The biogas reform clock is ticking as Oct. 1 is the deadline to re-register existing facilities to ensure continuous renewable identification number (RIN) credits generation in 2025.The new urgency all started back in June of 2023, when the U.S. EPA released the Renewable Fuel Standard “Set Rule”, which granted the agency authority to set renewable volume obligations (RVOs) for the three years covering 2023, 2024, and 2025. This marked a departure from the historical Congress-mandated schedule and the previous retrospective adjustments based on adjustments based on market-generated RIN credits.&nbsp;Included in the EPA’s RFS Set Rule were impactful provisions for renewable natural gas (RNG), referred to as the Biogas Regulatory Reform Rule (BRRR). Critical developments included the adoption of a methodology that permits the co-digestion of D3 cellulosic and D5 advanced biofuel feedstocks while maintaining a conservative attribution of D3 RINs to the respective content.&nbsp;BRRR registration, compliance timelineThe new BRRR rule went into effect on Sept. 11, 2023, with the pathway re-registration portal opening in April 2024. The deadline for facilities under construction to register under the old rules was July 1, 2024, followed by the Oct. 1, 2024, deadline for all existing facilities to re-register to allow for continued RIN generation starting Jan. 1, 2025.The BRRR provisions&nbsp;<a href="https://www.epa.gov/system/files/documents/2024-02/420b24014.pdf">mandated</a> a comprehensive re-registration process and timeline for all existing RNG projects, which impacts planned, in-construction, and operational RNG assets. Though the BRRR amendments were covered extensively in the RFS Set Rule, industry stakeholders noted a lack of clarity and the need for the USEPA to provide further guidance on how these changes would need to be implemented.The new BRRR timelines also introduce a shift in the registration framework, where each entity in the RNG production and distribution chain will have individual registration and compliance responsibilities with the USEPA, moving away from the previous model of a single pathway registrant responsible for the entire process. This disaggregation is expected to enhance transparency and data integrity, reducing the risk of data manipulation. Therefore, it is critical RNG project developers be proactive in engaging with their third-party engineers and the USEPA now to ensure compliance and registrations are completed promptly. Non-compliance could mean a significant loss of RIN revenues if registrations are delayed.&nbsp;&nbsp;BRRR compliance: Biogas metering needed for tracking accuracyIn response to the significant influx of questions from stakeholders, the USEPA held two webinars: the first in December 2023 and the second in April 2024. The webinars were aimed at providing additional clarity and the agency fielded questions on the BRRR program implementation. Documentation from the USEPA’s webinars can be found&nbsp;<a href="https://www.epa.gov/renewable-fuel-standard-program/rfs-set-rule-implementation-webinars">here</a>.&nbsp;The most notable takeaway from the December 2023 webinar was clarity on how the USEPA would treat book-and-claim, which came into question due to language used in the RFS Set Rule. The USEPA confirmed that there was no intent to change the approach on book-and-claim through BRRR, much to the relief of many stakeholders. Among the most notable takeaways from the April 2024 webinar was the implementation process and timeline for the implementation of the BRRR through the end of 2024. The USEPA had said it would work to re-register existing RNG facilities between July and October and require all new facilities to be compliant with the BRRR by January 1, 2025.In the respective webinars, the USEPA shared that alterations in metering and data collection requirements during RNG production were included to enhance the granularity and timing of data collection to prevent potential issues such as double-counting. To comply with these requirements, EcoEngineers (Eco) believes that most existing RNG facilities will need to submit an Alternative Measurement Protocol (AMP) with their registration. The AMP will demonstrate how the facility is measuring and metering the gas flows to provide the necessary data within the BRRR if all meters do not meet the published specifications per&nbsp;<a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-80/subpart-E#p-80.155(a)">40 CFR 80.155</a>. Facilities should start drafting these plans now to be submitted with their registration packages. By way of allowing an AMP, the USEPA is seemingly opening the door for all existing projects, and projects that begin construction before July 1, 2024, to not have to follow the metering and monitoring requirements if they can demonstrate “high installation costs” or “physical difficulty” installing the new equipment. Registrants must demonstrate through the AMPs how their current system meets or exceeds the requirements outlined in the RFS Set Rule.&nbsp;Additionally, RNG facilities will need to provide information in the RIN generation protocols outlining data substitution methodologies in the event data is not collected from an out-of-service or failed piece of metering equipment, which often occurs at some point in a facility’s operation. Biogas and RNG producers should begin work on these plans now to understand how they may affect other programs they participate in like California’s Low Carbon Fuel Standard (LCFS) and other similar state-level programs.The amendments aim to streamline the RIN generation process for RNG to resemble more closely that of liquid fuels, aligning processes across different fuel types. The USEPA has detailed more stringent entity registration requirements within the USEPA’s Electronic Moderated Transaction System (EMTS) and delineated roles for RIN generators and RIN separators, introducing a paradigm shift in the management of RIN pathways.SummaryIn summary, the above regulatory updates to BRRR signify a major overhaul in the USEPA’s administration of the RFS program, with particular consequences for the RNG industry. By dividing responsibilities and increasing data rigor, the USEPA seeks to foster a more robust and transparent RFS marketplace.Our team is ready to assist you in working through your questions and issues to successfully comply and register with the BRRR implementation.About EcoEngineersEcoEngineers is a consulting, auditing, and advisory firm with an exclusive focus on the energy transition. From innovation to impact, we help you navigate the disruption caused by carbon emissions and climate change. We help you stay informed, measure emissions, make investment decisions, maintain compliance, and manage data through the lens of carbon accounting. Our team of engineers, scientists, auditors, consultants, and researchers live and work at the intersection of low-carbon fuel policy, innovative technologies, and the carbon marketplace. Eco was established in 2009 to steer low-carbon fuel producers through the complexities of emerging energy regulations in the United States. Today, our global team is shaping the response to climate change by advising businesses across the energy transition.Together, we can create a world where clean energy fuels a healthy planet.About the expertDave Lindenmuth is the Managing Director of RNG services at EcoEngineers. Mr. Lindenmuth has more than 20 years of experience in the energy industry working in natural gas, power generation, and renewables. Mr. Lindenmuth’s roles have included renewable project development, corporate business development and acquisitions, sales and marketing, and plant operations. As the Managing Director of RNG services, Mr. Lindenmuth collaborates with client’s business strategies, organizational development, and compliance readiness. He assists in navigating the numerous regulations and markets associated with the RNG markets.For more information about the BRRR timeline, compliance and registration requirements, or Eco’s RNG services, contact:&nbsp;Dave Lindenmuth, Managing Director, RNG&nbsp;|&nbsp;<a href="mailto:dlindenmuth@ecoengineers.us">dlindenmuth@ecoengineers.us</a>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;

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The biogas reform clock is ticking as Oct. 1 is the deadline to re-register existing facilities to ensure continuous renewable identification number (RIN) credits generation under the Renewable Fuel Standard in 2025.

Biogas Regulatory Reform Rule (BRRR): The time to act is now

Biogas Regulatory Reform Rule (BRRR): The time to act is now

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