    Importer means any person who imports transportation fuel or
renewable fuel into the covered location from an area outside of the
covered location.
    Independent third-party auditor means a party meeting the
requirements of Sec.  80.1471(b) that conducts QAP audits and verifies
RINs, biointermediates, or biogas.
    Interim period means the period between February 21, 2013, and
December 31, 2014.
    Jet fuel means any distillate fuel used, intended for use, or made
available for use in aircraft.
    Kerosene means any No.1 distillate fuel commonly or commercially
sold as kerosene.
    Liquefied petroleum gas (LPG) means a liquid hydrocarbon fuel that
is stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25 [deg]C and pressure =
1 atm), excluding natural gas.
    Locomotive engine means an engine used in a locomotive as defined
under 40 CFR 92.2.
    Marine engine has the meaning given in 40 CFR 1042.901.
    Membrane separation means the process of dehydrating ethanol to
fuel grade (>99.5% purity) using a hydrophilic membrane.
    Mixed digester means an anaerobic digester that has received
feedstocks under both an approved pathway with D code 3 or 7 and an
approved pathway with D code 5 during the current calendar month or the
previous two calendar months.
    Motor vehicle has the meaning given in Section 216(2) of the Clean
Air Act (42 U.S.C. 7550(2)).
    Municipal wastewater treatment facility digester means an anaerobic
digester that processes only municipal wastewater treatment plant
sludge with an adjusted cellulosic content of at least 75%.
    MVNRLM diesel fuel means any diesel fuel or other distillate fuel
that is used, intended for use, or made available for use in motor
vehicles or motor vehicle engines, or as a fuel in any nonroad diesel
engines, including locomotive and marine diesel engines, except the
following: Distillate fuel with a T90 at or above 700 [deg]F that is
used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel,
and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that
conforms to the requirements of MVNRLM diesel fuel is excluded from the
definition of ``ECA marine fuel'' in this section without regard to its
actual use). Use the distillation test method specified in 40 CFR
1065.1010 to determine the T90 of the fuel.
    (1) Any diesel fuel that is sold for use in stationary engines that
are required to meet the requirements of 40 CFR 1090.300, when such
provisions are applicable to nonroad engines, is considered MVNRLM
diesel fuel.
    (2) [Reserved]
    Nameplate capacity means the peak design capacity of a facility for
the purposes of registration of a facility under this part.
    Naphtha means a blendstock or fuel blending component falling
within the boiling range of gasoline, which is composed of only
hydrocarbons, is commonly or commercially known as naphtha, and is used
to produce gasoline or E85 (as defined in 40 CFR 1090.80) through
blending.
    Natural gas means a fuel whose primary constituent is methane.
Natural gas includes RNG.
    Natural gas commercial pipeline system means one or more connected
pipelines that transport natural gas that meets all the following:
    (1) The natural gas originates from multiple parties.
    (2) The natural gas meets specifications set by the pipeline owner
or operator.
    (3) The natural gas is delivered to multiple parties in the covered
location.
    Neat renewable fuel is a renewable fuel to which 1% or less of
gasoline (as defined in this section) or diesel fuel has been added.
    Non-ester renewable diesel or renewable diesel means renewable fuel
that is not a mono-alkyl ester and that is either:
    (1) A fuel or fuel additive that meets the Grade No. 1-D or No. 2-D
specification in ASTM D975 (incorporated by reference, see Sec.  80.12)
and can be used in an engine designed to operate on conventional diesel
fuel; or
    (2) A fuel or fuel additive that is registered under 40 CFR part 79
and can be used in an engine designed to operate using conventional
diesel fuel.
    Nonforested land means land that is not forestland.
    Non-petroleum diesel means a diesel fuel that contains at least 80
percent mono-alkyl esters of long chain fatty acids derived from
vegetable oils or animal fats.
    Non-qualifying fuel use means a use of renewable fuel in an
application other than transportation fuel, heating oil, or jet fuel.
    Non-renewable component means any material (or any portion thereof)
blended into biogas or RNG that does

not meet the definition of renewable biomass.
    Non-renewable feedstock means a feedstock (or any portion thereof)
that does not meet the definition of renewable biomass or
biointermediate.
    Non-RIN-generating foreign producer means a foreign renewable fuel
producer that has been registered by EPA to produce renewable fuel for
which RINs have not been generated.
    Nonroad diesel engine means an engine that is designed to operate
with diesel fuel that meets the definition of nonroad engine in 40 CFR
1068.30, including locomotive and marine diesel engines.
    Nonroad vehicle has the meaning given in Section 216(11) of the
Clean Air Act (42 U.S.C. 7550(11)).
    Obligated party means any refiner that produces gasoline or diesel
fuel within the covered location, or any importer that imports gasoline
or diesel fuel into the covered location, during a compliance period. A
party that simply blends renewable fuel into gasoline or diesel fuel,
as specified in Sec.  80.1407(c) or (e), is not an obligated party.
    Ocean-going vessel means vessels that are equipped with engines
meeting the definition of ``Category 3'' in 40 CFR 1042.901.
    Oxygenate means any substance which, when added to gasoline,
increases the oxygen content of that gasoline. Lawful use of any of the
substances or any combination of these substances requires that they be
``substantially similar'' under section 211(f)(1) of the Clean Air Act
(42 U.S.C. 7545(f)(1)), or be permitted under a waiver granted by EPA
under the authority of section 211(f)(4) of the Clean Air Act (42
U.S.C. 7545(f)(4)).
    Oxygenated gasoline means gasoline which contains a measurable
amount of oxygenate.
    Pastureland is land managed for the production of select indigenous
or introduced forage plants for livestock grazing or hay production,
and to prevent succession to other plant types.
    Permitted capacity means 105% of the maximum permissible volume
output of renewable fuel that is allowed under operating conditions
specified in the most restrictive of all applicable preconstruction,
construction and operating permits issued by regulatory authorities
(including local, regional, state or a foreign equivalent of a state,
and federal permits, or permits issued by foreign governmental
agencies) that govern the construction and/or operation of the
renewable fuel facility, based on an annual volume output on a calendar
year basis. If the permit specifies maximum rated volume output on an
hourly basis, then annual volume output is determined by multiplying
the hourly output by 8,322 hours per year.
    (1) For facilities that commenced construction prior to December
19, 2007, the permitted capacity is based on permits issued or revised
no later than December 19, 2007.
    (2) For facilities that commenced construction after December 19,
2007 and before January 1, 2010 that are fired with natural gas,
biomass, or a combination thereof, the permitted capacity is based on
permits issued or revised no later than December 31, 2009.
    (3) For facilities other than those specified in paragraphs (1) and
(2) of this definition, permitted capacity is based on the most recent
applicable permits.
    Pipeline interconnect means the physical injection or withdrawal
point where RNG is injected or withdrawn into or from the natural gas
commercial pipeline system.
    Planted crops are all annual or perennial agricultural crops from
existing agricultural land that may be used as feedstocks for renewable
fuel, such as grains, oilseeds, sugarcane, switchgrass, prairie grass,
duckweed, and other species (but not including algae species or planted
trees), providing that they were intentionally applied by humans to the
ground, a growth medium, a pond or tank, either by direct application
as seed or plant, or through intentional natural seeding or vegetative
propagation by mature plants introduced or left undisturbed for that
purpose.
    Planted trees are trees harvested from a tree plantation.
    Pre-commercial thinnings are trees, including unhealthy or diseased
trees, removed to reduce stocking to concentrate growth on more
desirable, healthy trees, or other vegetative material that is removed
to promote tree growth.
    Professional liability insurance means insurance coverage for
liability arising out of the performance of professional or business
duties related to a specific occupation, with coverage being tailored
to the needs of the specific occupation. Examples include abstracters,
accountants, insurance adjusters, architects, engineers, insurance
agents and brokers, lawyers, real estate agents, stockbrokers, and
veterinarians. For purposes of this definition, professional liability
insurance does not include directors and officers liability insurance.
    Q-RIN means a RIN verified by a registered independent third-party
auditor using a QAP that has been approved under 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 (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 (RFG) means any gasoline whose formulation
has been certified under 40 CFR 1090.1000(b), and which meets each of
the standards and requirements prescribed under 40 CFR 1090.220.
    Reformulated gasoline blendstock for oxygenate blending (RBOB)
means a petroleum product that, when blended with a specified type and
percentage of oxygenate, meets the definition of reformulated gasoline,
and to which the specified type and percentage of oxygenate is added
other than by the refiner or importer of the RBOB at the refinery or
import facility where the RBOB is produced or imported.
    Renewable biomass means each of the following (including any
incidental, de minimis contaminants that are impractical to remove and
are related to customary feedstock production and transport):
    (1) Planted crops and crop residue harvested from existing
agricultural land cleared or cultivated prior to December 19, 2007 and
that was nonforested and either actively managed or fallow on December
19, 2007.
    (2) Planted trees and tree residue from a tree plantation located
on non-federal land (including land belonging to an Indian tribe or an
Indian individual that is held in trust by the U.S. or subject to a
restriction against alienation imposed

