Sec.  80.1434(b).

Sec.  80.135  Registration.

    (a) Applicability. The following parties must register using the
procedures specified in this section, Sec.  80.1450 and 40 CFR
1090.800:
    (1) Biogas producers.
    (2) RNG producers.
    (3) RNG importers.
    (4) Biogas closed distribution system RIN generators.
    (5) RNG RIN separators.
    (6) Renewable fuel producers using biogas as a biointermediate or
RNG as a feedstock.
    (b) General registration requirements. Parties must submit
applicable information for companies and facilities as specified in 40
CFR 1090.805.
    (1) New registrants. (i) Parties required to register under this
subpart must have an EPA-accepted registration prior to engaging in
regulated activities under this subpart.
    (ii) Registration information must be submitted at least 60 days
prior to engaging in regulated activities under this subpart.
    (iii) Parties may engage in regulated activities under this subpart
once EPA has accepted their registration and they have met all other
applicable requirements under this subpart.
    (2) Existing renewable CNG/LNG registrations. (i) Parties listed in
paragraph (a) of this section must submit updated registration
information that complies with the applicable requirements of this
section for any company or facility covered by a registration accepted
under Sec.  80.1450(b) for the generation of RINs under Sec.
80.1426(f)(10)(ii) or (11)(ii) no later than October 1, 2024.
    (ii) A biogas closed distribution system RIN generator or biogas
producer does not need to submit an updated engineering review for any
facility in the biogas closed distribution system as specified in Sec.
80.1450(d)(1) before the next three-year engineering review update is
due as specified in Sec.  80.1450(d)(3).

    (3) Engineering reviews. (i) Any party required to register a
facility under this section must undergo all the following:
    (A) A third-party engineering review as specified in Sec.
80.1450(b)(2).
    (B) Three-year engineering review updates as specified in Sec.
80.1450(d)(3).
    (ii) Third-party engineering reviews and three-year engineering
review updates required under paragraph (b)(3)(i) of this section must
evaluate all applicable registration information submitted under this
section as well as all applicable requirements in Sec.  80.1450(b).
    (iii) A party may arrange for an independent third-party engineer
to conduct a single site visit and submit a single engineering review
report for a facility that performs multiple activities (e.g., a
facility that both produces biogas and upgrades it to RNG) under this
subpart as long as the site visit and engineering review report
includes all the requirements for each activity performed.
    (4) Registration updates. (i) Parties registered under this section
must submit updated registration information to EPA within 30 days when
any of the following occur:
    (A) The registration information previously supplied becomes
incomplete or inaccurate.
    (B) Facility information is updated under Sec.  80.1450(d)(1), as
applicable.
    (C) A change of ownership is submitted under 40 CFR 1090.820.
    (ii) Parties registered under this section must submit updated
registration information to EPA within 7 days when any facility
information is updated under Sec.  80.1450(d)(2).
    (iii) Parties that register a facility under this section must
update their registration information and undergo a three-year
engineering review update as specified in Sec.  80.1450(d)(3).
    (5) Registration deactivations. EPA may deactivate the registration
of a party registered under this section as specified in Sec.
80.1450(h), 40 CFR 1090.810, or 40 CFR 1090.815, as applicable.
    (c) Biogas producer. In addition to the information required under
paragraph (b) of this section, a biogas producer must submit all the
following information for each biogas production facility:
    (1) Information describing the biogas production capacity for the
biogas production facility, in Btu HHV, including the following:
    (i) Information regarding the permitted capacity in the most recent
applicable air permits issued by EPA, a state, a local air pollution
control agency, or a foreign governmental agency that governs the
biogas production facility, if available.
    (ii) Documents demonstrating the biogas production facility's
nameplate capacity.
    (iii) Information describing the biogas production facility's
biogas production for each of the last three calendar years prior to
the registration submission, if available.
    (2) Whether the biogas will be used to produce RNG, renewable CNG/
LNG, or biointermediate and information identifying the facility that
will be supplied.
    (3) The following information related to biogas measurement:
    (i) A description of how biogas will be measured under Sec.
80.155(a), including the specific standards under which the meters are
operated.
    (ii) A description of the biogas production process, including a
process flow diagram that includes metering type(s) and location(s).
    (iii) For an alternative measurement protocol under Sec.
80.155(a)(3), all the following:
    (A) A description of why the biogas producer is unable to use
meters that comply with the requirements specified in Sec.
80.155(a)(1) and (2), as applicable.
    (B) A description of how measurement is conducted.
    (C) Any standards or specifications that apply.
    (D) A description of all routine maintenance and the frequency that
such maintenance will be conducted.
    (E) A description of the frequency of all measurements and how
often such measurements will be recorded under the alternative
measurement protocol.
    (F) A comparison between the accuracy, precision, and reliability
of the alternative measurement protocol and the requirements specified
in Sec.  80.155(a)(1) and (2), as applicable, including any supporting
data.
    (4) For biogas used to produce renewable CNG/LNG in a biogas closed
distribution system, all the following additional information:
    (i) A process flow diagram of each step of the physical process
from feedstock entry to the point where the renewable CNG/LNG is
dispensed as transportation fuel. This includes all the following:
    (A) Feedstock processing.
    (B) Biogas production.
    (C) Biogas processing.
    (D) Renewable CNG/LNG production.
    (E) Points where non-renewable natural gas may be added.
    (F) Dispensing stations.
    (G) Measurement locations and equipment.
    (H) Major equipment (e.g., tanks, pipelines, flares, separation
equipment, compressors, and dispensing infrastructure).
    (I) Any other process-related information as requested by EPA.
    (ii) A description of losses of heating content going from biogas
to renewable CNG/LNG and an explanation of how such losses would be
accounted for.
    (iii) A description of the physical process from biogas production
to dispensing of renewable CNG/LNG as transportation fuel, including
the biogas closed distribution system.
    (iv) A description of the vehicle fleet and dispensing stations
that are expected to use and distribute the renewable CNG/LNG as
transportation fuel.
    (5) For biogas used as a biointermediate, all the information
specified in Sec.  80.1450(b)(1)(ii)(B).
    (6) For biogas used to produce RNG, all the following additional
information:
    (i) The RNG producer that will upgrade the biogas.
    (ii) A process flow diagram of the physical process from biogas
production to entering the RNG production facility, including major
equipment (e.g., tanks, pipelines, flares, separation equipment).
    (iii) A description of the physical process from biogas production
to entering the RNG production facility, including an explanation of
how the biogas reaches the RNG production facility.
    (7) For biogas produced in an agricultural digester, all the
following information:
    (i) A separated yard waste plan specified in Sec.
80.1450(b)(1)(vii)(A), as applicable.
    (ii) Crop residue information specified in Sec.  80.1450(b)(1)(xv),
as applicable.
    (iii) A process flow diagram of the physical process from feedstock
entry to biogas production, including major equipment (e.g., feedstock
preprocessing equipment, tanks, digesters, pipelines, flares).
    (8) For biogas produced in a municipal wastewater treatment
facility digester, a process flow diagram of the physical process from
feedstock entry to biogas production, including major equipment (e.g.,
feedstock preprocessing equipment, tanks, digesters, pipelines,
flares).
    (9) For biogas produced in a separated MSW digester, all the
following information:
    (i) Separated MSW plan specified in Sec.  80.1450(b)(1)(viii).
    (ii) A process flow diagram of the physical process from feedstock
entry to biogas production, including major equipment (e.g., feedstock
preprocessing equipment, tanks, digesters, pipelines, flares).

    (10) For biogas produced in other waste digesters, all the
following information, as applicable:
    (i) A separated MSW plan specified in Sec.  80.1450(b)(1)(viii).
    (ii) A separated yard waste plan specified in Sec.
80.1450(b)(1)(vii)(A).
    (iii) Crop residues information specified in Sec.
80.1450(b)(1)(xv).
    (iv) A separated food waste plan or biogenic waste oils/fats/
greases plan specified in Sec.  80.1450(b)(1)(vii)(B).
    (v) A process flow diagram of each step of the physical process
from feedstock entry to the point where the biogas either leaves the
facility or is used to produce RNG, biointermediate, or biogas-derived
renewable fuel. This includes all the following:
    (A) Feedstock processing.
    (B) Biogas production.
    (C) Biogas processing.
    (D) Major equipment (e.g., feedstock preprocessing equipment,
tanks, digesters, pipelines, flares).
    (E) Measurement locations and equipment.
    (F) Any other process-related information as requested by EPA.
    (vi) For biogas produced in a mixed digester, all the following:
    (A) For biogas producers using a value under Sec.
80.105(j)(2)(iv)(E), all the following:
    (1) The cellulosic converted fraction (CF) for each cellulosic
biogas feedstock that will be used in Sec.  80.105(j)(2)(iii), in Btu
HHV/lb feedstock, rounded to the nearest whole number.
    (2) Data supporting the cellulosic CF from each cellulosic biogas
feedstock. Data must be derived from processing of cellulosic biogas
feedstock(s) in anaerobic digesters without simultaneous conversion
under similar conditions as will be run in the simultaneously converted
process. Data must be either from the facility when it was processing
solely the feedstock that does have a minimum 75% adjusted cellulosic
content or from a representative sample of other representative
facilities processing the feedstock that does have a minimum 75%
adjusted cellulosic content.
    (3) A description of how the cellulosic CF was determined,
including any calculations demonstrating how the data were used.
    (4) A list of ranges of processing conditions, including
temperature, solids mean residence time, and hydraulic mean residence
time, for which the cellulosic CF is accurate and a description of how
such processing conditions will be measured by the facility.
    (5) A demonstration that no biogas generated from non-cellulosic
biogas feedstocks could be used to generate RINs for a batch of
renewable fuel with a D code of 3 or 7. EPA may reject this
demonstration if it is not sufficiently protective.
    (B) A description of the meters used to determine the mass of
cellulosic biogas feedstock.
    (C) The location of feedstock sampling, additive (e.g., water)
addition, and mass measurement for use in Sec.  80.105(j)(2)(iii)
included in the process flow diagram required under paragraph
(c)(10)(v) of this section.
    (D) For facilities using composite sampling under Sec.
80.155(c)(3), a composite sampling plan, including all the following:
    (1) A description of when and where the samples will be collected.
    (2) A description of how the samples will be stored prior to
testing.
    (3) A description of how daily representative samples will be
mixed, including how the ratio of each sample will be determined.
    (4) A description of how often testing will occur.
    (5) A description of how the plan complies with Sec.  80.155(c)(2).
    (d) RNG producer. In addition to the information required under
paragraph (b) of this section, an RNG producer must submit all the
following information for each RNG production facility:
    (1) All applicable information in Sec.  80.1450(b)(1)(ii).
    (2) Information to establish the RNG production capacity for the
RNG production facility, in Btu LHV, including all the following, as
applicable:
    (i) Information regarding the permitted capacity in the most recent
applicable air permits issued by EPA, a state, a local air pollution
control agency, or a foreign governmental agency that governs the RNG
production facility, if available.
    (ii) Documents demonstrating the RNG production facility's
nameplate capacity.
    (iii) Information describing the RNG production facility's RNG
production for each of the last three calendar years prior to the
registration submission, if available.
    (3) The following information related to RNG measurement:
    (i) A description of how RNG will be measured under Sec.
80.155(a), including the specific standards under which the meters are
operated.
    (ii) A description of the RNG production process, including a
process flow diagram that includes metering type(s) and location(s).
    (iii) For an alternative measurement protocol under Sec.
80.155(a)(3), all the following:
    (A) A description of why the RNG producer is unable to use meters
that comply with the requirements specified in Sec.  80.155(a)(1) and
(2), as applicable.
    (B) A description of how measurement is conducted.
    (C) Any standards or specifications that apply.
    (D) A description of all routine maintenance and the frequency that
such maintenance will be conducted.
    (E) A description of the frequency of all measurements and how
often such measurements will be recorded under the alternative
measurement protocol.
    (F) A comparison between the accuracy, precision, and reliability
of the alternative measurement protocol and the requirements specified
in Sec.  80.155(a)(1) and (2), as applicable, including any supporting
data.
    (4) The natural gas commercial pipeline system name and pipeline
interconnect location into which the RNG will be injected.
    (5) A description of the natural gas specifications for the natural
gas commercial pipeline system into which the RNG will be injected,
including information on all parameters regulated by the pipeline
(e.g., hydrogen sulfide, total sulfur, carbon dioxide, oxygen,
nitrogen, heating content, moisture, siloxanes, and any other available
data related to the gas components).
    (6) For three-year registration updates, information related to RNG
quality, including all the following:
    (i) A certificate of analysis--including the major and minor gas
components--from an independent laboratory for a representative sample
of the biogas produced at the biogas production facility as specified
in Sec.  80.155(b).
    (ii) A certificate of analysis--including the major and minor gas
components--from an independent laboratory for a representative sample
of the RNG prior to addition of non-renewable components as specified
in Sec.  80.155(b).
    (iii) If the RNG is blended with non-renewable components prior to
injection into a natural gas commercial pipeline system, a certificate
of analysis from an independent laboratory for a representative sample
of the RNG after blending with non-renewable components as specified in
Sec.  80.155(b).
    (iv) A summary table with the results of the certificates of
analysis required under paragraphs (d)(6)(i) through (iii) of this
section and the natural gas specifications required under paragraph
(d)(5) of this section converted to the same units.

