Documents › Agency rules › 2026-06275 › Text 5 of 5
Environmental Protection Agency
Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes
The text of the rule, page 5 of 5. 11 headings, 17,516 words, quoted as the Federal Register prints them.
← C. Percentage Standard Equations to J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51Contents
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action meets the criteria set forth in 5 U.S.C. 804(2).
XII. Amendatory Instructions
Amendatory instructions are the standard terms that the Office of the Federal Register (OFR) uses to give specific instructions to agencies on how to change the CFR. OFR's historical guidance was to include amendatory instructions accompanying each individual change that was being made (e.g., each sentence or individual paragraph). The piecemeal amendments served as an indication of changes we were making. Due to the extensive number of technical and conforming amendments included in this action, however, we are utilizing OFR's new amendatory instruction “revise and republish” for revisions finalized in this action.\402\ Therefore, instead of the past practice of piecemeal amendments for revisions to the CFR, we are using the “revise and republish” instruction to both revise regulatory text and republish in their entirety certain sections of 40 CFR part 80 that contain the regulatory text being revised. To indicate those portions of provisions where changes are being revised, we have created a red-line version of 40 CFR part 80 that incorporates the changes. This red-line version is available in the docket for this action. This red-line version provides further context to assist the public in reviewing the regulatory text changes. As previously noted, we did not reopen those unchanged provisions for comment. Republishing provisions that are unchanged in this action is consistent with guidance from OFR.
\402\ OFR's Document Drafting Handbook (Chapter 2, 2-38) explains that agencies “[u]se [r]epublish to set out unchanged text for the convenience of the reader, often to provide context for your regulatory changes.” https://www.archives.gov/federal-register/write/handbook. Additional information on OFR's mandatory use of “revise and republish” is available at https://www.archives.gov/federal-register/write/ddh/revise-republish.
XIII. Statutory Authority
Statutory authority for this action comes from sections 114, 203- 05, 208, 211, 301, and 307 of the Clean Air Act, 42 U.S.C. 7414, 7522- 24, 7542, 7545, 7601, and 7607.
List of Subjects
40 CFR Part 63
Administrative practice and procedure, Air pollution control.
40 CFR Part 80
Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports, Incorporation by reference, Oil imports, Petroleum, Renewable fuel.
40 CFR Part 1090
Environmental protection, Administrative practice and procedure, Air pollution control, Diesel fuel, Fuel
additives, Gasoline, Imports, Incorporation by reference, Oil imports, Petroleum, Renewable fuel.
Lee Zeldin, Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR parts 63, 80, and 1090 as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES
0 1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UUUUU--National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units
0 2. Amend Sec. 63.10042 by revising the definition for “Clean fuel” to read as follows:
Sec. 63.10042 What definitions apply to this subpart?
* * * * *
Clean fuel means natural gas, synthetic natural gas that meets the specification necessary for that gas to be transported on a Federal Energy Regulatory Commission (FERC) regulated pipeline, propane, distillate oil, synthesis gas that has been processed through a gas clean-up train such that it could be used in a system's combustion turbine, or ultra-low-sulfur diesel (ULSD) fuel, including those fuels meeting the requirements of part 1090, subpart D of this chapter. * * * * *
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES
0 3. The authority citation for part 80 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).
Subpart A--General Provisions
0 4. Amend Sec. 80.2 by: 0 a. Adding, in alphabetical order, a definition for “Activated sludge”; 0 b. Removing the definition for “A-RIN”; 0 c. Revising definitions for “Assigned RIN” and “Biodiesel”; 0 d. In the definition for “Biointermediate”, adding paragraphs (5)(x) and (xi); 0 e. In the definition for “Biomass-based diesel”, revising paragraph (1)(ii); 0 f. Removing the definition for “B-RIN”; 0 h. In the definition for “Continuous measurement”, in paragraph (2), removing the text “flow meters” and adding, in its place, the text “flowmeters”; 0 i. Adding, in alphabetical order, a definition for “Converted oils”; 0 j. In the definition for “Co-processed cellulosic diesel”, revising paragraph (1)(ii); 0 k. In the definition for “Diesel fuel”, revising paragraph (1)(ii); 0 l. Revising definitions for “Foreign renewable fuel producer” and “Importer”; 0 m. Removing the definition for “Interim period”; 0 n. Revising the definition for “MVNRLM diesel fuel”; 0 o. Removing the definition for “Non-ester renewable diesel or renewable diesel”; 0 p. In the definition for “Permitted capacity”, removing the text “renewable fuel facility” and adding, in its place, the text “renewable fuel production facility”; 0 q. Adding, in alphabetical order, a definition for “Renewable diesel”; 0 r. Removing the definition for “Renewable electricity”; 0 s. Adding, in alphabetical order, definitions for “Renewable fuel oil”, “Renewable fuel producer”, and “Renewable jet fuel”; 0 t. Revising the definition for “Renewable liquefied natural gas or renewable LNG”; and 0 u. Adding, in alphabetical order, a definition for “Renewable naphtha”.
The revisions and additions read as follows:
Sec. 80.2 Definitions.
* * * * *
Activated sludge means the waste sludge from a secondary wastewater treatment process involving oxygen and microorganisms. * * * * *
Assigned RIN means a RIN assigned to a volume of renewable fuel or RNG pursuant to Sec. 80.1426(e) or Sec. 80.125(c), respectively, with a K code of 1 for renewable fuel or 3 for RNG. * * * * *
Biodiesel means diesel fuel that is renewable fuel and that meets ASTM D6751 (incorporated by reference, see Sec. 80.12). * * * * *
Biointermediate * * *
(5) * * *
(x) Activated sludge.
(xi) Converted oils. * * * * *
Biomass-based diesel * * *
(1) * * *
(ii) Meets the definition of either biodiesel or renewable diesel. * * * * *
Converted oils means glycerides such as monoglycerides and diglycerides that are produced through the glycerolysis of biogenic waste oils/fats/greases with glycerol. Converted oils must exclusively consist of glycerides with fatty acid alkyl groups that originate from biogenic waste oils/fats/greases during the conversion process. * * * * *
Co-processed cellulosic diesel * * *
(1) * * *
(ii) Meets the definition of either biodiesel or renewable diesel. * * * * *
Diesel fuel * * *
(1) * * *
(ii) A non-distillate fuel other than residual fuel with comparable physical and chemical properties (e.g., biodiesel, renewable diesel). * * * * *
Foreign renewable fuel producer means any person that owns, leases, operates, controls, or supervises a facility outside the covered location where renewable fuel is produced. * * * * *
Importer means any person who imports transportation fuel or renewable fuel into the covered location from an area outside of the covered location. This includes the importer of record or an authorized agent acting on their behalf, as well as the actual owner, the consignee, or the transferee, if the right to withdraw merchandise from a bonded warehouse has been transferred. * * * * *
MVNRLM diesel fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use in motor vehicles or motor vehicle engines, or as a fuel in any nonroad diesel engines, including locomotive and marine diesel engines, except the following: Distillate fuel with a T90, as determined using ASTM D86 (incorporated by reference, see Sec. 80.12), at or above 700 [deg]F that is used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel, and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that conforms to the requirements of MVNRLM diesel fuel is excluded from the definition of “ECA marine fuel” in this section without regard to its actual use).
(1) Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of 40 CFR 1090.300, when such provisions are applicable to nonroad engines, is considered MVNRLM diesel fuel.
(2) [Reserved] * * * * *
Renewable diesel means diesel fuel that is renewable fuel and that is one or more of the following:
(1) A fuel or fuel additive that meets the Grade No. 1-D or No. 2-D specification in ASTM D975 (incorporated by reference, see Sec. 80.12).
(2) A fuel or fuel additive that is registered under 40 CFR part 79. * * * * *
Renewable fuel oil means heating oil that is renewable fuel and that meets paragraph (2) of the definition for heating oil.
Renewable fuel producer means any person that owns, leases, operates, controls, or supervises a facility where renewable fuels are produced. * * * * *
Renewable jet fuel means jet fuel that is renewable fuel and that meets ASTM D1655 or ASTM D7566 (both incorporated by reference, see Sec. 80.12).
Renewable liquefied natural gas or renewable LNG means biogas, treated biogas, or RNG that is liquefied (i.e., it is cooled below its boiling point) for use as transportation fuel and meets the definition of renewable fuel.
Renewable naphtha means naphtha that is renewable fuel. * * * * *
0 5. Amend Sec. 80.3 by revising entry LNG to read as follows:
Sec. 80.3 Acronyms and abbreviations.
* * * * * LNG....................................... Liquefied natural gas.
* * * * *
0 6. Revise and republish Sec. 80.12 to read as follows:
Sec. 80.12 Incorporation by reference.
Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. EPA and at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; (202) 566-1742; [email protected]. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material may be obtained from the following sources:
(a) American Gas Association (AGA), 400 North Capitol Street NW, Suite 450, Washington, DC 20001; (202) 824-7000; www.aga.org. (1) AGA Report No. 3 Part 1, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 1: General Equations and Uncertainty Guidelines, 4th Edition, including Errata July 2013, Reaffirmed, July 2022; IBR approved for Sec. 80.155(a). (2) AGA Report No. 3 Part 2, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 2: Specification and Installation Requirements, 5th Edition, March 2016; IBR approved for Sec. 80.155(a). (3) AGA Report No. 3 Part 3, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 3: Natural Gas Applications, 4th Edition, Reaffirmed, June 2021; IBR approved for Sec. 80.155(a). (4) AGA Report No. 3 Part 4, Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 4--Background, Development, Implementation Procedure, and Example Calculations, 4th Edition, October 2019; IBR approved for Sec. 80.155(a). (5) AGA Report No. 7, Measurement of Natural Gas by Turbine Meters, Revised February 2006; IBR approved for Sec. 80.155(a). (6) AGA Report No. 9, Measurement of Gas by Multipath Ultrasonic Meters, 2nd Edition, April 2007; IBR approved for Sec. 80.155(a). (7) AGA Report No. 11, Measurement of Natural Gas by Coriolis Meter, 2nd Edition, February 2013; IBR approved for Sec. 80.155(a). (8) ANSI B109.3-2019 (R2024), Rotary-Type Gas Displacement Meters, Fifth Edition, ANSI-approved, February 5, 2019 (Reaffirmed April 16, 2024) (ANSI B109.3); IBR approved for Sec. 80.155(a). Note 1 to paragraph (a)(8): ANSI B109.3 is also available from the American National Standards Institute (www.ansi.org). (b) American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571; (202) 682-8000; www.api.org. (1) API MPMS 14.1-2016, Manual of Petroleum Measurement Standards Chapter 14--Natural Gas Fluids Measurement Section 1--Collecting and Handling of Natural Gas Samples for Custody Transfer, 7th Edition, May 2016 (API MPMS 14.1); IBR approved for Sec. 80.155(b). (2) API MPMS 14.3.1-2012, Manual of Petroleum Measurement Standards Chapter 14.3.1--Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 1: General Equations and Uncertainty Guidelines, 4th Edition, including Errata July 2013, Reaffirmed, July 2022 (API MPMS 14.3.1); IBR approved for Sec. 80.155(a). (3) API MPMS 14.3.2-2016, Manual of Petroleum Measurement Standards Chapter 14.3.2--Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 2: Specification and Installation Requirements, 5th Edition, March 2016 (API MPMS 14.3.2); IBR approved for Sec. 80.155(a). (4) API MPMS 14.3.3-2013, Manual of Petroleum Measurement Standards Chapter 14.3.3--Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 3: Natural Gas Applications, 4th Edition, Reaffirmed, June 2021 (API MPMS 14.3.3); IBR approved for Sec. 80.155(a). (5) API MPMS 14.3.4-2019, Manual of Petroleum Measurement Standards Chapter 14.3.4--Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids--Concentric, Square-edged Orifice Meters Part 4-- Background, Development, Implementation Procedure, and Example Calculations, 4th Edition, October 2019 (API MPMS 14.3.4); IBR approved for Sec. 80.155(a). (6) API MPMS 14.9-2013, Measurement of Natural Gas by Coriolis Meter, 2nd Edition, February 2013 (API MPMS 14.9); IBR approved for Sec. 80.155(a). (7) API MPMS 14.12-2017, Manual of Petroleum Measurement Standards Chapter 14--Natural Gas Fluid Measurement Section 12--Measurement of Gas by Vortex Meters, 1st Edition, March 2017 (API MPMS 14.12); IBR approved for Sec. 80.155(a). Note 2 to paragraph (b): API MPMS 14.3.1, 14.3.2, 14.3.3, and 14.3.4, are co-published as AGA Report 3, Parts 1, 2, 3, and 4, respectively. API MPMS 14.9 is co-published as AGA Report No. 11. (c) American Public Health Association (APHA), 1015 15th Street NW, Washington, DC 20005; (202) 777-2742; www.standardmethods.org. (1) SM 2540, Solids, revised June 10, 2020; IBR approved for Sec. 80.155(c). (2) [Reserved] (d) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990; (800) 843-2763; www.asme.org. (1) ASME MFC-3M-2004 (R2017), Measurement of Fluid Flow in Pipes Using Orifice, Nozzle, and Venturi, including ASME MFC-3M--2004 Addenda, Reaffirmed 2017 (ASME MFC-3M); IBR approved for Sec. 80.155(a). (2) ASME MFC-5.1-2011 (R2024), Measurement of Liquid Flow in Closed Conduits Using Transit-Time Ultrasonic Flowmeters, Reaffirmed 2024 (ASME MFC-5.1); IBR approved for Sec. 80.155(a). (3) ASME MFC-11-2006 (R2014), Measurement of Fluid Flow by Means of Coriolis Mass Flowmeters, Reaffirmed 2014 (ASME MFC-11); IBR approved for Sec. 80.155(a).
