Editorial
The last quarter was a period of significant activity regarding the energy transition agenda across the biofuels, hydrogen, and carbon sectors. The ANP (National Agency of Petroleum, Natural Gas and Biofuels) held a public consultation on specifications for marine fuels, including rules for the voluntary use of renewable components. Furthermore, ANP Resolution No. 1,006/2026 was published, updating the specifications for biomethane.
In the hydrogen sector, a decree was issued to regulate the Low-Carbon Hydrogen Development Program (PHBC).
In the electricity sector, the Energy Research Office (“EPE”) published a methodology and studies focused on selecting areas for the development of offshore wind power in Brazil. Meanwhile, the National Electric Energy Agency (“ANEEL”) approved the rules for the “Energias da Floresta” (Energy for the Forest) regulatory sandbox, which targets pilot projects for energy provision in isolated regions.
Biofuels
CNPE publishes resolution prohibiting the use of imported biodiesel for the mandatory blend with diesel B
On 08/14/2026, CNPE Resolution No. 12/2026 was published, amending CNPE Resolution No. 5/2026. It establishes that all biodiesel used for the mandatory blend with diesel B must originate from a production unit authorized by the ANP and holding the Social Biofuel Seal. In practice, this provision makes it impossible to use imported biodiesel for this purpose.
CNPE Resolution No. 12/2026 can be accessed here.
In addition, on 08/14/2026, CNPE Resolution No. 11/2026 was also published, revoking CNPE Resolution No. 3/2015, which dealt with the trading and voluntary use of biodiesel, given that the topic was regulated by the Fuel of the Future Law.
CNPE Resolution No. 11/2026 can be accessed here.
ANP publishes Technical Notes on the certification of biomethane producers and importers for CGOB issuance
In August 2026, the ANP (National Agency of Petroleum, Natural Gas and Biofuels) published Technical Reports No. 04/CGOB and No. 05/CGOB, which establish the procedures and documentation required for the certification of biomethane producers and importers for the purpose of issuing a CGOB (Biomethane Origin Certification).
Technical Report No. 04/CGOB defines the minimum requirements to be followed by the Origin Certifying Agent (“ACO”) when certifying biomethane producers and importers. Producers or importers must engage an ACO accredited by the ANP; the certification process includes a mandatory on-site audit at the production facility. The assessment covers: (i) the compliance, origin, and traceability of raw materials; (ii) the efficiency of the facilities and the consistency of operational records; (iii) the suitability of measuring equipment, including valid and traceable calibration; (iv) control systems that ensure the traceability of the biomethane and prevent double counting; and (v) where applicable, the methodology for calculating carbon intensity—with certification under the RenovaBio program being sufficient to verify this.
Technical Report No. 05/CGOB provides guidance on the electronic submission of documents required for the certification process. The ACO must submit the following to the ANP: (i) a notice of engagement, stating the legal name and tax ID (CNPJ) of both the ACO and the economic agent, the date the contract was signed, and the scheduled period for the on-site audit; (ii) a report on the biomethane origin certification process, including details of the on-site audit performed, signed by the entire audit team; and (iii) a statement of responsibility and declaration regarding conflicts of interest, signed by all auditors who participated in the certification process, as well as by a representative of the economic agent.
The certification shall be valid for four years, starting from the date of approval by the ANP, and is contingent upon the annual monitoring of the certified information. The first monitoring must be conducted within two years of the process approval, and the second within three years. Renewal of the certification is mandatory whenever there is a change in the raw material used for biomethane production or in any other information that has been certified and registered in the CGOB.
These guidelines complement the Technical Reports previously published by ANP: Technical Report No. 01/CGOB (Accreditation of Origin Certification Agent), Technical Report No. 02/CGOB (Accreditation of Bookkeeper Entity), and Technical Report No. 03/CGOB (Accreditation of Registration Entity). All Reports and their updates can be accessed on the ANP portal at the following link.