    (v) EPA may approve an RNG producer's request of an alternative
analysis in lieu of the certificates of analysis and summary table
required under paragraphs (d)(6)(i) through (iv) of this section if the
RNG producer demonstrates that the alternative analysis provides
information that is equivalent to that provided in the certificates of
analysis and that the RNG will meet all natural gas specifications
required under paragraph (d)(5) of this section.
    (7) A RIN generation protocol that includes all the following
information:
    (i) The procedure for allocating RNG injected into the natural gas
commercial pipeline system to each RNG production facility and each
biogas production facility, including how discrepancies in meter values
will be handled.
    (ii) A diagram showing the locations of flow meters, gas analyzers,
and in-line GC meters used in the allocation procedure.
    (iii) A description of when RINs will be generated (e.g., receipt
of monthly pipeline statement, etc).
    (8) For an RNG production facility that injects RNG at a pipeline
interconnect that also has RNG injected from other sources, a
description of how the RNG producers will allocate RINs to ensure that
all facilities comply with the requirements specified in Sec.
80.125(b)(7).
    (9) For a foreign RNG producer, all the following additional
information:
    (i) The applicable information specified in Sec.  80.160.
    (ii) Whether the foreign RNG producer will generate RINs for their
RNG.
    (iii) For non-RIN generating foreign RNG producers, the name and
EPA-issued company and facility IDs of the contracted importer under
Sec.  80.160(e).
    (e) RNG importer. In addition to the information required under
paragraph (b) of this section, an RNG importer must submit all the
following information:
    (1) The name and EPA-issued company and facility IDs of the
contracted non-RIN generating foreign RNG producer under Sec.
80.160(e).
    (2) The name and contact information for the independent third
party specified in Sec.  80.160(h).
    (f) RNG RIN separator. In addition to the information required
under paragraph (b) of this section, an RNG RIN separator must submit a
list of locations of any dispensing stations where the RNG RIN
separator supplies or intends to supply renewable CNG/LNG for use as
transportation fuel.
    (g) Renewable fuel producer using biogas as a biointermediate. In
addition to the information required under paragraph (b) of this
section, a renewable fuel producer using biogas as a biointermediate
must submit all the following:
    (1) All applicable information in Sec.  80.1450(b).
    (2) Documentation demonstrating a direct connection between the
biogas production facility and the renewable fuel production facility.

Sec.  80.140  Reporting.

    (a) General provisions--(1) Applicability. Parties must submit
reports to EPA according to the schedule and containing all applicable
information specified in this section.
    (2) Forms and procedures for report submission. All reports
required under this section must be submitted using forms and
procedures specified by EPA.
    (3) Additional reporting elements. In addition to any applicable
reporting requirement under this section, parties must submit any
additional information EPA requires to administer the reporting
requirements of this section.
    (4) English language reports. All reported information submitted to
EPA under this section must be submitted in English, or must include an
English translation.
    (5) Signature of reports. Reports required under this section must
be signed and certified as meeting all the applicable requirements of
this subpart by the RCO or their delegate identified in the company
registration under 40 CFR 1090.805(a)(1)(iv).
    (6) Report submission deadlines. Reports required under this
section must be submitted by the following deadlines:
    (i) Monthly reports must be submitted by the applicable monthly
deadline in Sec.  80.1451(f)(4).
    (ii) Quarterly reports must be submitted by the applicable
quarterly deadline in Sec.  80.1451(f)(2).
    (iii) Annual reports must be submitted by the applicable annual
deadline in Sec.  80.1451(f)(1).
    (8) Volume standardization. (i) All volumes reported to EPA in scf
under this section must be standardized to STP.
    (ii) All volumes reported to EPA in Btu under this section must be
converted according to Sec.  80.155(f), if applicable.
    (iii) All other volumes reported to EPA under this section must be
standardized according to Sec.  80.1426(f)(8).
    (b) Biogas producers. A biogas producer must submit monthly reports
to EPA containing all the following information for each batch of
biogas:
    (1) Batch number.
    (2) Production date (end date of the calendar month).
    (3) Verification status of the batch.
    (4) The batch volume of biogas supplied to the downstream party, in
Btu HHV and scf, as measured under Sec.  80.155.
    (5) The associated pathway information, including D code,
designated use of the biogas (e.g., biointermediate, renewable CNG/LNG,
or RNG), and feedstock information.
    (6) The EPA-issued company and facility IDs for the RNG producer,
biogas closed distribution system RIN generator, or renewable fuel
producer that received the batch of the biogas.
    (c) RNG producers. (1) An RNG producer must submit quarterly
reports to EPA containing all the following information:
    (i) The total volume of RNG, in Btu LHV and scf, produced and
injected into the natural gas commercial pipeline system as measured
under Sec.  80.155.
    (ii) The total volume of non-renewable components, in Btu LHV,
added to RNG prior to injection into the natural gas commercial
pipeline system.
    (2) A non-RIN generating foreign RNG producer must submit monthly
reports to EPA containing all the following information for each batch
of RNG:
    (i) Batch number.
    (ii) Production date (end date of the calendar month).
    (iii) Verification status of the batch.
    (iv) The associated pathway information, including D code,
production process, and feedstock information.
    (v) The EPA-issued company and facility IDs for the RNG importer
that will generate RINs for the batch.
    (d) Biogas closed distribution system RIN generators. A biogas
closed distribution system RIN generator must submit monthly reports to
EPA containing all the following information:
    (1)(i) For fuels that are gaseous at STP, the type and volume of
biogas-derived renewable fuel, in Btu LHV.
    (ii) For all other fuels, the type and volume of biogas-derived
renewable fuel, in gallons.
    (2) Each of the following, as applicable, as measured under Sec.
80.155:
    (i) The volume of biogas, in Btu HHV, used to produce the treated
biogas that is used to produce the biogas-derived renewable fuel.
    (ii) The volume of biogas, in Btu HHV, used to produce the biogas-
derived renewable fuel.
    (iii) The volume of treated biogas, in Btu HHV, used to produce the
biogas-derived renewable fuel.
    (3) The name(s) and location(s) of where the biogas-derived
renewable fuel is used or sold for use as transportation fuel.

    (4)(i) For fuels that are gaseous at STP, the volume of biogas-
derived renewable fuel, in Btu LHV, used at each location where the
biogas-derived renewable fuel is used or sold for use as transportation
fuel.
    (ii) For all other fuels, the volume of biogas-derived renewable
fuel, in gallons, used at each location where the biogas-derived
renewable fuel is used or sold for use as transportation fuel.
    (5) All applicable information in Sec.  80.1451(b).
    (e) RNG RIN separators. (1) An RNG RIN separator must submit
quarterly reports to EPA containing all the following information:
    (i) Name and location of each point where RNG was withdrawn from
the natural gas commercial pipeline system.
    (ii) Volume of RNG, in Btu LHV, withdrawn from the natural gas
commercial pipeline system during the reporting period by withdrawal
location.
    (iii) Volume of renewable CNG/LNG, in Btu LHV, dispensed during the
reporting period by withdrawal location.
    (2) An RNG RIN separator must submit monthly reports to EPA
containing all the following information for each batch of biogas:
    (i) The location where renewable CNG/LNG was dispensed as
transportation fuel.
    (ii) The volume of renewable CNG/LNG, in Btu LHV, dispensed as
transportation fuel at the location.
    (f) Retirement of RINs for RNG used as a feedstock or process heat.
A party that retires RINs for RNG used as a feedstock or as process
heat or energy under Sec.  80.1426(f)(12) or (13) must submit quarterly
reports to EPA containing all the following information:
    (1) The name(s) and location(s) of the natural gas commercial
pipeline where the RNG was withdrawn.
    (2) Volume of RNG, in Btu LHV, withdrawn from the natural gas
commercial pipeline during the reporting period by location.
    (3) The EPA-issued company and facility IDs for the facility that
used the withdrawn RNG as a feedstock or as process heat.
    (4) For each facility, the following information, as applicable:
    (i) For fuels that are gaseous at STP, the volume of biogas-derived
renewable fuel, in Btu LHV, produced using the withdrawn RNG.
    (ii) For all other fuels, the volume of biogas-derived renewable
fuel, in gallons, produced using the withdrawn RNG.
    (5) The number of RINs for RNG retired during the reporting period
by D code and verification status.