by the U.S.) that was cleared at any time prior to December 19, 2007
and actively managed on December 19, 2007.
    (3) Animal waste material and animal byproducts.
    (4) Slash and pre-commercial thinnings from non-federal forestland
(including forestland belonging to an Indian tribe or an Indian
individual, that are held in trust by the United States or subject to a
restriction against alienation imposed by the United States) that is
not ecologically sensitive forestland.
    (5) Biomass (organic matter that is available on a renewable or
recurring basis) obtained from within 200 feet of buildings and other
areas regularly occupied by people, or of public infrastructure, in an
area at risk of wildfire.
    (6) Algae.
    (7) Separated yard waste or food waste, including recycled cooking
and trap grease.
    Renewable compressed natural gas or renewable CNG means biogas,
treated biogas, or RNG that is compressed for use as transportation
fuel and meets the definition of renewable fuel.
    Renewable electricity means electricity that meets the definition
of renewable fuel.
    Renewable fuel means a fuel that meets all the following
requirements:
    (1)(i) Fuel that is produced either from renewable biomass or from
a biointermediate produced from renewable biomass.
    (ii) Fuel that is used in the covered location to replace or reduce
the quantity of fossil fuel present in a transportation fuel, heating
oil, or jet fuel.
    (iii) Has lifecycle greenhouse gas emissions that are at least 20
percent less than baseline lifecycle greenhouse gas emissions, unless
the fuel is exempt from this requirement pursuant to 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 part.
    Renewable gasoline means renewable fuel produced from renewable
biomass that is composed of only hydrocarbons and that meets the
definition of gasoline.
    Renewable gasoline blendstock means a blendstock produced from
renewable biomass that is composed of only hydrocarbons and which meets
the definition of gasoline blendstock in 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,
treated biogas, or RNG that is liquified (i.e., it is cooled below its
boiling point) for use as transportation fuel and meets the definition
of renewable fuel.
    Renewable natural gas (RNG) means a product that meets all the
following requirements:
    (1) It is produced from biogas.
    (2) It does not require removal of additional components to be
suitable for injection into the natural gas commercial pipeline system.
    (3) It is used to produce renewable fuel.
    Residual fuel means a petroleum fuel that can only be used in
diesel engines if it is preheated before injection. For example, No. 5
fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note:
Residual fuels do not necessarily require heating for storage or
pumping.
    Responsible corporate officer (RCO) has the meaning given in 40 CFR
1090.80.
    Retail outlet means any establishment at which gasoline, diesel
fuel, natural gas or liquefied petroleum gas is sold or offered for
sale for use in motor vehicles or nonroad engines, including locomotive
or marine engines.
    Retailer means any person who owns, leases, operates, controls, or
supervises a retail outlet.
    RIN-generating foreign producer means a foreign renewable fuel
producer that has been registered by EPA to generate RINs for renewable
fuel it produces.
    RIN generator means any party allowed to generate RINs under this
part.
    RIN-less RNG means RNG produced by a foreign RNG producer and for
which RINs were not generated by the foreign RNG producer.
    RNG importer means any person who imports RNG into the covered
location and generates RINs for the RNG as specified in Sec.  80.125.
    RNG producer means any person who owns, leases, operates, controls,
or supervises an RNG production facility.
    RNG production facility means a facility where biogas is upgraded
to RNG under an approved pathway.
    RNG RIN separator means any person registered to separate RINs for
RNG under Sec.  80.125(d).
    RNG used as a feedstock or RNG as a feedstock means any RNG used to
produce renewable fuel under Sec.  80.125.
    Separated food waste means a feedstock stream consisting of food
waste kept separate since generation from other waste materials, and
which includes food and beverage production waste and post-consumer
food and beverage waste.
    Separated municipal solid waste or separated MSW means material
remaining after separation actions have been taken to remove recyclable
paper, cardboard, plastics, rubber, textiles, metals, and glass from
municipal solid waste, and which is composed of both cellulosic and
non-cellulosic materials.
    Separated RIN means a RIN with a K code of 2 that has been
separated from a volume of renewable fuel or RNG pursuant to Sec.
80.1429.
    Separated yard waste means a feedstock stream consisting of yard
waste kept separate since generation from other waste materials.
    Slash is the residue, including treetops, branches, and bark, left
on the ground after logging or accumulating as a result of a storm,
fire, delimbing, or other similar disturbance.
    Small refinery means a refinery for which the average aggregate
daily crude oil throughput (as determined by dividing the aggregate
throughput for the calendar year by the number of days in the calendar
year) does not exceed 75,000 barrels.
    Soapstock means an emulsion, or the oil obtained from separation of
that emulsion, produced by washing oils listed as a feedstock in an
approved pathway with water.
    Standard temperature and pressure (STP) means 60 degrees Fahrenheit
and 1 atmosphere of pressure.
    Transportation fuel means fuel for use in motor vehicles, motor
vehicle engines, nonroad vehicles, or nonroad engines (except fuel for
use in ocean-going vessels).
    Treated biogas means a product that meets all the following
requirements:
    (1) It is produced from biogas.
    (2) It does not require removal of additional components to be
suitable for its designated use (e.g., as a biointermediate or to
produce biogas-derived renewable fuel).
    (3) It is used in a biogas closed distribution system as a
biointermediate or to produce biogas-derived renewable fuel.

