40 CFR 80.125 – RINs for RNG
(a) General requirements. (1) Any party that generates, assigns, transfers, receives, separates, or retires RINs for RNG must comply with the requirements of this section.
(2) Any party that transacts RINs for RNG under this section must transact the RINs as specified in § 80.1452.
(b) RIN generation. (1) Only RNG producers may generate RINs for RNG injected into a natural gas commercial pipeline system.
(2) RNG producers must generate RINs for only the biomethane content of biogas supplied by a biogas producer registered under § 80.135.
(3) RNG producers must generate RINs using the applicable requirements for RIN generation in § 80.1426.
(4) If non-renewable components are blended into RNG, the RNG producer must generate RINs for only the biomethane content of the RNG prior to blending.
(5) RNG producers must use the measurement procedures specified in § 80.155 to determine the heating value of RNG for the generation of RINs.
(6) The number of RINs generated for a batch volume of RNG under each batch pathway must be calculated as follows:
(7) When RNG is injected from multiple RNG production facilities at a pipeline interconnect, the total number of RINs generated must not be greater than the total number of RINs eligible to be generated under § 80.1415(b)(5) for the total volume of RNG injected by all RNG production facilities at that pipeline interconnect.
(8) For RNG that is trucked prior to injection into a natural gas commercial pipeline system, the total volume of RNG injected for the calendar month, in Btu LHV, must not be greater than the lesser of the total loading or unloading volume measurement for the month, in Btu LHV, as required under § 80.110(f)(2)(ii).
(9) Renewable fuel producers that retire RINs for RNG used as a feedstock under paragraph (e) of this section may only generate RINs for the renewable fuel produced from RNG if all applicable requirements under this part are met.
(c) RIN assignment and transfer. (1) RNG producers must assign the RINs generated for a batch of RNG to the specific volume of RNG injected into the natural gas commercial pipeline system.
(2) Except as specified in paragraph (c)(1) of this section, no party may assign a RIN to a volume of RNG.
(3) Each party that transfers title of a volume of RNG to another party must transfer title of any assigned RINs for the volume of RNG to the transferee.
(d) RIN separation. (1) Only the following parties may separate a RIN from RNG:
(i) The party that withdrew the RNG from the natural gas commercial pipeline system.
(ii) The party that produced or oversaw the production of the renewable CNG/LNG from the RNG.
(iii) The party that used or dispensed for use the renewable CNG/LNG as transportation fuel.
(2) An RNG RIN separator must only separate a RIN from RNG if all the following requirements are met:
(i) The RNG used to produce the renewable CNG/LNG was measured using the procedures specified in § 80.155.
(ii) The RNG RIN separator has the following documentation demonstrating that the volume of renewable CNG/LNG was used as transportation fuel:
(A) If the RNG RIN separator sold or used the renewable CNG/LNG, records demonstrating the date, location, and volume of renewable CNG/LNG sold or used as transportation fuel.
(B) If the RNG RIN separator is relying on documentation from another party, all the following as applicable:
(1) A written contract with the other party for the sale or use of the renewable CNG/LNG as transportation fuel.
(2) Records from the other party demonstrating the date, location, and volume of renewable CNG/LNG sold or used as transportation fuel.
(3) An affidavit from each other party confirming all the following:
(i) That the volume of renewable CNG/LNG was used as transportation fuel and for no other purpose.
(ii) That the party will not separate RINs for this volume of RNG.
(iii) That the party has not provided affidavits to any other party for the purpose of complying with the requirements of this paragraph (d)(2)(ii).
(iii) The volume of RNG was only used to produce renewable CNG/LNG that is used as transportation fuel and for no other purpose.
(iv) No other party used the measurement information under paragraph (d)(2)(i) of this section or the information required under paragraph (d)(2)(ii) of this section to separate RINs for the RNG.
(v) No other party has separated RINs for the RNG using the same dispensing location during the calendar month.
(vi) The RNG RIN separator follows the applicable provisions under § 80.1429(a), (b)(10), and (c) through (e).
(3) An obligated party must not separate RINs for RNG under § 80.1429(b)(1) unless the obligated party meets the requirements in paragraph (d)(1) of this section.
(4) A party must only separate a number of RINs equal to the total volume of RNG (where the Btu LHV are converted to gallon-RINs using the conversion specified in § 80.1415(b)(5)) that the party demonstrates is used as renewable CNG/LNG under paragraph (d)(2) of this section.
(e) RIN retirement. (1) A party must retire RINs generated for RNG if any of the conditions specified in § 80.1434(a) apply and must comply with § 80.1434(b).
(2)(i) A party must retire all assigned RINs for a volume of RNG if the RINs are not separated under paragraph (d) of this section by the date the assigned RINs expire under § 80.1428(c).
(ii) A party must retire any expired RINs under paragraph (e)(2)(i) of this section by March 31 of the subsequent year. For example, if an RNG producer assigns RINs for RNG in 2025, the RINs expire if they are not separated under paragraph (d) of this section by December 31, 2026, and must be retired by March 31, 2027.
(3) A party that uses RNG for a purpose other than to produce renewable CNG/LNG (e.g., as a feedstock, as process heat under § 80.1426(f)(12), or as process energy under § 80.1426(f)(13)) must retire any assigned RINs for the volume of RNG within 5 business days of such use of the RNG.