California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 4 - Regulations to Achieve Greenhouse Gas Emission Reductions › Subarticle 7 - Low Carbon Fuel Standard › Section 95488.10 - Maintaining Fuel Pathways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
CI Data Reporting Requirement and
						Deadline.
Beginning in 2021, each fuel pathway holder must submit an
						annual Fuel Pathway Report to the AFP no later than March 31 of each calendar
						year.
(1) The annual Fuel Pathway Report must
						include the certified version of the Simplified CI Calculator or the
						CA-GREET3.0 model, if required in the initial certification, updated to include
						the most recent two calendar years of operational data.
(2) The annual Fuel Pathway Report for Lookup
						Table pathways listed in 95488.1(b)(2), in lieu of the CI calculator, must
						include invoices or metering records substantiating the quantity of renewable
						or low-CI inputs procured from a qualifying source.
(3) Entities specified in section
						95488.8(i)(2)(C)
						must provide the annual attestation regarding environmental attributes required
						by that provision.
(4) Any fuel
						pathway holder, including a joint applicant, who is not subject to site visits
						by a third party verifier, whose pathway involves the use of renewable or
						low-CI process energy, must submit invoices for that energy to the AFP.
						Additionally, for any electricity that is used to reduce carbon intensity of
						electricity used as a transportation fuel or hydrogen production via
						electrolysis, the pathway holder must upload records demonstrating that any
						renewable energy certificates generated were retired in WREGIS for the purpose
						of LCFS credit generation.
(5) The
						annual Fuel Pathway Report must include any temporally-variable information
						requested by the Executive Officer to be included in the initial application as
						supplementary information, or required data or documentation listed in the
						pathway summary operating conditions, must continue to be submitted annually as
						part of the annual Fuel Pathway Report.
(6) If the verified operational CI as
						calculated from production data covering the 24 months of operations is found
						to be lower than the certified CI, and a positive verification statement is
						issued for this period, the following options are available:
(A) The fuel pathway holder may elect to keep
						the original certified CI.
(B) The
						fuel pathway holder may request to replace the certified CI with the verified
						operational CI based on the most recent 24 months of operational data, adding a
						conservative margin of safety per section
						95488.4(a) if the
						applicant so desires. Fuel pathway holders requesting to replace the certified
						CI must submit an attestation that the new CI can be maintained through the
						next reporting period, and acknowledging that exceeding the newly certified CI
						in subsequent verifications will constitute non-compliance with the
						requirements of this subarticle.
(7) If the verified operational CI is found
						to be greater than the certified CI, the fuel pathway holder is out of
						compliance with this subarticle and subject to investigation by the Executive
						Officer and possible enforcement action.