California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 5 - Standards for Motor Vehicle Fuels › Article 3 - Specifications for Alternative Motor Vehicle Fuels › Subarticle 2 - Commercialization of Alternative Diesel Fuels › Appendix 1 of Subarticle 2 - In-Use Requirements for Pollutant Emissions Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person subject to the Stage 3A in-use requirements
						(section 2293.6) may meet the in-use
						requirements imposed above the Pollutant Control Trigger Level by implementing
						any of the following in-use requirements as applicable, either alone or in
						combination:
Additives or ADF formulations approved for NOx emission
						control purposes pursuant to section (a)(1) of this appendix, additives or ADF
						formulations certified as emissions equivalent to CARB Diesel or better
						pursuant to section (a)(2) of this appendix, or other options certified by the
						Executive Officer for this purpose.
(a) Biodiesel:
(1) Approved Emissions Equivalent Additives and ADF
						Formulations:
The following list shows the additive and required
						amounts by saturation and blend level, as well as approved blends for
						Alternative Diesel Fuel formulations:
(A) Di-tert-butyl peroxide (DTBP): Biodiesel blends above
						the NOx emission control trigger level that contain DTBP by volume in the
						amounts specified in the table below meet the in-use requirements for
						biodiesel.
Table A.5: DTBP NOx Control Blend
						Level
Biodiesel Saturation Level of blend) 
								*
Biodiesel Blend Level
Required level of DTBP (volume
								percent
Low Saturation
>B5 to B10
0.5 minimum
B10 to <B15
0.75 minimum
B15 to B20
1.0 minimum
High Saturation
B10 to <B15
0.25 minimum
B15 to B20
0.5 minimum
* The U.S. Environmental Protection Agency regulates the
						use of DTBP and other diesel additives under 40 Code of Federal Regulation part
						79. Use of DTBP must comply with all federal requirements and limitations,
						including blend volume limits specified on product labeling.
(B) Approved ADF Formulations
1. Renewable hydrocarbon diesel formulation 1: Blends
						consisting solely of renewable hydrocarbon diesel at not less than 75 percent
						by volume, biodiesel, and CARB diesel, where the total biodiesel content of the
						blend does not exceed 20 percent by volume.
2. Renewable hydrocarbon diesel formulation 2: Blends
						consisting solely of renewable hydrocarbon diesel at not less than 55 percent
						by volume, biodiesel, and CARB diesel, where the total biodiesel content of the
						blend does not exceed 20 percent by volume.
(2) Certification of Alternative Diesel Fuels or
						Additives Resulting in Emissions Equivalence with Diesel
(A) Upon application of any producer or importer, the
						Executive Officer may certify alternative diesel fuel formulations or additives
						in accordance with (a)(2) of this appendix.
1. The applicant shall initially submit a proposed test
						protocol to the Executive Officer. The proposed test protocol shall
						include:
a. The identities and attestations of independence of the
						entities proposed to conduct and the entities proposed to observe and verify
						the tests described in (a)(2)(F) of this appendix;
b. Test procedures consistent with the requirements of
						(a)(2) of this appendix;
c. Product sources of the biodiesel additive
						certification fuel, Diesel Test Fuels, and other fuel blending components
						including ADF formulation components such as renewable hydrocarbon diesel, and
						additives, blending verification reports, and test data for the results of
						analyses of all fuel blending components, additives, and test fuels, sent by
						each emissions test facility to the same independent laboratory, showing that
						the proposed biodiesel additive certification fuel and Diesel Test Fuels
						satisfy the specifications identified in (a)(2)(D) and (a)(2)(E) of this
						appendix;
d. Reasonably adequate quality assurance and quality
						control procedures;
e. Notification of any outlier identification and
						exclusion procedure that will be used, and a demonstration that any such
						procedure meets generally accepted statistical principles; and
f. Demonstration that use of the proposed ADF additive or
						formulation to mitigate NOx emissions is based on sound principles of science
						and engineering. Such a basis may be demonstrated with data from peer-reviewed
						journal articles or a description of the proposed chemical mechanism of
						pollutant reduction during combustion along with preliminary test data and
						independent academic analysis.
