(e) Foreign RNG producer contractual relationship. A non-RIN
generating foreign RNG producer must establish a contractual
relationship with an RNG importer, prior to the sale of RIN-less RNG.
    (g) Withdrawal or suspension of registration. EPA may withdraw or
suspend a foreign party's registration where any of the following
occur:
    (1) The foreign party fails to meet any requirement of this
subpart.
    (2) The foreign government fails to allow EPA inspections or audits
as provided in paragraph (c)(1) of this section.
    (3) The foreign party asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) The foreign party fails to pay a civil or criminal penalty that
is not satisfied using the bond required under paragraph (b)(2) of this
section.
    (h) Additional requirements for applications, reports, and
certificates. Any application for registration as a foreign party, or
any report, certification, or other submission required under this
subpart by the foreign party, must be:
    (1) Submitted using formats and procedures specified by EPA.
    (2) Signed by the RCO of the foreign party's company.
    (3) Contain the following declarations:
    (i) Certification.
    ``I hereby certify:
    That I have actual authority to sign on behalf of and to bind [NAME
OF FOREIGN PARTY] with regard to all statements contained herein.
    That I am aware that the information contained herein is being
Certified, or submitted to the United States Environmental Protection
Agency, under the requirements of 40 CFR part 80, subparts E and M, and
that the information is material for determining compliance under these
regulations.
    That I have read and understand the information being Certified or
submitted, and this information is true, complete, and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof.''
    (ii) Affirmation.
    ``I affirm that I have read and understand the provisions of 40 CFR
part 80, subparts E and M, including 40 CFR 80.170, 80.1466, and
80.1467 apply to [NAME OF FOREIGN PARTY]. Pursuant to Clean Air Act
section 113(c) and 18 U.S.C. 1001, the penalty for furnishing false,
incomplete, or misleading information in this certification or
submission is a fine of up to $10,000 U.S., and/or imprisonment for up
to five years.''
    (i) Requirements for RNG importers. An RNG importer must meet all
the following requirements:
    (1) For each imported batch of RNG, the RNG importer must have an
independent third party that meets the requirements of Sec.
80.1450(b)(2)(i) and (ii) do all the following:
    (i) Determine the volume of RNG, in Btu, injected into the natural
gas commercial pipeline system as specified in Sec.  80.165.
    (ii) Determine the name and EPA-assigned company and facility
identification numbers of the foreign non-RIN generating RNG producer
that produced the RNG.
    (2) The independent third party must submit reports to the foreign
non-RIN generating RNG producer and the RNG importer within 30 days
following the

date the RNG was injected into a natural gas commercial pipeline system
for import into the United States containing all the following:
    (i) The statements specified in paragraph (h) of this section.
    (ii) The name of the foreign non-RIN generating RNG producer,
containing the information specified in paragraph (h) of this section,
and including the identification of the natural gas commercial pipeline
system terminal at which the product was offloaded.
    (iii) PTDs showing the volume of RNG, in Btu, transferred from the
foreign non-RIN generating RNG producer to the RNG importer.
    (3) The RNG importer and the independent third party must keep
records of the audits and reports required under paragraphs (i)(1) and
(2) of this section for five years from the date of creation.

Sec.  80.175  Attest engagements.

    (a) General provisions. (1) The following parties must arrange for
annual attestation engagement using agreed-upon procedures:
    (i) Biogas producers.
    (ii) Renewable electricity generators.
    (iii) RERGs.
    (iv) RNG producers.
    (v) RNG importers.
    (vi) Biogas closed distribution system RIN generators.
    (vii) RNG RIN separators.
    (viii) Renewable fuel producers that use RNG as a feedstock.
    (2) The auditor performing attestation engagements required under
this subpart must meet the requirements in 40 CFR 1090.1800(b).
    (3) The auditor must perform attestation engagements separately for
each biogas production facility, RNG production facility, renewable
electricity generation facility, and renewable fuel production
facility, as applicable.
    (4) Except as otherwise specified in this section, attest auditors
may use the representative sampling procedures specified in 40 CFR
1090.1805.
    (5) Except as otherwise specified in this section, attest auditors
must prepare and submit the annual attestation engagement following the
procedures specified in 40 CFR 1090.1800(d).
    (b) General procedures for biogas producers. An attest auditor must
conduct annual attestation audits for biogas producers using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the biogas producer's registration information
submitted under Sec. Sec.  80.145 and 80.1450 and all reports submitted
under Sec. Sec.  80.150 and 80.1451.
    (ii) For each biogas production facility, confirm that the
facility's registration is accurate based on the activities reported
during the compliance period and confirm any related updates were
completed prior to conducting regulated activities at the facility and
report as a finding any exceptions.
    (iii) Report the date of the last engineering review conducted
under Sec. Sec.  80.145(b)(3) and 80.1450(b), as applicable. Report as
a finding if the last engineering review is outside of the schedule
specified in Sec.  80.1450(d)(3)(ii).
    (iv) Confirm that the biogas producer submitted all reports
required under Sec. Sec.  80.150 and 80.1451 for activities performed
during the compliance period and report as a finding any exceptions.
    (2) Measurement method review. The auditor must review measurement
methods as follows:
    (i) Obtain records related to measurement under Sec.
80.155(a)(1)(vi).
    (ii) Identify and report the name of the method(s) used for
measuring the volume of biogas, in Btu and in scf, and report as a
finding any method that is not specified in Sec.  80.165 or the biogas
producer's registration.
    (iii) Identify whether maintenance and calibration records were
kept and report as a finding if no records were obtained.
    (3) Listing of batches. The auditor must review listings of batches
as follows:
    (i) Obtain the batch reports submitted under Sec.  80.150.
    (ii) Compare the reported volume for each batch to the measured
volume and report as a finding any exceptions.
    (4) Testing of biogas transfers. The auditor must review biogas
transfers as follows:
    (i) Obtain the associated PTD for each batch of biogas produced
during the compliance period.
    (ii) Using the batch number, confirm that the correct PTD is
obtained for each batch and compare the volume, in Btu and scf, on each
batch report to the associated PTD and report as a finding any
exceptions.
    (iii) Confirm that the PTD associated with each batch contains all
applicable language requirements under Sec.  80.160 and report as a
finding any exceptions.
    (c) General procedures for renewable electricity generators. An
attest auditor must conduct annual attestation audits for renewable
electricity generators using the following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the renewable electricity generator's
registration information submitted under Sec.  80.145 and all reports
submitted under Sec.  80.150.
    (ii) For each renewable electricity generation facility, confirm
that the facility's registration is accurate based on the activities
reported during the compliance period and confirm any related updates
were completed prior to conducting regulated activities at the facility
and report as a finding any exceptions.
    (iii) Report the date of the last engineering review conducted
under Sec.  80.145(b)(3). Report as a finding if the last engineering
review is outside of the schedule specified in Sec.  80.1450(d)(3)(ii).
    (iv) Confirm that the renewable electricity generator submitted all
reports required under Sec.  80.150 for activities performed during the
compliance period and report as a finding any exceptions.
    (2) Feedstock received. The auditor must perform an inventory of
biogas or RNG received as follows:
    (i) Obtain copies of records documenting the source and volume of
biogas or RNG, in Btu and scf, received by the renewable electricity
generator. Report the number of parties the renewable electricity
generator received biogas or RNG from and the total volume of biogas or
RNG, in Btu and scf, received separately from each party.
    (ii) Obtain copies of records showing the volume of biogas or RNG,
in Btu and scf, used to produce renewable electricity. Report as a
finding the total volume of biogas or RNG, in Btu and scf, used to
produce renewable electricity.
    (iii) Obtain copies of records showing whether non-renewable
feedstocks were used to produce renewable electricity. Report as a
finding if any RINs were generated for electricity produced from the
non-renewable feedstocks.
    (3) Measurement method review. The auditor must review measurement
methods as follows:
    (i) Obtain records related to measurement under Sec.
80.155(a)(1)(vi).
    (ii) Identify and report the name of the method(s) used for
measuring the volume of renewable electricity, in kWh, and report as a
finding any method that is not specified in Sec.  80.165 or the
renewable electricity generator's registration.
    (iii) Identify whether maintenance and calibration records were
kept and report as a finding if no records were obtained.

    (4) Listing of batches. The auditor must review listings of batches
as follows:
    (i) Obtain the batch reports submitted under Sec.  80.150.
    (ii) Compare the reported volume for each batch to the measured
volume and report as a finding any exceptions.
    (5) Testing of renewable electricity data transfers. The auditor
must review renewable electricity data transfers as follows:
    (i) Obtain the associated PTD for each batch of renewable
electricity produced during the compliance period.
    (ii) Using the batch number, confirm that the correct PTD is
obtained for each batch and compare the volume, in kWh, on each batch
report to the associated PTD and report as a finding any exceptions.
    (iii) Confirm that the PTD associated with each batch contains all
applicable language requirements under Sec.  80.160 and report as a
finding any exceptions.
    (5) Renewable electricity batches from RNG. If RNG was used to
produce renewable electricity, the auditor must review renewable
electricity batches as follows:
    (i) Obtain copies of records demonstrating the number and types of
RINs retired for RNG under Sec.  80.140(e).
    (ii) Verify that the proper volume of renewable electricity was
produced under Sec.  80.110(k)(3) for each batch as follows:
    (A) Calculate the total volume of renewable electricity the
renewable electricity generator is eligible to produce for the month
using the equations in Sec.  80.110(k)(3). Compare this value to the
batch report and report as a finding any difference.
    (B) Calculate the maximum volume of renewable electricity the
renewable electricity generator is eligible to produce for the month
using the equations in Sec.  80.110(k)(3). Compare this value to the
batch report and report as a finding if the maximum volume of renewable
electricity was less than the volume of renewable electricity produced.
    (d) General procedures for RERGs. An attest auditor must conduct
annual attestation audits for RERGs using the following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the RERG's registration information submitted
under Sec.  80.145 and all reports submitted under Sec.  80.150.
    (ii) Confirm that the RERG's registration is accurate based on the
activities reported during the compliance period and that any required
updates were completed prior to conducting regulated activities and
report as a finding any exceptions.
    (iii) Confirm that the RERG submitted all reports required under
Sec. Sec.  80.150 and 80.1451 for activities performed during the
compliance period and report as a finding any exceptions.
    (2) Renewable electricity RIN generation. The auditor must perform
the following procedures for quarterly RIN generation:
    (i) Obtain copies of all the following:
    (A) PTDs containing the renewable electricity data provided to the
RERG under Sec.  80.160(a)(1)(iii).
    (B) Records used to calculate the RERG's fleet under Sec. Sec.
80.150(d)(2)(i) and (iii).
    (C) Records used to calculate the electric range of PHEVs by make,
model, model year, and trim under Sec.  80.150(d)(2)(ii).
    (D) RIN generation information submitted under Sec.  80.1452.
    (ii) Using the values obtained in paragraph (d)(2)(i) of this
section, verify that the proper number of RINs were generated under
Sec.  80.135 for each batch as follows:
    (A) Calculate the total number of RINs the RERG is eligible to
generate for the quarter using the equations in Sec.  80.135(c)(1).
Compare this value to the number of RINs the RERG generated for the
quarter and report as a finding any difference.
    (B) Calculate the maximum number of RINs the RERG is eligible to
generate for the quarter using the equations in Sec.  80.135(c)(2).
Compare this value to the number of RINs the RERG generated for the
quarter and report as a finding if the maximum number of RINs was less
than the number of RINs generated.
    (e) General procedures for RNG producers and importers. An attest
auditor must conduct annual attestation audits for RNG producers and
importers using the following procedures, as applicable:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the RNG producer or importer's registration
information submitted under Sec. Sec.  80.145 and 80.1450 and all
reports submitted under Sec. Sec.  80.150 and 80.1451.
    (ii) For each RNG production facility, confirm that the facility's
registration is accurate based on the activities reported during the
compliance period and confirm any related updates were completed prior
to conducting regulated activities at the facility and report as a
finding any exceptions.
    (iii) Report the date of the last engineering review conducted
under Sec. Sec.  80.145(b)(3) and 80.1450(b), as applicable. Report as
a finding if the last engineering review is outside of the schedule
specified in Sec.  80.1450(d)(3)(ii).
    (iv) Confirm that the RNG producer or importer submitted all
reports required under Sec. Sec.  80.150 and 80.1451 for activities
performed during the compliance period and report as a finding any
exceptions.
    (2) Feedstock received. The auditor must perform an inventory of
biogas received as follows:
    (i) Obtain copies of records documenting the source and volume of
biogas, in Btu and scf, received by the RNG producer. Report the number
of parties the RNG producer received biogas from and the total volume
received separately from each party.
    (ii) Obtain copies of records showing the volume of biogas, in Btu
and scf, used to produce RNG. Report the total volume of biogas used to
produce RNG, in Btu and scf, and report as a finding if the volume of
RNG is greater than the volume of biogas.
    (iii) Obtain copies of records showing whether non-renewable
components were blended into RNG. Report as a finding if any RINs were
generated for the non-renewable components of the blended batch.
    (3) Measurement method review. The auditor must review measurement
methods as follows:
    (i) Obtain records related to measurement under Sec.
80.155(a)(1)(vi).
    (ii) Identify and report the name of the method(s) used for
measuring the volume of RNG, in Btu and in scf, and report as a finding
any method that is not specified in Sec.  80.165 or the RNG producer's
registration.
    (iii) Identify whether maintenance and calibration records were
kept and report as a finding if no records were obtained.
    (4) Listing of batches. The auditor must review listings of batches
as follows:
    (i) Obtain the batch reports submitted under Sec.  80.150.
    (ii) Compare the reported volume for each batch to the measured
volume and report as a finding any exceptions.
    (iii) Report as a finding any batches with reported values that did
not meet pipeline specifications.
    (5) Testing of RNG transfers. The auditor must review RNG transfers
as follows:
    (i) Obtain the associated PTD for each batch of RNG produced or
imported during the compliance period.
    (ii) Using the batch number, confirm that the correct PTD is
obtained for each batch and compare the volume, in Btu and scf, on each
batch report to the

