§ 95489. Provisions for Petroleum-Based Fuels.
17 CA ADC § 95489Barclays Official California Code of Regulations
17 CCR § 95489
§ 95489. Provisions for Petroleum-Based Fuels.
(A) An Annual Crude Average carbon intensity value will be calculated for each calendar year using a volume-weighted average of crude carbon intensity values. The volume for each imported crude will be the total volume of that crude reported by all fuel reporting entities in the Annual Compliance Reports for the calendar year. Volume contributions for California State fields will be based on oil production data from the California Department of Conservation and volume contributions for California Federal Offshore fields will be based on oil production data from the Bureau of Safety and Environmental Enforcement. Field production volumes for California-produced crude will be reduced, if necessary, to account for crude exports. Crude carbon intensity values are those listed in Table 9. For crude names not listed, the default carbon intensity value from Table 9 will be used until the crude name and carbon intensity value is added to Table 9 as described in section 95489(b)(3).
(B) Within 15 days of receiving the Annual Compliance reports, the Executive Officer shall post the Annual Crude Average carbon intensity calculation at the LCFS web site for public comment. Written comments shall be accepted for 15 days following the date on which the analysis was posted. Only comments related to potential factual or methodological errors in the posted Annual Crude Average carbon intensity value may be considered. The Executive Officer shall evaluate the comments received and, if the Executive Officer deems it necessary, may request in writing additional information or clarification from the commenters. Commenters shall be provided 10 days to respond to these requests. The Executive Officer shall post the final Annual Crude Average carbon intensity value at the LCFS web site within 15 days of receiving positive or qualified positive MCON verification reports per section 95500. An adverse verification statement would result in Executive Officer investigation and may result in delay of finalizing and posting the Annual Crude Average carbon intensity value.
Table 9. Carbon Intensity Lookup Table for Crude Oil Production and Transport.
Country of Origin | Crude Identifier | Carbon Intensity (gCO2e/MJ) |
---|---|---|
Baseline Crude | California Baseline Crude Average | 11.78 |
Average* | applicable to crudes supplied during 2018 and subsequent years | |
California Baseline Crude Average applicable to crudes supplied in 2016 and 2017 | 11.98 | |
Annual Crude Average | Volume-weighted California average CI for crudes supplied during 2016 | 12.14 |
Annual Crude Average | Volume-weighted California average CI for crudes supplied during 2017 | 11.93 |
Algeria | Saharan | 14.77 |
Angola | Cabinda | 8.99 |
Clov | 7.31 | |
Dalia | 8.90 | |
Gimboa | 8.86 | |
Girassol | 9.95 | |
Greater Plutonio | 8.72 | |
Hungo | 8.23 | |
Kissanje | 8.66 | |
Mondo | 8.98 | |
Nemba | 9.08 | |
Pazflor | 8.02 | |
Sangos | 7.06 | |
Argentina | Canadon Seco | 10.16 |
Escalante | 10.15 | |
Hydra | 7.77 | |
Medanito | 10.78 | |
Australia | Enfield | 6.84 |
Pyrenees | 8.24 | |