Sec.  80.145  Recordkeeping.

    (a) General requirements--(1) Records to be kept. All parties
subject to the requirements of this subpart must keep the following
records:
    (i) Compliance report records. Records related to compliance
reports submitted to EPA under this part as follows:
    (A) Copies of all reports submitted to EPA.
    (B) Copies of any confirmation received from the submission of such
reports to EPA.
    (C) Copies of all underlying information and documentation used to
prepare and submit the reports.
    (D) Copies of all calculations required under this subpart.
    (ii) Registration records. Records related to registration under
this part and 40 CFR part 1090, subpart I, as follows:
    (A) Copies of all registration information and documentation
submitted to EPA.
    (B) Copies of all underlying information and documentation used to
prepare and submit the registration request.
    (iii) PTD records. Copies of all PTDs required under this part.
    (iv) Subpart M records. Any applicable record required under 40 CFR
part 80, subpart M.
    (v) QAP records. Information and documentation related to
participation in any QAP program, including contracts between the
entity and the QAP provider, records related to verification activities
under the QAP, and copies of any QAP-related submissions.
    (vi) Sampling, testing, and measurement records. Documents
supporting the sampling, storage, testing, and measurement results
relied upon under Sec.  80.155, including all results, maintenance
records, and calibration records.
    (vii) Other records. Any other records relied upon by the party to
demonstrate compliance with this subpart.
    (viii) Potentially invalid RINs. Any records and copies of
notifications related to potentially inaccurate or non-qualifying
biogas volumes or potentially invalid RINs under Sec.  80.185.
    (ix) RNG importers and foreign parties. Any records related to RNG
importers and foreign parties under Sec. Sec.  80.160, 80.1466, and
80.1467, as applicable.
    (2) Length of time records must be kept. The records required under
this subpart must be kept for five years from the date they were
created, except that records related to transactions involving RINs
must be kept for five years from the date of the RIN transaction.
    (3) Make records available to EPA. Any party required to keep
records under this section must make records available to EPA upon
request by EPA. For records that are electronically generated or
maintained, the party must make available any equipment and software
necessary to read the records or, upon approval by EPA, convert the
electronic records to paper documents.
    (4) English language records. Any record requested by EPA under
this section must be submitted in English, or include an English
translation.
    (b) Biogas producers. In addition to the records required under
paragraph (a) of this section, a biogas producer must keep all the
following records:
    (1) Copies of all contracts, PTDs, affidavits required under this
part, and all other commercial documents with any RNG producer,
biointermediate producer, or renewable fuel producer.
    (2) Documents supporting the volume of biogas, in Btu HHV and scf,
produced for each batch.
    (3) Documents supporting the composition and cleanup of biogas
produced for each batch (e.g., meter readings of composition, records
of adsorbent replacement, records showing equipment operation including
maintenance and energy usage, and records of component streams
separated from the biomethane-enriched stream).
    (4) Information and documentation related to participation in any
QAP program, including contracts between the biogas producer and the
QAP provider, records related to verification activities under the QAP,
and copies of any QAP-related submissions.
    (5) Records related to measurement, including types of equipment
used, metering process, maintenance and calibration records, documents
supporting adjustments related to error correction, and measurement
data.
    (6) Documents supporting the use of each process heat source and
supporting the amount of each source used in the production process for
each batch.
    (7) All the applicable recordkeeping requirements for digester
feedstocks under Sec.  80.1454.
    (8) The following information and documents showing that the biogas
came from renewable biomass:
    (i) For all anaerobic digesters, documentation showing the mass of
each feedstock type input into the digester for each batch of biogas.
    (ii) For agricultural digesters, a quarterly affidavit signed by
the RCO or

their delegate that only animal manure, crop residue, or separated yard
waste that had an adjusted cellulosic content of at least 75% were used
to produce biogas during the quarter.
    (iii) For municipal wastewater treatment facility digesters and
separated MSW digesters, a quarterly affidavit signed by the RCO or
their delegate that only feedstocks that had an adjusted cellulosic
content of at least 75% were used to produce biogas during the quarter.
    (iv) For biogas produced from separated yard waste, separated food
waste, or biogenic waste oils/fats/greases, documents required under
Sec.  80.1454(j)(1).
    (v) For biogas produced from separated MSW, documents required
under Sec.  80.1454(j)(2).
    (9) For biogas produced in a mixed digester, all the following:
    (i) Documents for each delivery of feedstock to the biogas
production facility, demonstrating all the following for each unique
combination of feedstock supplier and type of feedstock:
    (A) The name of the feedstock supplier.
    (B) The type of feedstock.
    (C) The mass of that feedstock delivered from that supplier.
    (ii) Data, documents, and calculations related to digester
operating conditions required under Sec.  80.105(f)(2)(iii)(D).
    (iii) Documents for each batch showing how measurement data for
volatile solids, total solids, and mass were used to calculate batch
volume under Sec.  80.105(j)(2).
    (iv) Documents showing the amounts of additives (e.g., water),
timing of additive addition, and location of additive addition for all
additives added to the feedstock.
    (v) For samples tested for volatile solids and total solids,
documents showing the time and location that each sample was obtained
and tested.
    (c) RNG producers. In addition to the records required under
paragraph (a) of this section, an RNG producer must keep all the
following records:
    (1) Records related to the generation and assignment of RINs,
including all the following information:
    (i) Batch volume.
    (ii) Batch number.
    (iii) Production date when RINs were assigned to RNG.
    (iv) Injection point into the natural gas commercial pipeline
system.
    (v) Volume of biogas, in Btu HHV and scf, respectively, received at
each RNG production facility.
    (vi) Volume of RNG, in Btu LHV, Btu HHV, and scf, produced at each
RNG production facility.
    (vii) Pipeline injection statements describing the energy and
volume of natural gas for each pipeline interconnect.
    (2) Records related to each RIN transaction, separately for each
transaction, including all the following information:
    (i) A list of the RINs generated, owned, purchased, sold,
separated, retired, or reinstated.
    (ii) The parties involved in each transaction including the
transferor, transferee, and any broker or agent.
    (iii) The date of the transfer of the RINs.
    (iv) Additional information related to details of the transaction
and its terms.
    (3) Documentation recording the transfer and sale of RNG, from the
point of biogas production to the facility that sells or uses the fuel
for transportation purposes.
    (4) A copy of the RNG producer's Compliance Certification required
under Title V of the Clean Air Act.
    (5) Results of any laboratory analysis of chemical composition or
physical properties.
    (6) Documents supporting the composition of biogas and RNG and
cleanup of biogas for each batch (e.g., meter readings of composition,
records of adsorbent replacement, records showing equipment operation
including maintenance and energy usage, and records of component
streams separated from the biomethane-enriched stream).
    (7) Documents supporting the use of each process heat source and
supporting the amount of each source used in the production process for
each batch.
    (8) Records related to measurement, including types of equipment
used, metering process, maintenance and calibration records, documents
supporting adjustments related to error correction, and measurement
data.
    (9) Information and documentation related to participation in any
QAP program, including contracts between the RNG producer and the QAP
provider, records related to verification activities under the QAP, and
copies of any QAP-related submissions.
    (10) For an RNG production facility that injects RNG at a pipeline
interconnect that also has RNG injected from other sources, documents
showing that RINs generated for the facility comply with the
requirements specified in Sec.  80.125(b)(7).
    (11) Documentation of any waiver provided by the natural gas
commercial pipeline system for any parameter of the RNG that does not
meet the natural gas specifications submitted under Sec.  80.135(d)(5).
    (d) Biogas closed distribution system RIN generators. In addition
to the records required under paragraph (a) of this section, a biogas
closed distribution system RIN generator must keep all the following
records:
    (1) Documentation demonstrating that the renewable CNG/LNG was
produced from renewable biomass and qualifies to generate RINs under an
approved pathway.
    (2) Copies of any written contract for the sale or use of renewable
CNG/LNG as transportation fuel, and copies of any affidavit from a
party that sold or used the renewable CNG/LNG as transportation fuel.
    (e) RNG RIN separators. In addition to the records required under
paragraph (a) of this section, an RNG RIN separator must keep all the
following records:
    (1) Documentation indicating the volume of RNG, in Btu LHV,
withdrawn from each interconnect of the natural gas commercial pipeline
system.
    (2) Documentation demonstrating the volume of RNG, in Btu LHV,
withdrawn from the natural gas commercial pipeline system that was used
to produce renewable CNG/LNG.
    (3) Documentation indicating the volume of renewable CNG/LNG, in
Btu LHV, dispensed as transportation fuel from each dispensing
location.
    (4) Copies of all documentation required under Sec.
80.125(d)(2)(ii), as applicable.
    (5) Documentation showing how the number of RINs separated was
determined using the information specified in paragraphs (e)(1) through
(4) of this section and the applicable RIN separation reports.
    (f) Renewable fuel producers that use biogas as a biointermediate
or RNG as a feedstock. In addition to the records required under
paragraph (a) of this section, a renewable fuel producer that uses
biogas as a biointermediate or RNG as a feedstock must keep all the
following records:
    (1) Documentation supporting the volume of renewable fuel produced
from biogas used as a biointermediate or RNG that was used as a
feedstock.
    (2) For biogas, all the following additional information:
    (i) For each facility, documentation supporting the volume of
biogas, in Btu HHV and scf, that was used as a biointermediate.
    (ii) Copies of all applicable contracts over the past 5 years with
each biointermediate producer.
    (3) For RNG, all the following additional information:
    (i) Documentation supporting the volume of RNG, in Btu LHV,
withdrawn

from the natural gas commercial pipeline system.
    (ii) Documentation supporting the retirement of RINs for RNG used
as a feedstock (e.g., contracts, purchase orders, invoices).

Sec.  80.150  Product transfer documents.