(4) ASME MFC-12M-2006 (R2014), Measurement of Fluid Flow in Closed Conduits Using Multiport Averaging Pitot Primary Elements, Reaffirmed 2014 (ASME MFC-12M); IBR approved for Sec. 80.155(a). (5) ASME MFC-21.2-2010 (R2018), Measurement of Fluid Flow by Means of Thermal Dispersion Mass Flowmeters, Reaffirmed 2018 (ASME MFC- 21.2); IBR approved for Sec. 80.155(a). (e) ASTM International (ASTM), 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org. (1) ASTM D86-23ae2, Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, approved December 1, 2023 (ASTM D86); IBR approved for Sec. 80.2. (2) ASTM D975-24a, Standard Specification for Diesel Fuel, approved August 1, 2024 (ASTM D975); IBR approved for Sec. 80.2. (3) ASTM D1142-95 (Reapproved 2021), Standard Test Method for Water Vapor Content of Gaseous Fuels by Measurement of Dew-Point Temperature, approved July 1, 2021 (ASTM D1142); IBR approved for Sec. 80.155(b). (4) ASTM D1250-19e1, Standard Guide for the Use of the Joint API and ASTM Adjunct for Temperature and Pressure Volume Correction Factors for Generalized Crude Oils, Refined Products, and Lubricating Oils: API MPMS Chapter 11.1, approved May 1, 2019 (ASTM D1250); IBR approved for Sec. 80.1426(f). (5) ASTM D1655-25, Standard Specification for Aviation Turbine Fuels, approved October 1, 2025 (ASTM D1655); IBR approved for Sec. 80.2. (6) ASTM D1945-25, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, approved August 1, 2025 (ASTM D1945); IBR approved for Sec. 80.155(b). (7) ASTM D1946-24, Standard Practice for Analysis of Gaseous Fuels by Gas Chromatography, approved December 1, 2024 (ASTM D1946); IBR approved for Sec. 80.155(b). (8) ASTM D3588-98 (Reapproved 2024)e1, Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, approved May 1, 2024 (ASTM D3588); IBR approved for Sec. 80.155(b) and (f). (9) ASTM D4057-22, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved May 1, 2022 (ASTM D4057); IBR approved for Sec. 80.8(a). (10) ASTM D4177-22e1, Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved July 1, 2022 (ASTM D4177); IBR approved for Sec. 80.8(b). (11) ASTM D4442-20 (Reapproved 2025), Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Based Materials, approved August 1, 2025 (ASTM D4442); IBR approved for Sec. 80.1426(f). (12) ASTM D4444-25, Standard Test Method for Laboratory Standardization and Calibration of Hand-Held Moisture Meters, approved August 1, 2025 (ASTM D4444); IBR approved for Sec. 80.1426(f). (13) ASTM D4888-20, Standard Test Method for Water Vapor in Natural Gas Using Length-of-Stain Detector Tubes, approved December 15, 2020 (ASTM D4888); IBR approved for Sec. 80.155(b). (14) ASTM D5454-11 (Reapproved 2020), Standard Test Method for Water Vapor Content of Gaseous Fuels Using Electronic Moisture Analyzers, approved January 1, 2020 (ASTM D5454); IBR approved for Sec. 80.155(b). (15) ASTM D5504-20, Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence, approved November 1, 2020 (ASTM D5504); IBR approved for Sec. 80.155(b). (16) ASTM D5842-23, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved October 1, 2023 (ASTM D5842); IBR approved for Sec. 80.8(c). (17) ASTM D5854-25, Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approved July 1, 2025 (ASTM D5854); IBR approved for Sec. 80.8(d). (18) ASTM D6228-19, Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Flame Photometric Detection, approved April 1, 2019 (ASTM D6228); IBR approved for Sec. 80.155(b). (19) ASTM D6751-24, Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels, approved March 1, 2024 (ASTM D6751); IBR approved for Sec. 80.2. (20) ASTM D6866-24a, Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis, approved December 1, 2024 (ASTM D6866); IBR approved for Sec. Sec. 80.155(b); 80.1426(f); 80.1430(e). (21) ASTM D6968-03 (Reapproved 2015), Standard Test Method for Simultaneous Measurement of Sulfur Compounds and Minor Hydrocarbons in Natural Gas and Gaseous Fuels by Gas Chromatography and Atomic Emission Detection, approved June 1, 2015 (ASTM D6968); IBR approved for Sec. 80.155(b). (22) ASTM D7164-21, Standard Practice for On-line/At-line Heating Value Determination of Gaseous Fuels by Gas Chromatography, approved April 1, 2021 (ASTM D7164); IBR approved for Sec. 80.155(a). (23) ASTM D7566-25a, Standard Specification for Aviation Turbine Fuel Containing Synthesized Hydrocarbons, approved November 15, 2025 (ASTM D7566); IBR approved for Sec. 80.2. (24) ASTM D7833-20, Standard Test Method for Determination of Hydrocarbons and Non-Hydrocarbon Gases in Gaseous Mixtures by Gas Chromatography, approved June 1, 2020 (ASTM D7833); IBR approved for Sec. 80.155(b). (25) ASTM D7904-21, Standard Test Method for Determination of Water Vapor (Moisture Concentration) in Natural Gas by Tunable Diode Laser Spectroscopy (TDLAS), approved November 1, 2021 (ASTM D7904); IBR approved for Sec. 80.155(b). (26) ASTM D8230-19, Standard Test Method for Measurement of Volatile Silicon-Containing Compounds in a Gaseous Fuel Sample Using Gas Chromatography with Spectroscopic Detection, approved June 1, 2019 (ASTM D8230); IBR approved for Sec. 80.155(b). (27) ASTM E711-23e1, Standard Test Method for Gross Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, approved April 1, 2023 (ASTM E711); IBR approved for Sec. 80.1426(f). (28) ASTM E870-24, Standard Test Methods for Analysis of Wood Fuels, approved October 1, 2024 (ASTM E870); IBR approved for Sec. 80.1426(f). (f) European Committee for Standardization (CEN), Rue de la Science 23, B-1040 Brussels, Belgium; + 32 2 550 08 11; www.cencenelec.eu. (1) EN 17526:2021(E), Gas meter--Thermal-mass flow-meter based gas meter, approved July 11, 2021 (EN 17526); IBR approved for Sec. 80.155(a). (2) [Reserved] (g) International Organization for Standardization (ISO), Chemin de Blandonnet 8, CP 401, 1214 Vernier, Geneva, Switzerland; +41 22 749 01 11; www.iso.org. (1) ISO 5167-1:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full--Part 1: General principles and requirements, Third edition, June 2022 (ISO 5167-1); IBR approved for Sec. 80.155(a). (2) ISO 5167-2:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full--Part 2: Orifice plates, Second edition, June 2022 (ISO 5167-2); IBR approved for Sec. 80.155(a). (3) ISO 5167-4:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full--Part 4: Venturi tubes, Second edition, June 2022 (ISO 5167-4); IBR approved for Sec. 80.155(a). (4) ISO 5167-5:2022(E), Measurement of fluid flow by means of pressure differential devices inserted in circular cross-section conduits running full--Part 5: Cone meters, Second edition, October 2022 (ISO 5167-5); IBR approved for Sec. 80.155(a). (5) ISO 10790:2015(E), Measurement of fluid flow in closed conduits--Guidance to the selection, installation and use of Coriolis flowmeters (mass flow, density and volume flow measurements), Third edition, April 1, 2015 (ISO 10790); IBR approved for Sec. 80.155(a). (6) ISO 14511:2019(E), Measurement of fluid flow in closed conduits--Thermal mass flowmeters, Second edition, January 2019 (ISO 14511); IBR approved for Sec. 80.155(a).
(7) ISO 17089-1:2019(E), Measurement of fluid flow in closed conduits--Ultrasonic meters for gas--Part 1: Meters for custody transfer and allocation measurement, Second edition, August 2019 (ISO 17089-1); IBR approved for Sec. 80.155(a). (8) ISO 17089-2:2012(E), Measurement of fluid flow in closed conduits--Ultrasonic meters for gas--Part 2: Meters for industrial applications, First edition, October 1, 2012 (ISO 17089-2); IBR approved for Sec. 80.155(a). (h) U.S. Environmental Protection Agency (EPA), 1200 Pennsylvania Avenue NW, Washington, DC 20460; (202) 272-0167; www.epa.gov. (1) EPA Compendium Method TO-15, Determination Of Volatile Organic Compounds (VOCs) In Air Collected In Specially-Prepared Canisters And Analyzed By Gas Chromatography/Mass Spectrometry (GC/MS), (as published in/625/R-96/010b, Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air, Second Edition), January 1999 (EPA Method TO-15); IBR approved for Sec. 80.155(b). (2) [Reserved]
Subpart E--Biogas-Derived Renewable Fuel
0 7. Amend Sec. 80.105 by revising paragraphs (j)(1) and (3) and adding paragraph (j)(4) to read as follows:
Sec. 80.105 Biogas producers.
* * * * *
(j) * * *
(1) Except for biogas produced from a mixed digester, the batch volume of biogas is the volume of biogas measured under paragraph (f) of this section for a single batch pathway at a single facility for up to a calendar month, in Btu HHV. * * * * *
(3) The biogas producer must assign a number (the “batch number”) to each batch of biogas consisting of their EPA-issued company registration number, the EPA-issued facility registration number, the last two digits of the compliance year in which the batch was produced, and a unique number for the batch during the compliance year (e.g., 4321-54321-25-000001).
(4) The production date for a batch of biogas is the last day of the time period that the batch represents. For example, the production date for a batch of biogas for the month of January would be January 31, while the production date for a batch of biogas for February 1-14 would be February 14. * * * * *
0 8. Amend Sec. 80.110 by revising paragraphs (f)(2)(iii) introductory text and (j)(1) and (3) to read as follows:
Sec. 80.110 RNG producers, RNG importers, and biogas closed distribution system RIN generators.
* * * * *
(f) * * *
(2) * * *
(iii) As part of three-year engineering review updates required under Sec. 80.135(b)(3) submitted on or after January 1, 2027, an RNG producer that injects RNG from an RNG production facility into a natural gas commercial pipeline system must sample and test a representative sample of all the following at least once every three years, as applicable: * * * * *
(j) * * *
(1) A batch of RNG is the total volume of RNG injected into a natural gas commercial pipeline system from an RNG production facility under a single batch pathway for the calendar month, in Btu LHV, as determined under paragraph (j)(4) of this section. * * * * *
(3) The RNG producer, RNG importer, or biogas closed distribution system RIN generator must assign a number (the “batch number”) to each batch of RNG or biogas-derived renewable fuel consisting of their EPA-issued company registration number, the EPA-issued facility registration number, the last two digits of the compliance year in which the batch was produced, and a unique number for the batch during the compliance year (e.g., 4321-54321-25-000001). * * * * *
0 9. Amend Sec. 80.115 by revising paragraph (b) to read as follows:
Sec. 80.115 RNG RIN separators.