Stybarrow | 7.84 | |
Van Gogh | 8.46 | |
Vincent | 6.83 | |
Azerbaijan | Azeri | 6.40 |
Belize | Belize Light | 9.70 |
Brazil | Albacora Leste | 5.99 |
Bijupira-Salema | 7.18 | |
Frade | 5.63 | |
Iracema | 5.54 | |
Jubarte | 6.28 | |
Lula | 6.24 | |
Marlim | 6.76 | |
Marlim Sul | 7.78 | |
Ostra | 5.65 | |
Papa Terra | 4.29 | |
Peregrino | 4.16 | |
Polvo | 4.31 | |
Roncador | 6.77 | |
Roncador Heavy | 6.45 | |
Sapinhoa | 6.00 | |
Tubarao Azul | 5.45 | |
Tubarao Martelo | 5.37 | |
Cameroon | Lokele | 19.27 |
Canada | Access Western Blend | 15.15 |
Albian Heavy Synthetic (all grades) | 23.68 | |
BC Light | 8.11 | |
Bonnie Glen | 8.11 | |
Borealis Heavy Blend | 15.41 | |
Boundary Lake | 8.11 | |
Bow River | 9.42 | |
Cardium | 8.11 | |
Christina Dilbit Blend | 12.71 | |
Christina Synbit | 18.66 | |
Cold Lake | 17.87 | |
Conventional Heavy | 9.42 | |
CNRL Light Sweet Synthetic | 25.27 | |
Federated | 8.11 | |
Fosterton | 9.42 | |
Gibson Light Sweet | 8.11 | |
Halkirk | 8.11 | |
Hardisty Light | 8.11 | |
Hardisty Synthetic | 36.39 | |
Husky Synthetic | 32.66 | |
Joarcam | 8.11 | |
Kearl Lake | 12.89 | |
Kerrobert Sweet | 8.11 | |
Koch Alberta | 8.11 | |
Light Sour Blend | 8.11 | |
Light Sweet | 8.11 | |
Lloyd Blend | 9.42 | |
Lloyd Kerrobert | 9.42 | |
Lloydminster | 9.42 | |
Long Lake Heavy | 30.54 | |
Long Lake Light Synthetic | 40.12 | |
Mackay Heavy Blend | 20.43 | |
Medium Gibson Sour | 8.11 | |
Medium Sour Blend | 8.11 | |
Midale | 8.11 | |
Mixed Sour Blend | 8.11 | |
Mixed Sweet | 8.11 | |
Moose Jaw Tops | 8.11 | |
Peace | 8.11 | |
Peace Pipe Sour | 8.11 | |
Peace River Heavy | 19.21 | |
Peace River Sour | 8.11 | |
Pembina | 8.11 | |
Pembina Light Sour | 8.11 | |
Premium Albian Synthetic | 29.49 | |
Premium Conventional Heavy | 9.42 | |
Premium Synthetic | 27.38 | |
Rainbow | 8.11 | |
Rangeland Sweet | 8.11 | |
Redwater | 8.11 | |
Seal Heavy | 9.42 | |
Shell Synthetic (all grades) | 29.49 | |
Smiley-Coleville | 9.42 | |
Sour High Edmonton | 8.11 | |
Sour Light Edmonton | 8.11 | |
Statoil Cheecham Dilbit | 16.41 | |
Statoil Cheecham Synbit | 21.08 | |
Suncor Synthetic (all grades) | 27.09 | |
Surmont Heavy Blend | 22.48 | |
Synbit Blend | 22.64 | |
Syncrude Synthetic (all grades) | 31.62 | |
Synthetic Sweet Blend | 29.36 | |
Tundra Sweet | 8.11 | |
Wabasca | 6.88 | |
Western Canadian Blend | 9.42 | |
Western Canadian Select | 19.04 | |
Chad | Doba | 11.42 |
Colombia | Acordionero | 6.96 |
Cano Limon | 9.29 | |
Castilla | 10.55 | |
Cusiana | 9.99 | |
Magdalena | 22.28 | |
Rubiales | 9.79 | |
South Blend | 9.25 | |
Vasconia | 9.62 | |
Congo | Azurite | 10.25 |
Djeno | 10.73 | |
Ecuador | Napo | 8.31 |
Oriente | 10.07 | |
Equatorial Guinea | Ceiba | 7.82 |
Zafiro | 20.56 | |
Ghana | Ten Blend | 8.08 |
Iran | Dorood | 12.65 |
Forozan | 21.97 | |
Iran Heavy | 13.25 | |
Iran Light | 14.35 | |
Lavan | 11.11 | |
Nowruz-Soroosh | 10.53 | |
Sirri | 10.15 | |
Iraq | Basra Light | 13.45 |
Basra Heavy | 10.69 | |
Kuwait | Kuwait | 10.56 |
Libya | Amna | 15.82 |
Malaysia | Tapis | 12.73 |
Mauritania | Chinquetti | 13.74 |
Mexico | Isthmus | 11.31 |
Isthmus Topped | 14.31 | |
Maya | 7.85 | |
Neutral Zone | Eocene | 7.85 |
Khafji | 7.84 | |
Ratawi | 9.42 | |
Nigeria | Agbami | 12.04 |
Amenam | 10.65 | |
Antan | 21.98 | |
