II. Special Conditions
Biogas means quantities of methane, measured in MMBtu, that:
| ||i. || |
meet the qualifications for D3 Renewable Identification Numbers (cellulosic biofuel) under the EPAs RFS regulations as of the Effective Date;
| ||ii. || |
meet the definition of biogas or biomethane as defined by the RFS; and
| ||iii. || |
meet the common carrier pipeline gas quality specifications as provided by the local utility or transmission company for the applicable Delivery Point.
Biogas Price shall have the meaning as described in the Contract Price section above.
Biogas Supply Source means the Rumpke Sanitary Landfill.
Calendar Quarter means the periods, January 1 through March 31, April 1 through June 30, July 1 through September 30 and October 1 through December 31.
CARB means the California Air Resources Board or its successor.
CFP means any state or regional clean fuels program applicable to the Biogas subject to this Transaction Confirmation or that shall become applicable to such Biogas.
EMTS means the EPA Moderated Transaction System for RINs,
Green Attributes means any and all environmental attributes, credits, benefits, emission reductions, offsets, and allowances, howsoever entitled, attributable to the characteristics, production, use or combustion of the Biogas or its displacement or reduction in the use of conventional energy generation, greenhouse gas emissions, pollutants or transportation fuel, including, without limitation, RINs under the RFS, renewable energy certificates and credits under state low carbon fuel programs such as the LCFS or a CFP. Green Attributes shall not include any existing or future tax credits, depreciation deductions and depreciation benefits, or other tax benefits arising from ownership of the Biogas Supply Source or from the production of Biogas.
Low Carbon Fuel Standard or LCFS means the California Low Carbon Fuel Standard as set forth in Section 95484 of Title 17 of the California Code of Regulations, as amended or supplemented and administered by CARB as of a given date.
LCFS Credits means credits generated under the LCFS or a CFP, as may be applicable.
Quality Assurance Plan or QAP means the voluntary program provided by an independent third-party auditor to verify that the RINs generated by a renewable fuel producer or importer are valid and in compliance pursuant to § 40 C.F.R. 80.1469.
Q-RIN means a RIN verified by a registered independent third-party auditor using a QAP that has been approved under 40 C.F.R. § 80.1469(c) following the audit process described in 40 C.F.R. § 80.1472.
Qualified Facility means a facility that meet the eligibility standards for Registration.
Registration means registration of the Biogas Supply Source, Qualified Facilities, parties, Biogas, or pathways, as applicable, with the EPA, CARB or other governmental or certifying entity, as applicable, such that the Biogas produced from the Biogas Supply Source becomes RIN-eligible or LCFS Credit-eligible, as applicable.
- 3 -