* * * * *
(b) Registration. The RNG RIN separator must register with EPA under Sec. Sec. 80.135 and 80.1450 and 40 CFR part 1090, subpart I, as applicable. * * * * *
0 10. Amend Sec. 80.125 by: 0 a. In paragraphs (b)(6) and (7), removing the text “Sec. 80.1415(b)(5)” and adding, in its place, the text “Sec. 80.1415(b)”; 0 b. Revising paragraphs (c)(3) and (d)(4); 0 c. Adding paragraph (d)(5); and 0 d. Revising paragraphs (e)(1) and (2).
The revisions and addition read as follows:
Sec. 80.125 RINs for RNG.
* * * * *
(c) * * *
(3) For purposes of this part, each party that transfers title of an assigned RIN for RNG is deemed to have transferred a corresponding volume of RNG to the transferee.
(d) * * *
(4) A party must only separate a number of RINs equal to the total volume of RNG (where the Btu LHV are converted to gallon-RINs using the conversion specified in Sec. 80.1415(b)) that the party demonstrates is used as renewable CNG/LNG under paragraph (d)(2) of this section.
(5) An assigned RIN for RNG must be separated by December 31 of the subsequent calendar year after the RIN for RNG was generated. Any RINs for RNG not separated by this date are expired.
(e) * * *
(1) A party must retire RINs for RNG if any of the conditions specified in Sec. 80.1434(a) apply and must comply with Sec. 80.1434(b).
(2) A party must retire any expired RINs for RNG under paragraph (d)(5) of this section by March 31 of the subsequent calendar year after the RINs expired. For example, if an RNG producer assigns RINs for RNG in 2025, the RINs expire if they are not separated under paragraph (d) of this section by December 31, 2026, and must be retired by March 31, 2027. * * * * *
0 11. Amend Sec. 80.135 by: 0 a. Revising paragraph (b)(2)(ii); 0 b. Revising and republishing paragraph (c)(3); 0 d. Revising paragraph (c)(10)(vi)(A)(5); 0 e. Revising and republishing paragraph (d)(3); 0 f. Revising paragraphs (d)(5) and (d)(6)(i) and (ii); 0 g. Adding paragraph (d)(6)(vi); and 0 h. Revising paragraphs (d)(7)(ii) and (f).
The revisions, republications, and addition read as follows:
Sec. 80.135 Registration.
* * * * *
(b) * * *
(2) * * *
(ii) A biogas closed distribution system RIN generator or biogas producer does not need to submit an updated engineering review for any facility before the next three-year engineering review update is due as specified in Sec. 80.1450(d)(3). * * * * *
(c) * * *
(3) The following information related to biogas measurement:
(i) A description of how biogas will be measured, 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)(2), all the following:
(A) A description of how measurement is conducted.
(B) Any standards or specifications that apply.
(C) A description of all routine maintenance and the frequency that such maintenance will be conducted.
(D) A description of the frequency of all measurements and how often such measurements will be recorded under the alternative measurement protocol.
(E) A comparison between the accuracy, precision, and reliability of the alternative measurement protocol and the requirements specified in Sec. 80.155(a)(1), including any supporting data. * * * * *
(10) * * *
(vi) * * *
(A) * * *
(5) A demonstration that no biogas produced 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. * * * * *
(d) * * *
(3) The following information related to RNG measurement:
(i) A description of how RNG will be measured, 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)(2), all the following:
(A) A description of how measurement is conducted.
(B) Any standards or specifications that apply.
(C) A description of all routine maintenance and the frequency that such maintenance will be conducted.
(D) A description of the frequency of all measurements and how often such measurements will be recorded under the alternative measurement protocol.
(E) A comparison between the accuracy, precision, and reliability of the alternative measurement protocol and the requirements specified in Sec. 80.155(a)(1), as applicable, including any supporting data. * * * * *
(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, etc.).
(6) * * *
(i) A certificate of analysis 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 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). * * * * *
(vi) Except as specified in Sec. 80.155(b)(2)(vii), an RNG producer does not need to test for a parameter specified in Sec. 80.155(b)(2) if the parameter is not included in the pipeline specifications submitted at registration under paragraph (d)(5) of this section.
(7) * * *
(ii) A diagram showing the locations of flowmeters, gas analyzers, and in-line GC meters used in the allocation procedure. * * * * *
(f) RNG RIN separator. In addition to the information required under paragraph (b) of this section, an RNG RIN separator must submit all the following information:
(1) 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.
(2) A list of the names and locations of each point where RNG will be withdrawn from the natural gas commercial pipeline system. * * * * *
0 12. Amend Sec. 80.140 by revising paragraph (b)(2) and paragraph (e)(2) introductory text to read as follows:
Sec. 80.140 Reporting.
* * * * *
(b) * * *
(2) Production date. * * * * *
(e) * * *
(2) An RNG RIN separator must submit monthly reports to EPA containing all the following information for each month's renewable CNG/LNG dispensing activity: * * * * *
0 13. Amend Sec. 80.155 by: 0 a. Revising and republishing paragraphs (a) and (b)(2); 0 b. Adding paragraph (b)(3); and 0 c. Revising paragraph (f)(2) introductory text.
The revisions, republications, and addition read as follows:
Sec. 80.155 Sampling, testing, and measurement.
(a) Continuous measurement--(1) Biogas, treated biogas, and RNG measurement. Except as specified in paragraph (a)(3) of this section, any party required to measure the volume of biogas, treated biogas, or RNG under this subpart must continuously measure using meters as specified in paragraphs (a)(1)(i) and (ii) of this section or have an accepted alternative measurement protocol as specified in paragraph (a)(2) of this section.
(i) 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.
(ii) Flowmeters compliant with one of the following:
Table 1 to Paragraph (a)(1)(ii)--Flowmeter Methods
Flowmeter type Method \1\
Cone.............................. ISO 5167-1 and ISO 5167-5. Coriolis.......................... AGA Report No. 11; API MPMS 14.9;
ASME MFC-11; ISO 10790. Orifice plate..................... AGA Report No. 3 Parts 1, 2, 3, and
4; API MPMS 14.3.1, API MPMS
14.3.2, API MPMS 14.3.3, and API
MPMS 14.3.4; ASME MFC-3M; ISO 5167-
1 and ISO 5167-2. Pitot tube........................ ASME MFC-12M. Rotary............................ ANSI B109.3. Thermal dispersion................ ASME MFC[hyphen]21.2. Thermal mass...................... EN 17526 compatible with gas type H;
ISO 14511. Turbine........................... AGA Report No. 7. Ultrasonic........................ AGA Report No. 9; ASME MFC-5.1; ISO
17089-1; ISO 17089-2.
Venturi........................... ISO 5167-1 and ISO 5167-4. Vortex............................ API MPMS 14.12.
\1\ Methods are incorporated by reference, see Sec. 80.12).
(2) Alternative measurement protocols. EPA may accept an alternative measurement protocol if the party demonstrates that the alternative measurement protocol is at least as accurate and precise as the methods specified in paragraph (a)(1) of this section. An alternative measurement protocol may include less frequent measurement or recording than specified in the definition of continuous measurement.
(3) RNG RIN separator measurement. An RNG RIN separator must measure natural gas or renewable CNG/LNG using one of the following:
(i) A method specified in paragraph (a)(1) or (2) of this section.
(ii) Documentation (e.g., pipeline or utility statements, scale tickets, or bills of lading) that establishes the volume of natural gas or renewable CNG/LNG. Documentation must be specified in Btu LHV or converted as specified in paragraph (f) of this section.
(b) * * *
(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), ASTM D1945, ASTM D1946, or ASTM D7833 (all incorporated by reference, see Sec. 80.12).
(ii) Hydrogen sulfide and total sulfur using ASTM D5504, ASTM D6228, or ASTM D6968 (all incorporated by reference, see Sec. 80.12).
(iii) Siloxanes using ASTM D8230 (incorporated by reference, see Sec. 80.12).
(iv) Moisture using ASTM D1142, ASTM D4888, ASTM D5454, or ASTM D7904 (all incorporated by reference, see Sec. 80.12).
(v) Hydrocarbon analysis using EPA Method 18 (see appendix A-6 to 40 CFR part 60), ASTM D1945, ASTM D1946, ASTM D7833, or EPA Method TO- 15 (all incorporated by reference, see Sec. 80.12).
(vi) Heating value and relative density using ASTM D3588 (incorporated by reference, see Sec. 80.12).
(vii) If the RNG producer blends non-renewable components into RNG, carbon-14 analysis using ASTM D6866 (incorporated by reference, see Sec. 80.12).
(3) EPA may approve a party's request to use a method other than those specified in paragraph (b)(2) of this section if the party demonstrates one of the following:
(i) The alternative analysis provides information that is reasonably accurate to that determined by the applicable method specified in paragraph (b)(2) of this section.
(ii) The alternative analysis is required by pipeline specifications or has been approved to be used by a State or Federal government agency. * * * * *
(f) * * *
(2) A party with documentation under paragraph (a)(3) of this section that is not specified in Btu must convert to Btu LHV as follows: * * * * *
0 14. Amend Sec. 80.165 by revising paragraph (a)(1) to read as follows:
Sec. 80.165 Attest engagements.
(a) * * *
(1) The following parties must arrange for annual attestation engagement using agreed-upon procedures:
(i) Biogas producers that supplied biogas to produce RNG or a biogas-derived renewable fuel within the compliance year.
(ii) RNG producers that generated RINs within the compliance year.
(iii) RNG importers that generated RINs within the compliance year.
(iv) Biogas closed distribution system RIN generators that generated RINs within the compliance year.
(v) RNG RIN separators that separated RINs from RNG within the compliance year.
(vi) Renewable fuel producers that use RNG as a feedstock within the compliance year. * * * * *
Subpart M--Renewable Fuel Standard
0 15. Amend Sec. 80.1405 by: 0 a. In table 1 to paragraph (a), revising entry 2025 and adding entries 2026 and 2027 in numerical order; and 0 b. Revising paragraphs (b) through (d).
The revisions and additions read as follows:
Sec. 80.1405 What are the Renewable Fuel Standards?
(a) * * *
Table 1 to Paragraph (a)--Annual Renewable Fuel Standards
Supplemental
Cellulosic Biomass-based Advanced Renewable fuel total renewable
Year biofuel diesel biofuel standard (%) fuel standard
standard (%) standard (%) standard (%) (%)
* * * * * * * 2025.......................... 0.71 3.15 4.31 13.13 n/a 2026.......................... 0.79 5.24 6.42 15.50 n/a 2027.......................... 0.84 5.37 6.61 15.78 n/a
(b) Except as specified in paragraph (c) of this section, EPA will calculate the annual renewable fuel percentage standards using the following equations:
[GRAPHIC] [TIFF OMITTED] TR01AP26.086
Where:
StdCB,i = Cellulosic biofuel standard for year i, in percent. StdBBD,i = Biomass-based diesel standard for year i, in percent. StdAB,i = Advanced biofuel standard for year i, in percent StdRF,i = 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 gallon-RINs. RFVBBD,i = Annual volume of biomass-based diesel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. RFVAB,i = Annual volume of advanced biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. RFVRF,i = Annual volume of renewable fuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. Gi = Amount of gasoline projected to be used in the covered location for year i, in gallons. Di = Amount of diesel projected to be used in the covered location for year i, in gallons. RGi = Amount of renewable fuel projected to be contained in the projection of Gi for year i, in gallons. RDi = Amount of renewable fuel projected to be contained in the projection of Di for year i, in gallons. GEi = Amount of gasoline projected to be exempt for year i, in gallons, per Sec. Sec. 80.1441 and 80.1442. DEi = Amount of diesel fuel projected to be exempt for year i, in gallons, per Sec. Sec. 80.1441 and 80.1442.