associated PTD and report as a finding any exceptions.
    (iii) Confirm that the PTD associated with each batch contains all
applicable language requirements under Sec.  80.160 and report as a
finding any exceptions.
    (6) RNG RIN generation. The auditor must perform the following
procedures for monthly RIN generation:
    (i) Obtain the RIN generation reports submitted under Sec.
80.1451.
    (ii) Compare the number of RINs generated for each batch to the
batch report and report as a finding any exceptions.
    (f) General procedures for biogas closed distribution system RIN
generators. An attest auditor must conduct annual attestation audits
for biogas closed distribution system RIN generators using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the biogas closed distribution system RIN
generator's registration information submitted under Sec.  80.145 and
all reports submitted under Sec.  80.150.
    (ii) Confirm that the biogas closed distribution system RIN
generator's registration is accurate based on the activities reported
during the compliance period and that any required updates were
completed prior to conducting regulated activities and report as a
finding any exceptions.
    (iii) Confirm that the biogas closed distribution system RIN
generator submitted all reports required under Sec. Sec.  80.150 and
80.1451 for activities performed during the compliance period and
report as a finding any exceptions.
    (2) RIN generation. The auditor must complete all applicable
requirements specified in Sec.  80.1464.
    (g) General procedures for RNG RIN separators. An attest auditor
must conduct annual attestation audits for RNG RIN separators using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the RNG RIN separator's registration
information submitted under Sec. Sec.  80.145 and 80.1450 and all
reports submitted under Sec. Sec.  80.150 and 80.1451.
    (ii) Confirm that the RNG RIN separator's registration is accurate
based on the activities reported during the compliance period and that
any required updates were completed prior to conducting regulated
activities and report as a finding any exceptions.
    (iii) Confirm that the RNG RIN separator submitted all reports
required under Sec. Sec.  80.150 and 80.1451 for activities performed
during the compliance period and report as a finding any exceptions.
    (2) RIN separation events. The auditor must review records
supporting RIN separation events as follows:
    (i) Obtain records required under Sec.  80.155(g).
    (ii) Compare the volume of RNG, in Btu, withdrawn from the natural
gas commercial distribution system to the reported volume of RNG, in
Btu, used to produce the renewable CNG/LNG.
    (iii) Compare the volume of CNG/LNG sold or used as transportation
fuel to the reported volume of CNG/LNG separated from RINs.
    (iv) Report as a finding if the volume of CNG/LNG sold or used as
transportation fuel does not match the volume of CNG/LNG separated from
RINs.
    (3) RIN owner. The auditor must complete all requirements specified
in Sec.  80.1464(c).
    (h) General procedures for renewable fuel producers that use RNG as
a feedstock. An attest auditor must conduct annual attestation audits
for renewable fuel producers that use RNG as a feedstock using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of the renewable fuel producer's registration
information submitted under Sec.  80.145 and all reports submitted
under Sec.  80.150.
    (ii) Confirm that the renewable fuel producer's registration is
accurate based on the activities reported during the compliance period
and that any required updates were completed prior to conducting
regulated activities and report as a finding any exceptions.
    (iii) Confirm that the renewable fuel producers submitted all
reports required under Sec. Sec.  80.150 and 80.1451 for activities
performed during the compliance period and report as a finding any
exceptions.
    (2) RIN retirements. The attest auditor must review RIN retirements
as follows:
    (i) Obtain copies of all the following:
    (A) RIN retirement reports submitted under Sec. Sec.  80.150(h) and
80.1452.
    (B) Records related to measurement under Sec.  80.155(a)(1)(vi).
    (ii) Compare the measured volume of RNG used as a feedstock to the
reported number of RINs retired for RNG.
    (iii) Report as a finding if the measured volume of RNG used as a
feedstock does not match the number of RINs retired for RNG.

Sec.  80.180  Quality assurance program.

    (a) General requirements. This section specifies the requirements
for QAPs related to the verification of RINs generated for RNG and
biogas-derived renewable fuel.
    (1) For the generation of Q-RINs for RNG or biogas-derived
renewable fuel, the same independent third-party auditor must verify
each party as follows:
    (i) For RNG, all the RNG production facilities that inject into the
same pipeline interconnect and all the biogas production facilities
that provide feedstock to those RNG production facilities.
    (ii) For renewable electricity produced in a biogas closed
distribution system, the biogas producer, the renewable electricity
generator, and the RERG.
    (iii) For renewable electricity produced from RNG, the renewable
electricity generator and the RERG.
    (iv) For renewable CNG/LNG produced from RNG, the biogas producer
and the RNG producer.
    (v) For renewable CNG/LNG produced from biogas in a biogas closed
distribution system, the biogas producer, the biogas closed
distribution system RIN generator, and any party deemed necessary by
EPA to ensure that the renewable CNG/LNG was used as transportation
fuel.
    (vi) For biogas-derived renewable fuel produced from biogas used as
a biointermediate, the biogas producer, the producer of the biogas-
derived renewable fuel, and any other party deemed necessary by EPA to
ensure that the biogas-derived renewable fuel was produced under an
approved pathway and used as transportation fuel.
    (vii) For biogas-derived renewable fuel produced from RNG used as a
feedstock, the producer of the biogas-derived renewable fuel and any
other party deemed necessary by EPA to ensure that the biogas-derived
renewable fuel was produced under an approved pathway and used as
transportation fuel.
    (2) Independent third-party auditors that verify RINs generated
under this subpart must meet the requirements in Sec.  80.1471(a)
through (c) and (g) through (h).
    (3) QAPs approved by EPA to verify RINs generated under this
subpart must meet the requirements in Sec.  80.1469(c) through (f), as
applicable.
    (4) Independent third-party auditors must conduct quality assurance
audits at biogas production facilities, RNG production facilities,
renewable electricity generation facilities, renewable fuel production
facilities, and

any facility or location deemed necessary by EPA to ensure that the
biogas-derived renewable fuel was produced under an approved pathway
and used as transportation fuel, heating oil, or jet fuel as specified
in Sec.  80.1472(a) and (b)(3), as applicable.
    (5) Independent third-party auditors must ensure that mass and
energy balances performed under Sec.  80.1469(c)(2) are consistent
between facilities that are audited as part of the same chain.
    (b) Requirements for biogas producers. In addition to the elements
verified under Sec.  80.1469(c) through (f), the independent third-
party auditor must do all the following at each biogas production
facility:
    (1) Verify that the measurement of biogas is consistent with the
requirements in Sec.  80.165.
    (2) Verify that the PTDs for biogas transfers are consistent with
the applicable PTD requirements in Sec. Sec.  80.160 and 80.1453.
    (c) Requirements for RNG producers. In addition to the elements
verified under Sec.  80.1469(c) through (f), the independent third-
party auditor must do all the following at each RNG production
facility:
    (1) Verify that the sampling, testing, and measurement of RNG is
consistent with the requirements in Sec.  80.165.
    (2) Verify that RINs were assigned consistent with Sec.  80.140(c).
    (3) Verify that RINs were separated and retired consistent with
Sec.  80.140(d) and (e), respectively.
    (4) Verify that the RNG was injected into a natural gas commercial
pipeline system.
    (5) Verify that RINs were not generated on non-renewable components
added to RNG prior to injection into a natural gas commercial pipeline
system.
    (d) Requirements for renewable electricity generators. In addition
to the elements verified under Sec.  80.1469(c) through (f), the
independent third-party auditor must do all the following at each
renewable electricity generation facility:
    (1) Verify that the measurement of renewable electricity is
consistent with the requirements in Sec.  80.165(c).
    (2) Verify that RIN generation agreement is contracted consistent
with the requirements in Sec.  80.135(a)(1).
    (3) Verify that the renewable electricity was only produced from
biogas or RNG consistent with an approved pathway.
    (4) Verify that the renewable electricity data is consistent with
the volume specified on the PTD to the RERG under Sec.  80.160(c).
    (5) Verify that the renewable electricity generator retired RINs
for RNG used to produce renewable electricity consistent with Sec.
80.140(e).
    (e) Requirements for RERGs. The independent third-party auditor
must verify that each input in the equations in Sec.  80.135 is
properly calculated.
    (f) Requirements for renewable fuel producers using biogas as a
biointermediate. The independent third-party auditor must meet all
requirements specified in paragraph (b) of this section and Sec.
80.1477.
    (g) Responsibility for replacement of invalid verified RINs. The
generator of RINs for RNG or a biogas-derived renewable fuel, and the
obligated party that owns the Q-RINs, are required to replace invalidly
generated Q-RINs with valid RINs as specified in Sec.  80.1431(b).

Sec.  80.185  Prohibited acts and liability provisions.

    (a) Prohibited acts. (1) It is a prohibited act for any person to
act in violation of this subpart or fail to meet a requirement that
applies to that person under this subpart.
    (2) No person may cause another person to commit an act in
violation of this subpart.
    (b) Liability provisions--(1) General. (i) Any person who commits
any prohibited act or requirement in this subpart is liable for the
violation.
    (ii) Any person who causes another person to commit a prohibited
act under this subpart is liable for that violation.
    (iii) Any parent corporation is liable for any violation committed
by any of its wholly-owned subsidiaries.
    (iv) Each partner to a joint venture, or each owner of a facility
owned by two or more owners, is jointly and severally liable for any
violation of this subpart that occurs at the joint venture facility or
facility owned by the joint owners, or any violation of this subpart
that is committed by the joint venture operation or any of the joint
owners of the facility.
    (v) Any person listed in paragraphs (b)(2) through (5) of this
section is liable for any violation of any prohibition under paragraph
(a) of this section or failure to meet a requirement of any provision
of this subpart regardless of whether the person violated or caused the
violation unless the person establishes an affirmative defense under
Sec.  80.190.
    (vi) The liability provisions of Sec.  80.1461 also apply to any
person subject to the provisions of this subpart.
    (2) Biogas liability. When biogas is found in violation of a
prohibition specified in paragraph (a) of this section or Sec.
80.1460, the following persons are deemed in violation:
    (i) The biogas producer that produced the biogas.
    (ii) Any RNG producer that used the biogas to produce RNG.
    (iii) Any biointermediate producer that used the biogas or RNG
produced from the biogas to produce a biointermediate.
    (iv) Any person that used the biogas, RNG produced from the biogas,
or biointermediate produced from the biogas or RNG to produce a biogas-
derived renewable fuel.
    (v) Any person that generated a RIN from a biogas-derived renewable
fuel produced from the biogas, RNG produced from the biogas, or
biointermediate produced from the biogas.
    (3) RNG liability. When RNG is found in violation of a prohibition
specified in paragraph (a) of this section or Sec.  80.1460, the
following persons are deemed in violation:
    (i) The biogas producer that produced the biogas used to produce
the RNG.
    (ii) The RNG producer that produced the RNG.
    (iii) Any biointermediate producer that used the RNG to produce a
biointermediate.
    (iv) Any person that used the RNG or biointermediate produced from
the RNG to produce a biogas-derived renewable fuel.
    (v) Any person that generated a RIN from a biogas-derived renewable
fuel produced from the RNG or biointermediate produced from the RNG.
    (4) Renewable electricity liability. When renewable electricity is
found in violation of a prohibition specified in paragraph (a) of this
section or Sec.  80.1460, the following persons are deemed in
violation:
    (i) Any biogas producer that produced the biogas used to generate
the renewable electricity.
    (ii) Any RNG producer that produced RNG used to produce renewable
electricity.
    (iii) The renewable electricity generator that generated the
renewable electricity.
    (iv) Any RERG that generated a RIN from the renewable electricity.
    (5) RINs generated for renewable electricity liability. When RINs
generated for renewable electricity are found in violation of a
prohibition specified in paragraph (a) of this section or Sec.
80.1460, the following persons are deemed in violation:
    (i) Any biogas producer that produced the biogas used to generate
the renewable electricity for which the RINs were generated.
    (ii) Any RNG producer that produced RNG used to produce renewable

electricity for which the RINs were generated.
    (iii) Any renewable electricity generator that generated the
renewable electricity for which the RINs were generated.
    (iv) The RERG that generated the RIN.
    (6) Third-party liability. Any party allowed under Sec.  80.165(e)
to act on behalf of a regulated party and does so to demonstrate
compliance with the requirements of this subpart must meet those
requirements in the same way that the regulated party must meet those
requirements. The regulated party and the third party are both liable
for any violations arising from the third party's failure to meet the
requirements of this subpart.

Sec.  80.190  Affirmative defense provisions.