    (a) General requirements--(1) PTD contents. On each occasion when
any person transfers title of any biogas or imported RNG without
assigned RINs, the transferor must provide the transferee PTDs that
include all the following information:
    (i) The name, EPA-issued company and facility IDs, and address of
the transferor.
    (ii) The name, EPA-issued company and facility IDs, and address of
the transferee.
    (iii) The volume (in Btu HHV for biogas or Btu LHV for RNG) of the
product being transferred by D code and verification status.
    (iv) The location of the product at the time of the transfer.
    (v) The date of the transfer.
    (vi) Period of production.
    (2) Other PTD requirements. A party must also include any
applicable PTD information required under Sec.  80.1453 or 40 CFR part
1090, subpart L.
    (b) Additional PTD requirements for transfers of biogas. In
addition to the information required in paragraph (a) of this section,
on each occasion when any person transfers title of biogas, the
transferor must provide the transferee PTDs that include all the
following information:
    (1) An accurate and clear statement of the applicable designation
of the biogas.
    (2) If the biogas is designated as a biointermediate, any
applicable requirement specified in Sec.  80.1453(f).
    (3) One of the following statements, as applicable:
    (i) For biogas designated for use to produce renewable CNG/LNG,
``This volume of biogas is designated and intended for use to produce
renewable CNG/LNG.''
    (ii) For biogas designated for use to produce RNG, ``This volume of
biogas is designated and intended for use to produce renewable natural
gas.''
    (iii) For biogas designated for use as a biointermediate, the
language found at Sec.  80.1453(f)(1)(vi).
    (iv) For biogas designated for use as process heat or energy under
Sec.  80.1426(f)(12) or (13), ``This volume of biogas is designated and
intended for use as process heat or energy.''
    (c) PTD requirements for custodial transfers of RNG. On each
occasion when custody of RNG is transferred prior to injection into a
pipeline interconnect (e.g., via truck), the transferor must provide
the transferee PTDs that include all the following information:
    (1) The applicable information listed in paragraph (a) of this
section.
    (2) The following statement, ``This volume of RNG is designated and
intended for transportation use and may not be used for any other
purpose.''
    (d) PTD requirements for imported RIN-less RNG. On each occasion
when title of RIN-less RNG is transferred and ultimately imported into
the covered location, the transferor must provide the transferee PTDs
that include all the following information:
    (1) The applicable information listed in paragraph (a) of this
section.
    (2) The following statement, ``This volume of RNG is designated and
intended for transportation use in the contiguous United States and may
not be used for any other purpose.''
    (3) The name, EPA-issued company and facility IDs, and address of
the contracted RNG importer under Sec.  80.160(e).
    (4) The name, EPA-issued company and facility IDs, and address of
the transferee.

Sec.  80.155  Sampling, testing, and measurement.

    (a) Biogas and RNG continuous measurement. Any party required to
measure the volume of biogas, RNG, or renewable CNG/LNG under this
subpart must continuously measure using meters that comply with the
requirements in paragraphs (a)(1) and (2) of this section, or have an
accepted alternative measurement protocol as specified in paragraph
(a)(3) of this section:
    (1) In-line GC meters compliant with ASTM D7164 (incorporated by
reference, see Sec.  80.12), including sections 9.2, 9.3, 9.4, 9.5,
9.7, 9.8, and 9.11 of ASTM D7164.
    (2) Flow meters compliant with one of the following:
    (i) API MPMS 14.3.1, API MPMS 14.3.2, API MPMS 14.3.3, and API MPMS
14.3.4 (incorporated by reference, see Sec.  80.12).
    (ii) API MPMS 14.12 (incorporated by reference, see Sec.  80.12).
    (iii) EN 17526 (incorporated by reference, see Sec.  80.12)
compatible with gas type H.
    (3) EPA may accept an alternative measurement protocol if all the
following conditions are met:
    (i) The party demonstrates that they are unable to continuously
measure using meters that comply with the requirements in paragraphs
(a)(1) and (2) of this section, as applicable.
    (ii) The party demonstrates that the alternative measurement
protocol is at least as accurate and precise as the methods specified
in paragraphs (a)(1) and (2) of this section, as applicable.
    (b) Biogas and RNG sampling and testing. Any party required to
sample and test biogas or RNG under this subpart must do so as follows:
    (1) Collect representative samples of biogas or RNG using API MPMS
14.1 (incorporated by reference, see Sec.  80.12).
    (2) Perform all the following measurements on each representative
sample:
    (i) Methane, carbon dioxide, nitrogen, and oxygen using EPA Method
3C (see Appendix A-2 to 40 CFR part 60).
    (ii) Hydrogen sulfide and total sulfur using ASTM D5504
(incorporated by reference, see Sec.  80.12).
    (iii) Siloxanes using ASTM D8230 (incorporated by reference, see
Sec.  80.12).
    (iv) Moisture using ASTM D4888 (incorporated by reference, see
Sec.  80.12).
    (v) Hydrocarbon analysis using EPA Method 18 (see Appendix A-6 to
40 CFR part 60).
    (vi) Heating value and relative density using ASTM D3588
(incorporated by reference, see Sec.  80.12).
    (vii) Additional components specified in the natural gas
specifications submitted under Sec.  80.135(d)(5) or specified by EPA
as a condition of registration under this part.
    (viii) Carbon-14 analysis using ASTM D6866 (incorporated by
reference, see Sec.  80.12).
    (c) Digester feedstock. Any party required to test for total solids
and volatile solids of a digester feedstock under this subpart must do
so as follows:
    (1) Samples must be tested in accordance with Part G of SM 2540
(incorporated by reference, see Sec.  80.12).
    (2) Samples must be obtained, stored, and tested in accordance with
Part A of SM 2540, including Sections 2, 3, and 5 (Sources of Error and
Variability, Sample Handling and Preservation, and Quality Control).
    (3) Parties must test each daily representative sample under
paragraphs (c)(1) and (2) of this section unless the party has a
composite sampling plan submitted to EPA under Sec.
80.135(c)(10)(vi)(D). Parties with a composite sampling plan must
either test each daily representative sample or test samples in
accordance with Part A of SM 2540 and as specified in the facility's
composite sampling plan.
    (d) Digester operations. Any biogas producer required to measure or
calculate digester operating conditions under this subpart must
determine digester operating conditions for each

mixed digester that meet all the following requirements:
    (1) Digester temperature readings must be recorded no less frequent
than every 30 minutes and represent the average temperature in the
tank.
    (2) Digester hydraulic and solids mean residence times must be
calculated no less frequent than once a day using measurements of
inflows, outflows, and tank levels, as applicable.
    (3) Other parameters must be measured and calculated as specified
in the facility's registration under Sec.  80.135(c)(10)(vi)(A)(4).
    (e) Third parties. Samples required to be obtained under this
subpart may be collected and analyzed by third parties.
    (f) Unit conversions. A party converting between Btu HHV and Btu
LHV for biogas, treated biogas, natural gas, or CNG/LNG must use the
ratio of HHV and LHV of methane as specified in ASTM D3588
(incorporated by reference, see Sec.  80.12).
    (g) Liquid measurement and standardization. Any substance that is
liquid at STP must be measured in gallons and standardized according to
Sec.  80.1426(f)(8).

Sec.  80.160  RNG importers, foreign biogas producers, and foreign RNG
producers.

    (a) Applicability. The provisions of this section apply to any RNG
importer or any foreign party subject to requirements of this subpart
outside the United States.
    (b) General requirements. Any foreign party must meet all the
following requirements:
    (1) Letter from RCO. The foreign party must provide a letter signed
by the RCO that commits the foreign party to the applicable provisions
specified in paragraphs (b)(4) and (c) of this section as part of their
registration under Sec.  80.135.
    (2) Bond posting. A foreign party that generates RINs must meet the
bond requirements of Sec.  80.1466(h).
    (3) Foreign RIN owners. A foreign party that owns RINs must meet
the requirements of Sec.  80.1467, including any foreign party that
separates or retires RINs under Sec.  80.125.
    (4) Foreign party commitments. Any foreign party must commit to the
following provisions as a condition of being registered as a foreign
party under this subpart:
    (i) Any EPA inspector or auditor must be given full, complete, and
immediate access to conduct inspections and audits of all facilities
subject to this subpart.
    (A) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (B) Access will be provided to any location where:
    (1) Biogas, RNG, biointermediate, or biogas-derived renewable fuel
is produced.
    (2) Documents related to the foreign party operations are kept.
    (3) Any product subject to this subpart (e.g., biogas, RNG,
biointermediates, or biogas-derived renewable fuel) that is stored or
transported outside the United States between the foreign party's
facility and the point of importation into the United States, including
storage tanks, vessels, and pipelines.
    (C) EPA inspectors and auditors may be EPA employees or contractors
to EPA.
    (D) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (E) Inspections and audits may include review and copying of any
documents related to the following:
    (1) The volume or properties of any product subject to this subpart
produced or delivered to a renewable fuel production facility.
    (2) Transfers of title or custody to the any product subject to
this subpart.
    (3) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
subpart, including work papers.
    (4) Records required under Sec.  80.145.
    (5) Any records related to claims made during registration.
    (F) Inspections and audits by EPA may include interviewing
employees.
    (G) Any employee of the foreign party must be made available for
interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (H) English language translations of any documents must be provided
to an EPA inspector or auditor, on request, within 10 business days.
    (I) English language interpreters must be provided to accompany EPA
inspectors and auditors, on request.
    (ii) An agent for service of process located in the District of
Columbia will be named, and service on this agent constitutes service
on the foreign party or any employee of the party for any action by EPA
or otherwise by the United States related to the requirements of this
subpart.
    (iii) The forum for any civil or criminal enforcement action
related to the provisions of this subpart for violations of the Clean
Air Act or regulations promulgated thereunder are governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (iv) United States substantive and procedural laws apply to any
civil or criminal enforcement action against the foreign party or any
employee of the foreign party related to the provisions of this
subpart.
    (v) Applying to be an approved foreign party under this subpart, or
producing or exporting any product subject to this subpart under such
approval, and all other actions to comply with the requirements of this
subpart relating to such approval constitute actions or activities
covered by and within the meaning of the provisions of 28 U.S.C.
1605(a)(2), but solely with respect to actions instituted against the
foreign party, its agents and employees in any court or other tribunal
in the United States for conduct that violates the requirements
applicable to the foreign party under this subpart, including conduct
that violates the False Statements Accountability Act of 1996 (18
U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C.
7413).
    (vi) The foreign party, or its agents or employees, will not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors for actions performed within the scope of EPA
employment or contract related to the provisions of this subpart.
    (vii) In any case where a product produced at a foreign facility is
stored or transported by another company between the foreign facility
and the point of importation to the United States, the foreign party
must obtain from each such other company a commitment that meets the
requirements specified in paragraphs (b)(4)(i) through (vi) of this
section before the product is transported to the United States, and
these commitments must be included in the foreign party's application
to be a registered foreign party under this subpart.
    (c) Sovereign immunity. By submitting an application to be a
registered foreign party under this subpart, or by producing or
exporting any product subject to this subpart to the United States
under such registration, the foreign party, and its agents and
employees, without exception, become subject to the full operation of
the administrative and judicial enforcement powers and provisions of
the United States without limitation based on sovereign immunity, with
respect to actions instituted against the party, its agents and
employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign

party under this subpart, including conduct that violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (d) English language reports. Any document submitted to EPA by a
foreign party must be in English, or must include an English language
translation.
    (e) Foreign RNG producer contractual relationship. A non-RIN
generating foreign RNG producer must establish a contractual
relationship with an RNG importer, prior to the sale of RIN-less RNG.
    (f) Withdrawal or suspension of registration. EPA may withdraw or
suspend a foreign party's registration where any of the following
occur:
    (1) The foreign party fails to meet any requirement of this
subpart.
    (2) The foreign government fails to allow EPA inspections or audits
as provided in paragraph (b)(4)(i) of this section.
    (3) The foreign party asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) The foreign party fails to pay a civil or criminal penalty that
is not satisfied using the bond required under paragraph (b)(2) of this
section.
    (g) Additional requirements for applications, reports, and
certificates. Any application for registration as a foreign party, or
any report, certification, or other submission required under this
subpart by the foreign party, must be:
    (1) Submitted using formats and procedures specified by EPA.
    (2) Signed by the RCO of the foreign party's company.
    (3) Contain the following declarations:
    (i) Certification.
    ``I hereby certify:
    That I have actual authority to sign on behalf of and to bind [NAME
OF FOREIGN PARTY] with regard to all statements contained herein.
    That I am aware that the information contained herein is being
Certified, or submitted to the United States Environmental Protection
Agency, under the requirements of 40 CFR part 80, subparts E and M, and
that the information is material for determining compliance under these
regulations.
    That I have read and understand the information being Certified or
submitted, and this information is true, complete, and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof.''
    (ii) Affirmation.
    ``I affirm that I have read and understand the provisions of 40 CFR
part 80, subparts E and M, including 40 CFR 80.160, 80.1466, and
80.1467 apply to [NAME OF FOREIGN PARTY]. Pursuant to Clean Air Act
section 113(c) and 18 U.S.C. 1001, the penalty for furnishing false,
incomplete, or misleading information in this certification or
submission is a fine of up to $10,000 U.S., and/or imprisonment for up
to five years.''
    (h) Requirements for RNG importers. An RNG importer must meet all
the following requirements:
    (1) For each imported batch of RNG, the RNG importer must have an
independent third party that meets the requirements of Sec.
80.1450(b)(2)(i) and (ii) do all the following:
    (i) Determine the volume of RNG, in Btu LHV, injected into the
natural gas commercial pipeline system as specified in Sec.  80.155.
    (ii) Determine the name and EPA-assigned company and facility
identification numbers of the foreign non-RIN generating RNG producer
that produced the RNG.
    (2) The independent third party must submit reports to the foreign
non-RIN generating RNG producer and the RNG importer within 30 days
following the date the RNG was injected into a natural gas commercial
pipeline system for import into the United States containing all the
following:
    (i) The statements specified in paragraph (g) of this section.
    (ii) The name of the foreign non-RIN generating RNG producer,
containing the information specified in paragraph (g) of this section,
and including the identification of the natural gas commercial pipeline
system terminal at which the product was offloaded.
    (iii) PTDs showing the volume of RNG, in Btu LHV, transferred from
the foreign non-RIN generating RNG producer to the RNG importer.
    (3) The RNG importer and the independent third party must keep
records of the audits and reports required under paragraphs (h)(1) and
(2) of this section for five years from the date of creation.

Sec.  80.165  Attest engagements.

    (a) General provisions. (1) The following parties must arrange for
annual attestation engagement using agreed-upon procedures:
    (i) Biogas producers.
    (ii) RNG producers.
    (iii) RNG importers.
    (iv) Biogas closed distribution system RIN generators.
    (v) RNG RIN separators.
    (vi) Renewable fuel producers that use RNG as a feedstock.
    (2) The auditor performing attestation engagements required under
this subpart must meet the requirements in 40 CFR 1090.1800(b).
    (3) The auditor must perform attestation engagements separately for
each biogas production facility, RNG production facility, and renewable
fuel production facility, as applicable.
    (4) Except as otherwise specified in this section, attest auditors
may use the representative sampling procedures specified in 40 CFR
1090.1805.
    (5) Except as otherwise specified in this section, attest auditors
must prepare and submit the annual attestation engagement following the
procedures specified in 40 CFR 1090.1800(d).
    (b) General procedures for biogas producers. An attest auditor must
conduct annual attestation audits for biogas producers using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of all the following:
    (A) The biogas producer's registration information submitted under
Sec. Sec.  80.135 and 80.1450.
    (B) All reports submitted under Sec. Sec.  80.140 and 80.1451.
    (ii) For each biogas production facility, confirm that the
facility's registration is accurate based on the activities reported
during the compliance period and confirm any related updates were
completed prior to conducting regulated activities at the facility and
report as a finding any exceptions.
    (iii)(A) Report the date of the last engineering review conducted
under Sec. Sec.  80.135(b)(3) and 80.1450(b), as applicable.
    (B) Report as a finding if the last engineering review is outside
of the schedule specified in Sec.  80.1450(d)(3)(ii).
    (iv) Confirm that the biogas producer submitted all reports
required under Sec. Sec.  80.140 and 80.1451 for activities performed
during the compliance period and report as a finding any exceptions.
    (2) Measurement method review. The auditor must review measurement
methods for each meter as follows:
    (i) Obtain records related to measurement under Sec.
80.145(a)(1)(vi).
    (ii)(A) Identify and report the name of the method(s) used for
measuring the volume of biogas, in Btu HHV and scf.
    (B) Report as a finding any method that is not specified in Sec.
80.155 or the biogas producer's registration.
    (iii)(A) Identify whether maintenance and calibration records were
kept for each meter and report the last date of calibration.
    (B) Report as a finding if no records were obtained.

    (3) Listing of batches. The auditor must review listings of batches
as follows:
    (i) Obtain the batch reports submitted under Sec.  80.140.
    (ii) Compare the reported volume for each batch to the measured
volume and report as a finding any exceptions.
    (4) Testing of biogas transfers. The auditor must review biogas
transfers as follows:
    (i) Obtain the associated PTD for each batch of biogas produced
during the compliance period.
    (ii) Using the batch number, confirm that the correct PTD is
obtained for each batch and compare the volume, in Btu HHV and scf, on
each batch report to the associated PTD and report as a finding any
exceptions.
    (iii) Confirm that the PTD associated with each batch contains all
applicable language requirements under Sec.  80.150 and report as a
finding any exceptions.
    (c) General procedures for RNG producers and importers. An attest
auditor must conduct annual attestation audits for RNG producers and
importers using the following procedures, as applicable:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of all the following:
    (A) The RNG producer or importer's registration information
submitted under Sec. Sec.  80.135 and 80.1450.
    (B) All reports submitted under Sec. Sec.  80.140 and 80.1451.
    (ii) For each RNG production facility, confirm that the facility's
registration is accurate based on the activities reported during the
compliance period and confirm any related updates were completed prior
to conducting regulated activities at the facility and report as a
finding any exceptions.
    (iii)(A) Report the date of the last engineering review conducted
under Sec. Sec.  80.135(b)(3) and 80.1450(b), as applicable.
    (B) Report as a finding if the last engineering review is outside
of the schedule specified in Sec.  80.1450(d)(3)(ii).
    (iv) Confirm that the RNG producer or importer submitted all
reports required under Sec. Sec.  80.140 and 80.1451 for activities
performed during the compliance period and report as a finding any
exceptions.
    (2) Feedstock received. The auditor must perform an inventory of
biogas received as follows:
    (i) Obtain copies of all the following:
    (A) Records documenting the source and volume of biogas, in Btu and
scf, received by the RNG producer.
    (B) Records showing the volume of biogas used to produce RNG, in
Btu HHV and scf, and the volume of RNG produced, in Btu HHV and scf.
    (C) Records showing whether non-renewable components were blended
into RNG.
    (ii) Report the number of parties the RNG producer received biogas
from and the total volume received separately from each party.
    (iii)(A) Report the total volume of biogas used to produce RNG, in
Btu HHV and scf, and the total volume of RNG produced, in Btu HHV and
scf.
    (B) Report as a finding if the volume of RNG produced is greater
than the volume of biogas used to produce RNG, in Btu HHV.
    (iv) Report as a finding if any RINs were generated for the non-
renewable components of the blended batch.
    (3) Measurement method review. The auditor must review measurement
methods for each meter as follows:
    (i) Obtain records related to measurement under Sec.
80.145(a)(1)(vi).
    (ii)(A) Identify and report the name of the method(s) used for
measuring the volume of RNG, in Btu and in scf.
    (B) Report as a finding any method that is not specified in Sec.
80.155 or the RNG producer's registration.
    (iii) Identify whether maintenance and calibration records were
kept and report as a finding if no records were obtained.
    (4) Listing of batches. The auditor must review listings of batches
as follows:
    (i) Obtain the batch reports submitted under Sec.  80.140.
    (ii) Compare the reported volume for each batch to the measured
volume and report as a finding any exceptions.
    (iii) Report as a finding any batches with reported values that did
not meet the natural gas specifications submitted under Sec.
80.135(d)(5).
    (5) Testing of RNG transfers. The auditor must review RNG transfers
as follows:
    (i) Obtain the associated PTD for each batch of RNG produced or
imported during the compliance period.
    (ii) Using the batch number, confirm that the correct PTD is
obtained for each batch and compare the volume, in Btu and scf, on each
batch report to the associated PTD and report as a finding any
exceptions.
    (iii) Confirm that the PTD associated with each batch contains all
applicable language requirements under Sec.  80.150 and report as a
finding any exceptions.
    (6) RNG RIN generation. The auditor must perform the following
procedures for monthly RIN generation:
    (i) Obtain the RIN generation reports submitted under Sec.
80.1451.
    (ii) Compare the number of RINs generated for each batch to the
batch report and report as a finding any exceptions.
    (iii)(A) Compare the number of RINs generated multiplied by 77,000
Btu to the amount of RNG injected into the natural gas commercial
pipeline system.
    (B) Report as a finding if the volume of RNG injected is less than
the number of RINs generated multiplied by 77,000 Btu.
    (d) General procedures for biogas closed distribution system RIN
generators. An attest auditor must conduct annual attestation audits
for biogas closed distribution system RIN generators using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of all the following:
    (A) The biogas closed distribution system RIN generator's
registration information submitted under Sec.  80.135.
    (B) All reports submitted under Sec.  80.140.
    (ii) Confirm that the biogas closed distribution system RIN
generator's registration is accurate based on the activities reported
during the compliance period and that any required updates were
completed prior to conducting regulated activities and report as a
finding any exceptions.
    (iii) Confirm that the biogas closed distribution system RIN
generator submitted all reports required under Sec. Sec.  80.140 and
80.1451 for activities performed during the compliance period and
report as a finding any exceptions.
    (2) RIN generation. The auditor must complete all applicable
requirements specified in Sec.  80.1464.
    (e) General procedures for RNG RIN separators. An attest auditor
must conduct annual attestation audits for RNG RIN separators using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of all the following:
    (A) The RNG RIN separator's registration information submitted
under Sec. Sec.  80.135 and 80.1450.
    (B) All reports submitted under Sec. Sec.  80.140 and 80.1451.
    (ii) Confirm that the RNG RIN separator's registration is accurate
based on the activities reported during the compliance period and that
any required updates were completed prior to conducting regulated
activities and report as a finding any exceptions.
    (iii) Confirm that the RNG RIN separator submitted all reports
required under Sec. Sec.  80.140 and 80.1451 for activities performed
during the