(c) For the 2026 and 2027 compliance years, EPA will calculate the annual renewable fuel percentage standards using the following equations: [GRAPHIC] [TIFF OMITTED] TR01AP26.087
Where:
StdCB,i = Cellulosic biofuel standard for year i, in percent. StdBBD,i = Biomass-based diesel standard for year i, in percent. StdAB,i = Advanced biofuel standard for year i, in percent StdRF,i = 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 gallon-RINs. RFVBBD,i = Annual volume of biomass-based diesel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. RFVAB,i = Annual volume of advanced biofuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. RFVRF,i = Annual volume of renewable fuel required by 42 U.S.C. 7545(o)(2)(B) for year i, in gallon-RINs. SRERVBBD,i = Small refinery exemption reallocation volume for biomass-based diesel for year i, in gallon-RINs. SRERVAB,i = Small refinery exemption reallocation volume for advanced biofuel for year i, in gallon-RINs. SRERVRF,i = Small refinery exemption reallocation volume for renewable fuel for year i, in gallon-RINs. Gi = Amount of gasoline projected to be used in the covered location for year i, in gallons. Di = Amount of diesel projected to be used in the covered location for year i, in gallons. RGi = Amount of renewable fuel projected to be contained in the projection of Gi for year i, in gallons. RDi = Amount of renewable fuel projected to be contained in the projection of Di for year i, in gallons. GEi = Amount of gasoline projected to be exempt for year i, in gallons, per Sec. Sec. 80.1441 and 80.1442.
DEi = Amount of diesel fuel projected to be exempt for year i, in gallons, per Sec. Sec. 80.1441 and 80.1442.
(d) The price for cellulosic biofuel waiver credits will be calculated in accordance with Sec. 80.1456(d) and published on EPA's website.
0 16. Amend Sec. 80.1407 by revising paragraph (f)(5) to read as follows:
Sec. 80.1407 How are the Renewable Volume Obligations calculated?
* * * * *
(f) * * *
(5) Gasoline or diesel fuel exported for use outside the covered location. * * * * *
0 17. Effective January 1, 2027, amend Sec. 80.1415 by revising paragraphs (a), (b), and (c)(1) to read as follows:
Sec. 80.1415 How are equivalence values assigned to renewable fuel?
(a) General. (1) Each gallon (or gallon-equivalent) of a renewable fuel must be assigned an equivalence value by the producer or importer pursuant to paragraph (b) or (c) of this section, as applicable.
(2) The equivalence value is a number that is used to determine how many gallon-RINs can be generated for a gallon of renewable fuel according to Sec. 80.1426.
(b) Assigned equivalence values. (1) Equivalence values for certain renewable fuels are assigned as follows:
Table 1 to Paragraph (b)(1)--Equivalence Values for Certain Renewable
Fuels
Equivalence
Fuel Amount value
Biodiesel......................... 1 gallon............ 1.5 Butanol........................... 1 gallon............ 1.3 Denatured ethanol................. 1 gallon............ 1.0 Fuels that are gaseous at STP 77,000 Btu LHV...... 1.0
(e.g., RNG, renewable CNG/LNG). Renewable diesel.................. 1 gallon............ 1.5 Renewable jet fuel................ 1 gallon............ 1.5 Renewable naphtha................. 1 gallon............ 1.4
(2) 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.
(c) * * *
(1) The equivalence value for renewable fuels described in paragraph (b)(2) of this section must be calculated using the following formula:
EqV = (R/0.972) * (EC/77,000)
Where:
EqV = Equivalence Value for the renewable fuel, rounded to the nearest tenth. R = Renewable content of the renewable fuel. This is a measure of the portion of a renewable fuel that came from renewable biomass, expressed as a fraction, on an energy basis. EC = Energy content of the renewable fuel, in Btu LHV per gallon. * * * * *
0 18. Amend Sec. 80.1425 by adding paragraph (a)(3) to read as follows:
Sec. 80.1425 Renewable Identification Numbers (RINs).
* * * * *
(a) * * *
(3) K has the value of 3 when the RIN is assigned to a volume of RNG pursuant to Sec. Sec. 80.125(c) and 80.1426(e). * * * * *
0 19. Amend Sec. 80.1426 by: 0 a. Revising paragraphs (b)(2), (c)(7), and (e); 0 b. In paragraphs (f)(1)(v)(A) and (B), removing the text “D-code” and adding, in its place, the text “D code”; 0 c. Adding paragraphs (f)(1)(vii) and (viii); 0 d. Revising paragraphs (f)(8) introductory text, (f)(8)(iii), and (f)(10), (11), and (17); 0 e. Adding paragraph (f)(18); and 0 f. Revising table 1 to the section.
The revisions and additions read as follows:
Sec. 80.1426 How are RINs generated and assigned to batches of renewable fuel?
* * * * *
(b) * * *
(2) If EPA approves a petition of Alaska or a United States territory to opt-in to the renewable fuel program under the provisions in Sec. 80.1443, then the requirements of paragraph (b)(1) of this section shall also apply to renewable fuel produced or imported for use as transportation fuel, heating oil, or jet fuel in that state or territory beginning in the next calendar year.
(c) * * *
(7) For renewable fuel oil, renewable fuel producers and importers must not generate RINs unless they have received affidavits from the final end user or users of the fuel oil as specified in Sec. 80.1451(b)(1)(ii)(T)(2). * * * * *
(e) Assignment of RINs to batches. (1)(i) Except as specified in paragraphs (e)(1)(ii) and (g) of this section, the producer or importer of renewable fuel must assign all RINs generated to volumes of renewable fuel as follows:
(A) If RINs were generated for the renewable fuel at the point of production or upon importation into the covered location, RINs must be assigned when such volumes leave the renewable fuel production or import facility.
(B) If RINs were generated for the renewable fuel at the point of sale or when the renewable fuel was loaded onto a vessel or other transportation mode for transport to the covered location, RINs must be assigned prior to the transfer of ownership of the renewable fuel.
(ii) For renewable fuels that are gaseous at STP, RINs must be assigned to a volume of renewable fuel at the same time the RIN is generated.
(iii) For RNG, RINs must be assigned as specified in Sec. 80.125(c).
(2) A RIN is assigned to a volume of renewable fuel when ownership of the RIN is transferred along with the transfer of ownership of the volume of renewable fuel, pursuant to Sec. 80.1428(a).
(3) All assigned RINs must have a K code value of 1 for RINs assigned to renewable fuel or 3 for RINs assigned to RNG.
(f) * * *
(1) * * *
(vii) For purposes of identifying the appropriate approved pathway, the fuel must be produced, distributed, and used in a manner consistent with the pathway EPA evaluated when it determined that the pathway satisfies the applicable lifecycle emissions reduction requirement.
(viii) A renewable fuel producer may continue to use an existing registration that was under a pathway in table 1 to this section that previously specified “Any” or “Any process that converts cellulosic biomass to fuel” as its production process requirement if the pathway was in the renewable fuel production facility's registration that was accepted by EPA prior to June 1, 2026. Any modifications to the renewable fuel production facility's registration after this date must meet an approved pathway. * * * * *
(8) Standardization of volumes. In determining the standardized volume of a batch of liquid renewable fuel or liquid biointermediate under this subpart, the batch volume must be adjusted to a standard temperature of 60 [deg]F as follows: * * * * *
(iii) For other renewable fuels and biointermediates, an appropriate formula commonly accepted by the industry must be used to standardize the actual volume to 60 [deg]F. Formulas used must be reported to EPA and may be determined to be inappropriate. * * * * *
(10) Renewable CNG/LNG produced from biogas distributed via a closed distribution system. 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:
(i) The renewable CNG/LNG was produced from renewable biomass under an approved pathway.
(ii) The RIN generator has entered into a written contract for the sale or use of a specific quantity of renewable CNG/LNG for use as transportation fuel, or has obtained affidavits from all parties selling or using the renewable CNG/LNG as transportation fuel.
(iii) The renewable CNG/LNG was used as transportation fuel and for no other purpose.
(iv) The biogas was introduced into the closed, private, non- commercial system no later and the renewable CNG/LNG produced from the biogas was used as transportation fuel no later than December 31, 2024.
(v) RINs may only be generated on biomethane content of the renewable CNG/LNG used as transportation fuel.
(11) Renewable CNG/LNG produced from RNG distributed via a commercial distribution system. 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:
(i) The renewable CNG/LNG was produced from renewable biomass and qualifies for a D code in an approved pathway.
(ii) 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.
(iii) The renewable CNG/LNG produced from the RNG was sold for use as transportation fuel and for no other purpose.
(iv) The RNG was injected into and withdrawn from the same commercial distribution system.
(v) 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.
(vi) The volume of RNG injected into the commercial distribution system and the volume of RNG withdrawn are measured by continuous metering.
(vii) 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.
(viii) No other party relied upon the volume of biogas, RNG, or renewable CNG/LNG for the generation of RINs.
(ix) 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.
(x) RINs may only be generated on biomethane content of the biogas, treated biogas, RNG, or renewable CNG/LNG.
(xi)(A) 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.
(B) 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. * * * * *
(17) Qualifying use demonstration for certain renewable fuels. For purposes of this section, any renewable fuel other than ethanol, biodiesel, renewable gasoline, renewable jet fuel, or renewable diesel that meets paragraph (1) of the definition for renewable diesel 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.
(iii) The fuel was sold for use in or as a transportation fuel, heating oil, or jet fuel, and for no other purpose.
(18) RIN generation timing. A RIN generator must generate RINs as follows:
(i) Except as specified in paragraph (f)(18)(ii) of this section, RINs must be generated at:
(A) For domestic renewable fuel producers, the point of production or point of sale.
(B) For RIN-generating foreign producers, the point of production or when the renewable fuel is loaded onto a vessel or other transportation mode for transport to the covered location.
(C) For RIN-generating importers of renewable fuel, the point of importation into the covered location.
(ii)(A) Except as specified in paragraph (f)(18)(ii)(B) of this section, for RNG and renewable fuels that are gaseous at STP, RINs must be generated no later than 5 business days after the RIN generator has met all applicable requirements for the generation of RINs under Sec. Sec. 80.125(b) and 80.130(b) and this paragraph (f), as applicable.
(B) For foreign produced RIN-less RNG, RINs must be generated no later than when title is transferred from the foreign producer to the RIN-generating importer.
(iii) After the RIN generation event has occurred, the RIN generator must submit the required information to EPA
following the procedures and reporting deadline specified in Sec. 80.1452(b). * * * * *
Table 1 to Sec. 80.1426--Applicable D Codes for Each Fuel Pathway for Use in Generating RINs
Production process
Row Fuel type Feedstock requirements D code
A................................ Ethanol............. Corn starch......... All the following: Dry 6
mill process, using
natural gas, biomass,
or biogas for process
energy and at least two
advanced technologies
from table 2 to this
section. B................................ Ethanol............. Corn starch......... All the following: Dry 6
mill process, using
natural gas, biomass,
or biogas for process
energy and at least one
of the advanced
technologies from table
2 to this section plus
drying no more than 65%
of the distillers
grains with solubles it
markets annually. C................................ Ethanol............. Corn starch......... All the following: Dry 6
mill process, using
natural gas, biomass,
or biogas for process
energy and drying no
more than 50% of the
distillers grains with
solubles it markets
annually. D................................ Ethanol............. Corn starch......... Wet mill process using 6
biomass or biogas for
process energy. E................................ Ethanol............. Starches from crop Fermentation using 6
residue and annual natural gas, biomass,
cover crops. or biogas for process
energy. F................................ Biodiesel; Renewable Soybean oil; Oil The following processes 4
diesel; Renewable from annual cover that do not co-process
jet fuel; Heating crops; Oil from renewable biomass and
oil. algae grown petroleum:
photosynthetically; Transesterification
Biogenic waste oils/ with or without
fats/greases; esterification pre-
Camelina sativa treatment;
oil; Distillers Esterification;
corn oil; Hydrotreating.