    Tree plantation is a stand of no less than 1 acre composed
primarily of trees established by hand- or machine-planting of a seed
or sapling, or by coppice growth from the stump or root of a tree that
was hand- or machine-planted. Tree plantations must have been cleared
prior to December 19, 2007 and must have been actively managed on
December 19, 2007, as evidenced by records which must be traceable to
the land in question, which must include:
    (1) Sales records for planted trees or tree residue together with
other written documentation connecting the land in question to these
purchases;
    (2) Purchasing records for seeds, seedlings, or other nursery stock
together with other written documentation connecting the land in
question to these purchases;
    (3) A written management plan for silvicultural purposes;
    (4) Documentation of participation in a silvicultural program
sponsored by a Federal, state, or local government agency;
    (5) Documentation of land management in accordance with an
agricultural or silvicultural product certification program;
    (6) An agreement for land management consultation with a
professional forester that identifies the land in question; or
    (7) Evidence of the existence and ongoing maintenance of a road
system or other physical infrastructure designed and maintained for
logging use, together with one of the above-mentioned documents.
    Tree residue is slash and any woody residue generated during the
processing of planted trees from tree plantations for use in lumber,
paper, furniture, or other applications, provided that such woody
residue is not mixed with similar residue from trees that do not
originate in tree plantations.
    Undenatured ethanol means a liquid that meets one of the
definitions in paragraph (1) of this definition:
    (1)(i) Ethanol that has not been denatured as required in 27 CFR
parts 19 through 21.
    (ii) Specially denatured alcohol as defined in 27 CFR 21.11.
    (2) Undenatured ethanol is not renewable fuel.
    United States has the meaning given in 40 CFR 1090.80.
    Verification status means a description of whether biogas, treated
biogas, RNG, or a RIN has been verified under an EPA-approved quality
assurance plan.
    Verified RIN means a RIN generated by a renewable fuel producer
that was subject to a QAP audit executed by an independent third-party
auditor, and determined by the independent third-party auditor to be
valid. Verified RINs includes A-RINs, B-RINs, and Q-RINs.
    Wholesale purchaser-consumer means any person that is an ultimate
consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum
gas and which purchases or obtains gasoline, diesel fuel, natural gas
or liquefied petroleum gas from a supplier for use in motor vehicles or
nonroad engines, including locomotive or marine engines and, in the
case of gasoline, diesel fuel, or liquefied petroleum gas, receives
delivery of that product into a storage tank of at least 550-gallon
capacity substantially under the control of that person.

0
3. Add Sec.  80.3 to read as follows:

Sec.  80.3  Acronyms and abbreviations.

------------------------------------------------------------------------

------------------------------------------------------------------------
AB................................  Advanced biofuel.
APHA..............................  American Public Health Association.
API...............................  American Petroleum Institute.
ASTM..............................  ASTM International.
BBD...............................  Biomass-based diesel.
BMP...............................  Best management practices.
BOB...............................  Gasoline before oxygenate blending.
CAA...............................  Clean Air Act.
CB................................  Cellulosic biofuel.
CBOB..............................  Conventional gasoline before
                                     oxygenate blending.
CF................................  Converted fraction.
CG................................  Conventional gasoline.
CHP...............................  Combined heat and power.
CNG...............................  Compressed natural gas.
CPI-U.............................  Consumer Price Index for All Urban
                                     Consumers.
ECA...............................  Emission Control Area.
EDRR..............................  Early detection and rapid response.
EIA...............................  Energy Information Administration.
EMTS..............................  EPA Moderated Transaction System.
EPA...............................  Environmental Protection Agency.
EqV...............................  Equivalence value.
ERVO..............................  Exporter renewable volume
                                     obligation.
FE................................  Feedstock energy.
FFA...............................  Free-fatty acid.
GC................................  Gas chromatography.
GHG...............................  Greenhouse gas.
GTAB..............................  Gasoline treated as blendstock.
HACCP.............................  Hazard Analysis Critical Control
                                     Point.
HHV...............................  Higher heating value.
IBR...............................  Incorporation by reference.
ID................................  Identification.
kWh...............................  Kilowatt-hour.
LE................................  Limited exemption.
LHV...............................  Lower heating value.
LNG...............................  Liquified natural gas.
MSW...............................  Municipal solid waste.
MVNRLM............................  Motor vehicle, nonroad, locomotive,
                                     or marine.
NARA..............................  National Archives and Records
                                     Administration.
NTDF..............................  Non-transportation 15 ppm distillate
                                     fuel.
PIR...............................  Potentially invalid RIN.
PM10..............................  Particulate matter generally 10
                                     micrometers or smaller.
PM2.5.............................  Particulate matter generally 2.5
                                     micrometers or smaller.
PTD...............................  Product transfer document.
QAP...............................  Quality assurance plan.
RBOB..............................  Reformulated gasoline before
                                     oxygenate blending.
RCO...............................  Responsible corporate officer.
RF................................  Renewable fuel.
RFS...............................  Renewable Fuel Standard.
RFS-FRRF..........................  RFS foreign refiner renewable fuel.
RIN...............................  Renewable identification number.
RNG...............................  Renewable natural gas.
RVO...............................  Renewable volume obligation.
STP...............................  Standard temperature and pressure.
U.S...............................  United States.
ULSD..............................  Ultra-low-sulfur diesel fuel.
USDA..............................  United States Department of
                                     Agriculture.
UTC...............................  Coordinated Universal Time.
VCSB..............................  Voluntary consensus standards body.
------------------------------------------------------------------------

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.  80.8 to read as follows:

Sec.  80.8  Sampling methods for gasoline, diesel fuel, fuel additives,
and renewable fuels.

    (a) Manual sampling. Manual sampling of tanks and pipelines shall
be performed according to the applicable procedures specified in ASTM
D4057 (incorporated by reference, see Sec.  80.12).
    (b) Automatic sampling. Automatic sampling of petroleum products in
pipelines shall be performed according to the applicable procedures
specified in ASTM D4177 (incorporated by reference, see Sec.  80.12).
    (c) Sampling and sample handling for volatility measurement.
Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected
and handled according to the applicable procedures specified in ASTM
D5842 (incorporated by reference, see Sec.  80.12).
    (d) Sample compositing. Composite samples shall be prepared using
the applicable procedures specified in ASTM D5854 (incorporated by
reference, see Sec.  80.12).