2. Within 20 business days of receipt of a proposed test
						protocol, the Executive Officer shall advise the applicant in writing either
						that it is complete or that specified additional information is required to
						make it complete. Within 15 business days of submittal of additional
						information, the Executive Officer shall advise the applicant in writing either
						that the information submitted makes the proposed test protocol complete or
						that specified additional information is still required to make it complete.
						Within 20 business days after the proposed test protocol is deemed complete,
						the Executive Officer shall either approve the test protocol as consistent with
						(a)(2) of this appendix or advise the applicant in writing of the changes
						necessary to make the test protocol consistent with (a)(2) of this appendix.
						Any notification of approval of the test protocol shall include the name,
						telephone number, and address of the Executive Officer's designee to receive
						notifications pursuant to (a)(2)(F) of this appendix, and the address of the
						California Air Resources Board facility to which retained test fuel, additive,
						and blending component samples shall be shipped. After the test protocol has
						been approved by the Executive Officer, and before the beginning of any
						emissions testing, each emissions test facility shall ship to the California
						Air Resources Board retained samples of all test fuels, additives, and blending
						components, identical in composition and volume to the samples sent to the
						independent laboratory for analyses. The emission tests shall not be conducted
						until the Executive Officer has notified the applicant in writing that the
						retained samples have been received by the California Air Resources Board
						facility.
3. Upon completion of the tests, the applicant may submit
						an application for certification to the Executive Officer. The application
						shall include the approved test protocol, all of the test data, a copy of each
						complete test log prepared in accordance with (a)(2)(F) of this appendix,
						demonstrations that the candidate fuels meet the requirements for certification
						set forth in (a)(2)(C) of this appendix, verification reports by independent,
						state-licensed professional engineers describing the observation that they
						undertook and any ways in which the testing or blending deviated from the
						requirements of this appendix, and such other information as the Executive
						Officer may reasonably require.
4. Within 20 business days of receipt of an application,
						the Executive Officer shall advise the applicant in writing either that it is
						complete or that specified additional information is required to make it
						complete. Within 15 business days of submittal of additional information, the
						Executive Officer shall advise the applicant in writing either that the
						information submitted makes the application complete or that specified
						additional information is still required to make it complete. Within 20
						business days after the application is deemed complete, the Executive Officer
						shall grant or deny the application. Any denial shall be accompanied by a
						written statement of the reasons for denial.
(B) The candidate fuels.
The biodiesel additive certification fuel, Diesel Test
						Fuels, additives, and any other candidate fuel blending components, including
						ADF formulation components such as renewable hydrocarbon diesel, shall be
						shipped directly from their product source facilities to each emissions test
						facility for analysis, blending, and emission testing. Each emissions test
						facility shall ship samples of each biodiesel additive certification fuel and
						diesel test fuel to the same independent laboratory for analysis. Each
						candidate fuel and each component of each candidate fuel shall be analyzed for
						composition and properties as required under (a)(2)(B)1, (B)2, (C), (D), and
						(E) of this appendix by the same independent laboratory, separately for each
						emissions test facility. The biodiesel additive certification fuel, Diesel Test
						Fuels, additives, and other candidate fuel blending components shall be
						analyzed to determine compliance with applicable specifications before the
						blending of the candidate fuels. Each candidate fuel shall be blended at the
						test facility where it will undergo emissions testing, and the blending shall
						be observed by an independent, state-licensed professional engineer.
						Verification of the candidate fuel blending shall be submitted with the
						analysis results for each candidate fuel and each candidate fuel component
						along with the proposed test protocol. The candidate fuels to be used in the
						comparative testing described in (a)(2)(F) of this appendix shall be one of the
						following:
1. ADF formulation: The candidate fuels shall be the same
						fuel blendstock or fuel blend that the applicant is attempting to certify.
