reglab/statecodes huggingface dataset:
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 95482 - Fuels Subject to Regulation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Applicability of the Low Carbon Fuel Standard.
Except as
						provided in this section, the California Low Carbon Fuel Standard regulation,
						California Code of Regulations (CCR), title 17, sections
						95480 through
						95503 (collectively referred to as
						the "LCFS") applies to any transportation fuel, as defined in section
						95481, that is sold, supplied, or
						offered for sale in California, and to any person who, as a fuel reporting
						entity defined in section
						95481 and specified in section
						95483, is responsible for
						reporting a transportation fuel in a calendar year. The types of transportation
						fuels to which the LCFS applies include:
(1)
						California reformulated gasoline ("gasoline" or "CaRFG");
(2) California diesel fuel ("diesel fuel" or
						"ULSD");
(3) Fossil compressed
						natural gas ("Fossil CNG"), fossil liquefied natural gas ("Fossil LNG"), or
						fossil liquefied compressed natural gas ("Fossil L-CNG);
(4) Bio-CNG, bio-LNG, or bio-L-CNG;
(5) Electricity;
(6) Compressed or liquefied hydrogen
						("hydrogen");
(7) A fuel blend
						containing greater than 10 percent ethanol by volume;
(8) A fuel blend containing biomass-based
						diesel;
(9) Denatured fuel ethanol
						("E100");
(10) Neat biomass-based
						diesel ("B100" or "R100");
(11)
						Alternative Jet Fuel;
(12) Propane;
						and
(13) Any other liquid or
						non-liquid fuel.
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 95483 - Fuel Reporting Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of this section is to identify the first
						  fuel reporting entities, subsequent fuel reporting entities, and the credit or
						  deficit generator for each type of transportation fuel. The first fuel
						  reporting entity is responsible for initiating reporting within the LRT-CBTS
						  for a given amount of fuel and, by default, also holds the status as initial
						  credit or deficit generator for the reported fuel quantity. The fuel reporting
						  entities identified in this section are subject to the reporting requirements
						  pursuant to section
						  95491 and to any other requirement
						  applicable to a fuel reporting entity and credit or deficit generator under
						  this subarticle.
(a)
For
						Liquid Fuels.
Liquid fuels refer to fossil fuels (including CARBOB,
						gasoline, diesel, and conventional jet fuel), liquid alternative fuels
						(including ethanol as an oxygenate, biomass-based diesel, and alternative jet
						fuels), and blend of liquid alternative and fossil fuels.
(1)
Designation of First Fuel
						Reporting Entities for Liquid Fuels.
The first fuel reporting entity
						for liquid fuels is the producer or importer of the liquid fuel. For liquid
						fuels that are a blend of liquid alternative fuel components (including ethanol
						as an oxygenate, biomass-based diesel, or alternative jet fuels) and a fossil
						fuel component (including CARBOB, gasoline, diesel, conventional jet, or other
						fossil fuels), the first fuel reporting entity is the following:
(A) With respect to the alternative fuel
						component, the producer or importer of the alternative fuel
						component.
(B) With respect to the
						fossil fuel component, the producer or importer of the fossil fuel
						component.
(C)
Specifics
						for Alternative Jet Fuel.
For an alternative jet fuel or the
						alternative fuel portion of a blend with conventional jet fuel, the first fuel
						reporting entity is the producer or importer of the alternative jet fuel, which
						is delivered to a storage facility where fuel is stored before it is uploaded
						to an aircraft in California. Conventional jet fuel, including the conventional
						jet fuel portion of a blend, is not subject to the LCFS and must not be
						reported.
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 95483.1 - Opt-in Entities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Eligibility.
An entity that meets one or more of the following
						criteria may opt into the LCFS program, thereby becoming a credit generator.
(1)
Opt-in Fuel Reporting
						Entity.
An entity meeting any of the following criteria can opt into
						the LCFS program in a capacity of fuel reporting entity.