Bonga | 5.06 | |
Bonny | 9.91 | |
Brass | 14.27 | |
EA | 6.66 | |
Erha | 10.91 | |
Escravos | 12.00 | |
Forcados | 8.97 | |
Okono | 8.67 | |
OKWB | 22.76 | |
Pennington | 11.18 | |
Qua Iboe | 11.45 | |
Yoho | 11.45 | |
Oman | Oman | 13.32 |
Peru | Loreto | 9.86 |
Mayna | 11.07 | |
Pirana | 8.43 | |
Russia | ESPO | 11.55 |
M100 | 17.35 | |
Sokol | 6.94 | |
Vityaz | 9.60 | |
Saudi Arabia | Arab Extra Light | 9.41 |
Arab Light | 9.23 | |
Arab Medium | 8.72 | |
Arab Heavy | 7.92 | |
Thailand | Bualuang | 4.07 |
Trinidad | Calypso | 7.41 |
Galeota | 11.41 | |
UAE | Murban | 10.01 |
Upper Zakum | 7.96 | |
Venezuela | Bachaquero | 28.75 |
Boscan | 13.91 | |
Hamaca | 23.04 | |
Hamaca DCO | 10.02 | |
Laguna | 28.75 | |
Mesa 30 | 12.49 | |
Petrozuata (all synthetic grades) | 23.09 | |
Santa Barbara | 17.32 | |
Zuata (all synthetic grades) | 23.04 | |
US Alaska | Alaska North Slope | 15.91 |
US Colorado | Niobrara | 6.81 |
US Gulf of Mexico | Mars | 6.62 |
US Louisiana | GCA | 8.72 |
US New Mexico | Four Corners | 11.11 |
New Mexico Intermediate | 11.11 | |
New Mexico Sour | 11.11 | |
New Mexican Sweet | 11.11 | |
US North Dakota | Bakken | 9.73 |
North Dakota Sweet | 9.73 | |
Williston Basin Sweet | 9.73 | |
US Oklahoma | Oklahoma Sour | 11.93 |
Oklahoma Sweet | 11.93 | |
US Texas | Eagle Ford Shale | 11.93 |
East Texas | 11.93 | |
North Texas Sweet | 11.93 | |
South Texas Sweet | 11.93 | |
West Texas Intermediate | 11.93 | |
West Texas Sour | 11.93 | |
US Utah | Covenant | 4.43 |
Grand Cane | 6.92 | |
Utah Black Wax | 5.85 | |
Utah Sweet | 6.92 | |
US Wyoming | Wyoming Sweet | 10.98 |
US California Fields | Aliso Canyon | 4.94 |
Ant Hill | 20.81 | |
Antelope Hills | 2.84 | |
Antelope Hills, North | 24.75 | |
Arroyo Grande | 31.11 | |
Asphalto | 8.01 | |
Bandini | 3.09 | |
Bardsdale | 3.47 | |
Barham Ranch | 4.15 | |
Beer Nose | 3.98 | |
Belgian Anticline | 5.01 | |
Bellevue | 5.95 | |
Bellevue, West | 6.60 | |
Belmont, Offshore | 5.12 | |
Belridge, North | 4.11 | |
Belridge, South | 17.09 | |
Beverly Hills | 5.41 | |
Big Mountain | 4.65 | |
Blackwells Corner | 3.07 | |
Brea-Olinda | 3.59 | |
Buena Vista | 7.44 | |
Burrel | 29.43 | |
Cabrillo | 4.14 | |
Canal | 4.40 | |
Canfield Ranch | 4.53 | |
Carneros Creek | 4.06 | |
Cascade | 3.00 | |
Casmalia | 10.26 | |
Castaic Hills | 2.68 | |
Cat Canyon | 7.83 | |
Cheviot Hills | 3.49 | |
Chico-Martinez | 48.13 | |
Cienaga Canyon | 5.78 | |
Coalinga | 25.81 | |
Coles Levee, N | 4.09 | |
Coles Levee, S | 5.87 | |
Comanche Point | 5.03 | |
Coyote, East | 5.96 | |
Cuyama, South | 14.70 | |
Cymric | 15.69 | |
Deer Creek | 11.51 | |
Del Valle | 5.78 | |
Devils Den | 7.51 | |
Dominguez | 3.57 | |
Edison | 14.53 | |
El Segundo | 4.38 | |
Elk Hills | 8.02 | |
Elwood, S., Offshore | 3.52 | |
Fruitvale | 3.75 | |
Greeley | 7.91 | |
Hasley Canyon | 2.25 | |
Helm | 3.99 | |
Holser | 3.80 | |
Honor Rancho | 3.43 | |
Huntington Beach | 6.62 | |
Hyperion | 1.90 | |
Inglewood | 10.06 | |
Jacalitos | 2.72 | |
Jasmin | 16.59 | |
Kern Bluff | 12.54 | |
Kern Front | 35.68 | |
Kern River | 15.09 | |
Kettleman Middle Dome | 3.93 | |
Kettleman North Dome | 3.42 | |
Landslide | 12.53 | |
Las Cienegas | 4.96 | |
Livermore | 2.66 | |
Lompoc | 28.45 | |
Long Beach | 5.48 | |
Long Beach Airport | 4.92 | |