						Results of each analysis of the fuel blendstock or fuel blend for properties
						and composition by the independent laboratory shall be provided with the
						proposed test protocol. If the applicant is attempting to certify a fuel blend
						such as a biodiesel with a heightened fuel specification or biodiesel produced
						utilizing a specified production technology, that blend shall consist of the
						fuel blendstock blended to 20 percent with the Reference CARB Diesel for two
						emission tests and with the Designated Equivalent Limits Diesel for the third
						test. The applicant shall report all of the candidate fuel properties under
						(a)(2)(C) of this appendix for each candidate fuel sent by each emissions test
						facility to the independent laboratory.
2. Biodiesel additives: The candidate fuels shall be a
						mixture of the additive to be certified at the concentration specified by the
						applicant and the biodiesel additive certification fuel blendstock specified in
						(a)(2)(D) of this appendix. Results of each chemical analysis of the additive
						formulation by the independent laboratory shall be provided with the proposed
						test protocol. If the additive to be certified is meant to be used in B20 fuel
						blends, the candidate fuels shall be a mixture of the additive to be certified
						at the concentration specified by the applicant and the biodiesel additive
						certification fuel specified in (a)(2)(D) of this appendix blended to 20 volume
						percent biodiesel content with the Reference CARB Diesel for two emission tests
						and with the Designated Equivalent Limits Diesel for the third test. The
						applicant shall report all of the candidate fuel properties under (a)(2)(C) of
						this appendix for the certification fuel without the additive, and each
						candidate fuel sent by each emissions test facility to the independent
						laboratory.
(C) Candidate fuel properties.
1. The applicant shall report all of the properties
						listed below for each candidate fuel. Each candidate fuel shall be
						representative of the fuel that the applicant will produce commercially and
						shall not contain streams or feedstocks that will not be used in the commercial
						fuel that the applicant intends to sell. If the Executive Officer determines
						that a candidate fuel contains streams or feedstocks that will not be used in
						the commercial fuel, this will be grounds for rejection of the
						application.
2. The following documents are incorporated by
						reference:
a. ASTM D5186-03, "Standard Test Method for Determination
						of the Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels and
						Aviation Turbine Fuels by Supercritical Fluid Chromatography (2009)."
b. ASTM D4629-12, "Standard Test Method for Trace
						Nitrogen in Liquid Petroleum Hydrocarbons by Syringe/Inlet Oxidative Combustion
						and Chemiluminescence Detection (2012)."
c. ASTM D445-14e2, "Standard Test Method for Kinematic
						Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic
						Viscosity) (2014)."
d. ASTM D93-13e1, "Standard Test Methods for Flash Point
						by Pensky-Martens Closed Cup Tester (2013)."
e. ASTM D86-12, "Standard Test Method for Distillation of
						Petroleum Products at Atmospheric Pressure (2012)."
f. EN 14103:2011, "Fat and oil derivatives. Fatty acid
						methyl esters (FAME). Determination of ester and linolenic acid methyl ester
						contents (2011)."
Table A.7: Candidate Fuel Properties
Property
Test Method
Sulfur Content
ASTM D5453-93
Aromatic Hydrocarbon Content, Volume %
ASTM D5186-03(2009)
Polycyclic Aromatic Content, Weight %
ASTM D5186-03(2009)
Nitrogen Content
ASTM D4629-12
Cetane Number
ASTM D613-14, ASTM D6890-13be1, ASTM D7170-14; or
								ASTM D7668-14a
API Gravity
ASTM D287-12b
Viscosity at 40°C, cSt
ASTM D445-14e2
Flash Point, °F, minimum
ASTM D93-13e1
Distillation, °F
ASTM D86-12
Initial Boiling Point
10% Recovered
50% Recovered
90% Recovered
End Point
FAME Content %
EN14103:2011
(D) Biodiesel Additive Certification Fuel.