Distillers sorghum
oil; Commingled
distillers corn oil
and sorghum oil. G................................ Biodiesel; Renewable Canola/Rapeseed oil. The following processes 4
diesel; Renewable that do not co-process
jet fuel; Heating renewable biomass and
oil. petroleum:
Transesterification
using natural gas or
biomass for process
energy; Hydrotreating. H................................ Biodiesel; Renewable Soybean oil; Oil The following processes 5
diesel; Renewable from annual cover that co-process
jet fuel; Heating crops; Oil from renewable biomass and
oil. algae grown petroleum:
photosynthetically; Transesterification
Biogenic waste oils/ with or without
fats/greases; esterification pre-
Camelina sativa treatment;
oil; Distillers Esterification;
corn oil; Hydrotreating.
Distillers sorghum
oil; Commingled
distillers corn oil
and sorghum oil;
Canola/Rapeseed oil. I................................ Renewable naphtha; Camelina sativa oil; Hydrotreating........... 5
LPG. Distillers sorghum
oil; Distillers
corn oil;
Commingled
distillers corn oil
and distillers
sorghum oil; Canola/
Rapeseed oil;
Biogenic waste oils/
fats/greases. J................................ Ethanol............. Sugarcane........... Fermentation............ 5 K................................ Ethanol............. Crop residue; Slash, Biochemical conversion 3
pre-commercial process that uses
thinnings, and tree lignin from the
residue; renewable biomass
Switchgrass; feedstock to provide
Miscanthus; Energy all thermal and
cane; Arundo donax; electrical process
Pennisetum energy; Thermochemical
purpureum; conversion process that
Separated yard uses char, coke, or
waste; Biogenic syngas derived from the
components of renewable biomass
separated MSW; feedstock to provide
Cellulosic all thermal and
components of electrical process
separated food energy; Dry mill crop
waste; Cellulosic residue conversion
components of process that uses
annual cover crops. natural gas, biogas, or
crop residue for all
thermal process energy. L................................ Cellulosic diesel; Crop residue; Slash, The following processes 7
Renewable jet fuel; pre-commercial that use lignin, char,
Heating oil. thinnings, and tree coke, or syngas derived
residue; Separated from the renewable
yard waste; biomass feedstock to
Biogenic components provide all thermal and
of separated MSW; electrical process
Cellulosic energy other than
components of natural gas to produce
separated food hydrogen for upgrading
waste. (maximum 0.5 Btu of
natural gas per Btu of
finished fuel):
Pyrolysis and
upgrading; Biochemical
conversion and
upgrading. The
following processes
that use lignin, char,
coke, or syngas derived
from the renewable
biomass feedstock to
provide all thermal and
electrical process
energy: Gasification
and upgrading; Direct
biochemical conversion.
M................................ Renewable gasoline; Crop residue; Slash, The following processes 3
Renewable gasoline pre-commercial that use lignin, char,
blendstock; Co- thinnings, and tree coke, or syngas derived
processed residue; Separated from the renewable
cellulosic diesel; yard waste; biomass feedstock to
Co-processed Biogenic components provide all thermal and
renewable jet fuel; of separated MSW; electrical process
Co-processed Cellulosic energy other than
heating oil. components of natural gas to produce
separated food hydrogen for upgrading
waste. (maximum 0.5 Btu of
natural gas per Btu of
finished fuel):
Pyrolysis and
upgrading; Biochemical
conversion and
upgrading. The
following processes
that use lignin, char,
coke, or syngas derived
from the renewable
biomass feedstock to
provide all thermal and
electrical process
energy: Gasification
and upgrading; Direct
biochemical conversion. N................................ Renewable naphtha; Switchgrass; Gasification and 3
Renewable gasoline; Miscanthus; Energy upgrading process that
Renewable gasoline cane; Arundo donax; uses lignin, char,
blendstock; Co- Pennisetum coke, or syngas derived
processed purpureum; from the renewable
cellulosic diesel; Cellulosic biomass feedstock to
Co-processed components of provide all thermal and
renewable jet fuel; annual cover crops. electrical process
Co-processed energy.
heating oil. O................................ Butanol............. Corn starch......... Fermentation; Dry mill 6
process using natural
gas, biomass, or biogas
for process energy. P................................ Ethanol; Renewable Non-cellulosic Fermentation using 5
diesel; Renewable portions of natural gas, biogas, or
jet fuel; Heating separated food crop residue for
oil; Renewable waste; Non- thermal energy;
naphtha. cellulosic Hydrotreating;
components of Transesterification.
annual cover crops. Q................................ Renewable CNG; Biogas from The following processes 3
Renewable LNG. landfills, that do not transport
municipal RNG or renewable CNG/
wastewater LNG by ocean-going
treatment facility vessel: Treatment and
digesters, compression; Treatment
agricultural and liquefaction.
digesters, and
separated MSW
digesters; Biogas
from the cellulosic
components of
biomass processed
in other waste
digesters. R................................ Ethanol............. Grain sorghum....... Dry mill process using 6
natural gas or biogas
from landfills, waste
treatment plants, or
waste digesters for
process energy. S................................ Ethanol............. Grain sorghum....... Dry mill process using 5
only biogas from
landfills, waste
treatment plants, or
waste digesters for
process energy and for
on-site production of
all electricity used at
the site other than up
to 0.15 kWh of
electricity from the
grid per gallon of
ethanol produced,
calculated on a per
batch basis. T................................ Renewable CNG; Biogas from waste The following processes 5
Renewable LNG. digesters. that do not transport
RNG or renewable CNG/
LNG by ocean-going
vessel: Treatment and
compression; Treatment
and liquefaction. U................................ Cellulosic diesel; Switchgrass; The following processes 7
Renewable jet fuel; Miscanthus; Energy that use lignin, char,
Heating oil. cane; Arundo donax; coke, or syngas derived
Pennisetum from the renewable
purpureum; biomass feedstock to
Cellulosic provide all thermal and
components of electrical process
annual cover crops. energy: Gasification
and upgrading; Direct
biochemical conversion.
* * * * *
0 20. Amend Sec. 80.1428 by revising paragraph (a) 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. Sec. 80.1426(e) and 80.125(c), as applicable.
(2) An assigned RIN with a K code of 1 cannot be transferred to another person without simultaneously transferring a volume of renewable fuel to that same person.
(3) Assigned gallon-RINs with a K code of 1 or 3 can be transferred to another person based on the following:
(i) 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 with a K code of 3 must transfer RINs under Sec. 80.125(c).
(4) 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 a volume of 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 a volume of RNG. * * * * *
0 21. Amend Sec. 80.1429 by revising paragraphs (b)(5)(i), (b)(5)(ii)(B), and (c) to read as follows:
Sec. 80.1429 Requirements for separating RINs from volumes of renewable fuel or RNG.
* * * * *
(b) * * *
(5)(i) Any party that produces, imports, owns, sells, or uses a volume of biogas for which RINs have been generated in accordance with Sec. 80.1426(f) must separate any RINs that have been assigned to that volume of biogas if all the following conditions are met:
(A) The party designates the biogas as transportation fuel.
(B) The biogas is used as transportation fuel.
(ii) * * *
(B) Only an RNG RIN separator may separate the RINs that have been assigned to a volume of RNG after meeting all applicable requirements in Sec. 80.125(d)(2). * * * * *
(c) The party responsible for separating a RIN from a volume of renewable fuel or RNG must change the K code in the RIN from a value of 1 or 3, as applicable, to a value of 2 prior to transferring the RIN to any other party. * * * * *
0 22. Amend Sec. 80.1431 by revising paragraph (a)(1)(ix) and adding paragraph (a)(1)(xi) to read as follows:
Sec. 80.1431 Treatment of invalid RINs.
(a) * * *
(1) * * *
(ix) Was generated for a prohibited act under Sec. 80.1460(b). * * * * *
(xi) Was otherwise improperly generated. * * * * *
Sec. 80.1435 [Amended]
0 23. Amend Sec. 80.1435 by, in paragraph (b)(2)(ii), removing the text “RIN gallons” and adding, in its place, the text “gallon-RINs”.
0 24. Amend Sec. 80.1441 by adding paragraphs (e)(2)(iv) and (v) to read as follows:
Sec. 80.1441 Small refinery exemption.
* * * * *
(e) * * *
(2) * * *
(iv) A refinery that is granted a small refinery exemption under this section must still submit reports under Sec. 80.1451(a) for the compliance year for which it was granted an exemption, including annual compliance reports. Such exempt small refineries must submit annual compliance reports containing all the information specified in Sec. 80.1451(a)(1) by the applicable compliance deadline specified in Sec. 80.1451(f)(1)(i).
(v) A refinery that is granted a small refinery exemption under this section must still comply with any deficit RVOs carried forward from the previous compliance year. * * * * *
0 25. Amend Sec. 80.1442 by adding paragraphs (h)(6) and (7) to read as follows:
Sec. 80.1442 What are the provisions for small refiners under the RFS program?
* * * * *
(h) * * *
(6) A refiner that is granted a small refiner exemption under this section must still submit reports under Sec. 80.1451(a) for the compliance year for which it was granted an exemption, including annual compliance reports. Such exempt small refiners must submit annual compliance reports containing all the information specified in Sec. 80.1451(a)(1) by the applicable compliance deadline specified in Sec. 80.1451(f)(1)(i).
(7) A refiner that is granted a small refiner exemption under this section must still comply with any deficit RVOs carried forward from the previous compliance year. * * * * *
Sec. 80.1444 [Amended]
0 26. Amend Sec. 80.1444 by, in paragraph (b), removing the text “in Sec. 80.1401”.
0 27. Amend Sec. 80.1449 by: 0 a. Revising paragraphs (a) introductory text, (a)(1), (a)(4)(i) and (iii), and (b); 0 b. Removing paragraph (d); and 0 c. Redesignating paragraph (e) as paragraph (d).
The revisions read as follows:
Sec. 80.1449 What are the Production Outlook Report requirements?
(a) By June 1 of each year, a registered renewable fuel producer or importer must submit and an unregistered renewable fuel producer may submit all of the following information for each of its facilities, as applicable, to EPA:
(1) If currently registered, any planned changes to the type, or types, of renewable fuel expected to be produced or imported at each facility owned by the renewable fuel producer or importer. * * * * *
(4) * * *
(i) Nameplate production capacity and, if applicable, permitted production capacity. * * * * *
(iii) If currently registered, any planned changes to feedstocks, biointermediates, and production processes to be used at each production facility. * * * * *
(b) The information listed in paragraph (a) of this section must include the reporting party's best annual projection estimates for the five following calendar years. * * * * *
0 28. Amend Sec. 80.1450 by: 0 a. Revising the last sentence in paragraph (a); and 0 b. Revising paragraphs (b)(1)(iv)(A)(2), (b)(1)(v) introductory text, (b)(1)(v)(A), (b)(1)(v)(B)(1) introductory text, (b)(1)(v)(D) introductory text, (b)(1)(v)(D)(1), (b)(1)(vi)(B), (b)(1)(xi), (b)(1)(xii) introductory text, (b)(1)(xii)(A), (b)(2) introductory text, (g)(10) introductory text, and (g)(10)(i).
The revisions read as follows:
Sec. 80.1450 What are the registration requirements under the RFS program?
(a) * * * Registration information must be submitted and accepted by EPA at least 60 days prior to RIN ownership.
(b) * * *
(1) * * *
(iv) * * *
(A) * * *
(2) The name and address of the company supplying each process heat fuel to the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility. * * * * *
(v) The following records that support the facility's baseline volume or, for foreign ethanol production facilities, their production volume:
(A) For all facilities except those described in paragraph (b)(1)(v)(B) of this section, copies of the most recent applicable air permits issued by the U.S. Environmental Protection Agency, state, local air pollution control agencies, or foreign governmental agencies and that govern the construction and/or operation of the renewable fuel or foreign ethanol production facility.
(B) * * *
(1) Applicable air permits issued by EPA, state, local air pollution control agencies, or foreign governmental agencies that govern the construction
and/or operation of the renewable fuel production facility that were: * * * * *
(D) For all facilities producing renewable fuel from biogas, submit all relevant information in Sec. 80.1426(f)(10) or (11), including:
(1) Copies of all contracts or affidavits, as applicable, that follow the track of the biogas/CNG/LNG from its original source, to the producer that processes it into renewable fuel, and finally to the end user that will actually use the renewable CNG/LNG for transportation purposes. * * * * *
(vi) * * *
(B) Applicable air permits issued by the U.S. Environmental Protection Agency, state, local air pollution control agencies, or foreign governmental agencies that governed the construction and/or operation of the renewable fuel production facility during construction and when first operated. * * * * *
(xi) For a producer of renewable fuel oil:
(A) An affidavit from the producer of the renewable fuel oil stating that the renewable fuel oil for which RINs have been generated will be sold for the purposes of heating or cooling interior spaces of homes or buildings to control ambient climate for human comfort, and no other purpose.