    (a) Applicability. A person may establish an affirmative defense to
a violation that person is liable for under Sec.  80.185(b) if that
person satisfies all applicable elements of an affirmative defense in
this section.
    (1) No person that generates a RIN for biogas-derived renewable
fuel may establish an affirmative defense under this section.
    (2) A person that is a biogas producer may not establish an
affirmative defense under this section for a violation that the biogas
producer is liable for under Sec.  80.185(b)(1) and (2).
    (3) A person that is an RNG producer may not establish an
affirmative defense under this section for a violation that the RNG
producer is liable for under Sec.  80.185(b)(1) and (3).
    (4) A person that is a renewable electricity generator may not
establish an affirmative defense under this section for a violation
that the renewable electricity generator is liable for under Sec.
80.185(b)(1) and (4).
    (b) General elements. A person may only establish an affirmative
defense under this section if the person meets all of the following
requirements:
    (1) The person, or any of the person's employees or agents, did not
cause the violation.
    (2) The person did not know or have reason to know that the biogas,
RNG, renewable electricity, or RINs were in violation of a prohibition
or requirement under this subpart.
    (3) The person must have had no financial interest in the company
that caused the violation.
    (4) If the person self-identified the violation, the person
notified EPA within five business days of discovering the violation.
    (5) The person must submit a written report to the EPA including
all pertinent supporting documentation, demonstrating that the
applicable elements of this section were met within 30 days of the
person discovering the invalidity.
    (c) Biogas producer elements. In addition to the elements in
paragraph (b) of this section, a biogas producer must also meet all the
following requirements to establish an affirmative defense:
    (1) The biogas producer conducted or arranged to be conducted a QAP
that includes, at a minimum, a periodic sampling and testing program
adequately designed to ensure their biogas meets the applicable
requirements to produce biogas under this part.
    (2) The biogas producer had all affected biogas verified by a
third-party auditor under an approved QAP under Sec. Sec.  80.180 and
80.1469.
    (3) The PTDs for the biogas indicate that the biogas was in
compliance with the applicable requirements while in the biogas
producer's control.
    (d) RNG producer elements. In addition to the elements in paragraph
(b) of this section, an RNG producer must also meet all the following
requirements to establish an affirmative defense:
    (1) The RNG producer conducted or arranged to be conducted a QAP
that includes, at a minimum, a periodic sampling and testing program
adequately designed to ensure that the biogas used to produce their RNG
meets the applicable requirements to produce biogas under this part and
that their RNG meets the applicable requirements to produce RNG under
this part.
    (2) The RNG producer had all affected biogas and RNG verified by a
third-party auditor under an approved QAP under Sec. Sec.  80.180 and
80.1469.
    (3) The PTDs for the biogas used to produce their RNG and for their
RNG indicate that the biogas and RNG were in compliance with the
applicable requirements while in the RNG producer's control.
    (e) Renewable electricity generator elements. In addition to the
elements in paragraph (b) of this section, a renewable electricity
generator must also meet all the following requirements to establish an
affirmative defense:
    (1) The renewable electricity generator conducted or arranged to be
conducted a QAP that includes, at a minimum, a periodic sampling and
testing program adequately designed to ensure that the biogas or RNG
used to generate their renewable electricity meets the applicable
requirements to produce biogas or RNG under this part.
    (2) The renewable electricity generator only generated renewable
electricity from biogas or RNG verified by a third-party auditor under
an approved QAP under Sec. Sec.  80.180 and 80.1469.
    (3) The PTDs for the biogas or RNG used to produce their renewable
electricity indicate that the biogas or RNG was in compliance with the
applicable requirements.

Sec.  80.195  Potentially invalid RINs.

    (a) Identification and treatment of potentially invalid RINs
(PIRs). (1) Any RIN can be identified as a PIR by the RIN generator, an
independent third-party auditor that verified the RIN, or EPA.
    (2) Any party listed in paragraph (a)(1) of this section must use
the procedures specified in Sec.  80.1474(b) for identification and
treatment of PIRs and retire any PIRs under Sec.  80.1434(a), as
applicable.
    (b) Potentially inaccurate or non-qualifying volumes of biogas-
derived renewable fuel. (1) Any party that becomes aware of potentially
inaccurate or non-qualifying volumes of biogas-derived renewable fuel
must notify the next party in the production chain within 5 business
days.
    (i) Biointermediate producers must notify the renewable fuel
producer receiving the biointermediate within 5 business days.
    (ii) If the volume of biogas-derived renewable fuel was audited
under Sec.  80.180, the party must notify the independent third-party
auditor within 5 business days.
    (iii) Non-RIN generating foreign RNG producers must follow the
requirements of this section and notify the importer generating RINs
and other parties in the production chain, as applicable.
    (iv) Each notified party must notify EPA within 5 business days.
    (2) Any party that is notified of inaccurate or non-qualifying
volumes of biogas-derived renewable fuel under paragraph (b)(1) of this
section must correct affected volumes of biogas-derived renewable fuel
under paragraph (a)(2) of this section, as applicable.
    (3) Any notified party that generates RINs must use the procedures
specified in Sec.  80.1474(b) for identification and treatment of PIRs
and retire any PIRs under Sec.  80.1434(a), as applicable.
    (c) Potentially inaccurate volumes of renewable electricity. (1)
When a renewable electricity generator becomes aware of inaccurate
quantities of renewable electricity produced and transferred to the
RERG, the renewable electricity generator must notify EPA and the RERG
within 5 business days of initial discovery.

    (2) The RERG must then calculate any impacts to the number of RINs
generated for the volume of impacted renewable electricity. The RERG
must then notify EPA and the independent third-party auditor, if any,
within 5 business days of initial notification.
    (3) For any number of RINs over-generated based off the inaccurate
volumes of renewable electricity, the RERG must retire these RINs or
replacement RINs as specified in Sec.  80.1434(a)(9).
    (d) Potential double counting of volumes of biogas or RNG. (1) When
a renewable electricity generator, RERG, or any other party becomes
aware of a biogas or RNG producer taking credit for the same volume of
biogas or RNG sold to multiple renewable electricity generators, or of
a renewable electricity generator taking credit for the same volume of
renewable electricity sold to multiple RERGs, they must notify EPA
within 5 business days of initial discovery.
    (2) The RERG must then calculate any impacts to the number of RINs
generated for the volume of impacted renewable electricity. The RERG
must then notify EPA and the independent third-party auditor, if any,
within 5 business days of initial notification.
    (3) For any number of RINs over-generated based off the double
counting of volumes of biogas or RNG, the RERG must retire these RINs
or replacement RINs as specified in Sec.  80.1434(a)(9).
    (e) Failure to take corrective action. Any person who fails to meet
a requirement under paragraphs (b), (c), or (d) of this section is
liable for full performance of such requirement, and each day of non-
compliance is deemed a separate violation pursuant to Sec.  80.1460(f).
The administrative process for replacement of invalid RINs does not, in
any way, limit the ability of the United States to exercise any other
authority to bring an enforcement action under section 211 of the Clean
Air Act, the fuels regulations under this part, 40 CFR part 1090, or
any other applicable law.
    (f) Replacing PIRs or invalid RINs. The following specifications
apply when retiring valid RINs to replace PIRs or invalid RINs:
    (1) When a RIN is retired to replace a PIR or invalid RIN, the D
code of the retired RIN must be eligible to be used towards meeting all
the renewable volume obligations as the PIR or invalid RIN it is
replacing, as specified in Sec.  80.1427(a)(2).
    (2) The number of RINs retired must be equal to the number of PIRs
or invalid RINs being replaced.
    (g) Forms and procedures. (1) All parties that retire RINs under
this section must use forms and procedures specified by EPA.
    (2) All parties that must notify EPA under this section must submit
those notifications to EPA as specified in 40 CFR 1090.10.

Subpart M--Renewable Fuel Standard

0
9. Revise Sec.  80.1402 to read as follows:

Sec.  80.1401  Definitions.

    The definitions of Sec.  80.2 apply for the purposes of this
Subpart M.

Sec.  80.1402  [Amended]

0
10. Amend Sec.  80.1402 by, in paragraph (f), removing the text
``notwithstanding'' and adding, in its place, the text ``regardless
of''.
0
11. Amend Sec.  80.1405 by revising paragraphs (a) and (c) to read as
follows:

Sec.  80.1405  What are the Renewable Fuel Standards?

    (a) The values of the renewable fuel standards are as follows:

                            Table 1 to Paragraph (a)--Annual Renewable Fuel Standards
----------------------------------------------------------------------------------------------------------------
                                                                                Supplemental
                                    Cellulosic     Biomass-based     Advanced     Renewable fuel       total
              Year                    biofuel         diesel          biofuel      standard (%)   renewable fuel
                                   standard (%)    standard (%)    standard (%)                    standard (%)
----------------------------------------------------------------------------------------------------------------
2010............................           0.004            1.10            0.61            8.25             n/a
2011............................             n/a            0.69            0.78            8.01             n/a
2012............................             n/a            0.91            1.21            9.23             n/a
2013............................          0.0005            1.13            1.62            9.74             n/a
2014............................           0.019            1.41            1.51            9.19             n/a
2015............................           0.069            1.49            1.62            9.52             n/a
2016............................           0.128            1.59            2.01           10.10             n/a
2017............................           0.173            1.67            2.38           10.70             n/a
2018............................           0.159            1.74            2.37           10.67             n/a
2019............................           0.230            1.73            2.71           10.97             n/a
2020............................            0.32            2.30            2.93           10.82             n/a
2021............................            0.33            2.16            3.00           11.19             n/a
2022............................            0.35            2.33            3.16           11.59            0.14
2023............................            0.41            2.54            3.33           11.92            0.14
2024............................            0.82            2.60            3.80           12.55             n/a
2025............................            1.23            2.67            4.28           13.05             n/a
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) EPA will calculate the annual renewable fuel percentage
standards using the following equations:

[GRAPHIC] [TIFF OMITTED] TP30DE22.017

Where:

StdCB,i = The cellulosic biofuel standard for year i, in
percent.
StdBBD,i = The biomass-based diesel standard for year i,
in percent.
StdAB,i = The advanced biofuel standard for year i, in
percent.
StdRF,i = The renewable fuel standard for year i, in
percent.
RFVCB,i = Annual volume of cellulosic biofuel required by
42 U.S.C. 7545(o)(2)(B) for year i, or volume as adjusted pursuant
to 42 U.S.C. 7545(o)(7)(D), in gallons.
RFVBBD,i = Annual volume of biomass-based diesel required
by 42 U.S.C. 7545 (o)(2)(B) for year i, in gallons.
RFVAB,i = Annual volume of advanced biofuel required by
42 U.S.C. 7545(o)(2)(B) for year i, in gallons.
RFVRF,i = Annual volume of renewable fuel required by 42
U.S.C. 7545(o)(2)(B) for year i, in gallons.
Gi = Amount of gasoline projected to be used in the
covered location, in year i, in gallons.
Di = Amount of diesel projected to be used in the covered
location, in year i, in gallons.
RGi = Amount of renewable fuel blended into gasoline that
is projected to be consumed in the covered location, in year i, in
gallons.
RDi = Amount of renewable fuel blended into diesel that
is projected to be consumed in the covered location, in year i, in
gallons.
GSi = Amount of gasoline projected to be used in Alaska
or a U.S. territory, in year i, if the state or territory has opted-
in or opts-in, in gallons.
RGSi = Amount of renewable fuel blended into gasoline
that is projected to be consumed in Alaska or a U.S. territory, in
year i, if the state or territory opts-in, in gallons.
DSi = Amount of diesel projected to be used in Alaska or
a U.S. territory, in year i, if the state or territory has opted-in
or opts-in, in gallons.
RDSi = Amount of renewable fuel blended into diesel that
is projected to be consumed in Alaska or a U.S. territory, in year
i, if the state or territory opts-in, in gallons.
GEi = The total amount of gasoline projected to be exempt
in year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.
DEi = The total amount of diesel fuel projected to be
exempt in year i, in gallons, per Sec. Sec.  80.1441 and 80.1442.
* * * * *
0
12. Amend Sec.  80.1406 by:
0
a. Revising the section heading; and
0
b. Removing and reserving paragraph (a).
    The revision reads as follows:

Sec.  80.1406  Obligated party responsibilities.

* * * * *

Sec.  80.1407  [Amended]

0
13. Amend Sec.  80.1407 by:
0
a. In paragraphs (a)(1) through (4), removing the text ``48 contiguous
states or Hawaii'' wherever it appears and adding, in its place, the
text ``covered location'';
0
b. In paragraphs (b) and (d), removing the text ``as defined in'' and
adding, in its place, the text ``per'';
0
c. In paragraph (e), removing the text ``MVNRLM diesel fuel at Sec.
80.2'' and adding, in its place, the text ``MVNRLM diesel fuel''; and
0
d. In paragraph (f)(5), removing the text ``48 United States and
Hawaii'' and adding, in its place, the text ``covered location''.
0
14. Amend Sec.  80.1415 by:
0
a. In paragraph (b)(2), removing the text ``(mono-alkyl ester)'';
0
b. Revising paragraphs (b)(5) through (7);
0
c. In paragraph (c)(1), revising the definition of ``R'';
0
d. In paragraph (c)(2)(ii), removing the text ``derived'' and adding,
in its place, the text ``produced''; and
0
e. In paragraph (c)(5), removing the text ``the Administrator'' and
adding, in its place, the text ``EPA''.
    The revision reads as follows:

Sec.  80.1415  How are equivalence values assigned to renewable fuel?