ANP publishes resolution on the specification and quality control of biomethane
On 08/12/2026, ANP Resolution No. 1,006/2026 was published, establishing the specifications applicable to biomethane intended for use as vehicle fuel and in residential, industrial, and commercial facilities, as well as the quality control requirements applicable to agents engaged in its commercialization in Brazil. The regulation covers biomethane produced through the upgrading of biogas derived from landfills, wastewater treatment plants, organic waste, agricultural, forestry, livestock, agro-industrial, and commercial residues, among other renewable feedstocks, and revokes ANP Resolutions No. 886/2022 and No. 906/2022.
The commercialization of biomethane that does not comply with the specifications set forth in Annex I is prohibited, except in specific circumstances. These include the sale of biomethane to industrial consumers through transport vehicles or dedicated pipelines pursuant to a formal agreement, in which case the product may not be used as vehicle fuel (Article 27, I). The blending of biomethane with natural gas is permitted, including through injection into transportation or distribution networks, provided that the specifications established under ANP Resolution No. 982/2025 are met (Article 2). In addition, subject to prior ANP approval, an agreement with the distributor, and the consent of the relevant state regulatory authority, biomethane that does not meet the standard specification may be injected into the distribution network (Article 27, II). The resolution also permits the enrichment of biomethane to adjust its Higher Heating Value (HHV) and Wobbe Index (Article 34).
With respect to quality control, producers are required to perform the analyses set forth in Annex I on a daily basis, using sampling and online analytical methods, and to issue a certificate of quality (Article 5). For biomethane derived from landfills or wastewater treatment plants, prior ANP approval is required for the control of the parameters listed in Annex II, based on a HAZOP report prepared by an independent consultancy (Articles 15, 18, and 19). Producers must also maintain a secondary technical barrier for the removal of siloxanes, halogenated compounds, and other contaminants (Article 20). Furthermore, all biomethane produced from biogas must be equipped with a 1.0 μm filter for the retention of microorganisms (Article 31). ANP approval is not required where the product is intended exclusively for industrial consumers (Article 16), and compliance with the Annex I specification is waived when biomethane is destined solely for electricity generation purposes (Article 28).
The resolution entered into force on 08/13/2026. Producers that were already commercializing off-specification biomethane with industrial consumers have until February 9, 2027, to comply with the requirements of Article 27, I (Article 37). The requirement to install microorganism-retention filters for biomethane derived from landfills and wastewater treatment plants will become effective on 08/13/2027; until then, the quality control requirements established under ANP Resolution No. 886/2022 will remain applicable (Article 38). ANP Resolution No. 1,006/2026 is available at the following link.
Government publishes the “SAF Decree” and regulates the National Sustainable Aviation Fuel Program
On 08/13/2026, Decree No. 13,094/2026 was published, regulating the National Sustainable Aviation Fuel Program (ProBioQAV), established under the Fuel of the Future Law (Law No. 14,993/2024) to set annual decarbonization targets for the aviation sector through the use of Sustainable Aviation Fuel (SAF). The decree addresses, among other matters, the certification of producers, importers, and blending agents, the methodology for calculating greenhouse gas (GHG) emissions, the trading of SAF certificates, and the responsibilities of the National Energy Policy Council (CNPE), the ANP, and ANAC.
Producers, importers, and blending agents must ensure that SAF complies with ANP specifications and must provide the agency with quantitative and qualitative product data (Article 5). The blending agent, defined as a producer of JET A or JET A-1 fuel, a SAF producer, or a distributor authorized to carry out blending or co-processing activities, must engage a registry entity to issue the SAF Certificate (CS-SAF) in proportion to the volume commercialized (Article 6) and may trade such certificates with any air operators (Article 7). SAF emissions will be calculated using a Life Cycle Assessment (LCA) methodology (“well-to-wing”), taking into account the RenovaBio tool and the definitions established under ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Article 8).
The ANP is responsible for establishing the National SAF Certification Program, in accordance with the parameters set forth under CORSIA and RenovaBio (Article 9). The issuance of CBIOs for SAF production is prohibited in order to prevent double counting. Domestic producers may elect either the national certification framework or CORSIA certification, whereas importers must follow the CORSIA framework (Article 10). Certification will be conducted by inspection firms accredited by the ANP (Article 11 et seq.), and CS-SAF certificates will be issued by registry entities following verification of supporting documentation by the ANP. Such entities will also be responsible for maintaining electronic platforms for certificate trading and transaction registration (Article 21 et seq.).