(A) A qualified fuel reporting entity who
						provides a fuel specified in section
						95482(b) that
						meets the requirements of section
						95483, wherever
						applicable;
(B) An out-of-state
						producer of oxygenate for blending with CARBOB or gasoline, or biomass-based
						diesel for blending with CARB diesel, who is not otherwise already subject to
						the LCFS regulation as an importer. An out-of-sate producer under this
						subsection may retain the ability to generate credits or deficits, for a
						specific quantity of fuel or blendstock, only if it opts in as a first fuel
						reporting entity and meets the requirements of section
						95483, wherever
						applicable.
(C) An entity that is
						in the distribution/marketing chain of imported fuel and is positioned on that
						chain between the producer in subsection (B) above and the importer
						("intermediate entity"). The intermediate entity is subject to the following
						requirements.
The intermediate entity must provide written
						  documentation demonstrating all the following requirements to the Executive
						  Officer's written satisfaction before opting into the LCFS:
1. The entity received ownership of the fuel
						for which the entity is claiming to generate LCFS credits;
2. Either:
a. The entity received the fuel reporting
						entity status from a producer that opted in under section
						95483.1; or
b. The producer did not opt in under section
						95483.1(a)(1).
3. The entity actually delivered the fuel or
						caused the fuel to be delivered to California for use in California;
The fuel delivered under subsection
						  3. is shown to have been sold for
						  use in California or was otherwise actually used in California;
						  and
4. The entity is not
						otherwise already subject to the LCFS regulation as a fuel reporting
						entity.
5. The demonstrations in
						paragraphs 1. through 4. above must be made for the specific quantity of fuel
						upon which the entity first elects to opt into the LCFS. For subsequent
						quantities of fuel for which the entity is claiming to be the fuel reporting
						entity pursuant to this subsection, the entity must retain documentation to
						support the demonstrations required in paragraphs 1. through 4., above, and
						must submit such documentation to the Executive Officer within 30 calendar days
						upon request.
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 95483.3 - Change of Ownership or Operational Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If an entity or a facility registered in the LRT-CBTS,
						  the AFP, or the LVP undergoes a change of ownership or operational control, the
						  following requirements apply.
(a)
CARB Notifications.
Within 30 days of the change of ownership
						or operational control, the previous owner or operator of the regulated entity
						or facility and the new owner or operator of the entity or facility must
						provide the following information to CARB:
(1)
						The previous owner or operator must notify CARB in writing of the ownership or
						operational control change, including the name of the new owner or operator and
						the date of the ownership or operational control change.
(2) The new owner or operator must notify
						CARB in writing of the ownership or operational control change, including the
						following information:
(A) Previous owner or
						operator;
(B) New owner or
						operator;
(C) Date of ownership or
						operator change;
(D) Name of new
						account representatives pursuant to section
						95483.2 for the affected entity's
						account in the LRT-CBTS, AFP or LVP.
(3) The first owner must give the Executive
						Officer direction regarding the disposition of net credits in the first owner's
						LRT-CBTS account and the certified fuel pathways associated with the first
						owner's AFP account.
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 95485 - Demonstrating Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Compliance Demonstration.
(1)
						A fuel reporting entity must demonstrate that it met its annual compliance
						obligation by submitting an annual compliance report, showing that it possessed
						and has retired a number of credits from its credit account that is equal to
						its compliance obligation.
(2)
Mandatory Retirement of Credits for the Purpose of Compliance.
At the time of annual compliance report submission, for a fuel reporting entity
						that possesses credits and has also incurred deficits, the LRT-CBTS will retire
						a sufficient number of credits so that:
(A)
						Enough credits are retired to completely meet the fuel reporting entity's
						compliance obligation for that compliance period, or
(B) If the total number of credits available
						in entity's account is less than the total number of deficits incurred, all the
						credits within entity's possession will be
						retired.
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 95486 - Generating and Calculating Credits and Deficits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Generation and Acquisition of
						Transferrable Credits.
(1)
Credit and Deficit Issuance.