The biodiesel additive certification fuel shall be a
						biodiesel (fatty acid methyl ester) produced by transesterification of low
						saturation feedstock with the following properties.
Table A.8: Biodiesel Additive Certification Fuel
						Properties
Property
Test Method
Fuel Specifications
Sulfur Content
ASTM D5453-93
15 ppm maximum
Nitrogen Content
ASTM D4629-12
10 ppm maximum
Unadditized Cetane Number (Each of 3 measurements
								with equipment and operator same as for Diesel Test Fuels)
ASTM D613-14, ASTM D6890-13be1, ASTM D7170-14; or
								ASTM D7668-14a
47.0 - 50.0
API Gravity
ASTM D287-12b
27.0 - 33.0
Viscosity at 40°C, cSt
ASTM D445-14e2
1.9 - 6.0
Flash Point, °F, minimum
ASTM D93-13e1
266
Distillation, °F
ASTM D86-12
90% Recovered
620 - 680
FAME Content %
EN 14103:2011
Report
The biodiesel additive certification fuel must not
						contain DTBP or other additives; the applicant must submit data to CARB that
						demonstrates meeting this provision prior to test fuel approval. The same
						biodiesel additive certification fuel must be used for blending each of the
						candidate fuels for a certification test program.
(E) Diesel Test Fuels
The applicant shall report all of the properties
						specified under (a)(2)(E)1 and 2 of this appendix for each Diesel Test Fuel
						sent by each emissions test facility to the same independent laboratory.
1. The Reference CARB Diesel.
The Reference CARB Diesel used in the comparative testing
						described in (a)(2)(F) of this appendix shall be produced from straight-run
						California diesel fuel by a hydrodearomatization process and shall have the
						characteristics set forth below under "Reference CARB Diesel Specifications"
						(the listed ASTM methods are incorporated herein by reference):
Table A.9: Reference CARB Diesel
						Specifications
Property
Test Method
Fuel Specifications
Sulfur Content
ASTM D5453-93
15 ppm maximum
Aromatic Hydrocarbon Content, Volume % (Each of 3
								measurements)
ASTM D5186-03(2009)
10.0% maximum
Polycyclic Aromatic Content, Weight % (Each of 3
								measurements)
ASTM D5186-03(2009)
1.4% maximum
Nitrogen Content
ASTM D4629-12
10 ppm maximum
Unadditized Cetane Number (Each of 3
								measurements)
ASTM D613-14, ASTM D6890-13be1, ASTM D7170-14; or
								ASTM D7668-14a
48.0 minimum
API Gravity
ASTM D287-12b
33.0 - 39.0
Viscosity at 40°C, cSt
ASTM D445-14e2
2.0 - 4.1
Flash Point, °F, minimum
ASTM D93-13e1
130
Distillation, °F
ASTM D86-12
Initial Boiling Point
340 - 420
10% Recovered
400 - 490
50% Recovered
470 - 560
90% Recovered
550 - 610
End Point
580 - 660
The Reference CARB Diesel fuel must not contain
						biodiesel, DTBP, or other additives; the applicant must submit data to CARB
						that demonstrates meeting this provision prior to test fuel approval. The same
						Reference CARB Diesel must be used for blending each of the candidate fuels
						containing Reference CARB Diesel for a certification test program.
2. The Designated Equivalent Limits Diesel.
The Designated Equivalent Limits Diesel used in the
						comparative testing described in (a)(2)(F) of this appendix shall be a
						commercially available California diesel fuel or blend of commercially
						available California diesel fuels that does not contain biodiesel or DTBP and
						meets all of the specifications set forth in section
						2282(h)(1). If
						the Designated Equivalent Limits Diesel is a blend, it shall be blended at the
						emissions test facility from products shipped directly to the independent
						laboratory from the product source facilities, and the blending shall be
						observed and verified by an independent, state-licensed professional engineer.