(B) Affidavits from the final end user or users of the renewable fuel oil stating that the renewable fuel oil is being used or will be used for purposes of heating or cooling interior spaces of homes or buildings to control ambient climate for human comfort, and no other purpose, and acknowledging that any other use of the renewable fuel oil would violate EPA regulations and subject the user to civil and/or criminal penalties under the Clean Air Act.
(xii) For a producer or importer of any renewable fuel other than ethanol, biodiesel, renewable gasoline, renewable jet fuel, renewable diesel that meets paragraph (1) of the definition for renewable diesel, biogas-derived renewable fuel, or RNG, all the following:
(A) A description of the renewable fuel and how it will be blended to into gasoline or diesel fuel to produce a transportation fuel, heating oil, or jet fuel that meets all applicable standards. * * * * *
(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. The report and verification must be based upon a review of relevant documents and a site visit conducted within the six months prior to submission of the registration information. The report and verification must separately identify each item required by paragraph (b)(1) of this section, describe how the independent third-party evaluated the accuracy of the information provided, state whether the independent third-party agrees with the information provided, and identify any exceptions between the independent third-party's findings and the information provided. * * * * *
(g) * * *
(10) Registration renewal. Registrations for independent third- party auditors expire December 31 of every other calendar year. Previously approved registrations will renew automatically if all the following conditions are met:
(i) The independent third-party auditor resubmits all information, updated as necessary, described in paragraphs (g)(1) through (7) of this section no later than October 31 before the calendar year that their registration expires. * * * * *
0 29. Amend Sec. 80.1451 by: 0 a. Revising paragraph (b)(1)(ii)(L); 0 b. Removing and reserving paragraph (b)(1)(ii)(P); 0 c. Revising paragraph (b)(1)(ii)(Q) and paragraph (b)(1)(ii)(T) introductory text; 0 d. Removing paragraph (c)(2)(ii)(D)(14); 0 e. Revising paragraph (f)(1)(i)(A) introductory text; 0 f. Adding paragraph (f)(1)(i)(C); and 0 g. In paragraph (g)(1)(viii), removing the text “D-code” and adding, in its place, the text “D code”.
The revisions and addition read as follows:
Sec. 80.1451 What are the reporting requirements under the RFS program?
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(L) Each process, feedstock, and biointermediate used and proportion of renewable volume attributable to each process, feedstock, and biointermediate, as applicable. * * * * *
(Q) Producers or importers of renewable fuel produced at facilities that use biogas for process heat as described in Sec. 80.1426(f)(12), shall report the total energy supplied to the renewable fuel production facility, in MMBtu based on metering of gas volume. * * * * *
(T) Producers or importers of any renewable fuel other than ethanol, biodiesel, renewable gasoline, renewable jet fuel, renewable diesel that meets paragraph (1) of the definition for renewable diesel, biogas-derived renewable fuel, or RNG, must report, on a quarterly basis, all the following for each volume of fuel: * * * * *
(f) * * *
(1) * * *
(i) * * *
(A) Except as specified in paragraphs (f)(1)(i)(B) and (C) of this section, obligated parties must submit annual compliance reports by whichever of the following dates is latest: * * * * *
(C) If EPA publishes a document in the Federal Register that proposes to revise a renewable fuel standard in Sec. 80.1405(a), annual compliance reports for that compliance year must be submitted by the following date, as applicable:
(1) If EPA publishes a document in the Federal Register that finalizes the proposed revision to the renewable fuel standard in Sec. 80.1405(a), whichever of the following dates is latest:
(i) The next quarterly reporting deadline under paragraph (f)(2) of this section after the date the revised renewable fuel standard becomes effective in Sec. 80.1405(a).
(ii) The applicable compliance reporting deadline under paragraph (f)(1)(i)(A) or (B) of this section.
(2) If EPA publishes a document in the Federal Register that withdraws the proposed revision to the renewable fuel standard in Sec. 80.1405(a), whichever of the following dates is latest:
(i) The next quarterly reporting deadline under paragraph (f)(2) of this section that is 60 days after the date the withdrawal is published in the Federal Register.
(ii) The applicable compliance reporting deadline under paragraph (f)(1)(i)(A) or (B) of this section.
(3) If EPA does not publish a document in the Federal Register that either finalizes or withdraws the proposed revision to the renewable fuel standard in Sec. 80.1405(a) within 12 months after the date the proposed rule was published in the Federal Register, whichever of the following dates is latest:
(i) The next quarterly reporting deadline under paragraph (f)(2) of this section that is 12 months after the date the proposed rule was published in the Federal Register.
(ii) The applicable compliance reporting deadline under paragraph (f)(1)(i)(A) or (B) of this section. * * * * *
0 30. Amend Sec. 80.1452 by: 0 a. Revising paragraphs (a), (b) introductory text, and (b)(1), (2), (4), and (11); 0 b. Redesignating paragraph (b)(18) as paragraph (b)(19) and adding new paragraph (b)(18); and 0 c. Revising paragraph (c) introductory text.
The revisions and addition read as follows:
Sec. 80.1452 What are the requirements related to the EPA Moderated Transaction System (EMTS)?
(a) Each party required to submit information under this section must establish an account with the EPA Moderated Transaction System (EMTS) at least 60 days prior to engaging in any RIN transactions.
(b) Each time a RIN generator assigns RINs to a batch of renewable fuel or RNG pursuant to Sec. Sec. 80.125(c) and 80.1426(e), as applicable, all the following information must be submitted to EPA via the submitting party's EMTS account within five (5) business days of the date of RIN assignment. EPA in its sole discretion may allow a RIN generator to submit information under this paragraph (b) outside the 5- business-day deadline.
(1) The name of the RIN generator.
(2) The EPA company registration number of the renewable fuel producer, RNG producer, or foreign ethanol producer, as applicable. * * * * *
(4) The EPA facility registration number of the facility at which the renewable fuel producer, RNG producer, or foreign ethanol producer produced the batch, as applicable. * * * * *
(11) The volume of ethanol denaturant, if applicable, and applicable equivalence value of each batch. * * * * *
(18) Starting January 1, 2027, the type of RIN generation protocol used when assigning RINs to the associated renewable fuel volume. * * * * *
(c) Each time any party sells, separates, or retires RINs, all the following information must be submitted to EPA via the submitting party's EMTS account within five (5) business days of the reportable event. Each time any party purchases RINs, all the following information must be submitted to EPA via the submitting party's EMTS account within ten (10) business days of the reportable event. The reportable event for a RIN purchase or sale occurs on the date of transfer per Sec. 80.1453(a)(4). The reportable event for a RIN separation or retirement occurs on the date of separation or retirement as described in Sec. 80.1429 or Sec. 80.1434. EPA in its sole discretion may allow a party to submit information under this paragraph (c) outside the applicable 5- or 10-business-day deadline. * * * * *
0 31. Amend Sec. 80.1453 by revising paragraphs (a)(12)(v) and (vii) and (d) to read as follows:
Sec. 80.1453 What are the product transfer document (PTD) requirements for the RFS program?
(a) * * *
(12) * * *
(v) Renewable naphtha. “This volume of neat or blended renewable naphtha is designated and intended for use as transportation fuel or jet fuel in the 48 U.S. contiguous states and Hawaii. This naphtha may only be used as a gasoline blendstock, E85 blendstock, or jet fuel. Any person exporting this fuel is subject to the requirements of 40 CFR 80.1430.”. * * * * *
(vii) Renewable fuels other than ethanol, biodiesel, heating oil, renewable diesel, naphtha, or butanol. “This volume of neat or blended renewable fuel is designated and intended to be used as transportation fuel, heating oil, or jet fuel in the 48 U.S. contiguous states and Hawaii. Any person exporting this fuel is subject to the requirements of 40 CFR 80.1430.”. * * * * *
(d) For renewable fuel oil, the PTD of the renewable fuel oil shall state: “This volume of renewable fuel oil is designated and intended to be used to heat or cool interior spaces of homes or buildings to control ambient climate for human comfort. Do NOT use for process heat or cooling or any other purpose, as these uses are prohibited pursuant to 40 CFR 80.1460(g).”. * * * * *
0 32. Amend Sec. 80.1454 by: 0 a. Revising paragraphs (a) introductory text, (b) introductory text, (b)(3)(ix), (b)(8), and (c)(1) introductory text; 0 b. In paragraph (d)(4)(ii)(B), removing the text “renewable fuel facility” and adding, in its place, the text “renewable fuel production facility”; 0 c. In paragraph (g) introductory text, removing the text “U.S. agricultural land as defined in Sec. 80.1401” and adding, in its place, the text “agricultural land”; 0 d. In paragraph (g)(2)(ii)(B), removing the text “renewable fuel facility” and adding, in its place, the text “renewable fuel production facility”; 0 e. Revising and republishing paragraph (k)(1); 0 f. Revising paragraphs (k)(2) introductory text, (l) introductory text, (l)(2), and (l)(3)(iv); 0 g. Removing paragraph (m)(8); and 0 h. Redesignating paragraphs (m)(9) through (11) as paragraphs (m)(8) through (10).
The revisions read as follows:
Sec. 80.1454 What are the recordkeeping requirements under the RFS program?
(a) Requirements for obligated parties and exporters of renewable fuel. Any obligated party or exporter of renewable fuel must keep all the following records: * * * * *
(b) Requirements for all producers of renewable fuel. In addition to any other applicable records a renewable fuel producer must maintain under this section, any domestic or RIN-generating foreign producer of a renewable fuel must keep all the following records: * * * * *
(3) * * *
(ix) All facility-determined values used in the calculations under Sec. 80.1426 and the data used to obtain those values. * * * * *
(8) A producer of renewable fuel oil must keep copies of all contracts which describe the renewable fuel oil under contract with each end user. * * * * *
(c) * * *
(1) Any RIN-generating foreign producer or importer of renewable fuel must keep records of feedstock purchases and transfers associated with renewable fuel for which RINs are generated, sufficient to verify that feedstocks used are renewable biomass. * * * * *
(k) * * *
(1) Pathways involving feedstocks other than grain sorghum. A renewable fuel producer that generates RINs for renewable CNG/LNG pursuant to Sec. 80.1426(f)(10) or (11), or that uses process heat from biogas to produce renewable fuel pursuant to Sec. 80.1426(f)(12) must keep all the following additional records:
(i) Documentation recording the sale of renewable CNG/LNG for use as transportation fuel relied upon in Sec. 80.1426(f)(10) or (11), or for use of biogas for process heat to make renewable fuel as relied upon in Sec. 80.1426(f)(12), and the transfer of title of the biogas/ CNG/LNG from the point of biogas production to the facility that
sells or uses the fuel for transportation purposes.
(ii) Documents demonstrating the volume and energy content of biogas/CNG/LNG relied upon under Sec. 80.1426(f)(10) that was delivered to the facility that sells or uses the fuel for transportation purposes.
(iii) Documents demonstrating the volume and energy content of biogas/CNG/LNG relied upon under Sec. 80.1426(f)(11), or biogas relied upon under Sec. 80.1426(f)(12) that was placed into the commercial distribution.
(iv) Documents demonstrating the volume and energy content of biogas relied upon under Sec. 80.1426(f)(12) at the point of distribution.
(v) Affidavits, EPA-approved documentation, or data from a real- time electronic monitoring system, confirming that the amount of the biogas/CNG/LNG relied upon under Sec. 80.1426(f)(10) and (11) was used for transportation purposes only, and for no other purpose. The RIN generator must obtain affidavits, or monitoring system data under this paragraph (k), at least once per calendar quarter.
(vi) The biogas producer's Compliance Certification required under Title V of the Clean Air Act.
(vii) Any other records as requested by EPA.