* * * * *
    (b) * * *
    (5) 77,000 Btu (lower heating value) of renewable CNG/LNG or RNG
shall represent one gallon of renewable fuel with an equivalence value
of 1.0.
    (6)(i) For renewable electricity produced from biogas or RNG, 6.5
kW-hr of electricity shall represent one gallon of renewable fuel with
an equivalence value of 1.0.
    (ii) For renewable electricity produced from renewable biomass
other than biogas or RNG, 22.6 kW-hr of electricity shall represent one
gallon of renewable fuel with an equivalence value of 1.0.
    (7) For all other renewable fuels, a producer or importer must
submit an application to EPA for an equivalence value following the
provisions of paragraph (c) of this section. Except for renewable
electricity, a producer or importer may also submit an application for
an alternative equivalence value pursuant to paragraph (c) of this
section if the renewable fuel is listed in this paragraph (b), but the
producer or importer has reason to believe that a different equivalence
value than that listed in this paragraph (b) is warranted.
    (c) * * *
    (1) * * *

R = Renewable content of the renewable fuel. This is a measure of
the portion of a renewable fuel that came from renewable biomass,
expressed as a fraction, on an energy basis. For co-processed fuel,
R is equal to 1.0.
* * * * *

Sec.  80.1416  [Amended]

0
15. Amend Sec.  80.1416 by:
0
a. In paragraphs (b)(1)(vii) and (b)(2)(vii), removing the text ``The
Administrator'' and adding, in its place, the text ``EPA'';
0
b. In paragraph (c)(4), removing the text ``definitions in Sec.
80.1401'' and adding, in its place, the text ``definition''; and

0
c. In paragraph (d), removing the text ``The Administrator'' and
adding, in its place, the text ``EPA''.
0
16. Amend Sec.  80.1426 by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. In paragraph (a)(1)(iv), removing the text ``renewable'';
0
c. Revising paragraphs (a)(4), (b)(1), and (c)(1) and (2);
0
d. Removing and reserving paragraph (c)(3);
0
e. In paragraph (c)(7), removing the text ``Sec.  80.1401'' and adding,
in its place, the text ``Sec.  80.2'';
0
f. Adding a sentence to the end of paragraph (d)(1) introductory text;
0
g. Revising paragraphs (e)(1) and (f)(1)(i);
0
h. Moving Table 1 to Sec.  80.1426 and Table 2 to Sec.  80.1426
immediately following paragraph (f)(1) to the end of the section;
0
i. In paragraph (f)(2)(ii), removing the text ``Table 1 to this
section, or a D code as approved by the Administrator, which'' and
adding, in its place, the text ``the approved pathway that'';
0
j. In paragraph (f)(3)(i), removing the text ``Table 1 to this section,
or a D code as approved by the Administrator, which'' and adding, in
its place, the text ``the approved pathways that'';
0
k. Revising paragraph (f)(3)(v);
0
l. Removing Table 3 to Sec.  80.1426 immediately following paragraph
(f)(3)(v);
0
m. Revising paragraph (f)(3)(vi);
0
n. Removing Table 4 to Sec.  80.1426 immediately following paragraph
(f)(3)(vi)(A);
0
o. Revising paragraph (f)(4);
0
p. In paragraph (f)(5)(v), removing the text ``biogas-derived fuels''
and adding, in its place, the text ``biogas-derived renewable fuel'';
0
q. In paragraph (f)(5)(vi), removing the text ``Table 1 to this
section, or a D code as approved by the Administrator, which'' and
adding, in its place, the text ``the approved pathway that'';
0
r. Revising paragraphs (f)(6) introductory text and (f)(7)(i),
(f)(7)(v)(A) and (B);
0
s. In paragraph (f)(8)(ii) introductory text, removing the text
``(mono-alkyl esters)'';
0
t. Revising paragraphs (f)(8)(ii)(B), (f)(9)(i) and (ii), (f)(10)
through (13), (f)(15), (f)(17), and (g)(1)(i) introductory text;
0
u. In paragraph (g)(1)(iii), removing the text ``48 contiguous states
plus Hawaii'' wherever it appears and adding, in its place, the text
``covered location'';
0
v. Revising paragraph (g)(2) introductory text; and
0
w. In paragraphs (g)(3) introductory text, (g)(5)(i) introductory text,
(g)(7) introductory text, (g)(7)(i) introductory text, and (g)(10)
introductory text, removing the text ``48 contiguous states plus
Hawaii'' wherever it appears and adding, in its place, the text
``covered location''.
    The revisions and additions read as follows:

Sec.  80.1426  How are RINs generated and assigned to batches of
renewable fuel?

    (a) * * *
    (1) Renewable fuel producers, importers of renewable fuel, and
other parties allowed to generate RINs under this part may only
generate RINs to represent renewable fuel if they meet the requirements
of paragraphs (b) and (c) of this section and if all of the following
occur:
* * * * *
    (4) For co-processed fuel, RINs may only be generated for the
portion of fuel that is produced from renewable biomass, as calculated
under paragraph (f)(4) of this section.
    (b) * * *
    (1) Except as provided in paragraph (c) of this section, a RIN may
only be generated by a renewable fuel producer or importer for a batch
of renewable fuel that satisfies the requirements of paragraph (a)(1)
of this section if it is produced or imported for use as transportation
fuel, heating oil, or jet fuel in the covered location.
* * * * *
    (c) * * *
    (1) No person may generate RINs for fuel that does not satisfy the
requirements of paragraph (a)(1) of this section.
    (2) A party must not generate RINs for renewable fuel that is not
produced for use in the covered location.
* * * * *
    (d) * * *
    (1) * * * Biogas producers, RNG producers, and RERGs must use the
definition of batch for biogas, RNG, and renewable electricity in
Sec. Sec.  80.105(j), 80.120(j), and 80.110(k), respectively.
* * * * *
    (e) * * *
    (1) Except as provided in paragraph (g) of this section for delayed
RINs, the producer or importer of renewable fuel must assign all RINs
generated from a specific batch of renewable fuel to that batch of
renewable fuel.
* * * * *
    (f) * * *
    (1) * * *
    (i) D codes must be used in RINs generated by producers or
importers of renewable fuel according to approved pathways or as
specified in paragraph (f)(6) of this section.
* * * * *
    (3) * * *
    (v) If a producer produces batches that are comprised of a mixture
of fuel types with different equivalence values and different
applicable D codes, then separate values for VRIN must be
calculated for each category of renewable fuel according to the
following formula. All batch-RINs thus generated must be assigned to
unique batch identifiers for each portion of the batch with a different
D code.

VRIN,DX = EVDX * VS,DX

Where:

VRIN,DX = RIN volume, in gallons, for use in determining
the number of gallon-RINs that must be generated for the portion of
the batch with a D code of X.
EVDX = Equivalence value for the portion of the batch
with a D code of X, per Sec.  80.1415.
VS,DX = Standardized volume at 60 [deg]F of the portion
of the batch that must be assigned a D code of X, in gallons, per
paragraph (f)(8) of this section.

    (vi)(A) If a producer produces a single type of renewable fuel
using two or more different feedstocks that are processed
simultaneously, and each batch is comprised of a single type of fuel,
then the number of gallon-RINs that must be generated for a batch of
renewable fuel and assigned a particular D code must be calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TP30DE22.018

Where:

VRIN,DX = RIN volume, in gallons, for use in determining
the number of gallon-RINs that must be generated for a batch of
renewable fuel with a D code of X.
EV = Equivalence value for the renewable fuel per Sec.  80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons, per paragraph (f)(8) of this section.
FEDX = Sum of feedstock energies from all feedstocks
whose pathways have been assigned a D code of X, in Btu, per
paragraphs (f)(3)(vi)(B) through (D) of this section.
FEtotal = Sum of feedstock energies from all feedstocks,
in Btu, per paragraphs (f)(3)(vi)(B) through (D) of this section.

    (B) Except for biogas produced from anaerobic digestion, the
feedstock energy value of each feedstock must be calculated as follows:

FEDX,i = Mi * (1-mi) * CFi

Where:

FEDX,i = The amount of energy from feedstock i that forms
energy in the renewable fuel and whose pathway has been assigned a D
code of X, in Btu.
Mi = Mass of feedstock i, in pounds, measured on a daily
or per-batch basis.
mi = Average moisture content of feedstock i, as a mass
fraction.

CFi = Converted fraction in annual average Btu/lb, except
as otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing
that portion of feedstock i that is converted to fuel by the
producer.

    (C) For biogas produced from anaerobic digestion from advanced
feedstocks, the feedstock energy value for advanced feedstocks must be
calculated as follows:

FED5 = FEBG-FED3/7

Where:

FED5 = Sum of feedstock energies from all feedstocks
whose pathways have been assigned a D code of 5, in Btu. If the
result of this equation is negative, then FE5 equals 0.
FEBG = Biogas energy in higher heating value produced by
the digester, in Btu, as measured under Sec.  80.165(a).
FED3/7 = Sum of feedstock energies from all feedstocks
whose pathways have been assigned a D code of 3 or 7, in Btu, per
paragraph (f)(3)(vi)(D) of this section.

    (D) For biogas produced from anaerobic digestion from cellulosic
feedstocks, the feedstock energy value for each cellulosic feedstock
must be calculated as follows:

FED3/7,i = Mi * TSi * VSi *
CFi

Where:

FED3/7,i = The amount of energy from feedstock i that
forms energy in the renewable fuel and whose pathway has been
assigned a D code of 3 or 7, in Btu.
Mi = Mass of feedstock i, in pounds, measured on a daily
or per-batch basis.
TSi = Total solids of feedstock i, as a mass fraction, in
pounds total solids per pound feedstock, per Sec.  80.165(d),
measured on a daily or per-batch basis.
VSi = Volatile solids of feedstock i, as a mass fraction,
in pounds volatile solids per pound total solids, per Sec.
80.165(d), measured on a daily or per-batch basis.
CFi = Converted fraction in annual average Btu/lb,
representing the portion of feedstock i that is converted to
biomethane from the cellulosic feedstock by the producer. If the
anaerobic digester was operated outside of the applicable operating
conditions specified in Sec.  80.1450(b)(1)(xiii)(C)(4) or (5),
CFi for that batch equals 0.

    (4) Co-processed fuel and intermediate. (i) For a batch of co-
processed fuel (excluding biodiesel, RNG, and renewable electricity),
the RIN generator must determine the number of gallon-RINs (i.e.,
VRIN) that may be generated using one of the following
approaches:
    (A) Approach A. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The renewable fuel is produced under approved pathways with a
single D code.
    (ii) The fraction of carbon in the co-processed fuel that
originates from renewable biomass does not exceed the fraction of
chemical energy in the co-processed fuel that originates from renewable
biomass.
    (2) VRIN must be calculated as follows:

VRIN = EqV * Vf * R

Where:

VRIN = RIN volume, in gallons, for use in determining the
number of gallon-RINs generated for the batch of renewable fuel.
EqV = Equivalence value of the renewable fuel, per Sec.  80.1415.
Vf = Standardized volume of the batch of co-processed
fuel at 60 [deg]F, in gallons, per paragraph (f)(8) of this section.
R = The renewable fraction of the co-processed fuel as measured by a
carbon-14 dating test method, per paragraph (f)(9) of this section.

    (B) Approach B. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The process does not meet the requirements of Approach A in
paragraph (f)(4)(i)(A) of this section.
    (ii) Neither heat nor electricity is converted to chemical energy
in the co-processed fuel.
    (iii) The fraction of chemical energy in the co-processed fuel that
comes from renewable biomass is equal to or greater than the fraction
of chemical energy in the feedstocks that comes from renewable biomass.
    (iv) If the renewable fuel produced is eligible to generate both
D3/D7 RINs and D4/D5/D6 RINs, the fraction of chemical energy in the
co-processed fuel eligible to generate D3/D7 RINs that comes from
renewable biomass is equal to or greater than the fraction of chemical
energy in the feedstocks qualified to be used to produce renewable fuel
eligible to generate D3/D7 RINs that comes from renewable biomass.
    (v) If the renewable fuel produced is eligible to generate both D4/
D5 RINs and D6 RINs, the fraction of chemical energy in the co-
processed fuel eligible to generate D4/D5 RINs that comes from
renewable biomass is equal to or greater than the fraction of chemical
energy in the feedstocks qualified to be used to produce renewable fuel
eligible to generate D4/D5 RINs that comes from renewable biomass.
    (2) VRIN must be calculated as follows:

VRIN,DX = EqV * Vf * FER,DX/
(FER + FENR)

Where:

VRIN,DX = RIN volume, in gallons, for use in determining
the number of gallon-RINs generated for the batch of renewable fuel
with D code of X.
EqV = Equivalence value of the renewable fuel, per Sec.  80.1415.
Vf = Standardized volume of the batch of co-processed
fuel at 60 [deg]F, in gallons, per paragraph (f)(8) of this section.
FER,DX = Sum of feedstock energies from renewable biomass
(including the renewable portion of a biointermediate) used to make
the co-processed fuel that qualify be used to produce renewable fuel
with D code of X, in Btu, per paragraph (f)(4)(i)(B)(3) of this
section.
FER = Sum of feedstock energies from all renewable
biomass (including the renewable portion of a biointermediate) used
to make the co-processed fuel, in Btu, per paragraph (f)(4)(i)(B)(3)
of this section.
FENR = Sum of feedstock energies from all non-renewable
feedstocks (including the non-renewable portion of a
biointermediate) used to make the co-processed fuel, in Btu, per
paragraph (f)(4)(i)(B)(3).

    (3) The feedstock energy value for each feedstock must be
calculated as follows:

FEi = Mi * (1-mi) * Ei

Where:

FEi = Feedstock energy of feedstock i, in Btu.
Mi = Mass of feedstock i, in pounds, measured on a daily
or per-batch basis.
Mi = Average moisture content of feedstock i, as a mass
fraction.
Ei = Energy content of feedstock i, in annual average
Btu/lb, per paragraph (f)(7) of this section.

    (C) Approach C. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The process does not meet the requirements of Approach A or B
in paragraphs (f)(4)(i)(A) and (B) of this section.
    (ii) Heat or electricity is converted to energy in the co-processed
fuel.
    (2) VRIN must be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TP30DE22.019

Where:

VRIN,DX = RIN volume, in gallons, for use in determining
the number of gallon-RINs generated for the batch of renewable fuel
with D code of X.
EqV = Equivalence value of the renewable fuel, per Sec.  80.1415.
ERB,DX = The chemical energy in the batch of co-processed
fuel that came from chemical energy in renewable biomass qualified
to be used to produce renewable fuel with D code of X, in Btu, per
paragraph (f)(4)(i)(C)(3) of this section.
ED = The energy density of the renewable fuel, in Btu per gallon.

    (3) ERB,DX must be calculated as follows:

ERB,DX = Efeedstock,DX-Eexo,DX-Eother,DX + Eendo,DX

Where:

ERB,DX = The chemical energy in the batch of co-processed
fuel that came from chemical energy in renewable biomass qualified
to be used to produce renewable fuel with D code of X, in Btu.

Efeedstock,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X used to produce the batch of co-processed fuel, in Btu, per
paragraph (f)(7) of this section.
Eexo,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to heat during the production of the batch of
co-processed fuel, in Btu.
Eother,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to other products and wastes during the
production of the batch of co-processed fuel, in Btu.
Eendo,DX = The total heat or electricity from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to chemical energy in the renewable fuel,
other products, and wastes during the production of the batch of co-
processed fuel, in Btu. This amount must be proportional to the
total amount of heat or electricity that comes from renewable
biomass.