						Identification of product sources, certificates of analysis for the fuels, and
						verification of the blending shall be submitted with the proposed test
						protocol. Designated Equivalent Limits Diesel properties shall be analyzed in
						triplicate for triplicate demonstrations of compliance with the respective
						specifications.
(F) Emissions testing.
1. Exhaust emission tests using each candidate fuel and
						each Diesel Test Fuel shall be conducted in accordance with the "California
						Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model
						Heavy-Duty Diesel-Engines and Vehicles," as incorporated by reference in CCR,
						title 13, section
						1956.8(b). The
						tests shall be performed using 2004-2006 model-year, Cummins ISM370 engines
						having a nominal torque rating of 1450 ft-lb and a nominal power output of 360
						to 380 hp, and produced between January 2004 and December 2006, inclusive, or,
						if the Executive Officer determines that the 2004-2006 Cummins ISM370 is no
						longer representative of the pre-2007 model-year, heavy duty diesel engine
						fleet, another engine model found by the Executive Officer to be representative
						of such engines.
2. The comparative testing shall be conducted at two
						emissions test facilities, one using Reference CARB Diesel and one using both
						Reference CARB Diesel and Designated Equivalent Limits Diesel in separate
						tests. If the testing uses an engine as described in (a) below, the testing may
						occur at a single emissions test facility using Reference CARB Diesel and
						Designated Equivalent Limits Diesel. All testing must be observed by
						independent parties that are mutually agreed upon by the Executive Officer and
						the applicant. The testing at each test facility shall be observed by and
						verified by an independent, state-licensed professional engineer. The applicant
						shall be responsible for all costs of the comparative testing.
a. Approval of a single engine for certification testing
						at a single emissions test facility: The Executive Officer may determine that
						any single, specific test engine located at a specific emissions test facility
						adequately represents California diesel engines for the purpose of certifying
						B20 additive or ADF formulations and is therefore considered approved for
						single engine certification testing. This part does not supersede any
						requirement other than the requirement to use two engines at two emissions test
						facilities. In order to make this determination, the requirements and criteria
						in i-iii or iv below must be met.
i. Approval of test plan: The Executive Officer must
						first preapprove any test plan designed to demonstrate the acceptability of
						specific single-engine certification testing rather than two-engine
						certification testing.
1. The test plan must identify each emissions test
						facility and each test engine and must include all of the test protocols for
						each emissions test facility and each test engine consistent with the
						requirements of section (a)(2)(A).
2. The test plan must include testing of the same Diesel
						Test Fuel and the same twenty-percent blend with Biodiesel Additive
						Certification Fuel in accordance with the requirements of this section (a)(2)
						at a minimum of three emissions test facilities.
3. For each test engine at each emissions test facility,
						testing shall be performed in the test sequence, D B20 B20 D D B20 B20 D, on
						each of five days of testing, where D is the Diesel Test Fuel and B20 is the
						blend with Biodiesel Additive Certification Fuel at twenty percent.
ii. Acceptability criteria of single engines for
						certification testing.
1. All data generated under each
						Executive-Officer-approved test plan must be submitted prior to Executive
						Officer consideration for approval of any applicable single-engine
						acceptability for certification testing or any applicable B20 ADF
						certification.
2. In determining the acceptability of single engines for
						certification testing, the Executive Officer may review and consider all
						applicable testing procedures and test-engine operating data, including
						test-cycle performance and specific emissions data.
3. The NOx emission criterion for acceptability of
						single-engine testing is as follows:
(100%)[(X?B20/X?D)Engine
						1 - (X?B20/X?D)Engine k] [LESS
						THAN EQUAL TO] 1.00%,
where X?B20 and
						X?D are the average specific NOx emissions with the B20
						test fuel and Diesel Test Fuel, respectively, Engine 1 is the engine with the
						largest relative increase in NOx emissions with the B20 test fuel compared to
						the Diesel Test Fuel and is deemed to be acceptable for single-engine B20 ADF
						certification testing, and Engine k is any of the other engines.