Upon submission and acceptance of
						timely reports as required by this subarticle, the total number of credits and
						deficits generated will be issued in the LRT-CBTS account of the applicable
						credit or deficit generator. Once issued, credits may be retained indefinitely,
						retired to meet a compliance obligation, or transferred to other entities
						through the LRT-CBTS. The Executive Officer will issue the credits and deficits
						in the LRT-CBTS if:
(A) The credit or deficit
						generator met all the reporting requirements pursuant to this
						subarticle;
(B) The credit or
						deficit generator successfully reconciled the fuel quantity reported per FPC
						using transaction types Sold with Obligation and Purchased with Obligation with
						business partners by the quarterly reporting deadline, if required;
(C) The activity is not prohibited pursuant
						to section
						95486(a)(2) or
						any other provision of this subarticle.
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 95486.2 - Generating and Calculating Credits for Zev Fueling Infrastructure Pathways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Hydrogen Refueling Infrastructure (HRI) Pathways.
(1)
HRI Pathway Eligibility.
A hydrogen station owner may submit an application to certify an HRI pathway
						subject to the following eligibility conditions:
(A) The proposed HRI must be located in
						California and open to the public.
(B) The HRI pathway application must be
						received on or before December 31, 2025.
(C) The following stations are not eligible
						for HRI crediting:
1. Any station receiving or
						spending funds pursuant to any settlement related to any California or Federal
						regulation enforcement; or
2. Any
						station built as a required mitigation measure pursuant to the California
						Environmental Quality Act.
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 95487 - Credit Transactions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
General
. LCFS credits shall not constitute instruments,
						securities, or any other form of property.
(1) A regulated entity may:
(A) Retain LCFS credits without expiration
						for use within the LCFS market; and
(B) Acquire or transfer LCFS credits. A
						third-party, which is not a regulated entity or acting on behalf of a regulated
						entity, may not hold, purchase, sell, or trade LCFS credits, except as
						otherwise specified in section
						95483.
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 - Entities Eligible to Apply for Fuel Pathways

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any person may apply to the Executive
						Officer for fuel pathway carbon intensity certification for the purpose of
						credit or deficit generation.
(b)
Joint Applicants.
Multiple entities may contribute
						site-specific data to a single pathway application. In these cases, the parties
						involved may either designate a single entity as the pathway applicant, or
						designate multiple entities as joint applicants on a single pathway. Applying
						as joint applicants allows each entity to maintain control of confidential data
						for the portions of the pathway they submit.
(1) Each joint applicant is subject to all
						requirements for pathway application, attestations, validation and
						verification, recordkeeping, pursuant to this subarticle, for the portion of
						the pathway they control.
(2) A
						single entity designated to submit data on behalf of multiple entities within a
						pathway does not relieve any other entity in the pathway from responsibility
						for ensuring that the data submitted on its behalf is
						accurate.
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 95488.1 - Fuel Pathway Classifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of fuel pathway carbon
						intensity determination, all new LCFS fuel pathways certified after January 1,
						2019 (or the effective date of this regulation) shall be classified as either
						a:
(1) Lookup Table pathway;
(2) Tier 1 pathway; or
(3) Tier 2 pathway, as described
						below.
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 95488.3 - Calculation of Fuel Pathway Carbon Intensities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Calculating Carbon
						Intensities.
Fuel pathway applicants and the Executive Officer will
						evaluate all pathways based on life cycle greenhouse gas emissions per unit of
						fuel energy, or carbon intensity, expressed in gCO2e/MJ.
						For this analysis, the fuel pathway applicant must use CA-GREET3.0 model
						(including the Simplified CI Calculators derived from that model) or another
						model determined by the Executive Officer to be equivalent or superior to
						CA-GREET3.0.
(b)
CA-GREET3.0.
The CA-GREET3.0 model (August 13, 2018) contains
						emission factors for calculating greenhouse gas emissions from site-specific
						inputs to fuel pathways and standard values for parts of the life cycle not
						included in applicant-specific data submission. The model is open source and
						publicly available at
http://www.arb.ca.gov/fuels/lcfs/lcfs.htm
and is incorporated herein by reference. CA-GREET3.0 includes contributions
						from the Oil Production Greenhouse Gas Estimator (OPGEE2.0) model (for
						emissions from crude extraction) and Global Trade Analysis Project (GTAP-BIO)
						together with the Agro-Ecological Zone Emissions Factor (AEZ-EF) model for land
						use change (LUC).