compliance period and report as a finding any exceptions.
    (2) RIN separation events. The auditor must review records
supporting RIN separation events as follows:
    (i) Obtain copies of all the following:
    (A) RIN separation reports submitted under Sec. Sec.  80.140(e) and
80.1452.
    (B) RNG withdrawal records required under Sec.  80.145(e).
    (ii)(A) Compare the volume of RNG, in Btu LHV, withdrawn from the
natural gas commercial pipeline system to the reported number of
separated RINs multiplied by 77,000 Btu used to produce the renewable
CNG/LNG.
    (B) Report as a finding if the volume of RNG, in Btu LHV, is less
than the number of separated RINs multiplied by 77,000 Btu.
    (iii)(A) Compare the volume of renewable CNG/LNG, in Btu LHV, to
the reported number of separated RINs multiplied by 77,000 Btu.
    (B) Report as a finding if the volume of renewable CNG/LNG, in Btu
LHV, is less than the number of separated RINs multiplied by 77,000
Btu.
    (3) RIN owner. The auditor must complete all the requirements
specified in Sec.  80.1464(c).
    (f) General procedures for renewable fuel producers that use RNG as
a feedstock. An attest auditor must conduct annual attestation audits
for renewable fuel producers that use RNG as a feedstock using the
following procedures:
    (1) Registration and EPA reports. The auditor must review
registration and EPA reports as follows:
    (i) Obtain copies of all the following:
    (A) The renewable fuel producer's registration information
submitted under Sec.  80.135.
    (B) All reports submitted under Sec.  80.140.
    (ii) Confirm that the renewable fuel producer's registration is
accurate based on the activities reported during the compliance period
and that any required updates were completed prior to conducting
regulated activities and report as a finding any exceptions.
    (iii) Confirm that the renewable fuel producers submitted all
reports required under Sec. Sec.  80.140 and 80.1451 for activities
performed during the compliance period and report as a finding any
exceptions.
    (2) RIN retirements. The attest auditor must review RIN retirements
as follows:
    (i) Obtain copies of all the following:
    (A) RIN retirement reports submitted under Sec. Sec.  80.140(f) and
80.1452.
    (B) Records related to measurement under Sec.  80.145(a)(1)(vi).
    (ii) Compare the measured volume of RNG used as a feedstock to the
reported number of RINs retired for RNG.
    (iii) Report as a finding if the measured volume of RNG used as a
feedstock does not match the number of RINs retired for RNG.

Sec.  80.170  Quality assurance plan.

    (a) General requirements. This section specifies the requirements
for QAPs related to the verification of RINs generated for RNG and
biogas-derived renewable fuel.
    (1) For the generation of Q-RINs for RNG or biogas-derived
renewable fuel, the same independent third-party auditor must verify
each party as follows:
    (i) For RNG, all the RNG production facilities that inject into the
same pipeline interconnect and all the biogas production facilities
that provide feedstock to those RNG production facilities.
    (ii) For renewable CNG/LNG produced from RNG, the biogas producer
and the RNG producer.
    (iii) For renewable CNG/LNG produced from biogas in a biogas closed
distribution system, the biogas producer, the biogas closed
distribution system RIN generator, and any party deemed necessary by
EPA to ensure that the renewable CNG/LNG was used as transportation
fuel.
    (iv) For biogas-derived renewable fuel produced from biogas used as
a biointermediate, the biogas producer, the producer of the biogas-
derived renewable fuel, and any other party deemed necessary by EPA to
ensure that the biogas-derived renewable fuel was produced under an
approved pathway and used as transportation fuel.
    (v) For biogas-derived renewable fuel produced from RNG used as a
feedstock, the producer of the biogas-derived renewable fuel and any
other party deemed necessary by EPA to ensure that the biogas-derived
renewable fuel was produced under an approved pathway and used as
transportation fuel.
    (2) Independent third-party auditors that verify RINs generated
under this subpart must meet the requirements in Sec.  80.1471(a)
through (c), (g), and (h).
    (3)(i) QAPs approved by EPA to verify RINs generated under this
subpart must meet the applicable requirements in Sec.  80.1469.
    (ii) EPA may revoke or void a QAP as specified in Sec.
80.1469(e)(4) or (5).
    (4) Independent third-party auditors must conduct quality assurance
audits at biogas production facilities, RNG production facilities,
renewable fuel production facilities, and any facility or location
deemed necessary by EPA to ensure that the biogas-derived renewable
fuel was produced under an approved pathway and used as transportation
fuel, heating oil, or jet fuel as specified in Sec.  80.1472.
    (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 production facilities. In addition to
the applicable elements verified under Sec.  80.1469, the independent
third-party auditor must do all the following for each biogas
production facility:
    (1) Verify that the biogas was measured as required under Sec.
80.155.
    (2) Verify that the PTDs for biogas transfers meet the applicable
PTD requirements in Sec. Sec.  80.150 and 80.1453.
    (c) Requirements for RNG production facilities. In addition to the
applicable elements verified under Sec.  80.1469, the independent
third-party auditor must do all the following for each RNG production
facility:
    (1) Verify that the RNG was sampled, tested, and measured as
required under Sec.  80.155.
    (2) Verify that RINs were assigned, separated, and retired as
required under Sec.  80.125(c), (d), and (e), respectively.
    (3) Verify that the RNG was injected into a natural gas commercial
pipeline system.
    (4) Verify that RINs were not generated on non-renewable components
added to RNG prior to injection into a natural gas commercial pipeline
system.
    (d) Requirements for renewable fuel production facilities using
biogas as a biointermediate. The independent third-party auditor must
meet all the requirements specified in paragraph (b) of this section
and Sec.  80.1477 for each renewable fuel production facility using
biogas as a biointermediate.
    (e) Responsibility for replacement of invalid verified RINs. The
generator of RINs for RNG or a biogas-derived renewable fuel, and the
obligated party that owns the Q-RINs, are required to replace invalidly
generated Q-RINs with valid RINs as specified in Sec.  80.1431(b).

Sec.  80.175  Prohibited acts and liability provisions.

    (a) Prohibited acts. (1) It is a prohibited act for any person to
act in violation of this subpart or fail to meet a requirement that
applies to that person under this subpart.
    (2) No person may cause another person to commit an act in
violation of this subpart.
    (b) Liability provisions--(1) General. (i) Any person who commits
any prohibited act or requirement in this subpart is liable for the
violation.

    (ii) Any person who causes another person to commit a prohibited
act under this subpart is liable for that violation.
    (iii) Any parent corporation is liable for any violation committed
by any of its wholly-owned subsidiaries.
    (iv) Each partner to a joint venture, or each owner of a facility
owned by two or more owners, is jointly and severally liable for any
violation of this subpart that occurs at the joint venture facility or
facility owned by the joint owners, or any violation of this subpart
that is committed by the joint venture operation or any of the joint
owners of the facility.
    (v) Any person listed in paragraphs (b)(2) through (4) of this
section is liable for any violation of a prohibition specified in
paragraph (a) of this section or failure to meet a requirement of any
provision of this subpart regardless of whether the person violated or
caused the violation unless the person establishes an affirmative
defense under Sec.  80.180.
    (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 to produce
a biointermediate.
    (iv) Any person that used the biogas, RNG produced from the biogas,
or biointermediate produced from the biogas to produce a biogas-derived
renewable fuel.
    (v) Any person that generated a RIN from a biogas-derived renewable
fuel produced from the biogas, RNG produced from the biogas, or
biointermediate produced from the biogas.
    (vi) Any person that used the biogas or RNG produced from the
biogas as process heat or energy under Sec.  80.1426(f)(12) or (13).
    (3) RNG liability. When RNG is found in violation of a prohibition
specified in paragraph (a) of this section or 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 person that used the RNG as a feedstock.
    (iv) Any person that used the RNG as process heat or energy under
Sec.  80.1426(f)(12) or (13).
    (v) Any person that generated a RIN from a biogas-derived renewable
fuel produced from the RNG or biointermediate produced from the RNG.
    (4) Third-party liability. Any party allowed under this subpart to
act on behalf of a regulated party and does so to demonstrate
compliance with the requirements of this subpart must meet those
requirements in the same way that the regulated party must meet those
requirements. The regulated party and the third party are both liable
for any violations arising from the third party's failure to meet the
requirements of this subpart.

Sec.  80.180  Affirmative defense provisions.

    (a) Applicability. A person may establish an affirmative defense to
a violation that person is liable for under Sec.  80.175(b) if that
person satisfies all applicable elements of an affirmative defense in
this section.
    (1) No person that generates a RIN for biogas-derived renewable
fuel may establish an affirmative defense under this section.
    (2) A person that is a biogas producer may not establish an
affirmative defense under this section for a violation that the biogas
producer is liable for under Sec.  80.175(b)(1) and (2).
    (3) A person that is an RNG producer may not establish an
affirmative defense under this section for a violation that the RNG
producer is liable for under Sec.  80.175(b)(1) and (3).
    (b) General elements. A person may only establish an affirmative
defense under this section if the person meets all the following
requirements:
    (1) The person, or any of the person's employees or agents, did not
cause the violation.
    (2) The person did not know or have reason to know that the biogas,
treated biogas, RNG, biogas-derived renewable fuel, or RIN was in
violation of a prohibition or requirement under this subpart.
    (3) The person must have had no financial interest in the company
that caused the violation.
    (4) If the person self-identified the violation, the person
notified EPA within five business days of discovering the violation.
    (5) The person must submit a written report to the EPA including
all pertinent supporting documentation, demonstrating that the
applicable elements of this section were met within 30 days of the
person discovering the invalidity.
    (c) Biogas producer elements. In addition to the elements specified
in paragraph (b) of this section, a biogas producer must also meet all
the following requirements to establish an affirmative defense:
    (1) The biogas producer conducted or arranged to be conducted a
quality assurance program that includes, at a minimum, a periodic
sampling, testing, and measurement program adequately designed to
ensure their biogas meets the applicable requirements to produce biogas
under this part.
    (2) The biogas producer had all affected biogas verified by a
third-party auditor under an approved QAP under Sec. Sec.  80.170 and
80.1469.
    (3) The PTDs for the biogas indicate that the biogas was in
compliance with the applicable requirements while in the biogas
producer's control.
    (d) RNG producer elements. In addition to the elements specified in
paragraph (b) of this section, an RNG producer must also meet all the
following requirements to establish an affirmative defense:
    (1) The RNG producer conducted or arranged to be conducted a
quality assurance program that includes, at a minimum, a periodic
sampling, testing, and measurement program adequately designed to
ensure that the biogas used to produce their RNG meets the applicable
requirements to produce biogas under this part and that their RNG meets
the applicable requirements to produce RNG under this part.
    (2) The RNG producer had all affected biogas and RNG verified by a
third-party auditor under an approved QAP under Sec. Sec.  80.170 and
80.1469.
    (3) The PTDs for the biogas used to produce their RNG and for their
RNG indicate that the biogas and RNG were in compliance with the
applicable requirements while in the RNG producer's control.