The commercialization of SAF will be governed by ANP and ANAC regulations, and the decree expressly allows the environmental attribute to be separated from the physical product under a book-and-claim system. Once a CS-SAF certificate has been traded, the corresponding physical SAF molecule may no longer be counted toward compliance with the applicable target (Article 14). The decree also permits the use of alternative compliance mechanisms, including Lower Carbon Aviation Fuels (LCAF), CBIOs, international SAF sustainability certificates, and Verified Emission Reduction Certificates (CRVE), for up to 5% of the annual obligation. This limit is temporarily increased to 15% in 2027 and 2028 and to 10% in 2029 (Article 34 et seq.).
From a governance perspective, the CNPE will monitor compliance with the program’s targets (Article 31 et seq.), while the ANP and ANAC may conduct public calls to assess the supply of SAF and CS-SAF certificates. ANAC is responsible for establishing the methodology for calculating emissions reductions and for supervising air operators (Articles 35 and 36). Both agencies must issue the necessary implementing regulations by 12/18/2026 (Article 44). In this context, on 09/01/2026, ANAC launched Public Consultation No. 12/2026, seeking input on the criteria for annual compliance by air operators and the relevant enforcement procedures.
Hydrogen
Hydrogen Decree: Government regulates the legal framework for low-carbon hydrogen
On 08/13/2026, Decree No. 13,096/2026 was published, regulating Law No. 14,948/2024 (the Hydrogen Legal Framework) and Law No. 14,990/2024, which established the Low-Carbon Hydrogen Development Program (PHBC). The decree governs the implementation of the National Low-Carbon Hydrogen Policy, the Special Incentive Regime for Low-Carbon Hydrogen Production (Rehidro), as well as the accreditation of producers and the certification of hydrogen. The decree also designates the Management Committee of the National Hydrogen Program (Coges-PNH2), coordinated by the Ministry of Mines and Energy, as the advisory body supporting the CNPE and responsible, among other duties, for coordinating the National Hydrogen Program (PNH2) and establishing guidelines for Rehidro and the PHBC (Articles 4 to 6).
The production of hydrogen, its derivatives, and carriers is subject to ANP authorization (Article 8), except for R&D projects, self-consumption, use as an industrial feedstock, or other non-energy applications, for which registration is required instead (Article 9). Existing facilities have a two-year period to apply for the required authorization (Article 8, sole paragraph). Natural hydrogen exploration and production activities will be carried out under concession agreements regulated by the ANP, which may include natural hydrogen in future oil and natural gas licensing rounds and, upon the operator’s request, in existing concession agreements (Articles 11 to 14). Producers must also comply with the accident risk management requirements established by the ANP and applicable environmental licensing regulations (Articles 16 to 18).
In addition, the Brazilian Hydrogen Certification System (SBCH2) comprises the Coges-PNH2, the ANP, Inmetro, and the CCEE, the latter acting as the manager of certificate records (Article 19). Certification will be conducted by entities accredited by Inmetro (Article 20), and the greenhouse gas (GHG) emissions intensity of hydrogen will be calculated based on a life-cycle assessment (LCA) methodology, in accordance with ANP regulations (Article 21). Until 12/31/2030, the assessment must cover the entire production chain, from raw material extraction to the production gate (Article 22). Certificates must be recorded in a national database to ensure traceability and prevent double counting (Articles 26 and 27). Until a specific accreditation framework is available, the ANP may designate certifiers accredited under similar scopes (Article 64).
Under Rehidro, PIS/PASEP and COFINS contributions, including those levied on imports, are suspended for goods, construction materials, services, and lease transactions related to approved low-carbon hydrogen projects, provided the relevant agreements are executed between the date of accreditation and 12/31/2026 (Articles 29 and 30). The suspension is converted into a zero rate once the relevant goods or services are effectively incorporated into the project, and all applicable requirements have been satisfied. Failure to meet such requirements will result in the collection of the suspended taxes, together with penalties and interest (Article 31). Eligibility for the regime requires prior accreditation, either as a producer (accreditation) or as a project within the hydrogen value chain, such as transportation, storage, or renewable generation projects (co-accreditation), initially granted by the Ministry of Mines and Energy and subsequently confirmed by the Brazilian Federal Revenue Service (Articles 33 and 34). Participants must also commit at least 1% of investment expenditures to energy transition projects (Article 35), 1% to R&D activities, and comply with local content requirements ranging from 15% to 60%, depending on the applicable production system (Article 37). Approved projects are deemed priority projects for purposes of issuing incentivized debentures (Article 32).