0
7. 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.

0
8. Add Sec.  80.12 to subpart A to read as follows:

Sec.  80.12  Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at U.S. EPA and at the National
Archives and Records Administration (NARA). Contact U.S. EPA at: U.S.
EPA, Air and Radiation Docket and Information Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460;
(202) 566-1742. For information on the availability of this material at
NARA, visit: www.archives.gov/federal-register/cfr/ibr-locations.html
or email [email protected]. The material may be obtained from the
following sources:
    (a) 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, May
2016 (``API MPMS 14.1''); IBR approved for Sec.  80.155(b).
    (2) API MPMS 14.3.1-2012, Manual of Petroleum Measurement Standards
Chapter 14.3.1--Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids--Concentric, Square[hyphen]edged Orifice Meters Part
1: General Equations and Uncertainty Guidelines, 4th Edition, including
Errata July 2013, Reaffirmed, July 2022 (``API MPMS 14.3.1''); IBR
approved for Sec.  80.155(a).
    (3) API MPMS 14.3.2-2016, Manual of Petroleum Measurement Standards
Chapter 14.3.2--Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids--Concentric, Square[hyphen]edged Orifice Meters Part
2: Specification and Installation Requirements, 5th Edition, March 2016
(``API MPMS 14.3.2''); IBR approved for Sec.  80.155(a).
    (4) API MPMS 14.3.3-2013, Manual of Petroleum Measurement Standards
Chapter 14.3.3--Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids--Concentric, Square[hyphen]edged Orifice Meters Part
3: Natural Gas Applications, 4th Edition, Reaffirmed, June 2021 (``API
MPMS 14.3.3''); IBR approved for Sec.  80.155(a).
    (5) API MPMS 14.3.4-2019, Manual of Petroleum Measurement Standards
Chapter 14.3.4--Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids--Concentric, Square[hyphen]edged Orifice Meters Part
4--Background, Development, Implementation Procedure, and Example
Calculations, 4th Edition, October 2019 (``API MPMS 14.3.4''); IBR
approved for Sec.  80.155(a).
    (6) API MPMS 14.12-2017, Manual of Petroleum Measurement Standards
Chapter 14--Natural Gas Fluid Measurement Section 12--Measurement of
Gas by Vortex Meters, 1st Edition, March 2017 (``API MPMS 14.12''); IBR
approved for Sec.  80.155(a).

    Note 1 to paragraph (a): API MPMS 14.3.1, 14.3.2, 14.3.3, and
141.3.4, are co-published as AGA Report 3, Parts 1, 2, 3, and 4,
respectively.

    (b) American Public Health Association (APHA), 1015 15th Street NW,
Washington, DC 20005;<PHONE_NUMBER>; www.standardmethods.org.
    (1) SM 2540, revised June 10, 2020; IBR approved for Sec.
80.155(c).
    (2) [Reserved]
    (c) 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 (Reapproved 2017)e1, Standard Practice for
Calculating Heat Value, Compressibility Factor, and Relative Density of
Gaseous Fuels, approved April 1, 2017 (``ASTM D3588''); IBR approved
for Sec.  80.155(b) and (f).
    (4) ASTM D4057-12, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved December 1, 2012 (``ASTM
D4057''); IBR approved for Sec.  80.8(a).
    (5) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, approved May 1,
2010 (``ASTM D4177''); IBR approved for Sec.  80.8(b).
    (6) ASTM D4442-20, Standard Test Methods for Direct Moisture
Content Measurement of Wood and Wood-Based Materials, approved March 1,
2020 (``ASTM D4442''); IBR approved for Sec.  80.1426(f).
    (7) ASTM D4444-13 (Reapproved 2018), Standard Test Method for
Laboratory Standardization and Calibration of Hand-Held Moisture
Meters, reapproved July 1, 2018 (``ASTM D4444''); IBR approved for
Sec.  80.1426(f).
    (8) ASTM D4888-20, Standard Test Method for Water Vapor in Natural
Gas Using Length-of-Stain Detector Tubes, approved December 15, 2020
(``ASTM D4888''); IBR approved for Sec.  80.155(b).
    (9) ASTM D5504-20, Standard Test Method for Determination of Sulfur
Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and
Chemiluminescence, approved

November 1, 2020 (``ASTM D5504''); IBR approved for Sec.  80.155(b).
    (10) ASTM D5842-14, Standard Practice for Sampling and Handling of
Fuels for Volatility Measurement, approved January 15, 2014 (``ASTM
D5842''); IBR approved for Sec.  80.8(c).
    (11) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing
and Handling of Liquid Samples of Petroleum and Petroleum Products,
approved May 1, 2010 (``ASTM D5854''); IBR approved for Sec.  80.8(d).
    (12) 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.
    (13) ASTM D6866-22, Standard Test Methods for Determining the
Biobased Content of Solid, Liquid, and Gaseous Samples Using
Radiocarbon Analysis, approved March 15, 2022 (``ASTM D6866''); IBR
approved for Sec. Sec.  80.155(b); 80.1426(f); 80.1430(e).
    (14) ASTM D7164-21, Standard Practice for On-line/At-line Heating
Value Determination of Gaseous Fuels by Gas Chromatography, approved
April 1, 2021 (``ASTM D7164''); IBR approved for Sec.  80.155(a).
    (15) ASTM D8230-19, Standard Test Method for Measurement of
Volatile Silicon-Containing Compounds in a Gaseous Fuel Sample Using
Gas Chromatography with Spectroscopic Detection, approved June 1, 2019
(``ASTM D8230''); IBR approved for Sec.  80.155(b).
    (16) ASTM E711-87 (Reapproved 2004), Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter,
reapproved 2004 (``ASTM E711''); IBR approved for Sec.  80.1426(f).
    (17) ASTM E870-82 (Reapproved 2019), Standard Test Methods for
Analysis of Wood Fuels, reapproved April 1, 2019 (``ASTM E870''); IBR
approved for Sec.  80.1426(f).
    (d) European Committee for Standardization (CEN), Rue de la Science
23, B-1040 Brussels, Belgium; + 32 2 550 08 11; www.cencenelec.eu.
    (1) EN 17526:2021(E), Gas meter--Thermal-mass flow-meter based gas
meter, approved July 11, 2021 (``EN 17526''); IBR approved for Sec.
80.155(a).
    (2) [Reserved]

0
9. Add subpart E, consisting of Sec. Sec.  80.100 through 80.185, to
read as follows:
Subpart E--Biogas-Derived Renewable Fuel
Sec.
80.100 Scope and application.
80.105 Biogas producers.
80.110 RNG producers, RNG importers, and biogas closed distribution
system RIN generators.
80.115 RNG RIN separators.
80.120 Parties that use biogas as a biointermediate or RNG as a
feedstock or as process heat or energy.
80.125 RINs for RNG.
80.130 RINs for renewable CNG/LNG from a biogas closed distribution
system.
80.135 Registration.
80.140 Reporting.
80.145 Recordkeeping.
80.150 Product transfer documents.
80.155 Sampling, testing, and measurement.
80.160 RNG importers, foreign biogas producers, and foreign RNG
producers.
80.165 Attest engagements.
80.170 Quality assurance plan.
80.175 Prohibited acts and liability provisions.
80.180 Affirmative defense provisions.
80.185 Potentially invalid RINs.