Sec.  80.185  Potentially invalid RINs.

    (a) Identification and treatment of potentially invalid RINs
(PIRs). (1) Any RIN can be identified as a PIR by the biogas producer,
the RIN generator, the independent third-party auditor that verified
the RIN, or EPA.
    (2) Any party listed in paragraph (a)(1) of this section must use
the procedures specified in Sec.  80.1474(b) for identification and
treatment of PIRs and retire any PIRs under Sec.  80.1434(a).
    (b) Potentially inaccurate or non-qualifying volumes of biogas-
derived renewable fuel. (1) Any party that becomes aware of a volume of
biogas-derived renewable fuel that does not meet the applicable
requirements for such fuel under this part must notify the next party
in the production chain within 5 business days.

    (i) Biointermediate producers must notify the renewable fuel
producer receiving the biointermediate within 5 business days.
    (ii) If the volume of biogas-derived renewable fuel was audited
under Sec.  80.170, the party must notify the independent third-party
auditor within 5 business days.
    (iii) Non-RIN generating foreign RNG producers must comply with the
requirements of this section and notify the importer generating RINs
and other parties in the production chain, as applicable.
    (iv) Each notified party must notify EPA within 5 business days.
    (2) Any party that is notified of a volume of biogas-derived
renewable fuel that does not meet the applicable requirements for such
fuel under this part must correct affected volumes of biogas-derived
renewable fuel under paragraph (a)(2) of this section, as applicable.
    (c) Potential double counting. (1)(i) When any party becomes aware
of any of the following, they must notify EPA and the RIN generator, if
known, within 5 business days of initial discovery:
    (A) More than one RIN being generated for renewable fuel produced
from the same volume of biogas, treated biogas, or RNG.
    (B) More than one RIN being generated for the same volume of
biogas-derived renewable fuel or RNG.
    (C) A party taking credit for biogas, treated biogas, or RNG under
a non-transportation program (e.g., a stationary-source renewable
electricity program) and also generating RINs for renewable fuel
produced from that same volume of biogas, treated biogas, or RNG.
    (D) A party taking credit for biogas-derived renewable fuel or RNG
under a non-transportation program (e.g., a stationary-source renewable
electricity program) and also generating RINs for that same volume of
biogas-derived renewable fuel or RNG.
    (E) A party taking credit for biogas, treated biogas, or RNG used
outside the covered location and also generating RINs for renewable
fuel produced from that same volume of biogas, treated biogas, or RNG.
    (F) A party taking credit for biogas-derived renewable fuel or RNG
used outside the covered location and also generating RINs for that
same volume of biogas-derived renewable fuel or RNG.
    (ii) When any party becomes aware of another party separating or
retiring a RIN from the same volume of RNG, they must notify EPA and
the RIN generator, if known, within 5 business days of initial
discovery.
    (2) EPA will notify the RIN generator of the potential double
counting if the party that identified the potential double counting
does not know the party that generated the potentially affected RINs.
    (3) Upon notification, the RIN generator must then calculate any
impacts to the number of RINs generated for the volume of impacted RNG
or renewable fuel. The RIN generator must then notify EPA and the
independent third-party auditor, if any, of the impacted RINs within 5
business days of initial notification.
    (4) For any number of RINs over-generated due to the double
counting of volumes of biogas or RNG, the RIN generator must follow the
applicable procedures for invalid RINs specified in Sec.  80.1431.
    (d) Failure to take corrective action. Any person who fails to meet
a requirement under paragraph (b) or (c) of this section is liable for
full performance of such requirement, and each day of non-compliance is
deemed a separate violation pursuant to 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.
    (e) Replacing PIRs or invalid RINs. The following specifications
apply when retiring valid RINs to replace PIRs or invalid RINs:
    (1) When a RIN is retired to replace a PIR or invalid RIN, the D
code of the retired RIN must be eligible to be used towards meeting all
the renewable volume obligations as the PIR or invalid RIN it is
replacing, as specified in Sec.  80.1427(a)(2).
    (2) The number of RINs retired must be equal to the number of PIRs
or invalid RINs being replaced.
    (f) Forms and procedures. (1) All parties that retire RINs under
this section must use forms and procedures specified by EPA.
    (2) All parties that must notify EPA under this section must submit
those notifications to EPA as specified in 40 CFR 1090.10.

Subpart M--Renewable Fuel Standard

0
10. Revise Sec.  80.1401 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
11. Amend Sec.  80.1402 by, in paragraph (f), removing the text
``notwithstanding'' and adding in its place the text ``regardless of''.

0
12. 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............................            0.48            2.58            3.39           11.96            0.14
2024............................            0.63            2.82            3.79           12.50             n/a
2025............................            0.81            3.15            4.31           13.13             n/a
----------------------------------------------------------------------------------------------------------------

* * * * *
    (c) EPA will calculate the annual renewable fuel percentage
standards using the following equations:
[GRAPHIC] [TIFF OMITTED] TR12JY23.008

[GRAPHIC] [TIFF OMITTED] TR12JY23.009

[GRAPHIC] [TIFF OMITTED] TR12JY23.010

[GRAPHIC] [TIFF OMITTED] TR12JY23.011

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
13. 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
14. 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
15. Amend Sec.  80.1415 by:
0
a. In paragraph (b)(2), removing the text ``(mono-alkyl ester)'';
0
b. Revising paragraph (b)(5);
0
c. In paragraph (b)(6), removing the text ``kW-hr'' and adding in its
place the text ``kWh'';
0
d. Revising paragraph (b)(7);

0
e. In paragraph (c)(1), removing the text ``EV'' wherever it appears
and adding in its place the text ``EqV'';
0
f. In paragraph (c)(2)(ii), removing the text ``derived'' and adding in
its place the text ``produced''; and
0
g. In paragraph (c)(5), removing the text ``the Administrator'' and
adding in its place the text ``EPA''.
    The revisions read as follows:

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

* * * * *
    (b) * * *
    (5) 77,000 Btu LHV of renewable CNG/LNG or RNG shall represent one
gallon of renewable fuel with an equivalence value of 1.0.
* * * * *
    (7) For all other renewable fuels, a producer or importer must
submit an application to EPA for an equivalence value following the
provisions of paragraph (c) of this section. A producer or importer may
also submit an application for an alternative equivalence value
pursuant to paragraph (c) of this section if the renewable fuel is
listed in this paragraph (b), but the producer or importer has reason
to believe that a different equivalence value than that listed in this
paragraph (b) is warranted.
* * * * *

Sec.  80.1416  [Amended]

0
16. 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
17. 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 (b)(1) and (c)(1) and (2);
0
d. Removing and reserving paragraph (c)(3);
0
e. Revising paragraph (c)(6);
0
f. In paragraph (c)(7), removing the text ``Sec.  80.1401'' and adding
in its place the text ``Sec.  80.2'';
0
g. Adding a sentence to the end of paragraph (d)(1) introductory text;
0
h. Revising paragraphs (e)(1) and (f)(1)(i);
0
i. 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
j. In paragraph (f)(2)(i), removing the text ``EV'' wherever it appears
and adding in its place the text ``EqV'';
0
k. 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
l. 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
m. In paragraph (f)(3)(ii), removing the text ``EV'' wherever it
appears and adding in its place the text ``EqV'';
0
n. In paragraph (f)(3)(iii), removing the text ``EVi''
wherever it appears and adding in its place the text
``EqVi'';
0
o. In paragraph (f)(3)(iv), removing the text ``EV'' wherever it
appears and adding in its place the text ``EqV'';
0
p. Revising paragraph (f)(3)(v);
0
q. Removing table 3 to Sec.  80.1426 immediately following paragraph
(f)(3)(v);
0
r. Revising paragraph (f)(3)(vi);
0
s. Removing table 4 to Sec.  80.1426 immediately following paragraph
(f)(3)(vi)(A);
0
t. In paragraphs (f)(4)(i)(A)(1) and (f)(4)(i)(B), removing the text
``EV'' wherever it appears and adding in its place the text ``EqV'';
0
u. In paragraph (f)(4)(iv), removing the text ``80.1468'' and adding in
its place the text ``80.12'';
0
v. In paragraphs (f)(5)(iv)(A) and (B), and (f)(5)(v), removing the
text ``EV'' wherever it appears and adding in its place the text
``EqV'';
0
w. In paragraph (f)(5)(v), removing the text ``biogas-derived fuels''
and adding in its place the text ``biogas-derived renewable fuel'';
0
x. 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
y. Revising paragraph (f)(6) introductory text;
0
z. In paragraph (f)(6)(i), removing the text ``EV'' wherever it appears
and adding in its place the text ``EqV'';
0
aa. In paragraphs (f)(7)(v)(A) and (B), removing the text ``Sec.
80.1468'' wherever it appears and adding in its place the text ``Sec.
80.12'';
0
bb. In paragraph (f)(8)(ii) introductory text, removing the text
``(mono-alkyl esters)'';
0
cc. In paragraphs (f)(8)(ii)(B) and (f)(9)(ii), removing the text
``Sec.  80.1468'' wherever it appears and adding in its place the text
``Sec.  80.12'';
0
dd. In paragraph (f)(10)(i)(A), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
ee. Revising paragraph (f)(10)(ii);
0
ff. In paragraph (f)(11)(i)(A), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
gg. Revising paragraphs (f)(11)(ii), (f)(12), (f)(13) introductory
text, and (f)(13)(iii) through (v);
0
hh. Removing paragraph (f)(13)(vi);
0
ii. Revising paragraphs (f)(15), (f)(17), and (g)(1)(i) introductory
text;
0
jj. 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
kk. Revising paragraph (g)(2) introductory text; and
0
ll. 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 the following
occur:
* * * * *
    (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.
* * * * *
    (6) A party is prohibited from generating RINs for a volume of fuel
that it produces if the fuel has been produced by a process that uses a
renewable fuel as a feedstock, and the renewable fuel that is used as a

feedstock was produced by another party, except that RINs may be
generated for such fuel if allowed by the EPA in response to a petition
submitted pursuant to Sec.  80.1416 and the petition approval specifies
a mechanism to prevent double counting of RINs or where RINs are
generated for RNG.
* * * * *
    (d) * * *
    (1) * * * Biogas producers and RNG producers must use the
definitions of batch for biogas and RNG in Sec. Sec.  80.105(j) and
80.110(j), 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 = EqVDX * 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.
EqVDX = 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] TR12JY23.012