With respect to the PHBC, tax credits may be granted between 2030 and 2034 through a competitive process conducted by the Ministry of Finance, with the relevant bid notice subject to public consultation. Priority will be given to self-consumption hydrogen projects in the fertilizer, steel, cement, chemical, petrochemical, and heavy transportation sectors (Articles 52 and 53). Participation in the process requires the provision of guarantees in favor of the National Treasury Secretariat, and successful applicants must provide additional guarantees corresponding to up to 10% of the awarded tax credit (Articles 55 to 57). As a transitional measure, until the implementing regulations are issued, the ANP will be responsible for processing preliminary accreditation and co-accreditation applications under Rehidro (Article 51).
EPE Publishes Technical Note on Hydrogen Transportation Through Gas Pipelines
On 09/30/2026, EPE published Technical Note EPE/DPG/SPG/004/2026, which assesses the feasibility of transporting hydrogen through natural gas infrastructure, considering both hydrogen-natural gas blending and the transportation of pure hydrogen.
From a technical perspective, the document highlights that hydrogen has significantly different characteristics from natural gas, including lower density, lower volumetric energy content, higher diffusivity, and a broader flammability range. As a result, introducing hydrogen into existing gas networks may reduce the amount of energy transported per unit volume, require higher flow rates to deliver the same energy output, and increase compression requirements throughout the system.
The study compiles the experience of several countries that have implemented projects involving hydrogen blending in natural gas networks at concentrations of up to 20%. Blending reduces the partial pressure of hydrogen in the pipelines, thereby mitigating structural degradation when compared to the transportation of pure hydrogen. In addition, the report notes the existence of projects involving the full conversion of assets originally designed for natural gas transportation to enable the transportation of pure hydrogen, subject to compliance with the specific technical requirements applicable to hydrogen.
The study concludes that hydrogen transportation through pipelines may represent an efficient means of accelerating the development of Brazil’s hydrogen market by reducing initial infrastructure investments. However, it emphasizes that the implementation of such systems depends on detailed technical assessments, as well as the adoption of appropriate regulatory and operational adjustments.
Carbon Capture
Decree regulates the activities of capture, storage and utilization of carbon (CCS/CCUS)
On 08/13/2026, Decree No. 13,095/2026 was published, regulating Articles 26 through 29 of Law No. 14,993/2024 (Fuel of the Future Law) and establishing the legal framework for carbon dioxide (CO₂) capture, pipeline transportation, and geological storage activities in Brazil. The decree applies not only to future projects but also to projects initiated prior to its publication (Article 12). It recognizes six technological pathways: BECCS (Bioenergy with Carbon Capture and Storage), BECCUS (Bioenergy with Carbon Capture, Utilization and Storage), CCS (Carbon Capture and Storage), CCUS (Carbon Capture, Utilization and Storage), DACCS (Direct Air Carbon Capture and Storage), and DACCUS (Direct Air Carbon Capture, Utilization and Storage), while authorizing the ANP to recognize additional technologies (Article 4).
Among the key principles introduced by the decree are the promotion of environmental and operational safety, support for industrial decarbonization, assurance of the traceability, additionality, and permanence of emissions reductions and removals, encouragement of multi-user hubs and shared infrastructure, and the planning of CO₂ pipeline corridors, with priority given to the repurposing of existing natural gas pipelines (Article 2). “Permanence” is defined as the retention of carbon for at least 50 years or its irreversible mineral trapping (Article 3, IV). The Ministry of Mines and Energy (MME), with support from the Energy Research Office (EPE), will prepare an indicative infrastructure plan for these activities, to be reviewed every two years (Article 6).