Tier 1 Simplified CI Calculators, which incorporate
						  emission factors and life cycle inventory data from the CA-GREET3.0 model, are
						  used to calculate carbon intensities for Tier 1 pathways. The eight Simplified
						  CI Calculators listed below are publicly available at
http://www.arb.ca.gov/fuels/lcfs/lcfs.htm
and are incorporated herein by reference:
(1) Tier 1 Simplified CI Calculator for
						Starch and Fiber* Ethanol (August 13, 2018)
(2) Tier 1 Simplified CI Calculator for
						Sugarcane-derived Ethanol (August 13, 2018)
(3) Tier 1 Simplified CI Calculator for
						Biodiesel and Renewable Diesel (August 13, 2018)
(4) Tier 1 Simplified CI Calculator for LNG
						and L-CNG from North American Natural Gas (August 13, 2018)
(5) Tier 1 Simplified CI Calculator for
						Biomethane from North American Landfills (August 13, 2018)
(6) Tier 1 Simplified CI Calculator for
						Biomethane from Anaerobic Digestion of Wastewater Sludge (August 13,
						2018)
(7) Tier 1 Simplified CI
						Calculator for Biomethane from Anaerobic Digestion of Dairy and Swine Manure
						(August 13, 2018)
(8) Tier 1
						Simplified CI Calculator for Biomethane from Anaerobic Digestion of Organic
						Waste (August 13, 2018)
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 95488.5 - Lookup Table Fuel Pathway Application Requirements and Certification Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Applicability.
A fuel reporting entity may use a Lookup Table
						pathway if the Lookup Table (Table 7-1 in section
						95488.5(e))
						contains a fuel pathway that closely corresponds to the actual physical fuel
						production pathways used to produce the fuel in question. A fuel's actual
						physical fuel production pathway corresponds closely with a Lookup Table
						pathway when it is consistent with the Lookup Table pathway in all the areas
						listed in (1) through (6) below:
(1)
						Feedstocks used to produce the fuel;
(2) Fuel and feedstock production
						technology;
(3) Regions in which
						feedstocks and finished fuel are produced;
(4) The modes used to transport feedstocks
						and finished fuel and the transport distances involved;
(5) The types and amounts of thermal and
						electrical energy consumed in both feedstock and finished fuel production. This
						applies both to the energy consumed in the production process and to the
						upstream energy consumed (e.g., fuels used to generate electricity; energy
						consumed to produce natural gas, etc.); and
(6) The CI of the fuel pathway applicant's
						product must be lower than or equal to the Lookup Table pathway CI. If the
						Executive Officer determines the product has an actual CI that is likely to be
						higher than the Lookup Table CI value, the applicant may apply for a Tier 2
						pathway.
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 95488.6 - Tier 1 Fuel Pathway Application Requirements and Certification Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Documentation Required for Tier 1 Pathways.
A fuel pathway
						applicant may apply for a Tier 1 pathway using the provisions set forth in this
						section. After satisfying all requirements for pathway and facility
						registration in 95488.2, the applicant must submit the following information to
						the Executive Officer for consideration of a Tier 1 pathway CI.
(1)
Simplified CI
						Calculator.
A fuel-specific Simplified CI Calculator populated with
						all applicable site-specific operational data inputs is required. The period
						covered shall be the most recent 24 month period of operation. Fields that
						require site-specific inputs are marked in the Simplified CI Calculator.
						Site-specific inputs include, but are not limited to, the monthly quantity of
						all feedstocks consumed in the fuel production facility, the electricity
						generation mix of the subregion(s) where feedstock and fuel production occur,
						the types and monthly quantities of all energy used in the production of the
						fuel, and the monthly quantities of fuel produced.
(A) The Simplified CI Calculators include
						appropriate LUC or other indirect carbon intensity modifiers from Table 6 when
						applicable.
(B) Applicants must
						follow the instructions for completing site-specific inputs in the Simplified
						CI Calculators found in the Tier 1 Simplified CI Calculator Instruction Manual
						(August 13, 2018), incorporated herein by reference.
Industrial Strategies Division, California Air
						  Resources Board. August 13, 2018. Tier 1 Simplified CI Calculator Instruction
						  Manual.