Los Angeles Downtown | 5.89 | |
Los Angeles, East | 14.71 | |
Lost Hills | 12.99 | |
Lost Hills, Northwest | 5.36 | |
Lynch Canyon | 23.10 | |
Mahala | 4.99 | |
McCool Ranch | 9.59 | |
McDonald Anticline | 4.33 | |
McKittrick | 25.31 | |
Midway-Sunset | 29.33 | |
Montalvo, West | 2.65 | |
Montebello | 17.03 | |
Monument Junction | 4.95 | |
Mount Poso | 3.71 | |
Mountain View | 3.97 | |
Newhall-Potrero | 3.66 | |
Newport, West | 5.21 | |
Oak Canyon | 4.04 | |
Oak Park | 3.01 | |
Oakridge | 3.46 | |
Oat Mountain | 3.17 | |
Ojai | 4.94 | |
Olive | 1.82 | |
Orcutt | 11.76 | |
Oxnard | 5.39 | |
Paloma | 4.88 | |
Placerita | 32.78 | |
Playa Del Rey | 6.87 | |
Pleito | 2.09 | |
Poso Creek | 21.96 | |
Pyramid Hills | 3.36 | |
Railroad Gap | 7.08 | |
Raisin City | 9.13 | |
Ramona | 4.47 | |
Richfield | 4.75 | |
Rincon | 4.88 | |
Rio Bravo | 6.98 | |
Rio Viejo | 2.74 | |
Riverdale | 3.80 | |
Rose | 2.91 | |
Rosecrans | 5.76 | |
Rosecrans, South | 3.54 | |
Rosedale | 2.35 | |
Rosedale Ranch | 8.32 | |
Round Mountain | 24.04 | |
Russell Ranch | 8.58 | |
Salt Lake | 3.18 | |
Salt Lake, South | 6.34 | |
San Ardo | 26.42 | |
San Miguelito | 5.25 | |
San Vicente | 3.22 | |
Sansinena | 3.21 | |
Santa Clara Avenue | 3.53 | |
Santa Fe Springs | 12.53 | |
Santa Maria Valley | 4.80 | |
Santa Susana | 5.29 | |
Sargent | 4.00 | |
Saticoy | 3.68 | |
Sawtelle | 2.56 | |
Seal Beach | 5.19 | |
Semitropic | 4.30 | |
Sespe | 3.98 | |
Shafter, North | 3.32 | |
Shiells Canyon | 5.07 | |
South Mountain | 3.58 | |
Stockdale | 2.18 | |
Tapia | 6.92 | |
Tapo Canyon, South | 3.08 | |
Tejon | 13.77 | |
Tejon Hills | 9.39 | |
Tejon, North | 5.63 | |
Temescal | 3.40 | |
Ten Section | 7.50 | |
Timber Canyon | 4.74 | |
Torrance | 3.99 | |
Torrey Canyon | 3.52 | |
Union Avenue | 5.58 | |
Vallecitos | 4.53 | |
Ventura | 4.54 | |
Wayside Canyon | 2.36 | |
West Mountain | 3.53 | |
Wheeler Ridge | 2.80 | |
White Wolf | 1.92 | |
Whittier | 3.71 | |
Wilmington | 8.31 | |
Yowlumne | 13.90 | |
Zaca | 9.53 | |
US Federal OCS | Beta | 1.59 |
Carpinteria | 3.28 | |
Dos Cuadras | 4.57 | |
Hondo | 5.93 | |
Hueneme | 4.67 | |
Pescado | 7.07 | |
Point Arguello | 14.07 | |
Point Pedernales | 8.26 | |
Sacate | 4.77 | |
Santa Clara | 2.46 | |
Sockey | 13.09 | |
Default | 11.78 |
* Based on production and transport of the crude oil supplied to the indicated California refinery(ies) during the baseline calendar year, 2010.
3. Solar or wind electricity generation. To qualify for the credit, electricity must be produced and consumed onsite or be provided directly to the crude oil production or transport facilities from a third-party generator and not through a utility owned transmission or distribution network. Energy storage may be used to increase the quantity of electricity supplied to crude oil production or transport facilities from intermittent solar and wind electricity generation sources.
(B) The innovative method must become operational no earlier than 2010 for solar steam and CCS projects or January 1, 2015, for any other innovative method above. Any project must be approved for use by the Executive Officer before generating credit under the LCFS regulation. Projects that utilize carbon capture and sequestration are subject to the provisions of section 95490.
No credits may be generated for any quarter preceding the quarter in which the application is approved.
(C) The project operator must initiate review of the opt-in project using the innovative method through a written application to the Executive Officer. If the innovative method involves steam, heat, or electricity produced by a third party and delivered to the crude oil producer or transporter, both the crude producer or transporter and the third party must apply and will be considered joint applicant project operator for approval of the innovative method. If more than one crude producer or transporter receives steam, heat, or electricity from a single third-party facility, each crude producer or transporter must submit an independent application with the third party as a joint applicant on each submittal. If the innovative method involves delivery of carbon captured by the crude oil producer or transporter to a third party to store the carbon, both the crude producer or transporter and the third party must apply and will be considered joint applicants for approval of the innovative method.
(D) A crude oil producer or transporter must register under section 95483.1 as an opt-in project operator to receive credits for an approved innovative method. The crude oil producer or transporter, through a written agreement, may elect to transfer the right to opt in for credit generation to the joint applicant. If neither the crude oil producer or transporter nor the joint applicant using an approved innovative method registers as an opt-in project operator, credits generated by the producer's or transporter's use of the innovative method may be claimed by California refinery(ies) that purchase the crude produced or transported using the innovative method if CARB receives all information it needs to ensure compliance with limitations and reporting requirements applied to the method.
If the innovative method involves more than one crude producer or transporter using steam, heat, or electricity produced at a single third-party facility, the threshold criteria listed above may apply to the aggregated project total.
For crude oil produced using solar steam generation:
Where avoided emissions, as calculated using the OPGEE model assuming displacement of steam produced using a natural gas fired once through steam generator, are correlated with the steam quality as tabulated below:
Steam quality | Avoided emissions (gCO2e/bbl solar steam) |
---|---|
95% and above | 34,875 |
85% to <95% | 30,443 |
75% to <85% | 28,188 |
65% to <75% | 25,932 |
55% to <65% | 23,677 |
45% to <55% | 21,421 |
For crude oil produced or transported using solar or wind based electricity:
For crude oil produced or transported using any other innovative method listed in section 95489(c)(1)(A):
where:
CreditsInnov(MT) means the amount of LCFS credits generated (a positive value), in metric tons, by the volume of a crude oil produced or transported using the innovative method and delivered to California refineries for processing;
Vsteam means the overall volume, in barrels cold water equivalent, of steam injected;
fsolar means the fraction of injected steam that is produced using solar;
Vcrudeproduced means the volume, in barrels, of crude oil produced or transported using the innovative method;
VInnov means the volume, in barrels, of crude oil produced or transported using the innovative method and delivered to California refineries for processing. If the crude produced or transported using the innovative method and delivered to California refineries is part of a blend, then VInnov is the volume of blend delivered to California refineries times the volume fraction of the crude within the blend that was produced or transported using the innovative method.
Eelectricity means the overall electricity consumption to produce or transport the crude, in kW-hr;
frenew means the fraction of consumed electricity that is produced using qualifying solar or wind power;
ΔCIInnov means the reduction in carbon intensity (a positive value), in gCO2e/MJcrude, associated with crude oil production or transport with the innovative method as compared to crude oil production or transport by a baseline process without the method (hereafter referred to as the comparison baseline method); and
EInnov means the energy density (lower heating value), in MJ/barrel, for the crude oil produced or transported with the innovative method.
(G) Renewable or low-CI energy sources listed in (A) that are used to generate LCFS credit for innovative crude may not also claim renewable energy certificates or other environmental attributes recognized or credited by any other jurisdiction or regulatory program, other than the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800).
1. That all information in the application not identified as confidential business information is 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 that information claimed by the applicant to be confidential might later be disclosed under section 91022 if the state board determines the information is subject to disclosure.
2. That the crude oil producer or transporter or third-party joint applicant must register under section 95483.1 as an opt-in project operator to receive LCFS credit for an innovative method, and that if the crude oil producer or transporter or third-party joint applicant does not register as an opt-in project operator, credits from an approved innovative method may be claimed by California refinery(ies) that purchase crude produced from the innovative method.
(C) An application, except for solar-generated steam for crude oil production (45 percent steam quality or greater), wind-based electricity, or solar-based electricity, shall include a detailed description of the innovative method and its comparison baseline method. The description of innovative and comparison baseline methods can be limited to those portions of the crude production or transport process affected by the innovative method. The description of the innovative method and its comparison baseline method must include each of the following, to the extent each is applicable to the innovative method:
1. Schematic flow charts that identify the system boundaries used for the purposes of performing the life cycle analyses on the proposed innovative method and the comparison baseline method. Each piece of equipment or stream appearing on the process flow diagrams shall be clearly identified and shall include data on its energy and materials balance. The system boundary shall be clearly shown in the schematic.
(D) An application, except for solar-generated steam for crude oil production (45 percent steam quality or greater), wind-based electricity, or solar-based electricity shall include descriptions of the life cycle assessments (LCAs) performed on the proposed innovative method and its comparison baseline method using the CARB OPGEE model or an alternative model or LCA methodology approved by the Executive Officer. Electronic copies of the models and calculations shall be provided with the application. The descriptions of the life cycle assessment results must include each of the following:
4. Documentation of all modifications other than those covered by subsection 2., above, made to the model. This discussion shall include sufficient specific detail to enable the Executive Officer to replicate all such modifications and, in combination with the inputs and supporting calculations identified in subsections 2. and 3., above, replicate the carbon intensity results reported in the application.
(F) An application shall include a signed transmittal letter from the applicant attesting to the veracity of the information in the application packet and declaring that the information submitted accurately represents the actual and/or intended long-term, steady-state operation of the innovative method described in the application packet. The transmittal letter must meet the requirements of section 95488.8(a)(3)(A) through (D).
(B) After accepting an application as complete, the Executive Officer will post the application at http://www.arb.ca.gov/fuels/lcfs/lcfs.htm. Public comments will be accepted for 10 days following the date on which the application was posted. Only comments related to potential factual or methodological errors may be considered. The Executive Officer will forward to the applicant all comments identifying potential factual or methodological errors. Within 30 days, the applicant shall either submit revisions to its application to the Executive Officer, or submit a detailed written response to the Executive Officer explaining why no revisions are necessary.
(D) As part of any action approving an application, the Executive Officer may prescribe conditions of the approval that contain special limitations, recordkeeping and reporting requirements, and operational conditions that the Executive Officer determines should apply to the innovative method. If the Executive Officer determines the application will not be approved, and the applicant will be notified in writing and the basis for the disapproval shall be identified.
(4) Recordkeeping and Reporting. Each applicant that receives approval for an innovative method must maintain records identifying each facility at which it produces crude oil for sale in California under the approved innovative method. For each such facility, the applicant must report quarterly (through a Project Report) and maintain records for at least ten years showing:
(C) For crude oil imported into California, documentation showing that the innovative crude was supplied to one or more California refinery and the volume (barrels) of innovative crude supplied to each California refinery. For crude oil produced in California, documentation showing the innovative crude was supplied to one or more California refinery, the total volume (barrels) of innovative crude supplied to California refineries, and the total volume (barrels) of innovative crude exported from California.
3. An attestation letter stating that all solar or wind electricity was supplied directly for crude oil production or transport and that the solar or wind electricity reported for generating LCFS credit did not produce renewable energy certificates or other environmental attributes recognized or credited by any other jurisdiction or regulatory program, other than the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800).
4. An attestation letter stating that all solar steam was supplied directly for crude oil production at the oil field and that the solar steam reported for generating LCFS credit did not produce renewable energy certificates or other environmental attributes recognized or credited by any other jurisdiction or regulatory program, other than the market-based compliance mechanism set forth in title 17, California Code of Regulations Chapter 1, Subchapter 10, article 5 (commencing with section 95800).
These records shall be submitted to the Executive Officer during the quarterly reporting period specified in section 95491(b).
(5) Credits for Producing or Transporting Crude Oil Using Innovative Methods. Credits for producing or transporting crude oil using innovative methods may be generated quarterly or annually, at the discretion of the credit generating party. Within 30 days of receiving reports from California refineries detailing crude names and volumes supplied to the refineries during the applicable crediting period, any records requested of the applicant under section 95489(c)(4), and a positive or qualified positive verification of the applicable Project Reports per section 95500, the Executive Officer will determine the number of credits to be issued to the crude oil producer or transporter, joint applicant, or purchasing refinery for the innovative method. An adverse verification statement would result in no credit issuance and Executive Officer investigation.
where:
indexi is the 2012 Nelson Complexity Index listed in Table 10;
Capacityi is the capacity of each unit listed in Table 10 in barrels per day unless otherwise indicated;
Capacitydist is the capacity of the distillation unit in barrels per day;
i is the process unit; and
n is the total number of process units.
Table 10. Nelson Complexity Indices.
Process Unit | Index Value |
---|
Atmospheric Distillation | 1.00 | |
Vacuum Distillation | 1.30 | |
Thermal Processes | 2.75 | |
Delayed and Fluid Coking | 7.50 | |
Catalytic Cracking | 6.00 | |
Catalytic Reforming | 5.00 | |
Catalytic Hydrocracking | 8.00 | |
Catalytic Hydrorefining/Hydrotreating | 2.50 | |
Alkylation | 10.00 | |
Polymerization | 10.00 | |
Aromatics | 20.00 | |
Isomerization | 3.00 | |
Oxygenates | 10.00 | |
Hydrogen (MMcfd) | 1.00 | |
Sulfur Extraction (Metric Tons per day) | 240.00 |
Annual Energy Use (in MMBtu) = fuel use + electricity + thermal
where:
fuel use is the MMBtu of all fuel combusted during the compliance period;
electricity is the imported electricity minus exported electricity per compliance period converted to MMBtu by using 3.142 MMBtu/MWh; and
thermal is the imported thermal energy minus exported thermal energy per compliance period in MMBtu.
(E) If CARBOB or diesel is produced from feedstock other than crude oil (volumes in (2)(B) through (D), above), a separate annual report with third-party verification is required for produced volumes of CARBOB and diesel from crude oil. The annual report must be submitted by March 31st and the verification statement is due August 31st.
(C) An application must include a signed transmittal letter from the applicant attesting to the veracity of the information in the application packet and declaring that the information submitted accurately represents the actual operation of the refinery. The transmittal letter must meet the requirements of section 95488.8(a)(3)(A) through (D).
(D) An applicant that submits any information or documentation in support of a proposed Low-Complexity/Low-Energy-Use Refinery Credit must include a written statement clearly showing that the applicant understands and agrees that all information in the application not identified as confidential business information is 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 that information claimed by the applicant to be confidential might later be disclosed under section 91022 if the Board determines the information is subject to disclosure.
(F) If there is a change to an approved Low-Complexity/Low-Energy-Use Refinery which could impact the eligibility of the refinery, the refinery operator must notify the Executive Officer in writing within 30 business days after the material change has occurred, and the previously-approved application shall become invalid 30 business days after the material change has occurred.
5. Process improvement projects that deliver a reduction in baseline refinery-wide greenhouse gas emissions as outlined in 95489(e)(1)(G)2. Greenhouse gas emissions reductions due to curtailment, simple maintenance; and crude oil switching that results in greenhouse gas reductions in the project system boundary without improvements in the processing units or equipment involved are not eligible. For the purposes of this section, curtailment is defined as an intentional operational and/or physical change exclusively for the reduction or cessation of total gasoline and gasoline blendstocks and diesel production at the refinery. Curtailment does not include the coincidental rate reduction or shutdown of associated emitting equipment as part of a process improvement project or projects aimed primarily at optimizing refinery efficiency.
2. An engineering drawing(s) or process flow diagram(s) that illustrates the project and clearly identifies the system boundaries, relevant process equipment, mass flows, and energy flows necessary to calculate the refinery investment credits, including any directly affected or indirectly affected processing units (at least first order indirect impacts) and a whole refinery diagram if requested; and
3. A preliminary estimate of the refinery investment credit, calculated as required in section 95489(e)(2), including descriptions and copies of any available production and operational data including energy use and other technical documentation utilized in support of the calculation. The application must contain process-specific data showing that the reductions are part of the transportation fuel pathway.
(C) An application must include a signed transmittal letter from the applicant attesting to the veracity of the information in the application packet and declaring that the information submitted accurately represents the actual and/or intended long-term, steady-state operation of the refinery investment credit project described in the application packet. The transmittal letter must meet the requirements of section 95488.8(a)(3)(A) through (D).
(E) An application must include all relevant documentation identifying any changes, including decreases or increases, in criteria air pollutant or toxic air contaminant emissions based on local air permits and supporting permit documentation from the refinery investment credit project. An applicant must include a signed transmittal letter from the applicant attesting that any net increases in emissions from the refinery investment credit project are mitigated in accordance with all local, state, and national environmental and health and safety regulations.
(F) An applicant that submits any information or documentation in support of a proposed refinery investment credit must include a written statement clearly showing that the applicant understands and agrees that all information in the application not identified as confidential business information is 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 that information claimed by the applicant to be confidential might later be disclosed under section 91022 if the Board determines the information is subject to disclosure.
2. The application is incomplete, in which case the Executive Officer will identify which requirements of section 95489(e) have not been met. The applicant may submit additional information to correct deficiencies identified by the Executive Officer. If the applicant is unable to achieve a complete application within 180 calendar days of the Executive Officer's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing.
(B) After accepting an application as complete, the Executive Officer will post the application at http://www.arb.ca.gov/fuels/lcfs/lcfs.htm. Public comments will be accepted for 10 calendar days following the date on which the application was posted. Only comments related to potential factual or methodological errors may be considered. The Executive Officer will forward to the applicant all comments identifying potential factual or methodological errors. Within 30 business days, the applicant must either submit revisions to its application to the Executive Officer, or submit a detailed written response to the Executive Officer explaining why no revisions are necessary.
(C) If the Executive Officer finds that an application meets the requirements set forth in section 95489(e), the Executive Officer will take final action to approve the refinery investment credit project. The Executive Officer may prescribe conditions of approval that contain special limitations, recordkeeping and reporting requirements, and operational conditions that the Executive Officer determines should apply to the project. If the Executive Officer finds that an application does not meet the requirements of section 95489(e), the application will not be approved, and the applicant will be notified in writing, and the basis for the disapproval will be identified.
(A) Upon the completion of reporting period in which a positive or qualified positive verification statement for the applicable Project Reports per section 95500(e) is received, the Executive Officer will determine the number of credits to be issued to the applicants. An adverse verification statement would result in no credit issuance and Executive Officer investigation.
(f) Renewable Hydrogen Refinery Credit Program. A refinery may receive credit for greenhouse gas emission reductions from the production of CARBOB or diesel fuel that is partially or wholly derived from renewable hydrogen. Any such credits must be based on fuel volumes sold, supplied, or offered for sale in California as set forth below.
3. A preliminary estimate of the renewable hydrogen refinery credit, calculated as required in section 95489(f)(2), including descriptions and copies of production and operational data, including energy use, and other technical documentation utilized in support of the calculation. The application must contain process-specific data showing that the reductions are part of the transportation fuel pathway.
(C) An application must include a signed transmittal letter from the applicant attesting under penalty of perjury under California law, to the veracity of the information in the application packet and declaring that the information submitted accurately represents the actual and/or intended long-term, steady-state operation of renewable hydrogen refinery credit project described in the application packet. The transmittal letter must meet the requirements of section 95488.8(a)(3)(A) through (D).
(E) An application must include all relevant documentation identifying any changes, including decreases or increases, in criteria air pollutant or toxic air contaminant emissions based on local air permits from the renewable hydrogen refinery credit project. An applicant must include a signed transmittal letter from the applicant attesting that any net increases in emissions from renewable hydrogen refinery credit project are mitigated in accordance with all local, state, and national environmental and health and safety regulations.
2. The application is incomplete, in which case the Executive Officer will identify which requirements of section 95489(f) have not been met. The applicant may submit additional information to correct deficiencies identified by the Executive Officer. If the applicant is unable to achieve a complete application within 180 days of the Executive Officer's receipt of the original application, the application will be denied on that basis, and the applicant will be informed in writing.
(B) If the Executive Officer finds that an application meets the requirements set forth in section 95489(f), the Executive Officer will take final action to approve the renewable hydrogen refinery credit project. The Executive Officer may prescribe conditions of approval that contain special limitations, recordkeeping and reporting requirements, and operational conditions that the Executive Officer determines should apply to the project. If the Executive Officer finds that an application does not meet the requirements of section 95489(f), the application will not be approved, and the applicant will be notified in writing, and the basis for the disapproval will be identified.
(A) Upon the completion of reporting period in which a positive or qualified positive verification statement for the applicable Project Reports per section 95500(e) is received, the Executive Officer will determine the number of credits to be issued to the applicants. An adverse verification statement would result in no credit issuance and Executive Officer investigation.
(6) Recordkeeping. For each approved renewable hydrogen refinery credit project, the refinery must compile and retain records pursuant to section 95491.1(a)(2) showing compliance with all limitation and recordkeeping requirements identified by the Executive Officer pursuant to section 95489(f)(4)(B), above.
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 1-12-2010; operative 1-12-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 3).
2. Repealer and new section filed 11-16-2015; operative 1-1-2016 (Register 2015, No. 47).
3. Amendment 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 5/24/24 Register 2024, No. 21.
Cal. Admin. Code tit. 17, § 95489, 17 CA ADC § 95489
End of Document |