As determined by the Executive Officer, Engine 1 and each
						Engine k that meets the above criterion when tested in accordance with the
						requirements of this section (a)(2) is deemed to be acceptable for
						single-engine B20 ADF certification testing, unless the Executive Officer
						determines that the testing did not conform to the approved test plan or that
						specific test-engine operating data, such as test-cycle performance or specific
						emissions data, are anomalous.
iii. Additional criterion for certification of B20 ADF
						candidate fuel based on single engine testing. For single-engine B20 ADF
						certification testing, certification test results for each Diesel Test Fuel
						must meet the following additional criterion:
(100%)[(X?C/X?R)Certification
						Testing - (X?B20/X?D)Engine
						Acceptability Testing] [LESS THAN EQUAL TO] 2.00%,
where X?C and
						X?R are the average specific PM emissions from the
						engine with the B20 candidate fuel and Diesel Test Fuel, respectively, used in
						certification testing and X?B20, and
						X?D are the average specific PM emissions from the same
						engine with the B20 test fuel and Diesel Test Fuel, respectively, used in
						engine acceptability testing. The Executive Officer will determine approval of
						B20 ADF additive formulations and other formulations for certification based on
						all applicable emissions criteria, testing procedures, and test-engine
						operating data, including test-cycle performance and specific emissions
						data.
iv. Any specific single engine that is one of the two
						engines used for emissions testing resulting in a successful additive or ADF
						formulation certification, as evidenced by issuance of an Executive Order
						granted to that additive or ADF formulation, may be deemed by the Executive
						Officer to be acceptable for single engine testing. The criteria in iii above
						apply to that engine, based on the PM results generated from the additive or
						ADF formulation certification testing.
3. For each comparative test, the applicant shall use one
						of the following test sequences:
a. If both cold start and hot start exhaust emission
						tests are conducted, a minimum of five exhaust emission tests shall be
						performed on the engine with each fuel, using either of the following
						sequences, where "R" is the Reference CARB Diesel or the Designated Equivalent
						Limits Diesel and "C" is the candidate fuel: RC RC RC RC RC (and continuing in
						the same order) or RC CR RC CR RC (and continuing in the same order).
The engine mapping procedures and a conditioning
						transient cycle shall be conducted with the Reference CARB Diesel or the
						Designated Equivalent Limits Diesel before each cold start procedure using the
						Reference CARB Diesel or the Designated Equivalent Limits Diesel. The reference
						cycle used for the candidate fuel shall be the same cycle as that used for the
						fuel preceding it.
b. If only hot start exhaust emission tests are
						conducted, one of the following test sequences shall be used throughout the
						testing, where "R" is the Reference CARB Diesel or the Designated Equivalent
						Limits Diesel and "C" is the candidate fuel:
Alternative 1: RC CR RC CR (continuing in the same order
						for a given calendar day; a minimum of twenty individual exhaust emission tests
						must be completed with each fuel)
Alternative 2: RR CC RR CC (continuing in the same order
						for a given calendar day; a minimum of twenty individual exhaust emission tests
						must be completed with each fuel)
Alternative 3: RRR CCC RRR CCC (continuing in the same
						order for a given calendar day; a minimum of twenty-one individual exhaust
						emission tests must be completed with each fuel)
For all alternatives, an equal number of tests shall be
						conducted using the Reference CARB Diesel or the Designated Equivalent Limits
						Diesel and the candidate fuel on any given calendar day. At the beginning of
						each calendar day, the sequence of testing shall begin with the fuel that was
						tested at the end of the preceding day. The engine mapping procedures and a
						conditioning transient cycle shall be conducted after every fuel change and/or
						at the beginning of each day. The reference cycle generated from the Reference
						CARB Diesel or the Designated Equivalent Limits Diesel for the first test shall
						be used for all subsequent tests.