(C) All applicants
						using grid electricity must choose electrical generation energy mixes from
						among the subregions in CA-GREET3.0 and the Simplified CI Calculators, if
						applicable. The options include the 26 subregions defined in the U.S. EPA's
						Emissions and Generation Resource Integrated Database with year 2014 data
						(eGRID2014v2, released on February 27, 2017), and a national grid mix for
						Brazil and Canada.
1.
User-defined
						Process Energy Option.
Applicants whose fuel production facilities or
						feedstock source regions are located in an area for which there is no
						corresponding subregion included in the Simplified CI Calculator may select the
						user-defined option, and shall consult with the Executive Officer for approval
						of the data prior to submitting an application.
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 95488.9 - Special Circumstances for Fuel Pathway Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Substantiality
						Requirements.
(1) The substantiality
						requirement applies in the two scenarios listed below. The substantiality
						requirement does not apply when re-applying for a Provisional pathway with a
						new operational data period due to a process change as described in 95488.9(c),
						or when replacing a certified CI after verification using the process described
						in 95488.10(a)(6).
(A)
Multiple
						applications for the same feedstock-fuel combination.
When a fuel
						pathway applicant applies for two or more pathways based on different inputs
						for the same feedstock-fuel combination processed within an operational data
						period at a single fuel production facility, the Executive Officer will
						consider separate pathways only when the CI of one or more of the proposed
						pathways meet the substantiality requirement relative to the CI of the
						reference pathway. The "reference" pathway is the composite CI that results
						when the fuel is modeled using a single pathway that represents the average
						production of all quantities of the feedstock-fuel combination produced in the
						operational data period.
(B)
Tier 1 Pathways using Innovative Methods.
The Executive
						Officer will consider a Tier 2 application for a pathway that would otherwise
						be classified as Tier 1 if the Simplified CI Calculator for that fuel type
						cannot be used to accurately model the pathway due to process innovations and
						the proposed pathway meets the substantiality requirement relative to the CI of
						the reference pathway. The "reference" pathway is the CI of the proposed
						pathway as calculated by the applicable Simplified CI Calculator. The
						substantiality requirement does not apply to pathways that qualify for Tier 2
						due to the use of low-CI process energy sources, or use of carbon capture, as
						described in 95488.1(d)(7).
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 95490 - Provisions for Fuels Produced Using Carbon Capture and Sequestration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Eligibility.
The following entities are eligible to submit
						project applications and, if approved, receive CCS credits, in accordance with
						following protocol which is incorporated herein by reference and is referred to
						as the "CCS Protocol" hereafter.
Industrial Strategies Division, California Air
						  Resources Board. August 13, 2018. Carbon Capture and Sequestration Protocol
						  under the Low Carbon Fuel Standard.
(1) Alternative fuel producers, refineries,
						and oil and gas producers that capture CO2 on-site and
						geologically sequester CO2 either on-site or
						off-site.
(2) An entity that
						employs direct air capture to remove CO2 from the
						atmosphere and geologically sequester the CO2. If
						CO2 derived from direct air capture is converted to
						fuels, it is not eligible for project-based CCS credits. However, applicants
						may apply for fuel pathway certification using the Tier 2 pathway application
						process as described in section
						95488.7.
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 95491 - Fuel Transactions and Compliance Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A fuel reporting entity must submit to the Executive
						  Officer Quarterly Fuel Transactions Reports and Annual Compliance Reports, as
						  specified in this section.
(a)
Online Reporting.
The annual compliance and quarterly fuel
						transactions reports must be submitted using the LRT-CBTS. Prior to use, a fuel
						reporting entity must first register in the LRT-CBTS pursuant to section
						95483.2.
The fuel reporting entity is solely responsible for
						  ensuring that the Executive Officer receives its quarterly fuel transactions
						  reports and annual compliance reports by the deadlines specified in this
						  section. The Executive Officer shall not be responsible for failure of
						  electronically submitted reports to be transmitted to the Executive Officer.
