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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 40 - Protection of Environment |
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Chapter I—Environmental Protection Agency |
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SubChapter C—Air Programs |
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Part 80 - Regulation of Fuels and Fuel Additives |
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Subpart E - Biogas-Derived Renewable Fuel |
§ 80.170 - Quality assurance plan.
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§ 80.170 Quality assurance plan.
(a) General requirements. This section specifies the requirements for QAPs related to the verification of RINs generated for RNG and biogas-derived renewable fuel.
(1) For the generation of Q–RINs for RNG or biogas-derived renewable fuel, the same independent third-party auditor must verify each party as follows:
(i) For RNG, all the RNG production facilities that inject into the same pipeline interconnect and all the biogas production facilities that provide feedstock to those RNG production facilities.
(ii) For renewable CNG/LNG produced from RNG, the biogas producer and the RNG producer.
(iii) For renewable CNG/LNG produced from biogas in a biogas closed distribution system, the biogas producer, the biogas closed distribution system RIN generator, and any party deemed necessary by EPA to ensure that the renewable CNG/LNG was used as transportation fuel.
(iv) For biogas-derived renewable fuel produced from biogas used as a biointermediate, the biogas producer, the producer of the biogas-derived renewable fuel, and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel.
(v) For biogas-derived renewable fuel produced from RNG used as a feedstock, the producer of the biogas-derived renewable fuel and any other party deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel.
(2) Independent third-party auditors that verify RINs generated under this subpart must meet the requirements in § 80.1471(a) through (c), (g), and (h).
(3)
(i) QAPs approved by EPA to verify RINs generated under this subpart must meet the applicable requirements in § 80.1469.
(ii) EPA may revoke or void a QAP as specified in § 80.1469(e)(4) or (5).
(4) Independent third-party auditors must conduct quality assurance audits at biogas production facilities, RNG production facilities, renewable fuel production facilities, and any facility or location deemed necessary by EPA to ensure that the biogas-derived renewable fuel was produced under an approved pathway and used as transportation fuel, heating oil, or jet fuel as specified in § 80.1472.
(5) Independent third-party auditors must ensure that mass and energy balances performed under § 80.1469(c)(2) are consistent between facilities that are audited as part of the same chain.
(b) Requirements for biogas production facilities. In addition to the applicable elements verified under § 80.1469, the independent third-party auditor must do all the following for each biogas production facility:
(1) Verify that the biogas was measured as required under § 80.155.
(c) Requirements for RNG production facilities. In addition to the applicable elements verified under § 80.1469, the independent third-party auditor must do all the following for each RNG production facility:
(1) Verify that the RNG was sampled, tested, and measured as required under § 80.155.
(2) Verify that RINs were assigned, separated, and retired as required under § 80.125(c), (d), and (e), respectively.
(3) Verify that the RNG was injected into a natural gas commercial pipeline system.
(4) Verify that RINs were not generated on non-renewable components added to RNG prior to injection into a natural gas commercial pipeline system.
(d) Requirements for renewable fuel production facilities using biogas as a biointermediate. The independent third-party auditor must meet all the requirements specified in paragraph (b) of this section and § 80.1477 for each renewable fuel production facility using biogas as a biointermediate.
(e) Responsibility for replacement of invalid verified RINs. The generator of RINs for RNG or a biogas-derived renewable fuel, and the obligated party that owns the Q–RINs, are required to replace invalidly generated Q–RINs with valid RINs as specified in § 80.1431(b).