(A) Starting January 1, 2016, any person who produces, imports, blends, sells, or offers for sale or supply any biodiesel or biodiesel blends, shall be subject to the reporting requirements of Stage 3A, pursuant to section 2293.8.

(B) Starting January 1, 2018, any person who produces, imports, blends, sells, or offers for sale or supply any biodiesel or biodiesel blends in California, shall be subject to pollutant control levels under section 2293.6(a)(2).

(A) ASTM D613-14, “Standard Test Method for Cetane Number of Diesel Fuel Oil (2014).”

(B) ASTM D6890-13be1, “Standard Test Method for Determination of Ignition Delay and Derived Cetane Number (DCN) of Diesel Fuel Oils by Combustion in a Constant Volume Chamber (2013).”

(C) ASTM D7170-14, “Standard Test Method for Determination of Derived Cetane Number (DCN) of Diesel Fuel Oils-Fixed Range Injection Period, Constant Volume Combustion Chamber Method (2014).”

(D) ASTM D7668-14a, “Standard Test Method for Determination of Derived Cetane Number (DCN) of Diesel Fuel Oils-Ignition Delay and Combustion Delay Using a Constant Volume Combustion Chamber Method (2014).”

(A) For on-road applications, NOx control requirements under 2293.6(a)(2) for biodiesel blends up to B20 will no longer be in effect when the vehicle miles travelled (VMT) by heavy-duty on-road diesel NTDEs in California reaches 90 percent of total VMT by the California heavy-duty on-road diesel vehicle fleet. The portion of VMT by on-road diesel vehicles in California represented by NTDEs will be determined using the most current CARB mobile source emission inventory and related tools.

(B) When the conditions in 2293.6(a)(4)(A) occur, the Executive Officer will issue an Executive Order certifying that the provisions of section 2293.6(a)(2) are no longer in effect for biodiesel used in on-road applications. The Executive Order will be posted on the ARB website.

(C) For off-road applications, NOx Control requirements under 2293.6(a)(2) for biodiesel blends up to B20 will no longer be in effect when the hours of operation by heavy-duty off-road diesel NTDEs in California reaches 90 percent of the total hours of operation by the California heavy-duty off-road diesel engine fleet. The portion of total hours of operation by off-road diesel engines in California represented by NTDEs will be determined using the most current CARB mobile source emission inventory and related tools.

(D) When the conditions in 2293.6(a)(4)(C) occur, the Executive Officer will issue an Executive Order certifying that the provisions of section 2293.6(a)(2) are no longer in effect for biodiesel used in off-road applications. The Executive Order will be posted on the CARB website.

(A) Fleet Exemption

The Executive Officer shall grant a fleet an exemption from the requirements of section 2293.6(a)(2) if the fleet owner or operator can demonstrate that at least 90 percent of the fleet consists of a combination of light and medium duty vehicles and heavy duty vehicles with NTDEs, as calculated pursuant to section 2293.6(a)(5)(A)2., and that any biodiesel above the pollutant control level will only be used in the exempted fleet. The application must provide sufficient documentation to demonstrate that the fleet meets all requirements for the fleet exemption. At a minimum, the applicant must provide documentation to demonstrate each of the following:

(B) Retail Fueling Station Exemption

The Executive Officer shall grant a retail fueling station an exemption from the requirements of section 2293.6(a)(2) if the retail fueling station owner can demonstrate that at least 90 percent of all sales at the station of biodiesel blends above the pollutant control level, are to a combination of light and medium duty vehicles (GVWR ≤14,500lbs) and heavy duty vehicles with NTDEs. The applicant must provide sufficient information, including data, surveys, or other proof, to demonstrate that the station meets all requirements for the retail fueling station exemption.

(C) In order for an exemption to be granted, the applicant must submit an application containing the following:

(D) Within 20 business days after receipt of an application, the Executive Officer shall advise the applicant in writing either that the application is complete or that specified additional information is required to make it complete. Within 15 business days of submittal of additional information, the Executive Officer shall advise the applicant in writing that the information submitted makes the application complete or that specified additional information is still required to make the application complete. Within 20 business days after an application has been deemed complete, the Executive Officer shall grant or deny an application.

(E) The Executive Officer shall grant an exemption if the Executive Officer determines the applicant has satisfied all requirements of this section 2293.6(a)(5), while considering the impact on air quality. The Executive Officer may request any additional information reasonably necessary to determine the applicant's eligibility for an exemption. The exemption shall be granted in the form of an executive order which shall automatically terminate effective upon a sunset of the in-use requirements, in accordance with 2293.6(a)(4). The executive order shall contain such terms and conditions that the Executive Officer believes are needed to ensure the exempted activities continue to meet the requirements of this section 2293.6(a)(5), including but not limited to a requirement for periodic updates on the composition of fleets under an exemption. Failure to comply with all terms and conditions in an executive order are grounds for the Executive Officer to revoke the exemption.

(A) On or before December 31, 2019, ARB staff will conduct a program review of biodiesel in-use requirements to determine the efficacy of in-use requirements under section 2293.6(a)(2). In conducting the program review, staff will consider the effects of offsetting factors, in addition to any other factors that may affect NOx emissions stemming from biodiesel use in motor vehicles.