						  The reports must contain a statement attesting to the report's accuracy and
						  validity. The Executive Officer shall not deem an electronically submitted
						  report to be valid unless the report is accompanied by a digital signature that
						  meets the requirements of California Code of Regulations, title 2, sections
						  22000 et seq.
(b)
Reporting Frequency and
						Deadlines.
(1)
Quarterly
						Fuel Transactions Data:
The data for the quarterly fuel transactions
						report for each fuel type must be uploaded in the LRT-CBTS within the first 45
						days after the end of the quarter. During the subsequent 45 days, fuel
						reporting entities shall use the reconciliation tools provided in the LRT-CBTS
						and in conjunction with business partners to complete any necessary report
						corrections, if applicable.
(2)
Quarterly Fuel Transactions Reports.
Unless expressly provided
						elsewhere in this subarticle, quarterly fuel transactions reports must be
						submitted in LRT-CBTS by:
June 30th - for the first calendar quarter covering
						  January through March;
September 30th - for the second calendar quarter
						  covering April through June;
December 31st - for the third calendar quarter covering
						  July through September; and
March 31st - for the fourth calendar quarter of the
						  prior year covering October through December.
(3)
Annual Compliance
						Reports.
An annual compliance report for the prior calendar year must
						be submitted in LRT-CBTS by April 30th of each year.
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 95491.1 - Recordkeeping and Auditing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Record Retention.
Any record required to be maintained under
						this subarticle shall be retained for ten years. All data and calculations
						submitted by a regulated entity for demonstrating compliance, or generating
						credits or deficits are subject to inspection by the Executive Officer or a
						verification body accredited by the Executive Officer pursuant to section
						95502, and must be made available
						within 20 days upon request of the Executive Officer.
(1)
Record Retention for Fuel
						Reporting Entities.
Fuel reporting entities must maintain all records
						and calculations relied upon for data reported in the LRT-CBTS. These records
						include, but are not limited to:
(A) Product
						transfer documents;
(B) Copies of
						all data reports submitted to the Executive Officer;
(C) Records related to each fuel
						transaction;
(D) Records used for
						each credit transaction;
(E)
						Records related to FSE registration, including but not limited to copies of
						monthly utility bills, Bills of Lading, Division of Measurement Standards'
						certificates, and any other document used as a proof at the time of FSE
						registration pursuant to this subarticle;
(F) Chain of custody evidence for produced
						fuel imported into California;
(G)
						Attestations regarding environmental attributes associated with book-and-claim
						accounting for biomethane pursuant to 95488.8(i)(2)(C); and
(H) Records used for compliance or credit and
						deficit calculations.
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 95492 - Enforcement Protocols

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any provision of this subarticle, the
						  Executive Officer may enter into an enforceable written protocol with any
						  person to identify conditions under which the person may lawfully meet the
						  recordkeeping, reporting, or demonstration of requirements under this
						  subarticle. The Executive Officer may only enter into such a protocol if he or
						  she reasonably determines that the provisions in the protocol are necessary
						  under the circumstances and at least as effective as the applicable provisions
						  of this subsection. Any such protocol shall include the person's agreement to
						  be bound by the terms of the protocol(s).
1. New
						  section filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
						  47).
2. Amendment filed 1-4-2019; operative 1-4-2019 pursuant to
						  Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 1).
Note: Authority cited: Sections
							 38510,
							 38530,
							 38560,
							 38560.5,
							 38571,
							 38580,
							 39600,
							 39601,
							 41510,
							 41511
							 and
							 43018,
							 Health and Safety Code; 42
							 U.S.C. section 7545; and Western Oil and Gas
							 Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121
							 Cal.Rptr. 249 (1975). Reference: Sections
							 38501,
							 38510,
							 39515,
							 39516,
							 38571,
							 38580,
							 39000,
							 39001,
							 39002,
							 39003,
							 39515,
							 39516,
							 41510,
							 41511
							 and
							 43000,
							 Health and Safety Code; Section
							 25000.5,
							 Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air
							 Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249
							 (1975).
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 95493 - Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
						persons are subject to the jurisdiction of the State of California, including
						the administrative authority of CARB and the jurisdiction of the Superior
						Courts of the State of California, irrespective of whether the person has
						registered as a fuel reporting entity in the LRT-CBTS:
(1) any person who, pursuant to section
						95483 or
						95483.1, is the fuel reporting
						entity;
(2) any person to whom the
						obligation to generate credits or deficits has been transferred directly or
						indirectly (including the reporting party);
(3) any verifier;
(4) any project operator; and
(5) any fuel pathway or project
						applicant.
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 95494 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CARB may seek
						penalties and injunctive relief for any violation of this subarticle pursuant
						to Health and Safety Code section
						38580
						and Chapter 1.5 of Part 5 of Division 26. Penalties may be assessed for each
						day of any violation of this subarticle. Violations shall be subject to all
						other penalties and remedies permitted under State law. In determining any
						penalty amount, CARB shall consider all relevant circumstances, including the
						criteria in Health and Safety Code section
						43031.
(b) Each day or portion thereof that any
						report required by this subarticle remains unsubmitted, incomplete, or
						inaccurate constitutes a separate violation. For purposes of this subsection,
						"report" means any submittal to the Executive Officer or made in the LRT-CBTS,
						including any information submitted in response to an Executive Officer request
						for additional or clarifying information.
(c) Each deficit that is not eliminated at
						the end of a compliance period or carried over as permitted by section
						95485 constitutes a separate day
						of violation, subject to a penalty not to exceed $1000 per deficit.
1. New
						  section filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
						  47).
2. Amendment filed 1-4-2019; operative 1-4-2019 pursuant to
						  Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 1).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38560.5,
							 38571,
							 38580,
							 39600,
							 39601
							 and
							 43018,
							 Health and Safety Code; 42
							 U.S.C. section 7545; and Western Oil and Gas
							 Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121
							 Cal.Rptr. 249 (1975). Reference: Sections
							 38501,
							 38510,
							 39515,
							 39516,
							 38571,
							 38580,
							 39000,
							 39001,
							 39002,
							 39003,
							 39515,
							 39516,
							 43000,
							 43025,
							 43026,
							 43027,
							 43028,
							 43029,
							 43030
							 and
							 43031,
							 Health and Safety Code; Section
							 25000.5,
							 Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air
							 Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249
							 (1975).
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 95495 - Authority to Suspend, Revoke, Modify, or Invalidate

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Officer determines that
						any basis for invalidation set forth in subsection (b)(1) below occurred, in
						addition to taking any enforcement action, he or she may: suspend, restrict,
						modify, or revoke an LRT-CBTS account; modify or delete a Certified CI;
						restrict, suspend, or invalidate credits; or recalculate the deficits in an
						LRT-CBTS account. For purposes of this section, "Certified CI" includes any
						determination relating to carbon intensity made pursuant to sections
						95488 through
						95488.10, or relating to a
						credit-generating activity approved under section
						95489.
(b)
Determination that a Credit,
						Deficit Calculation, or Certified CI is Invalid.
(1)
Basis for Invalidating.
The Executive Officer may modify or delete a Certified CI and invalidate
						credits or recalculate deficits based on any of the following:
(A) Any of the information used to generate
						or support the Certified CI was incorrect for reasons including the omission of
						material information or changes to the process following submission;
(B) Any material information submitted in
						connection with any Certified CI or credit transaction was incorrect;
(C) Fuel reported under a given pathway was
						produced or transported in a manner that varies in any way from the methods set
						forth in any corresponding pathway application documents submitted pursuant to
						sections 95488 through
						95488.10;
(D) Fuel transaction or other data reported
						into LRT-CBTS and used in calculating credits and deficits was incorrect or
						omitted material information;
(E)
						Credits or deficits were generated or transferred in violation of any provision
						of this subarticle or in violation of other laws, statutes or
						regulations;
(F) A person obligated
						to provide records under this subarticle refused to provide such records or
						failed to produce them within the required time; and
(G) The sequestered
						CO2 associated with credits generated for verified
						greenhouse gas emission reductions by a CCS project was released or otherwise
						leaked to the atmosphere.
(H) For
						purposes of this section, "material information" means:
1. Information that would affect by any
						amount the Executive Officer's determination of a carbon intensity score,
						expressed on a gCO2e/MJ basis to two decimal places,
						or
2. Information that would affect
						by any whole integer the number of credits or deficits generated under sections
						95486,
						95486.1,
						95486.2,
						95489, or resulting from any
						transaction or other activity reported in the
						LRT-CBTS.
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 95496 - Regulation Review. [Reserved]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
						  47).
2. Repealer and reservation of section filed 1-4-2019;
						  operative 1-4-2019 pursuant to Government Code section
						  11343.4(b)(3)
						  (Register 2019, No. 1).
Note: Authority cited: Sections
							 38510,
							 38560,
							 38560.5,
							 38571,
							 38580,
							 39600,
							 39601
							 and
							 43018,
							 Health and Safety Code; 42
							 U.S.C. section 7545; and Western Oil and Gas
							 Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121
							 Cal.Rptr. 249 (1975). Reference: Sections
							 38501,
							 38510,
							 39515,
							 39516,
							 38571,
							 38580,
							 39000,
							 39001,
							 39002,
							 39003,
							 39515,
							 39516
							 and
							 43000,
							 Health and Safety Code; Section
							 25000.5,
							 Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air
							 Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249
							 (1975).
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 95497 - Severability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each provision of this subarticle shall be deemed
						  severable, and in the event that any provision in this subarticle is held to be
						  invalid, the remainder of this subarticle shall continue in
						  effect.
1. New
						  section filed 11-16-2015; operative 1-1-2016 (Register 2015, No.
						  47).
Note: Authority cited: Sections
							 38510,
							 38530,
							 38560,
							 38560.5,
							 38571,
							 38580,
							 39600,
							 39601,
							 41510,
							 41511
							 and
							 43018,
							 Health and Safety Code; 42
							 U.S.C. section 7545; and Western Oil and Gas
							 Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121
							 Cal.Rptr. 249 (1975). Reference: Sections
							 38501,
							 38510,
							 39515,
							 39516,
							 38571,
							 38580,
							 39000,
							 39001,
							 39002,
							 39003,
							 39515,
							 39516,
							 41510,
							 41511
							 and
							 43000,
							 Health and Safety Code; Section
							 25000.5,
							 Public Resources Code; and Western Oil and Gas Ass'n v. Orange County Air
							 Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249
							 (1975).
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 95500 - Requirements for Validation of Fuel Pathway Applications; and Verification of Annual Fuel Pathway Reports, Quarterly Fuel Transactions Reports, Crude Oil Quarterly and Annual Volumes Reports, Project Reports, and Low-Complexity/Low-Energy-Use Refinery Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Validation of Fuel Pathway
						Applications (CIs).
(1)
Applicability.
The following entities must obtain the services
						of a verification body accredited by the Executive Officer for purposes of
						conducting verification services, including required site visit(s), for each
						fuel pathway application submitted under this subarticle.
(A) Fuel pathway applicants supplying
						site-specific CI data for the fuel pathway application, as specified in
						sections 95488.5 through
						95488.8.
(B) Specified source feedstock suppliers and
						other entities with site-specific CI data who apply for separate Executive
						Officer recognition as a joint applicant and elect to be responsible for
						separate validation and verification as specified in section
						95488(b).
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 95502 - Accreditation Requirements for Verification Bodies, Lead Verifiers, and Verifiers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Verification bodies, lead verifiers, and non-lead verifiers that will provide
						verification services (including validation services) under this subarticle
						must become accredited through fulfilling the accreditation requirements set
						forth in MRR sections
						95132(b) through
						(e), with the exception of subsections
						95132(b)(1)(G),
						95132(b)(2),
						95132(b)(3),
						95132(b)(5), and
						95132(e)(1).
MRR text is as referred to, except as otherwise
						  specifically provided:
(1) Wherever
						"section 95102(a)" is
						referenced, "section
						95481" must be substituted.
						Wherever "section
						95132(b)(2) is
						referenced, "section
						95502(c)" must be
						substituted. Wherever "section
						95133" is referenced, "section
						95503" must be
						substituted.
(2) Whenever
						"Performance Review" is referenced, the definition in 95481(a) of this
						subarticle must be substituted.