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 › Section 2293.5 - Phase-in Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
[NOTE: The goal of this comprehensive process is to
						foster the introduction of new, lower polluting ADF fuels by allowing the
						limited sales of innovative ADFs in stages while emissions, performance, and
						environmental impacts testing is conducted. This testing is intended to develop
						the necessary real-world information to quantify the environmental and human
						health benefits from using new ADFs, determine whether these fuels have adverse
						environmental impacts relative to conventional CARB diesel, and identify any
						vehicle/engine performance issues such fuels may have.]
An ADF that has not been approved for commercialized
						sales under subsection (c) for Stage 3A fuels or subsection (d) for Stage 3B
						fuels may only be sold, offered for sale, or supplied for use in motor vehicles
						in California pursuant to an approved Executive Order (EO) for candidate ADF
						issued under subsection (a) for a Stage 1 pilot program or under subsection (b)
						for a Stage 2 ADF.
(a) Stage 1: Pilot
					 Program.
[NOTE: The purpose of this stage is to allow limited,
						small fleet use of innovative fuels while requiring screening tests and
						assessments to quickly determine whether there will be unreasonable potential
						impacts on air quality, the environment and vehicular performance. Such data
						will help inform more extensive testing and analysis to be conducted in Stage
						2. This Stage 1 is modeled after the existing ARB regulation that provides
						limited, fuel test program exemptions under
						13 CCR
						2259.]
(1) Stage 1 Application.
A person seeking a Stage 1 Executive Order (EO) for an
						ADF must submit an application to the Executive Officer that includes all the
						following information:
(A) Expected
					 program duration, not to exceed one year except as provided in section
					 2293.5(a)(4)
					 below;
(B) An estimate of the
					 maximum number of vehicles or engines, engine certification levels, and vehicle
					 types (e.g. urban bus, refuse hauler, line haul truck) involved in the
					 program;
(C) The estimated mileage
					 duration per vehicle involved in this stage;
(D) The quantity of fuel expected to be used
					 in the pilot program, not to exceed the energy equivalent of one million
					 gallons (approximately 35 million megajoules) of diesel fuel per year, per ADF
					 total;
(E) The site(s) in which the
					 testing during this stage will be conducted (including the street address,
					 city, county, and zip code);
(F)
					 The manner in which the distribution pumps will be labeled to ensure proper use
					 of the test fuel and meet California's fuel labeling requirement in accordance
					 with California Business and Professions Code, section
					 13480(a);
(G) The name, address, telephone number,
					 title of the person(s) and the name of the company or organization requesting
					 entry into a Stage 1 pilot program; and
(H) If different from the information in (G)
					 above, the name, address, telephone number and title of the person(s) and the
					 name of the company or organization responsible for recording and making the
					 information specified above available to the Executive Officer and the location
					 in which such information will be maintained.
(I) Chemical and physical properties of the
					 candidate ADF: complete chemical speciation, Chemical Abstract Services (CAS)
					 numbers (if available), density, energy content, vapor pressure, oxidative
					 potential, distillation curve, log Kow (water-octanol
					 partition coefficient), and Henry's law coefficient.
(J) Environmental information about the ADF:
					 Material Safety Data Sheet(s) (MSDS) for all components of the candidate ADF,
					 production process diagram, identification of potential human health or
					 environmental effects, lifecycle flow diagram (including all stages of the
					 process-raw material extraction, manufacturing, distribution, use and disposal
					 including all intervening transportation steps), and potential release
					 scenarios during production (including by-products), transportation and
					 use.
(K) A statement whether the
					 fuel will be blended with diesel, whether it can be used as a neat fuel, or
					 whether it can be used either way.
(L) Plan for commercialization under this
					 regulation.
(M) Emissions testing
					 completed on criteria pollutants.
(N) Attestation that the vehicles to be used
					 in the pilot program are owned by the applicant or the applicant has received
					 written consent from their owners.
(O) The vehicle identification number (VIN)
					 of each vehicle participating in the pilot program, if known.
(P) Affirmative statement that the owner(s)
					 of all vehicles to be used in the applicant's pilot program are aware of any
					 possible warranty issues that may arise from the use of the candidate ADF or
					 candidate ADF/CARB diesel blend in their engines.
(Q) One of the following:
1. A declaration that a fuel standard has
					 been approved for the ADF pursuant to Chapter 14 of the Business and
					 Professions Code (section
					 13400 et seq.); or if no such
					 standard exists,
2. A copy of the
					 developmental fuel variance application that the applicant has submitted to the
					 California Department of Food and Agriculture pursuant to Business and
					 Professions Code section
					 13405,
					 proof of its approval, and a declaration that:
a. The requirements of Business and
					 Professions Code sections
					 12001-
					 13800,
					 other than those pertaining to fuel quality, have been met, and
b. The California Department of Food and
					 Agriculture received a copy of the application required to be submitted under
					 13 CCR
					 2293.5.
(R) Proof that the candidate fuel complies
					 with the U.S. Environmental Protection Agency requirements at 40 Code of
					 Federal Regulations part 79.
(S) It
					 is the responsibility of the applicant to identify any specific portion of the
					 information submitted above as trade secret. Any such trade secret information
					 identified by the applicant shall be treated pursuant to
					 17 CCR
					 91000-91022 and the California Public Records
					 Act (Government Code section
					 6250 et
					 seq.).