(2) Pathways involving grain sorghum as feedstock. A renewable fuel producer that produces fuel pursuant to a pathway that uses grain sorghum as a feedstock must keep all the following additional records, as appropriate: * * * * *
(l) Additional requirements for producers or importers of any renewable fuel other than ethanol, biodiesel, renewable gasoline, renewable diesel, biogas-derived renewable fuel, or RNG. A renewable fuel producer that generates RINs for any renewable fuel other than ethanol, biodiesel, renewable gasoline, renewable jet fuel, renewable diesel that meets paragraph (1) of the definition for renewable diesel, biogas-derived renewable fuel, or RNG must keep all the following additional records: * * * * *
(2) Contracts and documents memorializing the sale of renewable fuel to parties who blend the fuel into gasoline or diesel fuel to produce a transportation fuel, heating oil, or jet fuel, or who use the renewable fuel in its neat form for a qualifying fuel use.
(3) * * *
(iv) A description of the finished fuel, and a statement that the fuel meets all applicable standards and was sold for use as a transportation fuel, heating oil, or jet fuel. * * * * *
0 33. Amend Sec. 80.1460 by: 0 a. Revising paragraph (b)(4); 0 b. Adding paragraph (b)(9); and 0 c. Revising paragraph (g).
The revisions and addition read as follows:
Sec. 80.1460 What acts are prohibited under the RFS program?
* * * * *
(b) * * *
(4)(i) Transfer to any person an assigned RIN with a K code of 1 without transferring an appropriate volume of renewable fuel to the same person on the same day.
(ii) Take title to an assigned RIN with a K code of 3 without taking title to a corresponding volume of RNG. * * * * *
(9) Generate a RIN for fuel that is used for process heat or electricity generation, except as specified in Sec. 80.1426(f)(12). * * * * *
(g) Failing to use a renewable fuel oil for its intended use. No person shall use renewable fuel oil for which RINs have been generated in an application other than to heat or cool interior spaces of homes or buildings to control ambient climate for human comfort. * * * * *
0 34. Amend Sec. 80.1461 by adding paragraph (g) to read as follows:
Sec. 80.1461 Who is liable for violations under the RFS program?
* * * * *
(g) Importer joint and several liability. Any person meeting the definition of an importer under this subpart is jointly and severally liable for any violation of this subpart.
0 35. Amend Sec. 80.1469 by: 0 a. Removing paragraphs (a) and (b); 0 b. Redesignating paragraphs (c) through (f) as paragraphs (a) through (d); and 0 c. Revising newly redesignated paragraphs (a) introductory text, (a)(1)(vii), (a)(3)(vii), (a)(5), (c)(1), (d)(1) introductory text, and (d)(2).
The revisions read as follows:
Sec. 80.1469 Requirements for Quality Assurance Plans.
* * * * *
(a) QAP Requirements. All components specified in this paragraph (a) require quarterly monitoring, except for paragraph (a)(4)(iii) of this section which must be done annually.
(1) * * *
(vii) Feedstock(s) and biointermediate(s) are not renewable fuel for which RINs were previously generated unless the RINs were generated under Sec. 80.1426(c)(6). For renewable fuels that have RINs generated under Sec. 80.1426(c)(6), verify that renewable fuels used as a feedstock meet all applicable requirements of this paragraph (a)(1). * * * * *
(3) * * *
(vii) Verify that appropriate RIN generation calculations are being followed under Sec. 80.1426. * * * * *
(5) Representative sampling. Independent third-party auditors may use a representative sample of batches of renewable fuel or biointermediate in accordance with the procedures described in 40 CFR 1090.1805 for all components of this paragraph (a) except for paragraphs (a)(1)(ii) and (iii), (a)(2)(ii), (a)(3)(vi), and (a)(4)(ii) and (iii) of this section. If a facility produces both a renewable fuel and a biointermediate, the independent third-party auditor must select separate representative samples for the renewable fuel and biointermediate. * * * * *
(c) * * *
(1) Each independent third-party auditor must annually submit a general and at least one pathway-specific QAP to the EPA which demonstrates adherence to the requirements of paragraphs (a) and (b) of this section and request approval on forms and using procedures specified by EPA. * * * * *
(d) * * *
(1) A new QAP must be submitted to EPA according to paragraph (c) of this section and the independent third-party auditor must update their registration according to Sec. 80.1450(g)(9) whenever any of the following changes occur at a renewable fuel or biointermediate production facility audited by an independent third-party auditor and the auditor does not possess an appropriate pathway-specific QAP that encompasses the change: * * * * *
(2) A QAP ceases to be valid as the basis for verifying RINs or a biointermediate under a new pathway until a new pathway-specific QAP, submitted to the EPA under this paragraph (d), is approved pursuant to paragraph (c) of this section.
Sec. 80.1470 [Removed and Reserved]
0 36. Remove and reserve Sec. 80.1470.
0 37. Amend Sec. 80.1471 by revising paragraphs (b)(3), (e), and (f) to read as follows:
Sec. 80.1471 Requirements for QAP auditors.
* * * * *
(b) * * *
(3) The independent third-party auditor must not own, buy, sell, or otherwise trade RINs unless required to replace an invalid RIN pursuant to Sec. 80.1474. * * * * *
(e) The independent third-party auditor must identify RINs generated from a renewable fuel producer or foreign renewable fuel producer as having been verified under a QAP.
(1) For RINs verified under a QAP pursuant to Sec. 80.1469, RINs must be designated as Q-RINs and must be identified as having been verified under a QAP in EMTS.
(2) The independent third-party auditor must not identify RINs generated from a renewable fuel producer or foreign renewable fuel producer as having been verified under a QAP if a revised QAP must be submitted to and approved by the EPA under Sec. 80.1469(d).
(3) The independent third-party auditor must not identify RINs generated for renewable fuel produced using a biointermediate as having been verified under a QAP unless the biointermediate used to produce the renewable fuel was verified under an approved QAP pursuant to Sec. 80.1477.
(f)(1) Auditors may only verify RINs that have been generated after the audit required under Sec. 80.1472 has been completed. Auditors may only verify biointermediates that were produced after the audit required under Sec. 80.1472 has been completed. Auditors must only verify RINs generated from renewable fuels produced from biointermediates after the audit required under Sec. 80.1472 has been completed for both the biointermediate production facility and the renewable fuel production facility.
(2) Verification of RINs or biointermediates may continue for no more than 200 days following an on-site visit or 380 days after an on- site visit if a previously EPA-approved remote monitoring system is in place at the renewable fuel production facility. * * * * *
0 38. Revise and republish Sec. 80.1472 to read as follows:
Sec. 80.1472 Requirements for quality assurance audits.
(a) General requirements. (1) An audit must be performed by an auditor who meets the requirements of Sec. 80.1471.
(2) An audit must be based on a QAP per Sec. 80.1469.
(3) Each audit must verify every element contained in an applicable and approved QAP.
(4) Each audit must include a review of documents generated by the renewable fuel producer or biointermediate producer.
(b) On-site visits. (1) As applicable, the independent third-party auditor must conduct an on-site visit at the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility:
(i) At least two times per calendar year; or
(ii) In the event an auditor uses a remote monitoring system approved by the EPA, at least one time per calendar year.
(2) An on-site visit specified in paragraph (b)(1)(i) of this section must occur no more than:
(i) 200 days after the previous on-site visit. The 200-day period must start the day after the previous on-site visit ends; or
(ii) 380 days after the previous on-site visit if a previously approved (by EPA) remote monitoring system is in place at the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility, as applicable. The 380-day period must start the day after the previous on-site visit ends.
(3) An on-site visit must include verification of all QAP elements that require inspection or evaluation of the physical attributes of the renewable fuel production facility, foreign ethanol production facility, or biointermediate production facility, as applicable.
(4) The on-site visit must be overseen by a professional engineer, as specified in Sec. 80.1450(b)(2)(i)(A) and (B).
0 39. Amend Sec. 80.1473 by: 0 a. Revising paragraph (a); 0 b. Removing paragraphs (c) and (d); 0 c. Redesignating paragraphs (e) and (f) as paragraphs (c) and (d); 0 d. Revising newly redesignated paragraphs (c) introductory text, (c)(1), and (d).
The revisions read as follows:
Sec. 80.1473 Affirmative defenses.
(a) Criteria. Any person who engages in actions that would be a violation of the provisions of either Sec. 80.1460(b)(2) or (c)(1), other than the generator of an invalid RIN, will not be deemed in violation if the person demonstrates that the criteria under paragraph (c) of this section are met. * * * * *
(c) Asserting an affirmative defense for invalid Q-RINs. To establish an affirmative defense to a violation of Sec. 80.1460(b)(2) or (c)(1) involving invalid Q-RINs, the person must meet the notification requirements of paragraph (d) of this section and prove by a preponderance of evidence all the following:
(1) The RIN in question was verified through a quality assurance audit pursuant to Sec. 80.1472 using an approved QAP as specified in Sec. 80.1469. * * * * *
(d) Notification requirements. A person asserting an affirmative defense to a violation of Sec. 80.1460(b)(2) or (c)(1), arising from the transfer or use of an invalid Q-RIN must submit a written report to the EPA via the EMTS support line ([email protected]), including all pertinent supporting documentation, demonstrating that the requirements of paragraph (c) of this section were met. The written report must be submitted within 30 days of the person discovering the invalidity.
0 40. Amend Sec. 80.1474 by: 0 a. Removing paragraphs (a)(1) and (2); 0 b. Redesignating paragraphs (a)(3) and (4) as paragraphs (a)(1) and (2); 0 c. Revising paragraphs (b)(5) and (d)(2); 0 d. Removing paragraph (e); 0 e. Redesignating paragraphs (f) and (g) as paragraphs (e) and (f).
The revisions read as follows:
Sec. 80.1474 Replacement requirements for invalidly generated RINs.
* * * * *
(b) * * *
(5) Within 60 days of receiving a notification from the EPA that a PIR generator has failed to perform a corrective action required pursuant to this section, the party that owns the invalid RIN is required to do one of the following:
(i) Retire the invalid RIN.
(ii) If the invalid RIN has already been used for compliance with an obligated party's RVO, correct the RVO to subtract the invalid RIN. * * * * *
(d) * * *
(2) The number of RINs retired must be equal to the number of PIRs or invalid RINs being replaced, subject to paragraph (e) of this section if applicable. * * * * *
0 41. Amend Sec. 80.1476 by revising paragraph (h)(1) to read as follows:
Sec. 80.1476 Requirements for biointermediate producers.
* * * * *
(h) * * *
(1) Each biointermediate producer must assign a number (the “batch number”) to each batch of biointermediate consisting of their EPA- issued company registration number,
the EPA-issued facility registration number, the last two digits of the compliance year in which the batch was produced, and a unique number for the batch during the compliance year (e.g., 4321-54321-25-000001). * * * * *
0 42. Amend Sec. 80.1477 by revising paragraphs (b) and (c) to read as follows:
Sec. 80.1477 Requirements for QAPs for biointermediate producers.
* * * * *
(b) QAPs approved by EPA to verify biointermediate production must meet the requirements in Sec. 80.1469, as applicable.
(c) Quality assurance audits, when performed, must be conducted in accordance with the requirements in Sec. 80.1472. * * * * *
0 43. Amend Sec. 80.1479 by revising paragraphs (c)(2) to read as follows:
Sec. 80.1479 Alternative recordkeeping requirements for separated yard waste, separated food waste, separated MSW, and biogenic waste oils/fats/greases.
* * * * *
(c) * * *
(2) The independent third-party auditor must conduct a site visit of each feedstock aggregator's establishment as specified in Sec. 80.1471(f). Instead of verifying RINs with a site visit of the feedstock aggregator's establishment every 200 days as specified in Sec. 80.1471(f)(2), the independent third-party auditor may verify RINs with a site visit every 380 days. * * * * *
PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS
0 44. The authority citation for part 1090 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543, 7545, 7547, 7550, and 7601.
Subpart A--General Provisions
0 45. Amend Sec. 1090.80 by: 0 a. In the definition for “Diesel fuel”, revising paragraph (2); 0 b. Removing the definition for “Nonpetroleum (NP) diesel fuel” and adding, in its place, a definition for “Nonpetroleum diesel fuel”; and 0 c. In the definition for “Responsible corporate officer (RCO)”, revising the last sentence.
The revisions and addition read as follows:
Sec. 1090.80 Definitions.
* * * * *
Diesel fuel * * *
(2) Any fuel (including nonpetroleum diesel fuel or a fuel blend that contains nonpetroleum diesel fuel) that is intended or used to power a vehicle or engine that is designed to operate using diesel fuel. * * * * *
Nonpetroleum diesel fuel means renewable diesel fuel or biodiesel. Nonpetroleum diesel fuel also includes other renewable fuel under 40 CFR part 80, subpart M, that is used or intended for use to power a vehicle or engine that is designed to operate using diesel fuel or that is made available for use in a vehicle or engine designed to operate using diesel fuel. * * * * *
Responsible corporate officer (RCO) * * * Examples of positions in non-corporate business structures that qualify are owner, chief executive officer, or president. * * * * *
0 46. Amend Sec. 1090.95 by revising and republishing paragraphs (a) and (c) to read as follows:
Sec. 1090.95 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. EPA and at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; (202) 566-1742; [email protected]. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The material may be obtained from the sources in the following paragraphs of this section. * * * * * (c) ASTM International (ASTM), 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-2786; www.astm.org. (1) ASTM D86-23ae2, Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, approved December 1, 2023 (ASTM D86); IBR approved for Sec. 1090.1350(b). (2) ASTM D287-22, Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer/Method), approved December 1, 2022 (ASTM D287); IBR approved for Sec. 1090.1337(d). (3) ASTM D975-24a, Standard Specification for Diesel Fuel, approved August 1, 2024 (ASTM D975); IBR approved for Sec. 1090.80. (4) ASTM D976-21e1, Standard Test Method for Calculated Cetane Index of Distillate Fuels, approved November 1, 2021 (ASTM D976); IBR approved for Sec. 1090.1350(b). (5) ASTM D1298-24, Standard Test Method for Density, Relative Density, or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method, approved November 1, 2024 (ASTM D1298); IBR approved for Sec. 1090.1337(d). (6) ASTM D1319-20a, Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved August 1, 2020 (ASTM D1319); IBR approved for Sec. 1090.1350(b). (7) ASTM D2163-23e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography, approved March 1, 2023 (ASTM D2163); IBR approved for Sec. 1090.1350(b). (8) ASTM D2622-24a, Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, approved December 1, 2024 (ASTM D2622); IBR approved for Sec. Sec. 1090.1350(b); 1090.1360(d); 1090.1375(c). (9) ASTM D3231-25, Standard Test Method for Phosphorus in Gasoline, approved May 1, 2025 (ASTM D3231); IBR approved for Sec. 1090.1350(b). (10) ASTM D3237-22, Standard Test Method for Lead in Gasoline by Atomic Absorption Spectroscopy, approved October 1, 2022 (ASTM D3237); IBR approved for Sec. 1090.1350(b). (11) ASTM D3606-24a, Standard Test Method for Determination of Benzene and Toluene in Spark Ignition Fuels by Gas Chromatography, approved November 1, 2024 (ASTM D3606); IBR approved for Sec. 1090.1360(c). (12) ASTM D4052-22, Standard Test Method for Density, Relative Density, and API Gravity of Liquids by Digital Density Meter, approved May 1, 2022 (ASTM D4052); IBR approved for Sec. 1090.1337(d) and (f). (13) ASTM D4057-22, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved May 1, 2022 (ASTM D4057); IBR approved for Sec. Sec. 1090.1335(b); 1090.1605(b). (14) ASTM D4177-22e1, Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved July 1, 2022 (ASTM D4177); IBR approved for Sec. Sec. 1090.1315(a); 1090.1335(c). (15) ASTM D4737-21, Standard Test Method for Calculated Cetane Index by Four Variable Equation, approved November 1, 2021 (ASTM D4737); IBR approved for Sec. 1090.1350(b). (16) ASTM D4806-25, Standard Specification for Denatured Fuel Ethanol, approved April 1, 2025 (ASTM D4806); IBR approved for Sec. 1090.1395(a).
(17) ASTM D4814-25a, Standard Specification for Automotive Spark- Ignition Engine Fuel, approved December 15, 2025 (ASTM D4814); IBR approved for Sec. Sec. 1090.80; 1090.1395(a). (18) ASTM D5134-21 (Reapproved 2025), Standard Test Method for Detailed Analysis of Petroleum Naphthas through n-Nonane by Capillary Gas Chromatography, approved October 1, 2025 (ASTM D5134); IBR approved for Sec. 1090.1350(b). (19) ASTM D5186-24, Standard Test Method for Determination of the Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels By Supercritical Fluid Chromatography, approved July 1, 2024 (ASTM D5186); IBR approved for Sec. 1090.1350(b). (20) ASTM D5191-22, Standard Test Method for Vapor Pressure of Petroleum Products and Liquid Fuels (Mini Method), approved July 1, 2022 (ASTM D5191); IBR approved for Sec. 1090.1360(d). (21) ASTM D5453-25, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved July 1, 2025 (ASTM D5453); IBR approved for Sec. 1090.1350(b). (22) ASTM D5500-20a, Standard Test Method for Vehicle Evaluation of Unleaded Automotive Spark-Ignition Engine Fuel for Intake Deposit Formation, approved June 1, 2020 (ASTM D5500); IBR approved for Sec. 1090.1395(c). (23) ASTM D5599-22, Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection, approved April 1, 2022 (ASTM D5599); IBR approved for Sec. 1090.1360(d). (24) ASTM D5769-25, Standard Test Method for Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry, approved October 1, 2025 (ASTM D5769); IBR approved for Sec. Sec. 1090.1350(b); 1090.1360(d). (25) ASTM D5842-23, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved October 1, 2023 (ASTM D5842); IBR approved for Sec. 1090.1335(d). (26) ASTM D5854-25, Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approved July 1, 2025 (ASTM D5854); IBR approved for Sec. 1090.1315(a). (27) ASTM D6201-19a, Standard Test Method for Dynamometer Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake Valve Deposit Formation, approved December 1, 2019 (ASTM D6201); IBR approved for Sec. 1090.1395(a). (28) ASTM D6259-23, Standard Practice for Determination of a Pooled Limit of Quantitation for a Test Method, approved May 1, 2023 (ASTM D6259); IBR approved for Sec. 1090.1355(b). (29) ASTM D6299-25a, Standard Practice for Applying Statistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System Performance, approved July 1, 2025 (ASTM D6299); IBR approved for Sec. Sec. 1090.1300(d); 1090.1370(c); 1090.1375(a), (b), (c), and (d); 1090.1450(c). (30) ASTM D6550-25, Standard Test Method for Determination of Olefin Content of Gasolines by Supercritical-Fluid Chromatography, approved October 1, 2025 (ASTM D6550); IBR approved for Sec. 1090.1350(b). (31) ASTM D6667-21, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved April 1, 2021 (ASTM D6667); IBR approved for Sec. Sec. 1090.1360(d); 1090.1375(c). (32) ASTM D6708-24, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, approved March 1, 2024 (ASTM D6708); IBR approved for Sec. Sec. 1090.1360(c); 1090.1365(d) and (f); 1090.1375(c). (33) ASTM D6729-25, Standard Test Method for Determination of Individual Components in Spark Ignition Engine Fuels by 100 Metre Capillary High Resolution Gas Chromatography, approved October 1, 2025 (ASTM D6729); IBR approved for Sec. 1090.1350(b). (34) ASTM D6730-22, Standard Test Method for Determination of Individual Components in Spark Ignition Engine Fuels by 100-Metre Capillary (with Precolumn) High-Resolution Gas Chromatography, approved November 1, 2022 (ASTM D6730); IBR approved for Sec. 1090.1350(b). (35) ASTM D6751-24, Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels, approved March 1, 2024 (ASTM D6751); IBR approved for Sec. Sec. 1090.300(a); 1090.1350(b). (36) ASTM D6792-25, Standard Practice for Quality Management Systems in Petroleum Products, Liquid Fuels, and Lubricants Testing Laboratories, approved November 1, 2025 (ASTM D6792); IBR approved for Sec. 1090.1450(c). (37) ASTM D7717-11 (Reapproved 2021), Standard Practice for Preparing Volumetric Blends of Denatured Fuel Ethanol and Gasoline Blendstocks for Laboratory Analysis, approved October 1, 2021 (ASTM D7717); IBR approved for Sec. 1090.1340(b). (38) ASTM D7777-24, Standard Test Method for Density, Relative Density, or API Gravity of Liquid Petroleum by Portable Digital Density Meter, approved July 1, 2024 (ASTM D7777); IBR approved for Sec. 1090.1337(d). * * * * *
Subpart C--Gasoline Standards
0 47. Effective April 28, 2026, amend Sec. 1090.215 by revising table 2 to paragraph (b)(3)(ii) to read as follows:
Sec. 1090.215 Gasoline RVP standards.
* * * * *
(b) * * *
(3) * * *
(ii) * * *
Table 2 to Paragraph (b)(3)(ii)--Areas Excluded From the Ethanol 1.0 psi
Waiver
State Counties Effective date
Illinois.................... All................. April 28, 2025. Iowa........................ All................. April 28, 2025. Minnesota................... All................. April 28, 2025. Missouri.................... All................. April 28, 2025. Nebraska.................... All................. April 28, 2025. South Dakota................ All except Butte, April 28, 2025.
Custer, Fall River,
Harding, Lawrence,
Meade, Oglala
Lakota, Pennington,
and Perkins. South Dakota................ Butte, Custer, Fall April 28, 2026.
River, Harding,
Lawrence, Meade,
Oglala Lakota,
Pennington, and
Perkins. Wisconsin................... All................. April 28, 2025.
* * * * *
Subpart D--Diesel Fuel and ECA Marine Fuel Standards
0 48. Amend Sec. 1090.300 by adding paragraph (a)(3) to read as follows:
Sec. 1090.300 Overview and general requirements.
(a) * * *
(3) Biodiesel that meets ASTM D6751 (incorporated by reference, see
Sec. 1090.95) is not subject to the cetane index or aromatic content standards in Sec. 1090.305(c). Biodiesel blends or biodiesel that does not meet ASTM D6751 remain subject to the cetane index or aromatic content standards in Sec. 1090.305(c). * * * * *
0 49. Amend Sec. 1090.305 by revising paragraph (a) to read as follows:
Sec. 1090.305 ULSD standards.
(a) Overview. Except as specified in Sec. 1090.300(a), all diesel fuel (including nonpetroleum diesel fuel) must meet the ULSD per-gallon standards of this section. * * * * *
Subpart N--Sampling, Testing, and Retention
0 50. Amend Sec. 1090.1310 by revising paragraph (b)(1) to read as follows:
Sec. 1090.1310 Testing to demonstrate compliance with standards.
* * * * *
(b) * * *
(1) Diesel fuel. Perform testing for each batch of ULSD (including nonpetroleum diesel fuel), 500 ppm LM diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur standards. * * * * *
0 51. Amend Sec. 1090.1337 by revising paragraph (e) to read as follows:
Sec. 1090.1337 Demonstrating homogeneity.
* * * * *
(e) For testing of diesel fuel (including nonpetroleum diesel fuel) and ECA marine fuel to meet the standards in subpart D of this part, demonstrate homogeneity using one of the procedures specified in paragraph (d)(1) or (2) of this section. * * * * * [FR Doc. 2026-06275 Filed 3-31-26; 8:45 am] BILLING CODE 6560-50-P
← C. Percentage Standard Equations to J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51Contents
- The rule itself
Environmental Protection Agency, “Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes,” 91 FR 16388 (April 1, 2026). Effective June 15, 2026.
https://www.federalregister.gov/documents/2026/04/01/2026-06275/renewable-fuel-standard-rfs-program-standards-for-2026-and-2027-partial-waiver-of-2025-cellulosic - This page
“Renewable Fuel Standard (RFS) Program: Standards for 2026 and 2027, Partial Waiver of 2025 Cellulosic Biofuel Volume Requirement, and Other Changes,” the text from “K. Congressional Review Act (CRA)” to “Subpart N--Sampling, Testing, and Retention.” Read the Mandate, https://readthemandate.org/rules/rule-2026-06275/text-5/ (retrieved August 27, 2026).
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