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.
EqV = 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 = The total feedstock energy from all feedstocks
whose pathways have been assigned a D code of X, in Btu HHV, per
paragraphs (f)(3)(vi)(B) and (C) of this section.
FEtotal = The total feedstock energy from all feedstocks,
in Btu HHV, per paragraphs (f)(3)(vi)(B) and (C) 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 HHV.
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 HHV/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, the volume of
biogas must be measured under Sec.  80.105(f) and the feedstock energy
value of each feedstock must be calculated as specified in Sec.
80.105(j) by substituting ``feedstock energy'' for ``batch volume of
biogas'' in all cases.
* * * * *
    (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.
* * * * *
    (10) * * *
    (ii) RIN generators may only generate RINs for renewable CNG/LNG
produced from biogas that is distributed via a closed, private, non-
commercial system if all the following requirements are met:
    (A) The renewable CNG/LNG was produced from renewable biomass 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 biogas was introduced into the closed, private, non-
commercial system no later and the renewable CNG/LNG produced from the
biogas was used as transportation fuel no later than December 31, 2024.
    (E) RINs may only be generated on biomethane content of the
renewable CNG/LNG used as transportation fuel.
* * * * *
    (11) * * *
    (ii) 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 for a D code in an approved pathway.
    (B) The RIN generator has entered into a written contract for the
sale or use of a specific quantity of RNG, taken from a commercial
distribution system (e.g., physically connected pipeline, barge, truck,
rail), for use as transportation fuel, or has obtained affidavits from
all parties selling or using the RNG taken from a commercial
distribution system as transportation fuel.
    (C) The renewable CNG/LNG produced from the RNG was sold for use 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 are measured by continuous
metering.
    (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, 2024, and the renewable CNG/LNG was used as

transportation fuel no later than December 31, 2024.
    (J) RINs may only be generated on biomethane content of the biogas,
treated biogas, RNG, or renewable CNG/LNG.
    (K)(1) On or after January 1, 2025, RINs may only be generated for
RNG injected into a natural gas commercial pipeline system for use as
transportation fuel as specified in subpart E of this part.
    (2) RINs may be generated for RNG as specified in subpart E of this
part prior to January 1, 2025, if all applicable requirements under
this part are met.
* * * * *
    (12) Process heat produced from combustion of biogas or RNG at a
renewable fuel production facility is considered ``derived from
biomass'' under an approved pathway 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 biogas closed
distribution system and the volume of biogas used as process heat were
measured under Sec.  80.155.
    (ii) For RNG injected into a natural gas commercial pipeline system
prior to July 1, 2024:
    (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 natural gas commercial
pipeline 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 natural gas commercial
pipeline system and the volume of RNG withdrawn were measured under
Sec.  80.155.
    (E) The natural gas commercial pipeline 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 July 1, 2024, the
renewable fuel producer must retire RINs for RNG as specified in Sec.
80.125(e).
    (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:
* * * * *
    (iii) For biogas transported to the renewable fuel production
facility via a biogas closed distribution system and used as process
energy, the requirements in paragraph (f)(12)(i) of this section must
be met.
    (iv)(A) For RNG injected into a commercial distribution system
prior to July 1, 2024, and used as process energy, the requirements in
paragraph (f)(12)(ii) of this section must be met.
    (B) For RNG injected into a natural gas commercial pipeline system
on or after July 1, 2024, and used as process energy, the renewable
fuel producer must retire RINs for RNG as specified in Sec.  80.125(e).
    (v) The biogas or RNG used as process energy at the renewable fuel
production facility is not considered ``produced from renewable
biomass'' under an approved pathway 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 gasoline, or renewable diesel that meets the Grade
No. 1-D or No. 2-D specification in ASTM D975 (incorporated by
reference, see Sec.  80.12) is considered renewable fuel and the
producer or importer may generate RINs for such fuel only if all 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
18. In Sec.  80.1427 amend paragraph (a)(1) introductory text by
removing the text ``under Sec.  80.1406''.

0
19. Amend Sec.  80.1428 by revising paragraphs (a) and (b) to read as
follows:

Sec.  80.1428  General requirements for RIN distribution.

    (a) RINs assigned to volumes of renewable fuel or RNG. (1) Except
as provided in Sec. Sec.  80.1429 and 80.125(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).
    (2) An assigned RIN cannot be transferred to another person without
simultaneously transferring a volume of renewable fuel or RNG to that
same person.
    (3) Assigned gallon-RINs with a K code of 1 can be transferred to
another person based on the following:
    (i) Except for RNG, 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.
    (ii) For RNG, the transferor of assigned RINs for RNG must transfer
RINs under Sec.  80.125(c).
    (4)(i) Except for RNG, on each of the dates listed in paragraph
(a)(4)(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 = Standardized total volume of renewable fuel owned on
date d, in gallons, per Sec.  80.1426(f)(8).

    (ii) The applicable dates are March 31, June 30, September 30, and
December 31.
    (5) Any transfer of ownership of assigned RINs must be documented
on product transfer documents generated pursuant to Sec.  80.1453.
    (i) The RIN must be recorded on the product transfer document used
to transfer ownership of the volume of renewable fuel or RNG to another
person; or
    (ii) The RIN must be recorded on a separate product transfer
document transferred to the same person on the same day as the product
transfer document used to transfer ownership of the volume of renewable
fuel or RNG.
    (b) RINs separated from volumes of renewable fuel or RNG.
    (1) Unless otherwise specified, any person that has registered
pursuant to Sec.  80.1450 can own a separated RIN.
    (2) Separated RINs can be transferred any number of times.
* * * * *

0
20. Amend Sec.  80.1429 by:
0
a. Revising the section heading;
0
b. In paragraphs (a)(1), (a)(2) and (b) introductory text, removing the
text ``renewable fuel'' wherever it appears and adding in its place the
text ``renewable fuel or RNG'';
0
c. Revising paragraph (b)(1);
0
d. Redesignating paragraph (b)(5) as paragraph (b)(5)(i);
0
e. Adding paragraph (b)(5)(ii);
0
f. In paragraph (b)(6) introductory text, removing the text ``(mono-
alkyl ester)'' wherever it appears;
0
g. Revising paragraph (b)(10); and
0
h. In paragraphs (c), (d), and (e), removing the text ``renewable
fuel'' and adding in its place the text ``renewable fuel or RNG''.
    The revisions and addition read as follows:

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

* * * * *
    (b) * * *
    (1) Except as provided in paragraphs (b)(7) and (9) of this section
and Sec.  80.125(d)(3), an obligated party must separate any RINs that
have been assigned to a volume of renewable fuel if that party owns
that volume.
* * * * *
    (5) * * *
    (ii)(A) Any biogas closed distribution system RIN generator that
generates RINs for a batch of renewable CNG/LNG under Sec.  80.130(b)
may only separate RINs that have been assigned to that batch after the
party demonstrates that the renewable CNG/LNG was used as
transportation fuel.
    (B) Only an RNG RIN separator may only separate the RINs that have
been assigned to a volume of RNG after meeting all applicable
requirements in Sec.  80.125(d)(2).
* * * * *
    (10) Any party that produces a volume of renewable fuel or RNG may
separate any RINs that have been generated to represent that volume of
renewable fuel or RNG if that party retires the separated RINs to
replace invalid RINs according to Sec.  80.1474.
* * * * *

Sec.  80.1430  [Amended]

0
21. Amend Sec.  80.1430 by, in paragraph (e)(2), removing the text
``Sec.  80.1468'' and adding in its place the text ``Sec.  80.12''.

0
22. Amend Sec.  80.1431 by:
0
a. Revising paragraph (a)(1)(vi);
0
b. Adding paragraphs (a)(1)(viii), (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 represent renewable fuel or RNG.
* * * * *
    (viii) Was generated for fuel that was not used in the covered
location.
* * * * *
    (x) Was inappropriately separated under Sec.  80.125(d).
* * * * *
    (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 the following conditions and requirements are satisfied and
the RIN generator demonstrates that the conditions and requirements are
satisfied through the reporting and recordkeeping requirements set
forth below, that:
* * * * *

0
23. 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.  80.125(e) must retire the assigned RIN.
* * * * *

Sec.  80.1435  [Amended]

0
24. 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
25. 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 reads 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
26. 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
27. 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
28. Amend Sec.  80.1449 by, in paragraph (e), removing the text ``the
Administrator'' and adding in its place the text ``EPA''.

0
29. 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)(E);
0
e. Adding paragraph (b)(1)(v)(F);
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.  80.12'';
0
j. Revising paragraph (b)(1)(xiii)(B) introductory text;
0
k. Adding paragraph (b)(1)(xiii)(C);
0
l. Revising paragraph (b)(1)(xv)(B);
0
m. Revising the first sentence of paragraph (b)(2) introductory text;
0
n. In paragraph (b)(2)(iii), removing the text ``the Administrator''
and adding in its place the text ``EPA'';
0
o. Adding paragraph (b)(2)(vii);
0
p. Revising paragraphs (d)(3) and (g)(10)(ii); and
0
q. 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) * * *
    (E)(1) For parties registered to generate RINs for renewable CNG/
LNG prior to July 1, 2024, the registration requirements under
paragraph (b)(1)(v)(D) under this section apply until December 31,
2024.
    (2) For biogas producers, RNG producers, and biogas closed
distribution system RIN generators not registered prior to July 1,
2024, the registration requirements under Sec.  80.135 apply.
    (F) Any other records as requested by EPA.
* * * * *
    (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.
* * * * *
    (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 supply the information
specified in Sec.  80.135(c)(10).
* * * * *
    (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.
* * * * *
    (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.  80.135, as applicable. * * *
* * * * *
    (vii) Reports required under this paragraph (b)(2) 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: