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§ 95488.8. Fuel Pathway Application Requirements Applying to All Classifications.

17 CA ADC § 95488.8Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 3. Air Resources
Chapter 1. Air Resources Board
Subchapter 10. Climate Change (Refs & Annos)
Article 4. Regulations to Achieve Greenhouse Gas Emission Reductions
Subarticle 7. Low Carbon Fuel Standard
17 CCR § 95488.8
§ 95488.8. Fuel Pathway Application Requirements Applying to All Classifications.
Currentness
(a) Requirements for Attestation Letter. Each fuel pathway application must include a fuel pathway applicant attestation letter. The attestation letter must attest to the veracity of the information in the application packet and declare that the information submitted accurately represents the long-term, steady state operation of the fuel production process described in the application packet. The attestation letter must conform to the requirements of this subsection. The fuel pathway applicant attestation letter must make the following specific attestations:
(1) No products, co-products, by-products, or wastes undergo additional processing, such as drying, distillation, or clean-up, once they leave the production facility, except as explicitly included in the pathway life cycle analysis and pathway CI.
(2) All data and information supplied is true and accurate in all areas, including, but not limited to the following:
(A) Feedstocks used to produce the fuel;
(B) Fuel and feedstock production technology;
(C) Regions in which feedstocks and finished fuel are produced;
(D) Modes used to transport feedstocks and finished fuel and the transport distances involved;
(E) Types and amounts of thermal and electrical energy consumed in both feedstock and finished fuel production;
(F) Full life cycle carbon intensity, which must be no higher than the carbon intensity specified in the Lookup Table, or Tier 1 or Tier 2 application; and
(G) Fuel production operations.
(3) The signed LCFS fuel pathway applicant attestation letter must:
(A) Be submitted as an electronic copy;
(B) Be on company letterhead;
(C) Be signed by an officer of the applicant with the legal authority to attest to the veracity of the information in the application and to sign on behalf of the applicant;
(D) Be from the applicant and not from an entity representing the applicant (such as a consultant or legal counsel); and
(E) Include the following attestation:
I certify that the current fuel production process used to produce ____________________ (fuel) at the _________________________ facility is consistent in all of the following areas with all information submitted to CARB in connection with the pathway request: 1) feedstocks used in fuel production; 2) fuel and feedstock production technology; 3) geographic region in which feedstocks and finished fuel are produced; 4) transportation modes used to transport feedstocks and finished fuel and transport distances; 5) types and amounts of thermal and electrical energy consumed in both feedstock and finished fuel production; and 6) any other applicable fuel pathway standard or operating condition established by CARB. The carbon intensity (CI) of the fuel must be no higher than the CI for the certified FPC.
I understand that the following facility information will be posted on the LCFS web site: Facility Name, Facility Address, Company ID, Facility ID, Fuel Pathway Code(s), CI values, and Fuel Pathway Description(s).
By submitting this form, ______________________________ (Fuel Pathway Applicant) accepts responsibility for the information herein provided to CARB. I certify under penalty of perjury under the laws of the State of California that I have personally examined, and am familiar with, the statements and information submitted in this document. I certify that the statements and information submitted to CARB are true, accurate, and complete.
 
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(b) If the Executive Officer at any time determines that a certified fuel pathway does not meet the requirements of this subarticle or the operational conditions specified in the pathway summary issued by the Executive Officer, the Executive Officer may revoke or modify the certification.
(c) Designation of Confidential Business Information. The definition of “confidential business information,” for the purposes of this section, is the same as the definition of “trade secret” found in Government Code, section 6254.7. All documents (including spreadsheets and other items not in a standard document format) that are designated to contain confidential business information (CBI) must prominently display the phrase “Contains Confidential Business Information” above the main document title and in a running header. Additionally, a separate, redacted version of such documents must also be submitted. The redacted versions must be approved by the applicant for public posting on LCFS web site. Specific redactions must be replaced with the phrase “Confidential business information has been redacted by the applicant.” This phrase must be displayed clearly wherever CBI has been redacted. If the applicant claims that information it submits is confidential, it must also provide contact information required by California Code of Regulations, title 17, section 91011.
(d) Public Disclosure of Application Materials and Use of Application Materials in the LCFS Data Management System.
(1) All information not identified as trade secrets are subject to public disclosure pursuant to California Code of Regulations, title 17, sections 91000 through 91022 and the California Public Records Act (Government Code §§ 6250 et seq.); and
(2) If the application is certified by the Executive Officer, the carbon intensity value(s) and its associated fuel pathway code(s) will be posted publicly on the LCFS web site and incorporated into the LCFS Data Management System for use by fuel reporting entities.
(e) Submittal Formats.
(1) An application, supporting documents, and all other relevant data or calculation or other documentation must be submitted electronically via the AFP unless the Executive Officer has approved or requested in writing another format.
(2) The fuel pathway applicant must not convert spreadsheets, including CA-GREET3.0 spreadsheets, into other file formats or otherwise take steps to prevent the Executive Officer from examining all values and calculations in those spreadsheets.
(f) Additional Demonstrations. Upon request from the Executive Officer, a fuel pathway application must meet the following requirements:
(1) Demonstrate that the fuel that will be produced under the proposed pathway would comply with all applicable ASTM or other generally recognized national consensus standards; and
(2) Demonstrate that the fuel that will be produced under the proposed pathway is not exempt from the LCFS under section 95482(c).
(g) Specified Source Feedstocks.
(1) Pathways Utilizing a Specified Source Feedstock. In order to be eligible for a reduced CI that reflects the lower emissions or credit associated with the use of a waste, residue, by-product or similar material as feedstock in a fuel pathway, fuel pathway applicants must meet the following requirements.
(A) Specified source feedstocks include:
1. Used cooking oil, animal fats, fish oil, yellow grease, distiller's corn oil, distiller's sorghum oil, brown grease, and other fats/oils/greases that are the non-primary products of commercial or industrial processes for food, fuel or other consumer products, which are used as feedstocks in pathways for biodiesel, renewable diesel, alternative jet fuel, and co-processed refinery products;
2. Biomethane supplied using book-and-claim accounting pursuant to section 95488.8(i)(2) and is claimed as feedstock in pathways for bio-CNG, bio-LNG, bio-L-CNG, and hydrogen via steam methane reformation;
3. Any feedstock whose supplier applies for separate CARB recognition using site-specific CI data; and
4. Other feedstocks designated as specified-source at the time of pathway review and prior to certification.
(B) Chain-of-custody Evidence. Fuel pathway applicants using specified source feedstocks must maintain either (1) delivery records that show shipments of feedstock type and quantity directly from the point of origin to the fuel production facility, or (2) information from material balance or energy balance systems that control and record the assignment of input characteristics to output quantities at relevant points along the feedstock supply chain between the point of origin and the fuel production facility. Chain-of-custody evidence is used to demonstrate proper characterization and accurate quantity. Chain-of-custody evidence must be provided to the verifier and to CARB upon request. Joint Applicants may assume responsibility for different portions of the chain-of-custody evidence but each such entity must meet the following requirements to be eligible for a pathway that utilizes a specified source feedstock:
1. Maintain records of the type and quantity of feedstock obtained from each supplier, including Feedstock transaction records, Feedstock Transfer Documents pursuant to section 95488.8(g)(1)(C), weighbridge tickets, bills of lading or other documentation for all incoming and outgoing feedstocks;
2. Maintain records used for material balance and energy balance calculations.
3. Ensure CARB staff and verifier access to audit feedstock suppliers to demonstrate proper accounting of attributes and conformance with certified CI data.
(C) Feedstock Transfer Documents. A feedstock transfer document must prominently state the information specified below.
1. Transferor Company name, address and contact information;
2. Recipient Company name, address and contact information;
3. Type and amount of feedstock, including units;
4. Transaction date.
(h) Renewable or Low-CI Process Energy. Unless expressly provided elsewhere in this subarticle, indirect accounting mechanisms for renewable or low-CI process energy, such as the use of renewable energy certificates, cannot be used to reduce CI. In order to qualify as a low-CI process energy source, energy from that source must be directly consumed in the production process as described in (1) and (2) below:
(1) Low-CI electricity must be supplied from generation equipment under the control of the pathway applicant. Such electricity must be able to demonstrate:
(A) Any renewable energy certificates or other environmental attributes associated with the energy are not produced, or are retired and not claimed under any other program with the exception of the federal RFS, and the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800).
(B) The generation equipment is directly connected through a dedicated line to a facility such that the generation and the load are both physically located on the customer side of the utility meter. The generation source may be grid-tied, but a dedicated connection must exist between the source and load.
(C) The facility's load is sufficient to match the amount of low-CI electricity claimed using a monthly balancing period.
(2) Biogas or biomethane must be physically supplied directly to the production facility. The applicant must submit the attestation set forth below in section 95488.8(i)(2)(C)2.
(3) Solar steam or heat generation must be physically supplied directly to the production facility, and any environmental attributes associated with the energy are not produced, or are retired and not claimed under any other program with the exception of the federal RFS, and the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800).
(i) Indirect Accounting for Renewable or Low-CI Electricity and Biomethane.
(1) Book-and-Claim Accounting for Renewable or Low-CI Electricity Supplied as a Transportation Fuel or Used to Produce Hydrogen. Reporting entities may use indirect accounting mechanisms for low-CI electricity supplied as a transportation fuel or for hydrogen production through electrolysis for transportation purposes (including hydrogen that is used in the production of a transportation fuel), provided the conditions set forth below are met:
(A) Reporting entities may report low-CI electricity used as a transportation fuel or as an input to hydrogen production delivered through the grid without regard to physical traceability if it meets all requirements of this subarticle. The low-CI electricity must be supplied to the grid within a California Balancing Authority (or local balancing authority for hydrogen produced outside of California) or alternatively, meet the requirements of California Public Utilities Code section 399.16, subdivision (b)(1). Such book-and-claim accounting for low-CI electricity may span only three quarters. If a low-CI electricity quantity (and all associated environmental attributes, including a beneficial CI) is supplied to the grid in the first calendar quarter, the quantity claimed for LCFS reporting must be matched to grid electricity used as a transportation fuel or for hydrogen production no later than the end of the third calendar quarter. After that period is over, any unmatched low-CI electricity quantities expire for the purpose of LCFS reporting.
(B) Low-CI electricity can be indirectly supplied through a green tariff program (including the Green Tariff Shared Renewables program described in California Public Utilities Code Section 2831-2833) or other contractual electricity supply relationship that meets the following requirements:
1. Electricity is generated by, or supplied under contract to, the pathway applicant for all environmental attributes of the claimed electricity. In order to substantiate low-CI electricity claims, the applicant must make contracts available to the Executive Officer, upon request, to demonstrate that the electricity meets the requirements of this subarticle. Generation invoices or metering records are required to substantiate the quantity of low-CI electricity produced from the renewable assets. Monthly invoices must be unredacted copies of originals showing electricity sourced (in kWh) and contracted price;
2. All electricity procured by any LSE for the purpose of claiming a lower CI must be in addition to that required for compliance with the California Renewables Portfolio Standard (described in California Public Utilities Code sections 399.11-399.32) or, for hydrogen produced outside of California, in addition to local renewable portfolio requirements;
3. Renewable energy certificates or other environmental attributes associated with the electricity, if any, are retired and not claimed under any other program with the exception of the federal RFS, and the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800). Retirement of renewable energy credits for the purpose of demonstrating Green Tariff Shared Renewables procurement to the California Public Utilities Commission does not constitute a double claim.
(2) Book-and-Claim Accounting for Pipeline-Injected Biomethane Used as a Transportation Fuel or to Produce Hydrogen. Indirect accounting may be used for RNG used as a transportation fuel or to produce hydrogen for transportation purposes (including hydrogen that is used in the production of a transportation fuel), provided the conditions set forth below are met:
(A) RNG injected into the common carrier pipeline in North America (and thus comingled with fossil natural gas) can be reported as dispensed as bio-CNG, bio-LNG, or bio-L-CNG, or as an input to hydrogen production, without regards to physical traceability. Entities may report natural gas as RNG within only a three-quarter time span. If a quantity of RNG (and all associated environmental attributes, including a beneficial CI) is pipeline-injected in the first calendar quarter, the quantity claimed for LCFS reporting must be matched to natural gas sold in California as RNG no later than the end of the third calendar quarter. After that period is over, any unmatched RNG quantities expire for the purpose of LCFS reporting.
(B) To substantiate RNG quantities injected into the pipeline for dispensing as bio-CNG, bio-LNG, or bio-L-CNG or as an input to hydrogen production, the pathway application and subsequent Annual Fuel Pathway Reports must include the following documents linking the environmental attributes of RNG (in MMBtu or Therms) with corresponding quantities of natural gas withdrawn: unredacted monthly invoices showing the quantities of RNG (in MMBtu) sourced and the contracted price per unit; and the unredacted contract by which the fuel pathway holder obtained the environmental attributes.
(C) Attestations Regarding Environmental Attributes.
1. Upstream Attestations. An entity reporting any RNG as a transportation fuel in LRT-CBTS, and a fuel pathway holder using biogas or biomethane as feedstock or process energy, must obtain and keep attestations from each upstream party collectively demonstrating that (a) the entity claiming the environmental attributes has the exclusive right to claim environmental attributes associated with the sale or use of the biogas or biomethane, and (b) the environmental attributes have not been used or claimed in any other program or jurisdictions with the exception of the federal RFS, and the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800). The attestations must be made available to the Executive Officer or a verifier upon request. The inability to promptly produce the attestations constitutes ground for credit invalidation pursuant to section 95495.
2. Attestation to CARB. An officer of any entity reporting biomethane in LRT-CBTS under the provisions of section 95488.8(i)(2), and an officer of any fuel pathway holder claiming use of biogas or biomethane as process energy under the provisions of section 95488.8(h)(2), must annually submit the following attestation to the Executive Officer:
I certify that to the extent that the gas used in the fuel pathway or supplied as transportation fuel is characterized as biomethane, ____________________ (entity name) owns the exclusive rights to the corresponding environmental attributes.
____________________ (entity name) has not sold, transferred, or retired those environmental attributes in any program or jurisdiction other than the federal RFS.
Based on diligent inquiry and review of contracts and attestations from our business partners, I certify under penalty of perjury under the laws of the State of California that no other party has or will sell, transfer, or retire the environmental attributes corresponding to the biomethane for which ____________________ (entity name) claims credit in the LCFS program.
 
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(j) Measurement Accuracy.
(1) Calibration Requirement. All measurement devices that log or record data for use in fuel pathway applications must comply with the manufacturer-recommended calibration frequency and precision requirements. If manufacturer-recommendations are not provided, the measurement devices must be calibrated every six years.
(2) Requests to Postpone Calibration. For units and processes that operate continuously with infrequent outages, it may not be possible to meet manufacturer-recommended calibration deadlines for measurement devices. In such cases, the owner or operator may submit a written request to the Executive Officer to postpone calibration or inspection until the next scheduled maintenance outage. Such postponements are subject to the procedures of subsections (A) through (B) below and must be documented in the monitoring plan.
(A) A written request for postponement must be submitted to the Executive Officer not less than 30 days before the required calibration, recalibration or inspection date. The Executive Officer may request additional documentation to validate the operator's claim that the device meets the accuracy requirements of this section. The operator shall provide any additional documentation to CARB within ten (10) business days of a request by CARB.
(B) The request must include:
1. The date of the required calibration, recalibration, or inspection;
2. The date of the last calibration or inspection;
3. The date of the most recent field accuracy assessment, if applicable;
4. The results of the most recent field accuracy assessment, if applicable, clearly indicating a pass/fail status;
5. The proposed date for the next field accuracy assessment, if applicable;
6. The proposed date for calibration, recalibration, or inspection which must be during the time period of the next scheduled shutdown. If the next shutdown will not occur within three years, this must be noted and a new request must be received every three years until the shutdown occurs and the calibration, recalibration or inspection is completed.
7. A description of the meter or other device, including at a minimum:
a. Make,
b. Model,
c. Install date,
d. Location,
e. Parameter measured by the meter or other device, including the data capture rate,
f. Description of how data from the meter or other device is used in a fuel pathway,
g. Calibration or inspection procedure,
h. Reason for delaying calibration or inspection,
i. Proposed method to ensure that the precision requirements listed by the manufacturer are upheld,
j. Name, title, phone number and e-mail of contact person capable of responding to questions regarding the device.
(k) Missing Data Provisions.
(1) Meter Record, Accuracy, or Calibration Requirements Not Met. If a measurement device is not functional, not calibrated within the time period recommended by the manufacturer, or fails a field accuracy assessment, the operator must otherwise demonstrate to the verifier that the reported data are accurate within +/-5 percent.
(A) If the operator can demonstrate to the verifier that reported data are accurate, the data are acceptable. The entity must then provide a detailed plan describing when the measurement device will be brought into calibration. This plan is subject to approval by the Executive Officer.
(B) If the operator cannot demonstrate to the verifier that reported data are accurate, the data is not acceptable and missing data provisions apply.
(2) Missing Data Provisions. If missing data exists, the entity must submit for Executive Officer approval an alternate method of reporting the missing data. Alternate methods shall be evaluated on a case-by-case basis.
(3) Force Majeure Events. In the event of a facility shutdown or disruption drastically affecting production attributable to a force majeure event, the fuel pathway applicant or holder must notify the Executive Officer.

Credits

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).
History
1. New section filed 1-4-2019; operative 1-4-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 1).
This database is current through 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 17, § 95488.8, 17 CA ADC § 95488.8
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