For alternatives 2 and 3, each paired or triplicate
						series of individual tests shall be averaged to obtain a single value which
						would be used in the calculations conducted pursuant to (a)(2)(G) of this
						appendix.
4. The applicant shall submit test schedules to the
						Executive Officer at least one week prior to commencement of the tests. The
						test schedules shall identify the days on which the tests will be conducted,
						and shall provide for conducting the tests consecutively without substantial
						interruptions other than those resulting from the normal hours of operations at
						the test facilities. The Executive Officer shall be permitted to observe any
						tests. The parties conducting the testing shall maintain test logs which
						identify all tests conducted, all engine mapping procedures, all physical
						modifications to or operational tests of the engines, all recalibrations or
						other changes to the test instruments, and all interruptions between tests and
						the reason for each such interruption. The parties conducting the tests or the
						applicant shall notify the Executive Officer by telephone and in writing of any
						unscheduled interruption resulting in a test delay of 48 hours or more, and of
						the reason for such delay. Prior to restarting the test, the applicant or
						person conducting the tests shall provide the Executive Officer with a revised
						schedule for the remaining tests. All tests conducted in accordance with the
						test schedule, other than any tests rejected in accordance with an outlier
						identification and exclusion procedure included in the approved test protocol,
						shall be included in the comparison of emissions pursuant to (a)(2)(G) of this
						appendix.
5. In each test of a fuel, exhaust emissions of oxides of
						nitrogen (NOx) and particulate matter (PM) shall be measured.
(G) Process for determining if the tested candidate fuel
						fulfils the requirements for certification: For each Diesel Test Fuel, the
						average emissions during testing with the candidate fuel shall be compared to
						the average emissions during testing with the Diesel Test Fuel, applying
						one-sided Student's t statistics as set forth in Snedecor and Cochran,
Statistical Methods
(7th ed.), page 91, Iowa State University
						Press, 1980, which is incorporated herein by reference. The Executive Officer
						shall issue a certification pursuant to this paragraph only if he or she makes
						all of the determinations set forth below for each test, after applying the
						criteria of (a)(2)(G)5. of this appendix.
1. The average NOx emissions during testing with a
						candidate fuel that contains renewable hydrocarbon diesel demonstrate at least
						a two percent reduction relative to the average NOx emissions during testing
						with the Diesel Test Fuel.
2. The average NOx emissions during testing with a
						candidate fuel that does not contain renewable hydrocarbon diesel do not exceed
						the average NOx emissions during testing with the Diesel Test Fuel.
3. The average PM emissions during testing with the
						candidate fuel do not exceed the average PM emissions during testing with the
						Diesel Test Fuel.
4. Use of any additive identified pursuant to (a)(2)(B)
						of this appendix in heavy-duty engines will not increase emissions of noxious
						or toxic substances which would not be emitted by such engines operating
						without the additive. In addition, cellular tests on the particulate emissions
						from heavy-duty engines will not show greater harm for mutagenicity,
						inflammation, DNA damage, or oxidative stress with the use of any such additive
						than would occur with such engines operating without the additive.
5. In order for the determinations of (a)(2)(G) of this
						appendix to be made, for each referenced pollutant the candidate fuel shall
						satisfy the following relationship:
Click
						here to view image
Where:
x?
c
=Average emissions during testing
						with the candidate fuel
Z=Offset factor equal to 1.0 for all referenced
						pollutants for all candidate fuels, except for NOx for candidate fuels
						containing renewable hydrocarbon diesel, for which the offset factor is equal
						to 0.98
x?