The ANP is responsible for authorizing, regulating, and supervising carbon capture, transportation, and storage activities and may require financial guarantees at all stages of a project, without prejudice to applicable environmental licensing requirements (Article 7). The agency is also tasked with regulating shared infrastructure models based on principles of open access and non-discriminatory treatment (Article 10). Geological storage projects associated with Enhanced Oil Recovery (EOR) are subject to ANP approval of the relevant development plans (Article 7, §3), and storage authorizations may encompass both the appraisal and evaluation phase and the operational phase (Article 8). Where multiple parties express interest in the same storage block, ANP prioritization criteria will apply, and the MME will determine the preferred use of the area (Article 9). Geological storage activities may also be recognized within the Brazilian Greenhouse Gas Emissions Trading System (SBCE) established under Law No. 15,042/2024 (Article 5).
Termination of a geological storage authorization is contingent upon demonstrating the long-term stability of the stored CO₂ plume and associated pressure front, based on a monitoring period of 20 years following the end of injection operations. This period may be reduced if supported by long-term geological modeling covering at least 50 years, or extended through the implementation of a new monitoring plan should the applicable requirements not be satisfied (Article 11, §§1, 2, and 5). The closure of a storage site does not release the operator, or its successors, from liability for any damages arising from the storage activity, including environmental damage and third-party claims (Article 11, §4). The ANP is authorized to establish additional grounds for the termination of storage authorizations (Article 11, §6).
Power Sector
EPE publishes area-selection methodology and assesses Brazil’s offshore wind potential
In July, the EPE published the final version of its methodology for selecting areas intended for offshore wind power generation in Brazil. Prepared under the coordination of the MME, the document is intended to support the granting authority in determining the location of areas that may be included in planned or permanent offering procedures, under Law No. 15,097/2025 and Resolution No. 1/2026 of the National Energy Policy Council (“CNPE”). At this stage, the methodology does not identify the specific areas to be offered.
The methodology was developed based on national and international references and experience. The procedure comprises three stages:
i. the first excludes areas subject to legal or technological constraints and identifies potential regions;
ii. the second applies technological and economic restrictions and considers areas of extreme socio-environmental sensitivity to define areas of interest; and
iii. the third prioritizes these areas based on energy, economic, logistical, environmental, and social criteria, with a view to identifying the sectors to be offered.
In August, EPE published a complementary study analyzing the behavior of Brazil’s offshore wind resource. The analysis identified three areas with high potential: between the states of Piauí and Rio Grande do Norte, off the coast of Rio de Janeiro, and between southern Santa Catarina and Rio Grande do Sul. The study also describes daily and seasonal wind patterns and makes the results available through an interactive dashboard to support energy planning and further studies on this energy source.
The methodology and the wind resource assessment form part of Brazil’s offshore wind power planning and are expected to guide the selection of areas that may be included in future offering procedures.
Acess the documents: Methodology for Selecting Areas to Be Offered for Offshore Wind Power Generation and Technical Note on the Assessment of Offshore Wind Resources.
ANEEL approves regulatory environment to expand access to electricity in isolated regions
On September 15, ANEEL approved the rules for the “Forest Energy” Regulatory Sandbox, a temporary and supervised environment for developing pilot projects for the supply of electricity. The initiative prioritizes isolated and remote regions in the Legal Amazon but also allows projects in other locations affected by socioeconomic and energy vulnerability.
The projects may test decentralized generation and storage systems, billing and tariff arrangements adapted to local communities, collective and productive uses of electricity, and community-based management models. The regulatory environment will also enable the assessment of increases in the capacity of individual generation systems and isolated microgrids, their transition to conventional distribution systems, and the potential inclusion of assets implemented by communities or other stakeholders in the distribution companies’ regulatory remuneration base.
The rules provide that projects may be financed with funds from ANEEL’s Research, Development, and Innovation Program (“PDI”), with the possibility of supplementary funding from implementing entities, philanthropic institutions, development banks, and other government programs. Implementation will require authorization from ANEEL and must comply with criteria relating to feasibility, innovation, cost reduction, the strengthening of local capabilities, and potential replicability.
The sandbox will operate through a collaborative governance structure to be established by a specific ANEEL act. This structure will support the selection, coordination, and monitoring of projects and consolidate their results to inform future regulatory decisions. The approved regulations resulted from ANEEL Public Consultation No. 2/2026.