---
kind: "section"
citation: "40 C.F.R. § 80.105"
title: "40"
number: "80.105"
heading: "Biogas producers."
url: "https://uscodex.org/cfr/40/80.105"
---

# §80.105. Biogas producers.

- (a) **General requirements.**
  - (1) Any biogas producer that produces biogas for use to produce RNG or a biogas-derived renewable fuel, or that produces biogas used as a biointermediate, must comply with the requirements of this section.
  - (2) The biogas producer must also comply with all other applicable requirements of this part and [40 CFR part 1090](/cfr/40/part1090.md).
  - (3) If the biogas producer meets the definition of more than one type of regulated party under this part or [40 CFR part 1090](/cfr/40/part1090.md), the biogas producer must comply with the requirements applicable to each of those types of regulated parties.
  - (4) The biogas producer must comply with all applicable requirements of this part, regardless of whether the requirements are identified in this section.
- (b) **Registration.** The biogas producer must register with EPA under §§ [80.135](/cfr/40/80.135.md), [80.1450](/cfr/40/80.1450.md), and [40 CFR part 1090](/cfr/40/part1090.md), [subpart I](/cfr/40/subpartI.md), as applicable.
- (c) **Reporting.** The biogas producer must submit reports to EPA under §§ [80.140](/cfr/40/80.140.md) and [80.1451](/cfr/40/80.1451.md), as applicable.
- (d) **Recordkeeping.** The biogas producer must create and maintain records under §§ [80.145](/cfr/40/80.145.md) and [80.1454](/cfr/40/80.1454.md).
- (e) **PTDs.** On each occasion when the biogas producer transfers title of any biogas, the transferor must provide to the transferee PTDs under [§ 80.150](/cfr/40/80.150.md).
- (f) **Sampling, testing, and measurement.**
  - (1) All sampling, testing, and measurements must be done in accordance with [§ 80.155](/cfr/40/80.155.md).
  - (2)
    - (i) A biogas producer must measure the volume of biogas, in Btu HHV, prior to converting biogas to any of the following:
      - (A) **RNG.**
      - (B) **Treated biogas.**
      - (C) **Biointermediate.**
      - (D) **Biogas-derived renewable fuel.**
      - (E) Process heat or energy under § [80.1426(f)(12)](/cfr/40/80.1426.md?p=f-12) or [(13)](/cfr/40/80.1426.md?p=f-13).
    - (ii) Except for biogas produced from a mixed digester, a biogas producer must measure the volume of biogas, in Btu HHV, for each batch pathway prior to mixing with biogas produced under a different batch pathway or with non-qualifying gas.
    - (iii) For biogas produced from a mixed digester, a biogas producer must do all the following for each mixed digester:
      - (A) **Measure the volume of biogas, in Btu HHV, prior to mixing with any other gas.**
      - (B) **Measure the daily mass of the cellulosic biogas feedstock, in pounds, added to the mixed digester.**
      - (C) Collect a daily representative sample of each cellulosic biogas feedstock and test for total solids and volatile solids as specified in [§ 80.155(c)](/cfr/40/80.155.md?p=c).
      - (D) Measure and calculate the digester operating conditions as specified in [§ 80.155(d)](/cfr/40/80.155.md?p=d).
    - (iv) A biogas producer must measure each volume of gas containing biogas, in Btu HHV, that leaves the facility.
- (g) **Foreign biogas producer requirements.** A foreign biogas producer must meet all the requirements that apply to a biogas producer under this part, as well as the additional requirements for foreign biogas producers specified in [§ 80.160](/cfr/40/80.160.md).
- (h) **Attest engagements.** The biogas producer must submit annual attest engagement reports to EPA under §§ [80.165](/cfr/40/80.165.md) and [80.1464](/cfr/40/80.1464.md) using procedures specified in 40 CFR [1090.1800](/cfr/40/1090.1800.md) and [1090.1805](/cfr/40/1090.1805.md).
- (i) **QAP.** Prior to the generation of Q-RINs for a biogas-derived renewable fuel, the biogas producer must meet all applicable requirements specified in [§ 80.170](/cfr/40/80.170.md).
- (j) **Batches.**
  - (1) Except for biogas produced from a mixed digester, the batch volume of biogas is the volume of biogas measured under [paragraph (f)](#f) of this section for a single batch pathway at a single facility for up to a calendar month, in Btu HHV.
  - (2) For biogas produced from a mixed digester, the batch volume of biogas must be calculated as follows:
    - (i) The batch volume of biogas produced under an approved pathway with a D code of 5 must be calculated as follows:
    - (ii) The batch volume of biogas produced under an approved pathway with a D code of 3 or 7 must be calculated as follows:
    - (iii) The biogas energy value for each cellulosic biogas feedstock must be calculated as follows:
    - (iv) Biogas producers must use one of the following cellulosic conversion factors, as applicable:
      - (A) **Swine manure—** 1,936 Btu HHV/lb.
      - (B) **Bovine manure—** 2,077 Btu HHV/lb.
      - (C) **Chicken manure—** 3,001 Btu HHV/lb.
      - (D) **Municipal wastewater treatment sludge—** 3,479 Btu HHV/lb.
      - (E) A cellulosic conversion factor accepted at registration under [§ 80.135(c)(10)(vi)](/cfr/40/80.135.md?p=c-10-vi).
    - (v) Applicable operating conditions for the cellulosic converted fractions specified in [paragraph (j)(2)(iv)](#j-2-iv) of this section are the following:
      - (A) For the cellulosic converted fraction values specified in [paragraphs (j)(2)(iv)(A) through (D)](#j-2-iv-A..j-2-iv-D) of this section, the mixed digester must continuously operate above 95 degrees Fahrenheit with hydraulic and solids mean residence times greater than 20 days.
      - (B) For the cellulosic converted fraction value specified in [paragraph (j)(2)(iv)(E)](#j-2-iv-E) of this section, the mixed digester must operate according to the conditions accepted at registration under [§ 80.135(c)(10)(vi)(A)(4)](/cfr/40/80.135.md?p=c-10-vi-A-4).
  - (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.
- (k) **Limitations.**
  - (1) For each biogas production facility, the biogas producer must only supply biogas for only one of the following uses:
    - (i) **Production of renewable CNG/LNG via a biogas closed distribution system.**
    - (ii) **As a biointermediate via a biogas closed distribution system.**
    - (iii) **Production of RNG.**
  - (2) For each biogas production facility producing biogas for use as a biointermediate in a biogas closed distribution system, the biogas producer must only supply biogas or treated biogas to a single renewable fuel production facility.
  - (3) If the biogas producer operates a municipal wastewater treatment facility digester, the biogas producer must not introduce any feedstocks into that digester that do not contain at least 75% average adjusted cellulosic content.
  - (4) The transfer and batch segregation limits specified in [§ 80.1476(g)](/cfr/40/80.1476.md?p=g) do not apply.

## Notes

### Amendments

[88 FR 44564, July 12, 2023, as amended at 90 FR 12114, Mar. 14, 2025; 91 FR 16485, Apr. 1, 2026]

### Source

Source: 88 FR 44564, July 12, 2023, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

### Source

Source: 38 FR 1255, Jan. 10, 1973, unless otherwise noted.

### Amendments

[88 FR 44564, July 12, 2023, as amended at 90 FR 12114, Mar. 14, 2025; 91 FR 16485, Apr. 1, 2026]