R
=Average
						emissions during testing with the Diesel Test Fuel
?=Tolerance level equal to 1 percent of
						x
R
NOx, 2 percent of
						x
R
for PM
Sp=Pooled standard
						deviation
t(a, 2n-2)=The one-sided upper percentage point of t
						distribution with a=0.15 and 2n-2 degrees of freedom
n=Number of tests of candidate fuel and Diesel Test
						Fuel
(H) If the Executive Officer finds that the candidate
						fuels have been properly tested in accordance with (a)(2)(F) of this appendix,
						and makes the determinations specified in (a)(2)(G) of this appendix for each
						test of each Diesel Test Fuel, then he or she shall issue an Executive Order
						certifying the alternative diesel fuel or additive formulation represented by
						the candidate fuel. The Executive Order shall identify all of the
						characteristics of the candidate fuels determined pursuant to (a)(2)(C) of this
						appendix. The Executive Order shall provide that the certified alternative
						diesel fuel formulation has the following specifications: [1] a sulfur content,
						total aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content,
						and nitrogen content not exceeding that of the candidate fuels, [2] a cetane
						number and API gravity not less than that of the candidate fuels, [3] any
						additional fuel specification required under (a)(2)(C) of this appendix, and
						[4] presence of all additives that were contained in the candidate fuels, in a
						concentration not less than in the candidate fuels. Additionally, the Executive
						Order shall contain a table mirroring Table A.5 in this appendix listing the
						required concentration of additive at each 5 percent interval of blend level,
						if applicable. All such characteristics shall be determined in accordance with
						the test methods identified in (a)(2)(C) of this appendix. The Executive Order
						shall assign an identification name to the specific certified biodiesel fuel
						formulation.
(I) Modification or revocation of an Executive
						Order.
1. The Executive Officer may review and, for good cause,
						modify or revoke an Executive Order issued pursuant to this appendix. Good
						cause includes emissions testing showing that the certified additive or ADF
						formulation does not meet the emissions equivalence criteria under (a)(2)(G) of
						this appendix or failure to comply with any requirement of this appendix. The
						Executive Officer may not revoke or modify an Executive Order without affording
						the entity to whom the Executive Order was issued the opportunity to submit,
						within 20 days of notification of a determination that such good cause exists,
						any information that it wants the Executive Officer to consider. Within 50 days
						after making an initial determination of good cause, the Executive Officer
						shall make a final determination based on available information regarding
						whether or not emissions equivalence has been demonstrated pursuant to
						regulatory requirements, and whether any other requirement of this appendix has
						not been met, and finalize any appropriate revocation or modification.
						Modifications to the order may include additional specifications or conditions,
						or a provision making the order inapplicable to specified biodiesel fuel
						producers.
2. To revoke or modify a certified Executive Order, the
						Executive Officer will issue a notice of determination of cause to revoke or
						modify. Once the notice of determination is issued, the entity to whom the
						Executive Order was issued may be required to discontinue distribution of their
						certified additive or ADF formulation, and accordingly notify all companies to
						which they have provided the certified additive or ADF formulation in the last
						six months of CARB's notice of intent to revoke or modify. At any time, an
						entity to whom an Executive Order is issued pursuant to this appendix may
						request to withdraw their Executive Order by providing written notice to the
						Executive Officer requesting such withdrawal.
(J) As of August 1, 2021, only biodiesel additives and
						ADF formulations that are approved under section (a)(1) of this appendix or
						certified according to the certification procedures under section (a)(2) of
						this appendix that became effective May 3, 2021 can be used to comply with the
						in-use requirements under section
						2293.6.
(b) [Reserved]
1. New
						Appendix 1 filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
						47).
2. Amendment of Tables A.8 and A.9 filed 1-4-2019; operative
						1-4-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 1).
3. Amendment filed 5-3-2021; operative
						5-3-2021 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2021, No. 19). Transmission deadline specified in Government Code
						section
						11346.4(b)
						extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
						60 calendar days pursuant to Executive Order N-71-20.