    (D) Approach D. EPA may approve a different approach if the RIN
generator demonstrates that the process does not meet the requirements
of Approach A, B, or C in paragraphs (f)(4)(i)(A) through (C) of this
section, as specified in Sec.  80.1450(b)(1)(xvii)(D).
    (ii) For a batch of co-processed intermediate, the biointermediate
producer must determine the volume of biointermediate (i.e.,
Vbio) qualified to be used to produce renewable fuel for
which RINs may be generated using one of the following approaches:
    (A) Approach A. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The biointermediate is produced under approved pathways with a
single D code.
    (ii) The fraction of carbon in the co-processed intermediate that
originates from renewable biomass does not exceed the fraction of
chemical energy in the co-processed intermediate that originates from
renewable biomass.
    (2) Vbio must be calculated as follows:

Vbio = Vi * R

Where:

Vbio = Volume of biointermediate, in gallons, qualified
to be used to produce renewable fuel for which RINs may be
generated.
Vi = Standardized volume of the batch of co-processed
intermediate at 60 [deg]F, in gallons, per paragraph (f)(8) of this
section.
R = The renewable fraction of the co-processed intermediate as
measured by a carbon-14 dating test method, per paragraph (f)(9) of
this section.

    (B) Approach B. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The process does not meet the requirements of Approach A in
paragraph (f)(4)(ii)(A) of this section.
    (ii) Neither heat nor electricity is converted to chemical energy
in the co-processed intermediate.
    (iii) The fraction of chemical energy in the co-processed
intermediate that comes from renewable biomass is equal to or greater
than the fraction of chemical energy in the feedstocks that comes from
renewable biomass.
    (iv) If the biointermediate produced qualifies to be used to
produce renewable fuel eligible to generate both D3/D7 RINs and D4/D5/
D6 RINs, the fraction of chemical energy in the co-processed
intermediate qualified to be used to produce renewable fuel eligible to
generate D3/D7 RINs that comes from renewable biomass is equal to or
greater than the fraction of chemical energy in the feedstocks
qualified to be used to produce renewable fuel eligible to generate D3/
D7 RINs that comes from renewable biomass.
    (v) If the biointermediate produced qualifies to generate both D4/
D5 RINs and D6 RINs, the fraction of chemical energy in the co-
processed intermediate qualified to be used to produce renewable fuel
eligible to generate D4/D5 RINs that comes from renewable biomass is
equal to or greater than the fraction of chemical energy in the
feedstocks qualified to be used to produce renewable fuel eligible to
generate D4/D5 RINs that comes from renewable biomass.
    (2) Vbio,DX must be calculated as follows:

Vbio,DX = Vi * FER,DX/(FER
+ FENR)

Where:

Vbio,DX = Volume of biointermediate, in gallons,
qualified to be used to produce renewable fuel for which RINs with D
code of X may be generated.
Vi = Standardized volume of the batch of co-processed
intermediate at 60 [deg]F, in gallons, per paragraph (f)(8) of this
section.
FER,DX = Sum of feedstock energies from renewable biomass
used to make the co-processed intermediate that qualify be used to
produce renewable fuel with D code of X, in Btu, per paragraph
(f)(4)(ii)(B)(3) of this section.
FER = Sum of feedstock energies from all renewable
biomass used to make the co-processed intermediate, in Btu, per
paragraph (f)(4)(ii)(B)(3) of this section.
FENR = Sum of feedstock energies from all non-renewable
feedstocks used to make the co-processed intermediate, in Btu, per
paragraph (f)(4)(ii)(B)(3).

    (3) The feedstock energy value for each feedstock must be
calculated as follows:

FEi = Mi * (1-mi) * Ei

Where:

FEi = Feedstock energy of feedstock i, in Btu.
Mi = Mass of feedstock i, in pounds, measured on a daily
or per-batch basis.
mi = Average moisture content of feedstock i, as a mass
fraction.
Ei = Energy content of feedstock i, in annual average
Btu/lb, per paragraph (f)(7) of this section.

    (C) Approach C. (1) This approach must only be used for a process
that meets all the following requirements:
    (i) The process does not meet the requirements of Approach A or B
in paragraphs (f)(4)(ii)(A) and (B) of this section.
    (ii) Heat or electricity is converted to energy in the co-processed
intermediate.
    (2) Vbio,DX must be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TP30DE22.020

Where:

Vbio,DX = Volume of biointermediate, in gallons,
qualified to be used to produce renewable fuel for which RINs with D
code of X may be generated.
ERB,DX = The chemical energy in the batch of co-processed
intermediate that came from chemical energy in renewable biomass
qualified to be used to produce renewable fuel with D code of X, in
Btu, per paragraph (f)(4)(ii)(C)(3) of this section.
ED = The energy density of the biointermediate, in Btu per gallon.

    (3) ERB,DX must be calculated as follows:

ERB,DX = Efeedstock,DX-Eexo,DX-Eother,DX + Eendo,DX

Where:

ERB,DX = The chemical energy in the batch of co-processed
intermediate that came from chemical energy in renewable biomass
qualified to be used to produce renewable fuel with D code of X, in
Btu.
Efeedstock,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X used to produce the batch of co-processed intermediate, in Btu,
per paragraph (f)(7) of this section.
Eexo,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to heat during the production of the batch of
co-processed intermediate, in Btu.
Eother,DX = The total chemical energy from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to other products and wastes during the
production of the batch of co-processed intermediate, in Btu.
Eendo,DX = The total heat or electricity from renewable
biomass qualified to be used to produce renewable fuel with D code
of X that is converted to chemical energy in the renewable fuel,
other products, and wastes during the production of the batch of co-
processed intermediate, in

Btu. This amount must be proportional to the total amount of heat or
electricity that comes from renewable biomass.

    (D) Approach D. EPA may approve a different approach if the
biointermediate producer demonstrates that the process does not meet
the requirements of Approach A, B, or C in paragraphs (f)(4)(ii)(A)
through (C) of this section, as specified in Sec.
80.1450(b)(1)(xvii)(D).
* * * * *
    (6) Renewable fuel not covered by an approved pathway. If no
approved pathway applies to a producer's operations, the party may
generate RINs if the fuel from its facility is produced from renewable
biomass and qualifies for an exemption under Sec.  80.1403 from the
requirement that renewable fuel achieve at least a 20 percent reduction
in lifecycle greenhouse gas emissions compared to baseline lifecycle
greenhouse gas emissions.
* * * * *
    (7) * * *
    (i) For purposes of paragraphs (f)(3)(vi), (f)(4)(i)(B), and
(f)(4)(ii)(B) of this section, producers must specify the value for E,
the energy content of the feedstock components, used in the calculation
of the feedstock energy value FE.
* * * * *
    (v) * * *
    (A) ASTM E870 or ASTM E711 for gross calorific value (both
incorporated by reference, see Sec.  80.3).
    (B) ASTM D4442 or ASTM D4444 for moisture content (both
incorporated by reference, see Sec.  80.3).
* * * * *
    (8) * * *
    (ii) * * *
    (B) The standardized volume of biodiesel at 60 [deg]F, in gallons,
as calculated from the use of the American Petroleum Institute Refined
Products Table 6B, as referenced in ASTM D1250 (incorporated by
reference, see Sec.  80.3).
    (9) * * *
    (i) Parties required under this part to use a radiocarbon dating
test method for determination of the renewable fraction of a co-
processed fuel or intermediate must use one of the following methods:
    (A) Method B of ASTM D6866 (incorporated by reference, see Sec.
80.3).
    (B) If the renewable content of the co-processed fuel or
intermediate is 10% or greater, Method C of ASTM D6866.
    (C) An alternative test method as approved by EPA that meets all
the following requirements:
    (1) The laboratory meets the requirements related to usage of
enriched C-14, as specified in Section 1.4 of ASTM D6866.
    (2) The result is rounded according to Section 13.4 of ASTM D6866.
    (3) The uncertainty of the method is less than 0.5%.
    (ii) Any party required to test for carbon-14 under this subpart
must keep representative samples for at least 30 days after testing is
complete.
    (A) For liquid samples, at least 330 ml must be retained.
    (B) For gaseous samples, at least one gallon at standard
temperature and pressure must be retained.
* * * * *
    (10) RINs for renewable CNG/LNG produced from biogas that is only
distributed via a closed, private, non-commercial system may only be
generated if all the following requirements are met:
    (i) The renewable CNG/LNG was produced from renewable biomass and
qualifies to generate RINs under an approved pathway.
    (ii) The 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, or has obtained affidavits from all parties
selling or using the renewable CNG/LNG as transportation fuel.
    (iii) The renewable CNG/LNG was used as transportation fuel and for
no other purpose.
    (iv) The biogas was introduced into the closed, private, non-
commercial system no later than December 31, 2023, and the renewable
CNG/LNG was used as transportation fuel no later than December 31,
2024.
    (11)(i) RINs for renewable CNG/LNG produced from RNG that is
introduced into a commercial distribution system may only be generated
if all the following requirements are met:
    (A) The renewable CNG/LNG was produced from renewable biomass and
qualifies to generate RINs under an approved pathway.
    (B) The 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, or has obtained affidavits from all parties
selling or using the renewable CNG/LNG as transportation fuel.
    (C) The renewable CNG/LNG was used as transportation fuel and for
no other purpose.
    (D) The RNG was injected into and withdrawn from the same
commercial distribution system.
    (E) The RNG was withdrawn from the commercial distribution system
in a manner and at a time consistent with the transport of the RNG
between the injection and withdrawal points.
    (F) The volume of RNG injected into the commercial distribution
system and the volume of RNG withdrawn were continuously measured under
Sec.  80.165.
    (G) The volume of renewable CNG/LNG sold for use as transportation
fuel corresponds to the volume of RNG that was injected into and
withdrawn from the commercial distribution system.
    (H) No other party relied upon the volume of biogas, RNG, or
renewable CNG/LNG for the generation of RINs.
    (I) The RNG was introduced into the commercial distribution system
no later than December 31, 2023, and the renewable CNG/LNG was used as
transportation fuel no later than December 31, 2024.
    (ii) On or after January 1, 2024, RINs may only be generated for
RNG introduced into a natural gas commercial pipeline system for use as
transportation fuel as specified in subpart E of this part.
    (iii) If non-renewable components are blended into biogas or RNG,
RINs may only be generated on the biomethane content of the biogas or
RNG prior to blending.
    (12) For purposes of Table 1 of this section, process heat produced
from combustion of biogas or RNG at a renewable fuel production
facility is considered produced from renewable biomass if all the
following requirements are met, as applicable:
    (i) For biogas transported to the renewable fuel production
facility via a biogas closed distribution system:
    (A) The renewable fuel producer has entered into a written contract
for the procurement of a specific volume of biogas with a specific heat
content.
    (B) The volume of biogas was sold to the renewable fuel production
facility, and to no other facility.
    (C) The volume of biogas injected into the commercial distribution
system and the volume of biogas used as process heat were continuously
measured under Sec.  80.165.
    (ii) For RNG injected into a commercial distribution system on or
before December 31, 2023:
    (A) The producer has entered into a written contract for the
procurement of a specific volume of RNG with a specific heat content.
    (B) The volume of RNG was sold to the renewable fuel production
facility, and to no other facility.
    (C) The volume of RNG was withdrawn from the commercial
distribution system in a manner and at a time consistent with the
transport of RNG between the injection and withdrawal points.
    (D) The volume of RNG injected into the commercial distribution
system and the volume of RNG withdrawn were continuously measured under
Sec.  80.165.

    (E) The commercial distribution system into which the RNG was
injected ultimately serves the renewable fuel production facility.
    (iii) Process heat produced from combustion of biogas or RNG is not
considered produced from renewable biomass if any other party relied
upon the volume of biogas or RNG for the generation of RINs.
    (iv) For RNG used as process heat on or after January 1, 2024, the
renewable fuel producer must retire RINs for RNG as specified in Sec.
80.140.
    (13) In order for a renewable fuel production facility to satisfy
the requirements of the advanced biofuel grain sorghum pathway, all the
following requirements must be met:
    (i) The quantity of electricity used at the site that is purchased
from the electricity distribution system must be continuously measured
and recorded.
    (ii) All electricity used on-site that is not purchased from the
electricity distribution system must be produced on-site from biogas
from landfills or waste digesters.
    (iii) For biogas transported to the renewable fuel production
facility via a biogas closed distribution system, the requirements in
paragraph (f)(12)(i) of this section must be met.
    (iv) For RNG injected into a commercial distribution system on or
before December 31, 2023, the requirements in paragraph (f)(12)(ii) of
this section must be met. For RNG injected into a natural gas
commercial pipeline system on or after January 1, 2024, the renewable
fuel producer must retire RINs for RNG as specified in Sec.  80.140.
    (v) The biogas or RNG used at the renewable fuel production
facility is not considered produced from renewable biomass if any other
party relied upon the volume of biogas or RNG for the generation of
RINs.
* * * * *
    (15) Application of formulas in paragraph (f)(3)(vi) of this
section to certain producers generating D3 or D7 RINs. If a producer
seeking to generate D code 3 or 7 RINs produces a single type of
renewable fuel using two or more feedstocks or biointermediates
converted simultaneously, and at least one of the feedstocks or
biointermediates does not have a minimum 75% average adjusted
cellulosic content, one of the following additional requirements apply:
    (i) If the producer is using a thermochemical process to convert
cellulosic biomass into cellulosic biofuel, the producer is subject to
additional registration requirements under Sec.
80.1450(b)(1)(xiii)(A).
    (ii) If the producer is using any process other than a
thermochemical process, or is using a combination of processes, the
producer is subject to additional registration requirements under Sec.
80.1450(b)(1)(xiii)(B) or (C), and reporting requirements under Sec.
80.1451(b)(1)(ii)(U), as applicable.
* * * * *
    (17) Qualifying use demonstration for certain renewable fuels. For
purposes of this section, any renewable fuel other than ethanol,
biodiesel, renewable electricity, renewable gasoline, or renewable
diesel that meets the Grade No. 1-D or No. 2-D specification in ASTM
D975 (incorporated by reference, see Sec.  80.3) is considered
renewable fuel and the producer or importer may generate RINs for such
fuel only if all of the following apply:
    (i) The fuel is produced from renewable biomass and qualifies to
generate RINs under an approved pathway.
    (ii) The fuel producer or importer maintains records demonstrating
that the fuel was produced for use as a transportation fuel, heating
oil or jet fuel by any of the following:
    (A) Blending the renewable fuel into gasoline or distillate fuel to
produce a transportation fuel, heating oil, or jet fuel that meets all
applicable standards under this part and 40 CFR part 1090.
    (B) Entering into a written contract for the sale of the renewable
fuel, which specifies the purchasing party must blend the fuel into
gasoline or distillate fuel to produce a transportation fuel, heating
oil, or jet fuel that meets all applicable standards under this part
and 40 CFR part 1090.
    (C) Entering into a written contract for the sale of the renewable
fuel, which specifies that the fuel must be used in its neat form as a
transportation fuel, heating oil or jet fuel that meets all applicable
standards.
    (ii) The fuel was sold for use in or as a transportation fuel,
heating oil, or jet fuel, and for no other purpose.
    (g) * * *
    (1) * * *
    (i) The renewable fuel volumes can be described by a new approved
pathway that was added after July 1, 2010.
* * * * *
    (2) When a new approved pathway is added, EPA will specify in its
approval action the effective date on which the new pathway becomes
valid for the generation of RINs and whether the fuel in question meets
the requirements of paragraph (g)(1)(ii) of this section.
* * * * *

Sec.  80.1427  [Amended]

0
17. Amend Sec.  80.1427 by, in paragraph (a)(1) introductory text,
removing the text ``under Sec.  80.1406''.
0
18. Amend Sec.  80.1428 by revising paragraphs (a)(2) through (4) and
(a)(5)(i) to read as follows:

Sec.  80.1428  General requirements for RIN distribution.

    (a) * * *
    (2) Except as provided in Sec. Sec.  80.1429 and 80.140(d), no
person can separate a RIN that has been assigned to a volume of
renewable fuel or RNG pursuant to Sec.  80.1426(e).
    (3) An assigned RIN cannot be transferred to another person without
simultaneously transferring a volume of renewable fuel or RNG to that
same person.
    (4) Assigned gallon-RINs with a K code of 1 can be transferred to
another person based on the following:
    (i) On or before December 31, 2023, for purposes of this section,
no more than 2.5 assigned gallon-RINs with a K code of 1 can be
transferred to another person with every gallon of renewable fuel
transferred to that same person. For RNG, the transferer of assigned
RINs with RNG must transfer RINs under Sec.  80.140(c).
    (ii) On or after January 1, 2024, for purposes of this section, the
transferee must transfer assigned gallon-RINs equal to the equivalence
value multiplied by the quantity of the renewable fuel or RNG
transferred to the transferor.
    (5)(i) On or before December 31, 2023, for purposes of this
section, on each of the dates listed in paragraph (a)(5)(ii) of this
section in any calendar year, the following equation must be satisfied
for assigned RINs and volumes of renewable fuel owned by a person:

RINd <= Vd * 2.5

Where:

RINd = Total number of assigned gallon-RINs with a K code
of 1 that are owned on date d.
Vd = Total volume of renewable fuel owned on date d,
standardized to 60 [deg]F, in gallons.
* * * * *
0
19. Amend Sec.  80.1429 by:
0
a. Revising paragraphs (b)(1) through (3);
0
b. Adding paragraph (b)(4)(iii); and
0
c. Revising paragraphs (b)(5) and (6) introductory text.
    The revisions and addition read as follows:

Sec.  80.1429  Requirements for separating RINs from volumes of
renewable fuel.

* * * * *
    (b) * * *

    (1) Except as provided in paragraphs (b)(7) and (9) of this section
and Sec.  80.140(d)(2), an obligated party must separate any RINs that
have been assigned to a volume of renewable fuel if that party owns
that volume.
    (2) Except as provided in paragraph (b)(6) of this section, any
party that owns a volume of renewable fuel must separate any RINs that
have been assigned to that volume once the volume is blended with
gasoline or fossil-based diesel to produce a transportation fuel,
heating oil, or jet fuel.
    (i) On or before December 31, 2023, a party may separate up to 2.5
RINs per gallon of blended renewable fuel.
    (ii) On or after January 1, 2024, a party must separate RINs in the
amount equal to the equivalence value multiplied by the quantity of the
renewable fuel or RNG of the gallon-RINs with a K code of 1.
    (3) Any exporter of renewable fuel must separate any RINs that have
been assigned to the exported renewable fuel volume.
    (i) On or before December 31, 2023, an exporter of renewable fuel
may separate up to 2.5 RINs per gallon of exported renewable fuel.
    (ii) On or after January 1, 2024, an exporter of renewable fuel
must separate RINs in the amount equal to the equivalence value
multiplied by the quantity of the renewable fuel or RNG of the gallon-
RINs with a K code of 1.
    (4) * * *
    (iii) Renewable fuel producers of biodiesel may not separate RINs
under paragraph (b)(4)(i) of this section.
    (5)(i) Any party that generates RINs for a batch of renewable
electricity under Sec.  80.135 must separate any RINs that have been
assigned to that batch.
    (ii) Any party that generates RINs for a batch of renewable CNG/LNG
must separate any RINs that have been assigned to that batch if the
party demonstrates that the renewable CNG/LNG was used as
transportation fuel.
    (iii) Only a party that demonstrates that RNG was used as a biogas-
derived renewable fuel under Sec.  80.140(d)(1) may separate the RINs
that have been assigned to the RNG.
    (6) RINs assigned to a volume of biodiesel can only be separated
from that volume pursuant to paragraph (b)(2) of this section if such
biodiesel is blended into diesel fuel at a concentration of 20 volume
percent biodiesel or less.
* * * * *

Sec.  80.1430  [Amended]

0
20. Amend Sec.  80.1430 by, in paragraph (e)(2), removing the text
``Sec.  80.1468'' and adding, in its place, the text ``Sec.  80.3''.
0
21. Amend Sec.  80.1431 by:
0
a. Revising paragraphs (a)(1)(vi) and (viii);
0
b. Adding paragraphs (a)(1)(x) and (a)(4);
0
c. Revising paragraphs (b) introductory text and (c) introductory text;
and
0
d. In paragraph (c)(7)(ii)(P), removing the text ``the Administrator''
and adding, in its place, the text ``that EPA''.
    The revisions and additions read as follows:

Sec.  80.1431  Treatment of invalid RINs.

    (a) * * *
    (1) * * *
    (vi) Does not meet the definition of renewable fuel.
* * * * *
    (viii) Was generated for fuel that was not used in the covered
location.
* * * * *
    (x) Was inappropriately separated under Sec.  80.140.
* * * * *
    (4) If any RIN generated for a batch of renewable fuel that had
RINs apportioned through Sec.  80.1426(f)(3) is invalid, then all RINs
generated for that batch of renewable fuel are deemed invalid, unless
EPA in its sole discretion determines that some portion of those RINs
are valid.
    (b) Except as provided in paragraph (c) of this section and Sec.
80.1473, the following provisions apply in the case of RINs that are
invalid:
* * * * *
    (c) Improperly generated RINs may be used for compliance provided
that all of the following conditions and requirements are satisfied and
the renewable fuel producer or importer who improperly generated the
RINs demonstrates that the conditions and requirements are satisfied
through the reporting and recordkeeping requirements set forth below,
that:
* * * * *
0
22. Amend Sec.  80.1434 by:
0
a. Revising paragraphs (a)(1) and (5); and
0
b. Redesignating paragraph (a)(11) as paragraph (a)(13) and adding new
paragraphs (a)(11) and (12).
    The revisions and additions read as follows:

Sec.  80.1434  RIN retirement.

    (a) * * *
    (1) Demonstrate annual compliance. Except as specified in paragraph
(b) of this section or Sec.  80.1456, an obligated party required to
meet the RVO under Sec.  80.1407 must retire a sufficient number of
RINs to demonstrate compliance with an applicable RVO.
* * * * *
    (5) Spillage, leakage, or disposal of renewable fuels. Except as
provided in Sec.  80.1432(c), in the event that a reported spillage,
leakage, or disposal of any volume of renewable fuel, the owner of the
renewable fuel must notify any holder or holders of the attached RINs
and retire a number of gallon-RINs corresponding to the volume of
spilled or disposed of renewable fuel multiplied by its equivalence
value in accordance with Sec.  80.1432(b).
* * * * *
    (11) Used to produce other renewable fuel. Any party that uses
renewable fuel or RNG to produce other renewable fuel must retire any
assigned RINs for the volume of the renewable fuel or RNG.
    (12) Expired RINs for RNG. Any party owning RINs assigned to RNG as
specified in Sec.  80.140(e) must retire the assigned RIN.
* * * * *

Sec.  80.1435  [Amended]

0
23. Amend Sec.  80.1435 by:
0
a. In paragraphs (b)(1)(i) and (ii) and (b)(2)(i) through (iv),
removing the text ``RIN-gallons'' wherever it appears and adding, in
its place, the text ``gallon-RINs''; and
0
b. In paragraph (b)(2)(iii), removing the text ``48 contiguous states
or Hawaii'' wherever it appears and adding, in its place, the text
``covered location''.
0
24. Amend Sec.  80.1441 by:
0
a. Revising paragraph (a)(1);
0
b. Removing and reserving paragraph (a)(3);
0
c. Removing paragraph (b)(3);
0
d. In paragraph (e)(1) and (2) introductory text, removing the text
``the Administrator'' and adding, in its place, the text ``EPA'';
0
e. In paragraph (e)(2)(ii), removing the text ``The Administrator'' and
adding, in its place, the text ``EPA''.
0
f. In paragraph (e)(2)(iii), removing the text ``Sec.  80.1401''
wherever it appears and adding, in its place, the text ``Sec.  80.2'';
and
0
g. In paragraph (g), removing the text ``defined under'' and adding, in
its place, the text ``specified in''.
    The revision read as follows:

Sec.  80.1441  Small refinery exemption.

    (a)(1) Transportation fuel produced at a refinery by a refiner is
exempt from January 1, 2010, through December 31, 2010, from the
renewable fuel standards of Sec.  80.1405, and the owner or operator of
the refinery is exempt from the requirements that apply to obligated

parties under this subpart M for fuel produced at the refinery if the
refinery meets the definition of ``small refinery'' in Sec.  80.2 for
calendar year 2006.
* * * * *
0
25. Amend Sec.  80.1442 by:
0
a. Removing and reserving paragraph (a)(2);
0
b. Removing paragraphs (b)(4) and (5); and
0
c. Revising paragraph (c)(1).
    The revision reads as follows

Sec.  80.1442  What are the provisions for small refiners under the RFS
program?

* * * * *
    (c) * * *
    (1) Transportation fuel produced by a small refiner pursuant to
paragraph (b)(1) of this section is exempt from January 1, 2010,
through December 31, 2010, from the renewable fuel standards of Sec.
80.1405 and the requirements that apply to obligated parties under this
subpart if the refiner meets all the criteria of paragraph (a)(1) of
this section.
* * * * *

Sec.  80.1443  [Amended]

0
26. Amend Sec.  80.1443 by:
0
a. In paragraphs (a), (b), and (e) introductory text, removing the text
``the Administrator'' and adding, in its place, the text ``EPA''; and
0
b. In paragraph (e)(2), removing the text ``as defined in Sec.
80.1406''.

Sec.  80.1449  [Amended]

0
27. Amend Sec.  80.1449 by, in paragraph (e), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA''.
0
28. Amend Sec.  80.1450 by:
0
a. Revising the first sentence of paragraph (a);
0
b. Revising paragraphs (b)(1) introductory text and (b)(1)(ii);
0
c. In paragraph (b)(1)(v) introductory text, removing the text ``as
defined in Sec.  80.1401'';
0
d. Revising paragraph (b)(1)(v)(D);
0
e. In paragraph (b)(1)(v)(E) removing the text ``the Administrator''
and adding, in its place, the text ``EPA''.
0
f. In paragraph (b)(1)(vi), removing the text ``defined' and adding, in
its place, the text ``specified'';
0
g. Adding paragraph (b)(1)(viii)(E);
0
h. In paragraphs (b)(1)(xi) introductory text, (b)(1)(xi)(A), and (B),
removing the text ``Sec.  80.1401'' and adding, in its place, the text
``Sec.  80.2'';
0
i. In paragraph (b)(1)(xii) introductory text, removing the text
``Sec.  80.1468'' and adding, in its place, the text ``Sec.  80.3'';
0
j. Revising paragraphs (b)(1)(xii) introductory text and
(b)(1)(xiii)(B) introductory text;
0
k. Adding paragraph (b)(1)(xiii)(C);
0
l. Revising paragraph (b)(1)(xv)(B);
0
m. Adding paragraph (b)(1)(xvii)
0
n. Revising the first sentence of paragraph (b)(2) introductory text
and paragraphs (b)(2)(ii) and (iii);
0
o. Redesignating paragraphs (b)(2)(iv) through (vi) as paragraphs
(b)(2)(v) through (vii), respectively, and adding a new paragraph
(b)(2)(iv);
0
p. Adding paragraphs (b)(2)(viii) and (ix);
0
q. Revising paragraphs (d)(3) introductory text, (d)(3)(ii), and (iii);
0
r. Adding paragraphs (d)(3)(v) and (vi);
0
s. Revising paragraph (g)(10)(ii); and
0
t. In paragraphs (g)(11)(i), (ii), (iii), and (i)(1), removing the text
``The Administrator'' and adding, in its place, the text ``EPA''.
    The revisions and additions read as follows:

Sec.  80.1450  What are the registration requirements under the RFS
program?

    (a) * * * Any obligated party or any exporter of renewable fuel
must provide EPA with the information specified for registration under
40 CFR 1090.805, if such information has not already been provided
under the provisions of this part. * * *
    (b) * * *
    (1) A description of the types of renewable fuels, RNG, ethanol, or
biointermediates that the producer intends to produce at the facility
and that the facility is capable of producing without significant
modifications to the existing facility. For each type of renewable
fuel, RNG, ethanol, or biointermediate the renewable fuel producer or
foreign ethanol producer must also provide all the following:
* * * * *
    (ii) A description of the facility's renewable fuel, RNG, ethanol,
or biointermediate production processes, including:
* * * * *
    (v) * * *
    (D) For purposes of this section, for all facilities producing
renewable electricity or other renewable fuel from biogas, submit all
relevant information in Sec.  80.1426(f)(10) or (11), including all the
following:
    (1) On or before December 31, 2023, for facilities producing
renewable CNG/LNG as specified in Sec.  80.1426(f)(10):
    (i) Copies of all contracts or affidavits, as applicable, that
follow the track of the biogas, renewable CNG/LNG, or renewable
electricity (i.e., from the biogas producer to the party that processes
it into renewable fuel, and finally to the end user that will actually
use the renewable electricity or renewable CNG/LNG as transportation
fuel.
    (ii) Specific quantity, heat content, and percent efficiency of
transfer, as applicable, and any conversion factors, for the renewable
fuel derived from biogas.
    (2) On or before December 31, 2023, for facilities producing RNG as
specified in Sec.  80.1426(f)(11) or renewable electricity under Sec.
80.1426(f)(10) or (11):
    (i) Copies of all contracts or affidavits, as applicable, that
follow the track of the biogas, renewable CNG/LNG, or renewable
electricity (i.e., from the biogas producer to the party that processes
it into renewable fuel, and finally to the end user that will actually
use the renewable electricity or renewable CNG/LNG as transportation
fuel).
    (ii) Specific quantity, heat content, and percent efficiency of
transfer, as applicable, and any conversion factors, for the renewable
fuel derived from biogas.
* * * * *
    (viii) * * *
    (E) The independent third-party engineer must visit all material
recovery facilities as part of the engineering review site visit under
Sec.  80.1450(b)(2) and (d)(3), as applicable.
* * * * *
    (xii) For a producer or importer of any renewable fuel other than
ethanol, biodiesel, renewable gasoline, renewable diesel that meets the
Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.3), biogas, or renewable electricity, all the
following:
* * * * *
    (xiii) * * *
    (B) A renewable fuel producer seeking to generate D code 3 or D
code 7 RINs, a foreign ethanol producer seeking to have its product
sold as cellulosic biofuel after it is denatured, or a biointermediate
producer seeking to have its biointermediate made into cellulosic
biofuel, who intends to produce a single type of fuel using two or more
feedstocks converted simultaneously, where at least one of the
feedstocks does not have a minimum 75% adjusted cellulosic content, and
who uses a process other than a thermochemical process, excluding
anerobic digestion, or a combination of processes to convert feedstock
into renewable fuel or biointermediate, must provide all the following:
* * * * *
    (C) A renewable fuel producer seeking to generate D code 3 or D
code 7 RINs or a biointermediate producer seeking to

have its biointermediate made into cellulosic biofuel, who intends to
produce biogas using two or more feedstocks converted simultaneously in
an anaerobic digester, where at least one of the feedstocks does not
have a minimum 75% adjusted cellulosic content, must provide items (1)
through (4) or specify a value and limited conditions in (5):
    (1) A cellulosic Converted Fraction (CF) for each cellulosic
feedstock that will be used for generating RINs under Sec.
80.1426(f)(3)(vi)(D), in Btu/lb, rounded to the nearest whole number.
    (2) Data supporting the cellulosic CF from each cellulosic
feedstock. Data must be derived from processing of cellulosic
feedstock(s) in anaerobic digesters without simultaneous conversion
under similar conditions as will be run in the simultaneously converted
process. Data must be either from the facility when it was processing
solely the feedstock that does has a minimum 75% adjusted cellulosic
content or from a representative sample of other representative
facilities processing the feedstock that does have a minimum 75%
adjusted cellulosic content.
    (3) A description including any calculations demonstrating how the
data were used to determine the cellulosic CF.
    (4) A list of ranges of processing conditions, including
temperature, solids residence time, and hydraulic residence time, for
which the cellulosic CF is accurate and for which the facility must
maintain to generate RINs and a description of how such processing
conditions will be measured by the facility. RINs generated from
facilities operating outside of these conditions will be invalid
pursuant Sec.  80.1431(a)(1)(ix).
    (5) Registering parties choosing at least one of the converted
fraction values below in lieu of providing data specified in paragraphs
(b)(1)(xiii)(C)(1) through (4) of this section must only use biogas
from anaerobic digesters that continuously operate above 95 degrees
Fahrenheit with hydraulic and solids residence times greater than 20
days. RINs generated from facilities operating outside of the listed
conditions will be invalid pursuant Sec.  80.1431(a)(1)(ix).
    (i) Swine manure: 1,742 Btu/lb.
    (ii) Bovine manure: 1,869 Btu/lb.
    (iii) Chicken manure: 2,700 Btu/lb.
    (iv) Municipal wastewater treatment sludge: 3,131 Btu/lb.
* * * * *
    (xv) * * *
    (B) A written justification which explains why each feedstock a
producer lists according to paragraph (b)(1)(xv)(A) of this section
meets the definition of crop residue.
* * * * *
    (xvii) A RIN generator or biointermediate producer that generates
RINs for a co-processed fuel or produces a co-processed intermediate
under Sec.  80.1426(f)(4) must provide all the following information
for each facility:
    (A) Whether Approach A, B, C, or D will be used to generate RINs.
    (B) For Approaches A, B, and C, a description of the process and
any supporting data describing how the process meets the applicable
requirements of the approach.
    (C) For Approach C, all the following information:
    (1) A description of how the renewable fuel or biointermediate
producer will determine the values used in all equations for Approach
C, including additional information used to determine those values, and
an explanation of why this approach is either accurate or provides a
conservative estimate of the amount of renewable fuel produced.
    (2) A list of the meters or other measurement locations that will
be used to determine the values for Approach C, including any methods
or standards used for each meter or measurement, and a process flow
diagram showing their locations.
    (3) A list of assumptions underlying the calculation of the values
for Approach C and an explanation of why each assumption is accurate or
provides a conservative estimate of the amount of renewable fuel
produced, including a literature review and testing, as applicable.
    (4) Any additional supporting information needed to evaluate
whether Approach C accurately or conservatively estimates the amount of
renewable fuel as requested by EPA.
    (D) For Approach D, all the following information:
    (1) A description and any supporting data describing why the
process cannot meet the requirements specified for Approaches A, B, and
C.
    (2) A description of how the renewable fuel or biointermediate
producer will determine the volume of renewable fuel produced,
including relevant equations, and an explanation of why this approach
is either accurate or provides a conservative estimate of the volume of
renewable fuel produced.
    (3) A list of the meters or other measurement locations that will
be used to determine the values in paragraph (b)(1)(xvii)(D)(2) of this
section, including any methods or standards used for each meter or
measurement, and a process flow diagram showing their locations.
    (4) A list of assumptions underlying the calculation of the volume
of renewable fuel produced and an explanation of why each assumption is
accurate or provides a conservative estimate of the amount of renewable
fuel produced, including a literature review and testing, as
applicable.
    (5) Any additional supporting information needed to evaluate
whether Approach D accurately or conservatively estimates the amount of
renewable fuel as requested by EPA.
    (2) An independent third-party engineering review and written
report and verification of the information provided pursuant to
paragraph (b)(1) of this section and Sec.  80.145, as applicable. * * *
* * * * *
    (ii) The independent third-party engineer and its contractors and
subcontractors must meet the independence requirements specified in
Sec.  80.1471(b)(1), (2), (4), (5), (7) through (10), (12), and (13).
    (iii) The independent third-party engineer must sign, date, and
submit to EPA with the written report the following conflict of
interest statement: ``I certify that the engineering review and written
report required and submitted under 40 CFR 80.1450(b)(2) was conducted
and prepared by me, or under my direction or supervision, in accordance
with a system designed to assure that qualified personnel properly
gather and evaluate the information upon which the engineering review
was conducted and the written report is based. I further certify that
the engineering review was conducted and this written report was
prepared pursuant to the requirements of 40 CFR part 80 and all other
applicable auditing, competency, independence, impartiality, and
conflict of interest standards and protocols. Based on my personal
knowledge and experience, and inquiry of personnel involved, the
information submitted herein is true, accurate, and complete. I am
aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for
knowing violations.''
    (iv)(A) To verify the accuracy of the information provided in
paragraph (b)(1)(ii) of this section, the independent third-party
engineer must conduct independent calculations of the throughput rate-
limiting step in the production process, take digital photographs of
all process units depicted in the process flow diagram

during the site visit, and certify that all process unit connections
are in place and functioning based on the site visit.
    (B) To verify the accuracy of the information in paragraph
(b)(1)(iii) of this section, the independent third-party engineer must
obtain independent documentation from parties in contracts with the
producer for any co-product sales or disposals.
    (C) To verify the accuracy of the information provided in paragraph
(b)(1)(iv) of this section, the independent third-party engineer must
obtain independent documentation from all process heat fuel suppliers
of the process heat fuel supplied to the facility.
    (D) To verify the accuracy of the information provided in paragraph
(b)(1)(v) of this section, the independent third-party engineer must
conduct independent calculations of the Converted Fraction that will be
used to generate RINs.
* * * * *
    (viii) The independent third-party engineer must provide to EPA
documentation demonstrating that a site visit, as specified in
paragraph (b)(2) of this section, occurred. Such documentation must
include digital photographs with date and geographic coordinates taken
during the site visit and a description of what is depicted in the
photographs.
    (ix) Reports required under paragraph (b)(2) of this section must
be electronically submitted directly to EPA by an independent third-
party engineer using forms and procedures established by EPA.
* * * * *
    (d) * * *
    (3) All renewable fuel producers, foreign ethanol producers, and
biointermediate producers must update registration information and
submit an updated independent third-party engineering review as
follows:
* * * * *
    (ii) For all renewable fuel producers, foreign ethanol producers,
and biointermediate producers registered in any calendar year after
2010, the updated registration information and independent third-party
engineering review must be submitted to EPA by January 31 of every
third calendar year after the date of the first independent third-party
engineering review site visit conducted under paragraph (b)(2) of this
section. For example, if a renewable fuel producer arranged for a
third-party engineer to conduct the first site-visit on December 15,
2023, the three-year independent third-party engineer review must be
submitted by January 31, 2027.
    (iii) For all renewable fuel producers, in addition to conducting
the engineering review and written report and verification required by
paragraph (b)(2) of this section, the updated independent third-party
engineering review must include a detailed review of the renewable fuel
producer's calculations and assumptions used to determine
VRIN of a representative sample of batches of each type of
renewable fuel produced since the last registration. The representative
sample must be selected in accordance with the sample size guidelines
set forth at 40 CFR 1090.1805 and must be selected from batches of
renewable fuel produced through at least the second quarter of the
calendar year prior to the applicable January 31 deadline.
* * * * *
    (v) Independent third-party engineers must conduct on-site visits
required under this paragraph of this section no sooner than July 1 of
the calendar year prior to the applicable January 31 deadline.
    (vi) The site visit must occur when the renewable fuel production
facility is producing renewable fuel or when the biointermediate
production facility is producing biointermediates.
* * * * *
    (g) * * *
    (10) * * *
    (ii) The independent third-party auditor submits an affidavit
affirming that they have only verified RINs and biointermediates using
a QAP approved under Sec.  80.1469 and notified all appropriate parties
of all potentially invalid RINs as described in Sec.  80.1471(d).
* * * * *
0
29. Amend Sec.  80.1451 by:
0
a. In paragraph (a) introductory text, removing the text ``described in
Sec.  80.1406'' and ``described in Sec.  80.1430'';
0
b. Revising paragraph (a)(1)(iii);
0
c. In paragraph (a)(1)(vi), removing the text ``defined'' and adding,
in its place, the text ``specified'';
0
d. Revising paragraphs (a)(1)(viii) and (ix);
0
e. In paragraph (a)(1)(xiii), removing the text ``the Administrator''
and adding, in its place, the text ``EPA'';
0
f. Revising paragraphs (a)(1)(xvi), (xvii), and (xviii);
0
g. In paragraph (b)(1)(ii)(O), removing the text ``as defined in Sec.
80.1401'';
0
h. In paragraph (b)(1)(ii)(T), removing the text ``Sec.  80.1468'' and
adding, in its place, the text ``Sec.  80.3'';
0
i. Revising paragraph (b)(1)(ii)(U) introductory text;
0
j. Redesignating paragraph (b)(1)(ii)(W) as paragraph (b)(1)(ii)(X) and
adding a new paragraph (b)(1)(ii)(W);
0
k. In newly redesignated paragraph (b)(1)(ii)(X), removing the text
``the Administrator'' and adding, in its place, the text ``that EPA'';
0
l. In paragraph (c)(1)(iii)(K), removing the text ``the Administrator''
and adding, in its place, the text ``EPA'';
0
m. In paragraphs (c)(2)(i)(J) and (L), removing the text ``as defined
in'' and adding, in its place, the text ``under'';
0
n. In paragraph (c)(2)(i)(R), removing the text ``the Administrator''
and adding, in its place, the text ``EPA'';
0
o. In paragraphs (c)(2)(ii)(D)(8) and (10), removing the text ``as
defined in'' and adding, in its place, the text ``under'';
0
p. Revising paragraph (c)(2)(ii)(D)(14);
0
q. In paragraph (c)(2)(ii)(I), removing the text ``the Administrator''
and adding, in its place, the text ``EPA'';
0
r. In paragraph (e) introductory text, remove the text ``as defined in
Sec.  80.1401 who'' and adding, in its place, the text ``that'';
0
s. Adding paragraph (f)(4);
0
t. In paragraph (g)(1)(ii)(Q), removing the text ``the Administrator''
and adding, in its place, the text ``that EPA'';
0
u. In paragraphs (g)(2)(xi) and (h)(2), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA'';
0
v. In paragraph (j)(1)(xvi), removing the text ``the Administrator''
and adding, in its place, the text ``that EPA''; and
0
w. In paragraph (k), removing the text ``the Administrator'' and
adding, in its place, the text ``EPA''.
    The revisions and additions read as follows:

Sec.  80.1451  What are the reporting requirements under the RFS
program?

    (a) * * *
    (1) * * *
    (iii) Whether the refiner is complying on a corporate (aggregate)
or facility-by-facility basis.
* * * * *
    (viii) The total current-year RINs by category of renewable fuel
(i.e., cellulosic biofuel, biomass-based diesel, advanced biofuel,
renewable fuel, and cellulosic diesel), retired for compliance.
    (ix) The total prior-year RINs by renewable fuel category retired
for compliance.
* * * * *
    (xvi) The total current-year RINs by category of renewable fuel
(i.e., cellulosic biofuel, biomass-based diesel, advanced biofuel,
renewable fuel, and cellulosic diesel), retired for compliance

that are invalid as specified in Sec.  80.1431(a).
    (xvii) The total prior-year RINs by renewable fuel category retired
for compliance that are invalid as specified in Sec.  80.1431(a).
    (xviii) A list of all RINs that were retired for compliance in the
reporting period and are invalid as specified in Sec.  80.1431(a).
* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (U) Producers generating D code 3 or 7 RINs for cellulosic biofuel
other than biogas-derived renewable fuel, and that was produced from
two or more feedstocks converted simultaneously, at least one of which
has less than 75% average adjusted cellulosic content, and using a
combination of processes or a process other than a thermochemical
process or a combination of processes, must report all of the
following:
* * * * *
    (W) Renewable fuel and biointermediate producers that produce co-
processed fuel or intermediate under Sec.  80.1426(f)(4) must report
the following information, as applicable:
    (1) For Approach A, the following information by batch:
    (i) The standardized volume of the batch of co-processed fuel or
intermediate at 60 [deg]F, in gallons.
    (ii) The renewable fraction of the co-processed fuel or
intermediate, as a percentage.
    (iii) The test method used to measure the renewable fraction under
Sec.  80.1426(f)(9).
    (2) For Approach B, the following information by batch:
    (i) The standardized volume of the batch of co-processed fuel or
intermediate at 60 [deg]F, in gallons.
    (ii) The mass of each feedstock, in pounds.
    (iii) The average moisture content of each feedstock, as a mass
fraction.
    (iv) The energy content of each feedstock, in Btu/lb.
    (3) For Approach C, the following information by batch:
    (i) The energy density of the renewable fuel or biointermediate, in
Btu per gallon.
    (ii) Each input used to calculate ERB,DX, in Btu.
    (4) For Approach D, all the information specified at registration
to be reported, by batch.
* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (D) * * *
    (14) For compliance periods ending on or before December 31, 2023,
the volume of renewable fuel (in gallons) owned at the end of the
quarter.
* * * * *
    (f) * * *
    (4) Monthly reporting schedule. Any party required to submit
information or reports on a monthly basis must submit such information
or reports by the end of the subsequent calendar month.
* * * * *

Sec.  80.1452  [Amended]

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30. Amend Sec.  80.1452 by:
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a. In paragraph (b)(14), removing the text ``as defined in Sec.
80.1401'';
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b. In paragraph (b)(18), removing the text ``the Administrator'' and
adding, in its place, the text ``that EPA''; and
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c. In paragraphs (c)(14) and (d), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA''.
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31. Amend Sec.  80.1453 by:
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a. Revising paragraph (a) introductory text;
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b. Adding paragraph (a)(11)(i)(D);
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c. Revising paragraphs (a)(12) introductory text and (a)(12)(v);
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d. Adding paragraph (a)(12)(viii);
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e. In paragraphs (d) and (f)(1)(vi), removing the text ``Sec.
80.1401'' and adding, in its place, the text ``Sec.  80.2''; and
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f. Adding paragraph (f)(1)(vii).
    The revisions and additions read as follows:

Sec.  80.1453  What are the product transfer document (PTD)
requirements for the RFS program?

    (a) On each occasion when any party transfers ownership of neat or
blended renewable fuels or RNG, except when such fuel is dispensed into
motor vehicles or nonroad vehicles, engines, or equipment, or separated
RINs subject to this subpart, the transferor must provide to the
transferee documents that include all of the following information, as
applicable:
* * * * *
    (11) * * *
    (i) * * *
    (D) Beginning January 1, 2024, the identifying information for a
RIN must also include the assigned equivalence value of the renewable
fuel along with the following statement: ``These assigned RINs may only
be separated up to the amount of the assigned equivalence value on a
per-gallon basis''.
* * * * *
    (12) For the transfer of renewable fuel or RNG for which RINs were
generated, an accurate and clear statement on the product transfer
document of the fuel type from the approved pathway, and designation of
the fuel use(s) intended by the transferor, as follows:
* * * * *
    (v) Naphtha. ``This volume of neat or blended naphtha is designated
and intended for use as transportation fuel or jet fuel in the 48 U.S.
contiguous states and Hawaii. This naphtha may only be used as a
gasoline blendstock, E85 blendstock, or jet fuel. Any person exporting
this fuel is subject to the requirements of 40 CFR 80.1430.''.
* * * * *
    (viii) RNG. ``This volume of RNG is designated and intended for
transportation use in the 48 U.S. contiguous states and Hawaii or as a
feedstock to produce a renewable fuel and may not be used for any other
purpose. Any person exporting this fuel is subject to the requirements
of 40 CFR 80.1430. Assigned RINs to this volume of RNG must not be
separated unless the RNG is used as transportation fuel in the 48 U.S.
contiguous states and Hawaii.''
* * * * *
    (f) * * *
    (1) * * *
    (vii) For biogas designated for use as a biointermediate, any
applicable PTD requirements under Sec.  80.160.
* * * * *
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32. Amend Sec.  80.1454 by:
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a. In paragraph (a) introductory text, removing the text ``(as
described at Sec.  80.1406)'' and ``(as described at Sec.  80.1430)'';
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b. In paragraph (b) introductory text, removing the text ``as defined
in Sec.  80.1401'';
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c. Revising paragraphs (b)(3)(ix) and (xii);
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d. In paragraph (b)(8), removing the text ``Sec.  80.1401'' and adding,
in its place, the text ``Sec.  80.2'';
0
e. In paragraphs (c)(1) introductory text, (c)(1)(iii), and (c)(2)
introductory text, removing the text ``(as defined in Sec.  80.1401)'';
0
f. Adding paragraphs (c)(2)(vii) and (c)(3);
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g. Revising paragraph (d) introductory text;
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h. Redesignating paragraphs (d)(1) through (4) as paragraphs (d)(2)
through (5), respectively, and adding a new paragraph (d)(1);
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i. In newly redesignated paragraph (d)(2)(ii), removing the text
``(d)(1)(i)'' and adding, in its place, the text ``(d)(2)(i)'';
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j. In newly redesignated paragraph (d)(4)(ii)(B), removing the text
``(d)(3)(ii)(A)'' and adding, in its place, the text ``(d)(4)(ii)(A)'';
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k. Revising newly redesignated paragraph (d)(5);

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l. Adding paragraph (d)(6);
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m. In paragraphs (h)(3)(iv) and (v), removing the text ``as defined in
Sec.  80.1401'';
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n. Removing paragraphs (h)(6)(vi) and (vii);
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o. Revising paragraph (j) introductory text;
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p. In paragraphs (j)(1)(iii) and (j)(2)(iv), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA'';
0
q. Revising paragraph (k) introductory text;
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r. In paragraph (k)(2)(v), removing the text ``the Administrator'' and
adding, in its place, the text ``EPA'';
0
s. Revising paragraph (l) introductory text;
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t. In paragraphs (l)(4) and (m)(11), removing the text ``the
Administrator'' and adding, in its place, the text ``EPA'';
0
u. In paragraph (t), removing the text ``the Administrator or the
Administrator's authorized representative'' and adding, in its place,
the text ``EPA''; and
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v. In paragraph (v), removing the text ``the Administrator'' and
adding, in its place, the text ``EPA''.
    The revisions and additions read as follows:

Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

* * * * *
    (b) * * *
    (3) * * *
    (ix) All facility-determined values used in the calculations under
Sec.  80.1426(f)(4) and the data used to obtain those values.
* * * * *
    (xii) For RINs generated for ethanol produced from corn starch at a
facility using an approved pathway that requires the use of one or more
of the advanced technologies listed in Table 2 to Sec.  80.1426,
documentation to demonstrate that employment of the required advanced
technology or technologies was conducted in accordance with the
specifications in the approved pathway and Table 2 to Sec.  80.1426,
including any requirement for application to 90% of the production on a
calendar year basis.
* * * * *
    (c) * * *
    (2) * * *
    (vii) For renewable fuel or biointermediate produced from a type of
renewable biomass not specified in paragraphs (c)(1)(i) through (vi) of
this section, documents from their feedstock supplier certifying that
the feedstock qualifies as renewable biomass, describing the feedstock.
    (3) Producers of renewable fuel or biointermediate produced from
separated yard and food waste, biogenic oils/fats/greases, or separated
MSW must comply with either the recordkeeping requirements in paragraph
(j) of this section or the alternative recordkeeping requirements in
Sec.  80.1479.
    (d) Additional requirements for domestic producers of renewable
fuel. (1) Except as provided in paragraphs (g) and (h) of this section,
any domestic producer of renewable fuel that generates RINs for such
fuel must keep documents associated with feedstock purchases and
transfers that identify where the feedstocks were produced and are
sufficient to verify that feedstocks used are renewable biomass if RINs
are generated.
* * * * *
    (5) Domestic producers of renewable fuel or biointermediates
produced from a type of renewable biomass not specified in paragraphs
(d)(2) through (4) of this section must have documents from their
feedstock supplier certifying that the feedstock qualifies as renewable
biomass, describing the feedstock.
    (6) Producers of renewable fuel or biointermediate produced from
separated yard and food waste, biogenic oils/fats/greases, or separated
MSW must comply with either the recordkeeping requirements in paragraph
(j) of this section or the alternative recordkeeping requirements in
Sec.  80.1479.
* * * * *
    (j) Additional requirements for producers that use separated yard
waste, separate food waste, separated MSW, or biogenic waste oils/fats/
greases. Except for parties complying with the alternative
recordkeeping requirements in Sec.  80.1479, a renewable fuel or
biointermediate producer that produces fuel or biointermediate from
separated yard waste, separated food waste, separated MSW, or biogenic
waste oils/fats/greases must keep all the following additional records:
* * * * *
    (k) Additional requirements for producers of renewable CNG/LNG,
biogas and electricity in pathways involving grain sorghum as
feedstock, and renewable fuel that uses process heat from biogas. (1)
Renewable CNG/LNG. A renewable fuel producer that generates RINs for
renewable CNG/LNG under Sec.  80.1426(f)(10) or (11), or that uses
process heat from biogas to produce renewable fuel under Sec.
80.1426(f)(12), must keep all the following additional records:
    (i) Documentation recording the sale of renewable CNG/LNG for use
as transportation fuel relied upon in Sec.  80.1426(f)(10), Sec.
80.1426(f)(11), or for use of biogas for process heat to make renewable
fuel as relied upon in Sec.  80.1426(f)(12) and the transfer of title
of the biogas, or renewable CNG/LNG from the point of biogas production
to the facility which sells or uses the fuel for transportation
purposes.
    (ii) Documents demonstrating the volume, energy content, and
applicable D code of biogas or renewable CNG/LNG relied upon under
Sec.  80.1426(f)(10) that was delivered to the facility which sells or
uses the fuel for transportation purposes.
    (iii) Documents demonstrating the volume, energy content, and
applicable D code of biogas or renewable CNG/LNG relied upon under
Sec.  80.1426(f)(11) or (12), as applicable, that was placed into the
commercial distribution system.
    (iv) Documents demonstrating the volume and energy content of
biogas relied upon under Sec.  80.1426(f)(12) at the point of
distribution.
    (v) Affidavits, EPA-approved documentation, or data from a real-
time electronic monitoring system, confirming that the amount of the
biogas or renewable CNG/LNG relied upon under Sec.  80.1426(f)(10) and
(11) was used as transportation fuel and for no other purpose. The RIN
generator must obtain affidavits, or monitoring system data under this
paragraph (k), for each quarter.
    (vi) A copy of the biogas producer's Compliance Certification
required under Title V of the Clean Air Act.
    (vii) Any other records as requested by EPA.
    (2) Biogas and electricity in pathways involving grain sorghum as
feedstock. A renewable fuel producer that produces fuel pursuant to a
pathway that uses grain sorghum as a feedstock must keep all of the
following additional records, as appropriate:
    (i) Contracts and documents memorializing the purchase and sale of
biogas and the transfer of biogas from the point of generation to the
ethanol production facility.
    (ii) If the advanced biofuel pathway is used, documents
demonstrating the total kilowatt-hours (kWh) of electricity used from
the grid, and the total kWh of grid electricity used on a per gallon of
ethanol basis, pursuant to Sec.  80.1426(f)(13).
    (iii) Affidavits from the biogas producer used at the facility, and
all parties that held title to the biogas, confirming that title and
environmental attributes of the biogas relied upon under Sec.
80.1426(f)(13) were used for producing ethanol at the renewable fuel
production facility and for no other purpose. The renewable fuel
producer

must obtain these affidavits for each quarter.
    (iv) The biogas producer's Compliance Certification required under
Title V of the Clean Air Act.