Sec.  80.100  Scope and application.

    (a) Applicability.
    (1) The provisions of this subpart E apply to all the following:
    (i) Biogas.
    (ii) Treated biogas.
    (iii) Biogas-derived renewable fuel.
    (iv) RNG used to produce a biogas-derived renewable fuel.
    (v) RINs generated for RNG or a biogas-derived renewable fuel.
    (2) This subpart also specifies requirements for specified parties
that engage in activities associated with the production, distribution,
transfer, or use of biogas, treated biogas, biogas-derived renewable
fuel, RNG used to produce a biogas-derived renewable fuel, and RINs
generated for a biogas-derived renewable fuel under the RFS program.
    (b) Relationship to other fuels regulations. (1) The provisions of
subpart M of this part also apply to the parties and products regulated
under this subpart E.
    (2) The provisions of 40 CFR part 1090 include provisions that may
apply to the parties and products regulated under this subpart E.
    (3) Parties and products subject to this subpart E may need to
register a fuel or fuel additive under 40 CFR part 79.
    (c) Geographic scope. RINs must only be generated for biogas-
derived renewable fuel used in the covered location.
    (d) Implementation dates. (1) General. The provisions of this
subpart E apply beginning July 1, 2024, unless otherwise specified.
    (2) Registration. (i) Parties not registered to generate RINs under
Sec.  80.1426(f)(10)(ii) or (11)(ii) prior to July 1, 2024, must
register with EPA under Sec.  80.135. EPA will not accept registration
submissions for the generation of RINs under Sec.  80.1426(f)(10)(ii)
and (11)(ii) on or after July 1, 2024.
    (ii) Parties registered to generate RINs under Sec.
80.1426(f)(10)(ii) or (11)(ii) must submit updated registration
information under Sec.  80.135 no later than October 1, 2024.
    (iii) Independent third-party engineers may conduct engineering
reviews for parties required to register under Sec.  80.135 prior to
July 1, 2024, as long as the engineering review satisfies all
applicable requirements under Sec. Sec.  80.135 and 80.1450.
    (3) Generation of RINs for RNG. RNG producers may only generate
RINs for RNG produced on or after July 1, 2024, as specified in Sec.
80.125.
    (4) Generation of RINs for renewable CNG/LNG for previously
registered facilities. (i)(A) Prior to January 1, 2025, RIN generators
may generate RINs as specified in Sec.  80.1426(f)(10)(ii) or (11)(ii)
for renewable CNG/LNG produced from a facility covered by a
registration accepted by EPA under Sec.  80.1450(b) prior to July 1,
2024.
    (B) Biogas or RNG produced under a registration accepted by EPA
under Sec.  80.1450(b) for the generation of RINs as specified in Sec.
80.1426(f)(10)(ii) or (11)(ii) prior to July 1, 2024, may only be used
to generate RINs for renewable CNG/LNG.
    (ii) For biogas produced on or after January 1, 2025, biogas closed
distribution system RIN generators must generate RINs for renewable
CNG/LNG as specified in Sec.  80.130.
    (5) Generation of RINs for renewable fuel produced from biogas used
as a biointermediate. Renewable fuel producers must only generate RINs
for renewable fuel produced from biogas used as a biointermediate
produced on or after July 1, 2024.

Sec.  80.105  Biogas producers.

    (a) General requirements. (1) Any biogas producer that produces
biogas for use to produce RNG or a biogas-derived renewable fuel, or
that produces biogas used as a biointermediate, must comply with the
requirements of this section.
    (2) The biogas producer must also comply with all other applicable
requirements of this part and 40 CFR part 1090.
    (3) If the biogas producer meets the definition of more than one
type of regulated party under this part or 40 CFR part 1090, the biogas
producer must comply with the requirements applicable to each of those
types of regulated parties.
    (4) The biogas producer must comply with all applicable
requirements of this part, regardless of whether the requirements are
identified in this section.

    (b) Registration. The biogas producer must register with EPA under
Sec. Sec.  80.135, 80.1450, and 40 CFR part 1090, subpart I, as
applicable.
    (c) Reporting. The biogas producer must submit reports to EPA under
Sec. Sec.  80.140 and 80.1451, as applicable.
    (d) Recordkeeping. The biogas producer must create and maintain
records under Sec. Sec.  80.145 and 80.1454.
    (e) PTDs. On each occasion when the biogas producer transfers title
of any biogas, the transferor must provide to the transferee PTDs under
Sec.  80.150.
    (f) Sampling, testing, and measurement.
    (1) All sampling, testing, and measurements must be done in
accordance with Sec.  80.155.
    (2)(i) A biogas producer must measure the volume of biogas, in Btu
HHV, prior to converting biogas to any of the following:
    (A) RNG.
    (B) Treated biogas.
    (C) Biointermediate.
    (D) Biogas-derived renewable fuel.
    (E) Process heat or energy under Sec.  80.1426(f)(12) or (13).
    (ii) Except for biogas produced from a mixed digester, a biogas
producer must measure the volume of biogas, in Btu HHV, for each batch
pathway prior to mixing with biogas produced under a different batch
pathway or with non-qualifying gas.
    (iii) For biogas produced from a mixed digester, a biogas producer
must do all the following for each mixed digester:
    (A) Measure the volume of biogas, in Btu HHV, prior to mixing with
any other gas.
    (B) Measure the daily mass of the cellulosic biogas feedstock, in
pounds, added to the mixed digester.
    (C) Collect a daily representative sample of each cellulosic biogas
feedstock and test for total solids and volatile solids as specified in
Sec.  80.155(c).
    (D) Measure and calculate the digester operating conditions as
specified in Sec.  80.155(d).
    (iv) A biogas producer must measure each volume of gas containing
biogas, in Btu HHV, that leaves the facility.
    (g) Foreign biogas producer requirements. A foreign biogas producer
must meet all the requirements that apply to a biogas producer under
this part, as well as the additional requirements for foreign biogas
producers specified in Sec.  80.160.
    (h) Attest engagements. The biogas producer must submit annual
attest engagement reports to EPA under Sec. Sec.  80.165 and 80.1464
using procedures specified in 40 CFR 1090.1800 and 1090.1805.
    (i) QAP. Prior to the generation of Q-RINs for a biogas-derived
renewable fuel, the biogas producer must meet all applicable
requirements specified in Sec.  80.170.
    (j) Batches. (1) Except for biogas produced from a mixed digester,
the batch volume of biogas is the volume of biogas measured under
paragraph (f) of this section for a single batch pathway at a single
facility for a calendar month, in Btu HHV.
    (2) For biogas produced from a mixed digester, the batch volume of
biogas must be calculated as follows:
    (i) The batch volume of biogas produced under an approved pathway
with a D code of 5 must be calculated as follows:

VBG,D5 = VBG-VBG,D3/7

Where:

    VBG,D5 = The batch volume of biogas for an approved
pathway with a D code of 5 for the calendar month, in Btu HHV. If
the result of this equation is negative, then VBG,D5,p
equals 0.
VBG = The total volume of biogas produced by the mixed
digester for the calendar month, in Btu HHV, as measured under
paragraph (f)(2)(iii)(A) of this section.
VBG,D3/7 = The total batch volume of biogas produced
under approved pathways with a D code of 3 or 7 for the calendar
month, in Btu HHV, per paragraph (j)(2)(ii) of this section.

    (ii) The batch volume of biogas produced under an approved pathway
with a D code of 3 or 7 must be calculated as follows:

VBG,D3/7,p = BED3/7,i
VBG,D3/7,p = The batch volume of biogas for batch pathway
p with a D code of 3 or 7 for the calendar month, in Btu HHV.
BED3/7,i = The total energy from cellulosic biogas
feedstock i that forms energy in the biogas and whose batch pathway
has been assigned a D code of 3 or 7 for the calendar month, in Btu
HHV, per paragraph (j)(2)(iii) of this section.

    (iii) The biogas energy value for each cellulosic biogas feedstock
must be calculated as follows:

BED3/7,i,j = Mi,j * TSi,j *
VSi,j * CFi,j

Where:

BED3/7,i,j = The amount of energy from cellulosic biogas
feedstock i that forms energy in the biogas and whose batch pathway
has been assigned a D code of 3 or 7 on day j, in Btu HHV.
Mi,j = Mass of cellulosic biogas feedstock i, in pounds,
measured on day j, per paragraph (f)(2)(iii)(B) of this section.
TSi,j = Total solids of cellulosic biogas feedstock i, as
a mass fraction, in pounds total solids per pound feedstock, for the
sample obtained on day j, per paragraph (f)(2)(iii)(C) of this
section. If sample results are not available, then TSi,j
equals 0.
VSi,j = Volatile solids of cellulosic biogas feedstock i,
as a mass fraction, in pounds volatile solids per pound total
solids, for the sample obtained on day j, per paragraph
(f)(2)(iii)(C) of this section. If sample results are not available,
then VSi,j equals 0.
CFi,j = Converted fraction in annual average Btu HHV/lb,
representing the portion of cellulosic biogas feedstock i that is
converted to biomethane by the producer on day j, per paragraph
(j)(2)(iv) of this section. If data for digester operating
conditions required under paragraph (f)(2)(iii)(D) of this section
are outside the range of operating conditions specified in paragraph
(j)(2)(v) of this section or such data to determine the operating
conditions does not meet the requirements in Sec.  80.155(d), then
CFi,j equals 0.

    (iv) Biogas producers must use one of the following cellulosic
conversion factors, as applicable:
    (A) Swine manure: 1,936 Btu HHV/lb.
    (B) Bovine manure: 2,077 Btu HHV/lb.
    (C) Chicken manure: 3,001 Btu HHV/lb.
    (D) Municipal wastewater treatment sludge: 3,479 Btu HHV/lb.
    (E) A cellulosic conversion factor accepted at registration under
Sec.  80.135(c)(10)(vi).
    (v) Applicable operating conditions for the cellulosic converted
fractions specified in paragraph (j)(2)(iv) of this section are the
following:
    (A) For the cellulosic converted fraction values specified in
paragraphs (j)(2)(iv)(A) through (D) of this section, the mixed
digester must continuously operate above 95 degrees Fahrenheit with
hydraulic and solids mean residence times greater than 20 days.
    (B) For the cellulosic converted fraction value specified in
paragraph (j)(2)(iv)(E) of this section, the mixed digester must
operate according to the conditions accepted at registration under
Sec.  80.135(c)(10)(vi)(A)(4).
    (3) The biogas producer must assign a number (the ``batch number'')
to each batch of biogas consisting of their EPA-issued company
registration number, the EPA-issued facility registration number, the
last two digits of the calendar year in which the batch was produced,
and a unique number for the batch, beginning with the number one for
the first batch produced each calendar year and each subsequent batch
during the calendar year being assigned the next sequential number
(e.g., 4321-54321-23-000001, 4321-54321-23-000002, etc.).
    (k) Limitations. (1) For each biogas production facility, the
biogas producer must only supply biogas for only one of the following
uses:
    (i) Production of renewable CNG/LNG via a biogas closed
distribution system.
    (ii) As a biointermediate via a biogas closed distribution system.

    (iii) Production of RNG.
    (2) For each biogas production facility producing biogas for use as
a biointermediate in a biogas closed distribution system, the biogas
producer must only supply biogas or treated biogas to a single
renewable fuel production facility.
    (3) If the biogas producer operates a municipal wastewater
treatment facility digester, the biogas producer must not introduce any
feedstocks into that digester that do not contain at least 75% average
adjusted cellulosic content.
    (4) The transfer and batch segregation limits specified in Sec.
80.1476(g) do not apply.

Sec.  80.110  RNG producers, RNG importers, and biogas closed
distribution system RIN generators.

