Oil and Gas | ANP Board of Directors Decisions | July 2026

ANP begins review of rules for voluntary use of biodiesel above the mandatory blend

On July 10, 2026, ANP’s Board of Directors approved the inclusion, in the 2025-2026 Regulatory Agenda, of the process to review ANP Resolution No. 910/2022 (link), which governs prior consent for the experimental or specific use of neat biodiesel (B100) or biodiesel blends above the mandatory diesel blend percentage, known as BX diesel.

The initiative seeks to align the regulations with the changes introduced by the Future Fuel Law (Law No. 14,993/2024 (link), particularly its Article 33, which amended Article 1-C of Law No. 13,033/2014 to permit, upon notice to ANP, the voluntary addition of biodiesel to diesel oil in an amount exceeding the mandatory percentage and the voluntary use of the blend in certain cases.

The waiver covers uses in public transportation, rail transportation, inland and maritime navigation, captive fleets, equipment used in mining and electricity generation, as well as tractors and other equipment used in agricultural activities.

The Board of Directors also approved a transitional regime to enable the immediate implementation of the statutory changes while the regulatory review is underway. During this period, the Agency’s technical unit must establish procedures for receiving user notifications and publicly disclose the list of entities that complete this procedure. Users that notify ANP of the voluntary use of B100 biodiesel or BX diesel in the cases provided by law may purchase the products directly from producers, distributors, or importers authorized by ANP, subject to the other applicable regulatory requirements.

ANP establishes Special Committee to act ex officio in dispute between PPSA and Petrobras over access to pipelines and processing facilities

On July 22, 2026, ANP Ordinance No. 365, dated July 20, 2026 (link), was published, establishing a special committee to act ex officio in reviewing PPSA?s request for access to gathering and processing infrastructure operated by Petrobras. The measure follows a decision by ANP’s Board of Directors and is intended to determine whether there are disputes between the parties and any indications of anticompetitive conduct, without prejudice to the powers of the Administrative Council for Economic Defense (CADE).

The ex officio action is based on Article 16, paragraph 2, of Decree No. 10,712/2021 (link), as amended by Decree No. 12,153/2024 (link). According to ANP, the proceeding seeks to ensure effective, non-discriminatory access to the essential infrastructure required to market Union-owned natural gas.

Under the ordinance, the committee will comprise representatives of the Superintendency for Competition Defense (SDC), the Superintendency for Infrastructure and Transportation (SIM), the Superintendency for Development and Production (SDP), and the Superintendency for Fuel Production (SPC).

The committee will be coordinated by an SDP representative and will have 270 days from the effective date of the ordinance to complete its work, with the possibility of one extension of up to 90 days.

ANP approves RIA on the review of rules governing oil and natural gas flaring and losses

On July 24, 2026, ANP’s Board of Directors approved the Regulatory Impact Assessment (RIA) Report (link) concerning the review of ANP Resolution No. 806/2020 (link), which establishes procedures for controlling oil and natural gas flaring and losses in exploration and production activities. The study concluded that the regulation should be partially revised in coordination with the future specific regulation on methane emissions currently being developed by the Agency.

The primary objective of the review is to align the regulations with the guidelines established by CNPE Resolution No. 8/2024 (link), which designated the mitigation of greenhouse gas emissions from oil and natural gas exploration and production activities as a matter of interest to the National Energy Policy.

According to the report, the review seeks to reduce greenhouse gas emissions from oil and natural gas exploration and production activities, particularly through the reduction of natural gas flaring and the adoption of more efficient emissions-control technologies. The update should also expand the economic use of associated natural gas, encourage the rational and efficient use of produced gas, and promote greater harmonization among sector regulation, national energy policy, and decarbonization guidelines.

Following approval of the RIA, the technical unit will begin preparing the draft amending resolution. Under the schedule approved by ANP, the public consultation is expected to begin in November 2026, and the final regulation is expected to be approved and published by May 2027.

ANP approves regulatory evaluation and recommends discontinuing the fuel formulation activity

On July 24, 2026, ANP approved the Regulatory Outcome Assessment Report concerning ANP Resolution No. 852/2021 (link), which governs, among other matters, the formulation of gasoline and diesel fuel. The study evaluated the effects of the regulation on fuel supply, competition, product quality, and consumer protection and recommended discontinuing the activity as currently structured.

Based on the report’s conclusions, the Agency’s Board of Directors ordered the continuation of the regulatory action to amend the resolution and remove the fuel formulation activity. The measure must follow the rulemaking procedure established by law, including the preparation of a regulatory impact assessment, public consultation, and public hearing before any new regulation is approved.

According to the report, formulators’ participation in the domestic fuel supply remained limited throughout the period analyzed, reaching a peak of approximately 4% of gasoline A production. The assessment also concluded that suspension of the activity did not materially affect the country’s fuel supply.

The study also identified risks associated with the activity, including tax fraud, the sale of fuels that do not meet regulatory specifications, unfair competition, and high enforcement costs. According to ANP, irregularities identified by oversight bodies and tax authorities affected public revenues and created potential harm to consumers, the environment, and the integrity of the fuel market.

ANP publishes new resolution on biomethane specifications and quality control

On August 12, 2026, ANP Resolution No. 1,006/2026 (link) was published. Approved by ANP’s Collegiate Board on August 7, the Resolution consolidates into a single regulatory instrument the rules governing the specifications and quality control of biomethane marketed in Brazil, regardless of its source. The new regulation takes effect on August 13, 2026, and repeals ANP Resolutions No. 886/2022 (link) and No. 906/2022 (link).

The Resolution updates biomethane testing methods and quality control procedures and provides, among other measures, for (i) the possibility of ANP’s prior approval of standardized methods not expressly provided for in the regulation and, in specific circumstances, alternative non-standardized methods; (ii) monthly testing of total sulfur content, regardless of the source of the biomethane; and (iii) improvements to the rules governing risk assessments and the management of technical barriers.

The regulation also governs exceptional circumstances in which biomethane that does not fully comply with the applicable specifications may be marketed. In the case of supply to industrial consumers, commercialization may take place pursuant to a formal agreement between the parties, provided that delivery is made by transport vehicle or through a pipeline dedicated exclusively to the transportation of biomethane. The Resolution also waives compliance with the specifications where biomethane is intended exclusively for electricity generation, subject to the same transportation conditions.

For the injection of biomethane with specifications differing from those established in the regulation into a piped gas distribution network, the Resolution requires the resulting blend with natural gas to remain fully compliant with the applicable specifications. The operation also requires a formal agreement with the piped gas distributor, a statement of consent from the state regulatory agency, and ANP’s prior authorization, in addition to the submission of a technical study, simulations, and operating procedures to address any potential non-compliance. Injection may only begin after the relevant ANP authorization is published in the Federal Official Gazette.

The Resolution also establishes rules for enriching biomethane with certain hydrocarbons and transition periods for specific obligations. Producers that, on the effective date of the regulation, already market off-specification biomethane exclusively to industrial consumers must comply with the new rules by February 9, 2027. For producers of biomethane derived from landfills or wastewater treatment plants, the requirement to install a specific microorganism-retention filter will take effect on August 13, 2027.

The new regulatory framework was preceded by a Regulatory Impact Assessment and Public Consultation and Hearing No. 16/2025, held between December 2025 and March 2026.

This content is part of the Oil and Gas Newsletter for June 2026, bringing together the main sector highlights of the period. We emphasize that this material is for informational purposes only. Our team is available to provide additional information on these and other topics.