    (a) General requirements. (1) Any RNG producer, RNG importer, or
biogas closed distribution system RIN generator that generates RINs
must comply with the requirements of this section.
    (2) The RNG producer, RNG importer, or biogas closed distribution
system RIN generator must also comply with all other applicable
requirements of this part and 40 CFR part 1090.
    (3) If the RNG producer, RNG importer, or biogas closed
distribution system RIN generator meets the definition of more than one
type of regulated party under this part or 40 CFR 1090, the RNG
producer, RNG importer, or biogas closed distribution system RIN
generator must comply with the requirements applicable to each of those
types of regulated parties.
    (4) The RNG producer, RNG importer, or biogas closed distribution
system RIN generator must comply with all applicable requirements of
this part, regardless of whether the requirements are identified in
this section.
    (5) The transfer and batch segregation limits specified in 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.  80.135, 80.1450, and 40 CFR part 1090, subpart I, as
applicable.
    (c) Reporting. The RNG producer, RNG importer, or biogas closed
distribution system RIN generator must submit reports to EPA under
Sec. Sec.  80.140, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The RNG producer, RNG importer, or biogas closed
distribution system RIN generator must create and maintain records
under Sec. Sec.  80.145 and 80.1454.
    (e) PTDs. On each occasion when the RNG producer, RNG importer, or
biogas closed distribution system RIN generator transfers RNG,
renewable fuel, or RINs to another party, the transferor must provide
to the transferee PTDs under Sec. Sec.  80.150 and 80.1453, as
applicable.
    (f) Sampling, testing, and measurement. (1) All sampling, testing,
and measurements must be done in accordance with Sec.  80.155.
    (2)(i) An RNG producer must measure the volume of RNG, in Btu LHV,
prior to injection of RNG from the RNG production facility into a
natural gas commercial pipeline system.
    (ii) An RNG producer that trucks RNG from the RNG production
facility to a pipeline interconnect must measure the volume of RNG, in
Btu LHV, upon loading and unloading of each truck.
    (iii) An RNG producer that injects RNG from an RNG production
facility into a natural gas commercial pipeline system must sample and
test a representative sample of all the following at least once per
calendar year, as applicable:
    (A) Biogas used to produce RNG.
    (B) RNG before blending with non-renewable components.
    (C) RNG after blending with non-renewable components.
    (iv) A party that upgrades biogas to treated biogas must separately
measure all the following, as applicable:
    (A) The volume of biogas, in Btu HHV, used to produce treated
biogas, a biogas-derived renewable fuel, or as a biointermediate.
    (B) The volume of treated biogas, in Btu HHV, prior to addition of
any non-renewable components.
    (C) The volume of biointermediate or biogas-derived renewable fuel
produced from the biogas or treated biogas. If the biogas-derived
renewable fuel is renewable CNG/LNG, then this volume must be measured
in both Btu HHV and Btu LHV.
    (3) A biogas closed distribution RIN generator must measure
renewable CNG/LNG in Btu LHV.
    (g) Foreign RNG producer, RNG importer, and foreign biogas closed
distribution system RIN generator requirements. (1)(i) A foreign RNG
producer must meet all the requirements that apply to an RNG producer
under this part, as well as the additional requirements for foreign RNG
producers specified in Sec.  80.160.
    (ii) A foreign RNG producer must either generate RINs under Sec.
80.125 or enter into a contract with an RNG importer as specified in
Sec.  80.160(e).
    (2) An RNG importer must meet all the requirements specified in
Sec.  80.160(h).
    (3) A foreign biogas closed distribution system RIN generator must
meet all the requirements that apply to a biogas closed distribution
system RIN generator under this part, as well as the additional
requirements for foreign biogas closed distribution system RIN
generators specified in Sec.  80.160 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.  80.165 and 80.1464 using
procedures specified in 40 CFR 1090.1800 and 1090.1805.
    (i) QAP. Prior to the generation of a Q-RIN for RNG or biogas-
derived renewable fuel, the RNG producer, RNG importer, or biogas
closed distribution system RIN generator must meet all applicable
requirements specified in Sec.  80.170.
    (j) Batches. (1) A batch of RNG is the total volume of RNG produced
at an RNG production facility under a single batch pathway for the
calendar month, in Btu LHV, as determined under paragraph (j)(4) of
this section.
    (2) A batch of biogas-derived renewable fuel must comply with the
requirements specified in 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) The batch volume of RNG must be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR12JY23.006

Where:

VRNG,p = The batch volume of RNG for batch pathway p, in
Btu LHV.
VNG = The total volume of natural gas produced at the RNG
production facility for the calendar month, in Btu LHV, as measured
under Sec.  80.155.
VBG,p = The total volume of biogas used to produce RNG
under batch pathway p for the calendar month, in Btu HHV, per Sec.
80.105(j).
VBG,total = The total volume of biogas used to produce
RNG under all batch pathways for the calendar month, in Btu HHV, per
Sec.  80.105(j).

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.  80.115  RNG RIN separators.

    (a) General requirements. (1) Any RNG RIN separator must comply
with the requirements of this section.
    (2) The RNG RIN separator must also comply with all other
applicable requirements of this part and 40 CFR part 1090.
    (3) If the RNG RIN separator meets the definition of more than one
type of regulated party under this part or 40 CFR 1090, the RNG RIN
separator must comply with the requirements applicable to each of those
types of regulated parties.
    (4) The RNG RIN separator must comply with all applicable
requirements of this part, regardless of whether the requirements are
identified in this section.
    (b) Registration. (1) The RNG RIN separator must register with EPA
under Sec. Sec.  80.135, 80.1450, and 40 CFR part 1090, subpart I, as
applicable.
    (2) A dispensing location may only be included in one RNG RIN
separator's registration at a time.
    (c) Reporting. The RNG RIN separator must submit reports to EPA
under Sec. Sec.  80.140, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The RNG RIN separator must create and maintain
records under Sec. Sec.  80.145 and 80.1454.
    (e) PTDs. On each occasion when the RNG RIN separator transfers
title of renewable fuel and RINs to another party, the transferor must
provide to the transferee PTDs under Sec.  80.1453.
    (f) Measurement. (1) All measurements must be done in accordance
with Sec.  80.155.
    (2) An RNG RIN separator must measure the volume of natural gas, in
Btu LHV, withdrawn from the natural gas commercial pipeline system.
    (g) Attest engagements. The RNG RIN separator must submit annual
attest engagement reports to EPA under Sec. Sec.  80.165 and 80.1464
using procedures specified in 40 CFR 1090.1800 and 1090.1805.

Sec.  80.120  Parties that use biogas as a biointermediate or RNG as a
feedstock or as process heat or energy.

    (a) General requirements. (1) Any renewable fuel producer that uses
biogas as a biointermediate or RNG as a feedstock or as process heat or
energy under Sec.  80.1426(f)(12) or (13) must comply with the
requirements of this section.
    (2) The renewable fuel producer must also comply with all other
applicable requirements of this part and 40 CFR part 1090.
    (3) If the renewable fuel producer meets the definition of more
than one type of regulated party under this part or 40 CFR 1090, the
renewable fuel producer must comply with the requirements applicable to
each of those types of regulated parties.
    (4) The renewable fuel producer must comply with all applicable
requirements of this part, regardless of whether they are identified in
this section.
    (5) The transfer and batch segregation limits specified in Sec.
80.1476(g) do not apply.
    (b) Registration. The renewable fuel producer must register with
EPA under Sec. Sec.  80.135, 80.1450, and 40 CFR part 1090, subpart I,
as applicable.
    (c) Reporting. The renewable fuel producer must submit reports to
EPA under Sec. Sec.  80.140, 80.1451, and 80.1452, as applicable.
    (d) Recordkeeping. The renewable fuel producer must create and
maintain records under Sec. Sec.  80.145 and 80.1454.
    (e) PTDs. On each occasion when the renewable fuel producer
transfers title of biogas-derived renewable fuel and RINs to another
party, the transferor must provide to the transferee PTDs under
Sec. Sec.  80.150 and 80.1453.
    (f) Measurement. (1) All measurements must be done in accordance
with Sec.  80.155.
    (2) A renewable fuel producer must measure the volume of natural
gas, in Btu LHV, withdrawn from the natural gas commercial pipeline
system.
    (g) Attest engagements. The renewable fuel producer must submit
annual attest engagement reports to EPA under Sec. Sec.  80.165 and
80.1464 using procedures specified in 40 CFR 1090.1800 and 1090.1805.
    (h) QAP. Prior to the generation of a Q-RIN for biogas-derived
renewable fuel produced from biogas used as a biointermediate or RNG
used as a feedstock, the renewable fuel producer must meet all
applicable requirements specified in Sec.  80.170.

Sec.  80.125  RINs for RNG.

    (a) General requirements. (1) Any party that generates, assigns,
transfers, receives, separates, or retires RINs for RNG must comply
with the requirements of this section.
    (2) Any party that transacts RINs for RNG under this section must
transact the RINs as specified in 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.
80.135.
    (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.  80.155 to determine the heating value of RNG for the generation
of RINs.
    (6) The number of RINs generated for a batch volume of RNG under
each batch pathway must be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR12JY23.007

Where:

RINRNG,p = The number of RINs generated for a batch of
RNG under batch pathway p, in gallon-RINs.
VRNG,p = The batch volume of RNG for batch pathway p, in
Btu LHV, per Sec.  80.110(j)(4).
EqVRNG = The equivalence value for RNG, in Btu LHV 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 LHV, must not be greater than the lesser of the
total loading or unloading volume measurement for the month, in Btu
LHV, as required under Sec.  80.110(f)(2)(ii).
    (9) Renewable fuel producers that retire RINs for RNG used as a
feedstock under paragraph (e) of this section may only generate RINs
for the renewable fuel produced from RNG if all applicable requirements
under this part are met.
    (c) RIN assignment and transfer. (1) RNG producers must assign the
RINs generated for a batch of RNG to the specific volume of RNG
injected into the natural gas commercial pipeline system.
    (2) Except as specified in paragraph (c)(1) of this section, no
party may assign a RIN to a volume of RNG.
    (3) Each party that transfers title of a volume of RNG to another
party must

transfer title of any assigned RINs for the volume of RNG to the
transferee.
    (d) RIN separation. (1) Only the following parties may separate a
RIN from RNG:
    (i) The party that withdrew the RNG from the natural gas commercial
pipeline system.
    (ii) The party that produced or oversaw the production of the
renewable CNG/LNG from the RNG.
    (iii) The party that used or dispensed for use the renewable CNG/
LNG as transportation fuel.
    (2) An RNG RIN separator must only separate a RIN from RNG if all
the following requirements are met:
    (i) The RNG used to produce the renewable CNG/LNG was measured
using the procedures specified in Sec.  80.155.
    (ii) The RNG RIN separator has the following documentation
demonstrating that the volume of renewable CNG/LNG was used as
transportation fuel:
    (A) If the RNG RIN separator sold or used the renewable CNG/LNG,
records demonstrating the date, location, and volume of renewable CNG/
LNG sold or used as transportation fuel.
    (B) If the RNG RIN separator is relying on documentation from
another party, all the following as applicable:
    (1) A written contract with the other party for the sale or use of
the renewable CNG/LNG as transportation fuel.
    (2) Records from the other party demonstrating the date, location,
and volume of renewable CNG/LNG sold or used as transportation fuel.
    (3) An affidavit from each other party confirming all the
following:
    (i) That the volume of renewable CNG/LNG was used as transportation
fuel and for no other purpose.
    (ii) That the party will not separate RINs for this volume of RNG.
    (iii) That the party has not provided affidavits to any other party
for the purpose of complying with the requirements of this paragraph
(d)(2)(ii).
    (iii) The volume of RNG was only used to produce renewable CNG/LNG
that is used as transportation fuel and for no other purpose.
    (iv) No other party used the measurement information under
paragraph (d)(2)(i) of this section or the information required under
paragraph (d)(2)(ii) of this section to separate RINs for the RNG.
    (v) No other party has separated RINs for the RNG using the same
dispensing location during the calendar month.
    (vi) The RNG RIN separator follows the applicable provisions under
Sec.  80.1429(a), (b)(10), and (c) through (e).
    (3) 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.
    (4) A party must only separate a number of RINs equal to the total
volume of RNG (where the Btu LHV are converted to gallon-RINs using the
conversion specified in Sec.  80.1415(b)(5)) that the party
demonstrates is used as renewable CNG/LNG under paragraph (d)(2) of
this section.
    (e) RIN retirement. (1) A party must retire RINs generated for RNG
if any of the conditions specified in Sec.  80.1434(a) apply and must
comply with Sec.  80.1434(b).
    (2)(i) A party must retire all assigned RINs for a volume of RNG if
the RINs are not separated under paragraph (d) of this section by the
date the assigned RINs expire under Sec.  80.1428(c).
    (ii) A party must retire any expired RINs under paragraph (e)(2)(i)
of this section by March 31 of the subsequent year. For example, if an
RNG producer assigns RINs for RNG in 2025, the RINs expire if they are
not separated under paragraph (d) of this section by December 31, 2026,
and must be retired by March 31, 2027.
    (3) A party that uses RNG for a purpose other than to produce
renewable CNG/LNG (e.g., as a feedstock, as process heat under Sec.
80.1426(f)(12), or as process energy under Sec.  80.1426(f)(13)) must
retire any assigned RINs for the volume of RNG within 5 business days
of such use of the RNG.

Sec.  80.130  RINs for renewable CNG/LNG from a biogas closed
distribution system.

    (a) General requirements. (1) Any party that generates, assigns,
separates, or retires RINs for renewable CNG/LNG from a biogas closed
distribution system must comply with the requirements of this section.
    (2) Parties must report all RIN transactions to EMTS as specified
in Sec.  80.1452.
    (b) RIN generation. (1) Biogas closed distribution system RIN
generators must generate RINs using the applicable requirements for RIN
generation in under this part.
    (2) RINs for renewable CNG/LNG from a biogas closed distribution
system may be generated if all the following requirements are met:
    (i) The renewable CNG/LNG is produced from renewable biomass and
qualifies to generate RINs under an approved pathway.
    (ii) The biogas closed distribution system RIN generator has
entered into a written contract for the sale or use of a specific
quantity of renewable CNG/LNG for use as transportation fuel, and has
obtained affidavits from all parties selling or using the renewable
CNG/LNG certifying that the renewable CNG/LNG was used as
transportation fuel.
    (iii) The renewable CNG/LNG is used as transportation fuel and for
no other purpose.
    (c) RIN separation. A biogas closed distribution system RIN
generator must separate RINs generated for renewable CNG/LNG under
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